Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 46585
r "a w"FOR: ��.CQ MA" CITY SECRETAFt r FORT PORT H CONTRACT NO. ....— —Q OM .__....—� oft r,�,�TIF�I•FLECO/� PROJECT MANUAL FOR HMAC STREET REHABILITATION (2015-1) At Various Locations City Project No. 02423 Betsy Price David Cooke Mayor City Manager Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared by The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2014OF TF �� .. OFFICIAL RECO ~..'.....................:''�'.; s NAM N.FARES ..r J CITY SECRETARY ...'....................... , 68315 ::aS ftR n� TX �LCEIVEp APR 0 � 3CS 015 M&C Review Official site of the Gty of Fort Worth,Texas CITY COUNCIL AGENDA FORTVVt?RTH COUNCIL ACTION: Approved on 3/17/2015 -Ordinance Nos. 21703-03-2015 & 21704-03-2015 DATE: 3/17/2015 REFERENCE C-27234 LOG NAME: 20HMAC STREET NO.: REHABILITATION (2015-1) CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING. SUBJECT: Authorize Execution of a Contract with JLB Contracting, LLC, in the Amount of $1,667,091.68 for Hot Mix Asphaltic Concrete Street Rehabilitation 2015-1, at Multiple Locations Throughout the City of Fort Worth and Adopt Appropriation Ordinances (COUNCIL DISTRICTS 4, 5, 8 and 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize a transfer in the amount of$833,545.84 from the Water and Sewer Fund in the amount of $416,772.92 to the Water Capital Projects Fund and $416,772.92 to the Sewer Capital Projects Fund; 2. Adopt the attached appropriation ordinances increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$416,772.92 and the Sewer Capital Projects Fund in the amount of$416,772.92; and 3. Authorize the execution of a contract with JLB Contracting, LLC., in the amount of$1,667,091.68 for Hot Mix Asphaltic Concrete Rehabilitation 2015-1, on approximately 10.13 lane miles at multiple locations, as listed on the attachments. DISCUSSION: These street rehabilitation projects will be undertaken in conjunction with a separate utility contract for the replacement of water and sanitary sewer lines. The Transportation and Public Works Department shares with the Water Department in the street rehabilitation costs in lieu of performing trench repair under the utility contract. The Transportation and Public Works Department's share on this contract will be $833,545.84, which is available in the Fiscal Year (FY) 2015 Contract Street Maintenance Budget. $ The City reserves the right to increase or decrease quantities of individual pay items within the contract, provided that the total contract amount remains within plus or minus 25 percent of the contract award. This project was advertised for bid in the Fort Worth star-Telegram on November 6, 2014 and November 13, 2014. On December 4, 2014, the following bids were received: Bidder Amount JLB Contracting, LLC. $1,667,091.68 Peachtree Construction, Ltd. $1,765,725.44 McClendon Construction, Inc. $2,139,933.00 M/WBE Office: JLB Contracting, LLC., is in compliance with the City's BDE Ordinance by committing to 16 percent MBE participation on this project. The City's MBE goal on this project is 16 percent. These street projects are located in COUNCIL DISTRICTS 4, 5, 8 and 9, Mapsco 64A, 77M, 78F, 78G, 79P, 79Q, 79T, 79U and 90H. I It9pps.o{vmet.orWcamiljxcketfmr, review.asp'Iit) 207 4knumldde-W7r2015 12 325x1015 MBC Review - FISCAL INFORMATIONICERTIFICATION: The Financial Management Services Director certifies that funds in the amount of$833,545.84 are — available in the current capital budget, as appropriated, of the Contract Street Maintenance Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds in the amount of$416,772.92 will be available in each of the current capital budgets, as appropriated, of the Water Capital Projects Fund and the Sewer Capital Projects Fund. The Fiscal Year 2015 Water& Sewer operating budget includes appropriations of$51,724,257.00 for the purpose of providing pay-as-you-go funding for capital projects. The amount transferred year to date is $24,947,127.00 in the operating budget. Funds have previously been transferred from General Fund to the Contract Street Maintenance Fund in the amount of$10,633,833.00 for the Contract Street Rehabilitation Program. Upon approval of the above contract, remaining funds for this program will be $9,800,337.16. TO Fund/AccountlCenters FROM Fund/Account/Centers 2) P253 541200 604170242383 $416.772.92 1) PE45 538040 0609020 $416.772.92 2) P258 541200 704170242383 $416.772.92 1) PE45 538040 0709020 $416.772.92 i"2) 3) P253 541200 604170242383 $416.772.92 P253 476045 06041702423ZZ $416.772.92 3) P258 541200 7041702423$,3 $416.772.92 1" P258 476045 07041702423ZZ $416.772.92 2) C293 541200 209620242383 $833.545.84 Submitted M i Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contagt: Kristian Sugrim (8902) ATTACHMENTS _ 20HMAC STREET REHABILITATION (2015-1) P253 A015.docx 20HMAC STREET REHABILITATION (2015-1) P258 A015.docx STRET REHABILITATION (HMAC 015-1) MAP PAGE 1.Ddf STRET REHABILITATION (HMAC 2015-1) MAP PAGE 2.{�df STRET REHABILITATION (HMAC 2015-1) MAP PAGE 3.0f STRET REHABILITATION (HMAC2015-1) MAP PAGE 4.0 Mpl/apps.ctmet.orglcourcilj)ackeVmc review.asrMD=2WA4&courcildate=3117/2M5 2Q 000000-1 TABLE OF CONTENTS Page 1 of 2 1 SECTION 00 00 00 2 TABLE OF CONTENTS 3 4 Division 00-General Conditions 5 0005 10 Mayor and Council Communication 6 0005 15 Addenda 7 0011 13 Invitation to Bidders 8 0021 13 Instructions to Bidders 9 0035 13 Conflict of Interest Affidavit 10 00 41 00 Bid Form 11 00 42 43 Proposal Form Unit Price 12 0043 13 Bid Bond 13 00 43 37 Vendor Compliance to State Law Nonresident Bidder 14 0045 11 Bidders Pre-qualifications 15 0045 12 Prequalification Statement 16 0045 13 Bidder Prequalification Application 1700 45 26 Contractor Compliance with Workers'Compensation Law 18 00 45 40 Minority Business Enterprise Goal 19 00 52 43 Agreement 20 0061 13 Performance Bond 21 0061 14 Payment Bond 22 0061 19 Maintenance Bond 23 00 61 25 Certificate of Insurance 24 00 72 00 General Conditions 25 00 73 00 Supplementary Conditions 26 27 Division 01 -General Requirements 28 01 1100 Summary of Work 29 01 3119 Preconstruction Meeting 30 01 3120 Project Meetings 31 01 3216 Construction Progress Schedule 32 01 3233 Preconstruction Video 33 01 3513 Special Project Procedures 34 01 4523 Testing and Inspection Services 35 01 5000 Temporary Facilities and Controls 36 01 5526 Street Use Permit and Modifications to Traffic Control 37 01 5813 Temporary Project Signage 38 01 7000 Mobilization and Remobilization 39 01 7123 Construction Staking 40 01 7423 Cleaning 41 01 7719 Closeout Requirements 42 01 7839 Project Record Documents 43 44 Division 02- Existing Conditions 45 0241 15 Paving Removal 46 47 Division 03—Concrete 48 03 30 00 Cast-in-Place Concrete 49 CITY OF FORT WORTH HMAC STREET REHABILITATION(2015-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02423 Revised November 9,2011 000000-2 TABLE OF CONTENTS Page 2 of 2 1 Division 31 -Earthwork 2 3123 16 Unclassified Excavation 3 4 Division 32-Exterior Improvements 5 32 01 29 Concrete Paving Repair 6 32 1133 Cement Treated Base Courses 7 32 1216 Asphalt Paving 8 32 13 13 Concrete Paving 9 32 1320 Concrete Sidewalks,Driveways and Barrier Free Ramps 10 32 16 13 Concrete Curb and Gutters and Valley Gutters 11 32 1723 Pavement Markings 12 32 1725 Curb Address Painting 13 3291 19 Topsoil Placement and Finishing of Parkways 14 3292 13 Hydro-Mulching, Seeding,and Sodding 15 16 Division 33—Utilities 17 33 05 13 Frame,Cover, and Grade Rings 18 33 05 14 Adjusting Manholes,Inlets,Valve Boxes, and Other Structures to Grade 19 33 05 17 Concrete Collars[To be completed in early 2012.1 20 21 Division 34-Transportation 22 3471 13 Traffic Control } 23 24 Technical Specifications listed below are included for this Project by reference and can be 25 viewed/downloaded from the City's Buzzsaw site at: 26 27 htps://proiecWgint.buzzsaw.com/client/fortworthgov/Resources/02%20- 28 %20Construction%2ODocuments/Specifications 29 30 Division 99—Special Technical Specifications 31 9999.0096 Paving Construction Allowance 32 33 Appendix 34 GC-4.01 Availability of Lands 35 GC-4.02 Subsurface and Physical Conditions 36 GC-4.04 Underground Facilities 37 GC-4.06 Hazardous Environmental Condition at Site 38 GC-6.07 Wage Rates 39 GC-6.09 Permits and Utilities 40 GC-6.24 Nondiscrimination 41 GR-01 60 00 Product Requirements 42 SP-01 Special Provisions 43 END OF SECTION CITY OF FORT WORTH HMAC STREET REHABILITATION(2015-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02423 Revised November 9,2011 000510-1 MAYOR AND COUNCIL COMMUNICATION(M&C) Page l of 1 1 SECTION 00 05 10 2 MAYOR AND COUNCIL COMMUNICATION(M&C) 3 4 5 6 [Assembler: For Contract Document execution, remove this page and replace with the approved 7 M&C for the award of the project. M&C insert shall be on blue paper.] 8 9 10 11 12 13 14 15 16 17 18 19 20 END OF SECTION CITY OF FORT WORTH HMAC STREET REHABILITATION(2015.1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02423 Revised July 1,2011 4-. 0005 15-1 ADDENDA Page 1 of 1 1 SECTION 00 05 15 2 ADDENDA 3 4 5 6 [Assembler: For Contract Document execution, remove this page and replace with any addenda 7 issued during bidding.] 8 9 10 11 �+ 12 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION CITY OF FORT WORTH STREET REHABILITATION(2015-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02423 Revised July 1,2011 001113-1 INVITATION TO BIDDERS Page I of 2 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Sealed bids for the HMAC STREET REHABILITATION(2015-1),02423, will be received by 6 the City of Fort Worth Purchasing Office: 7 8 City of Fort Worth 9 Purchasing Division 10 1000 Throckmorton Street 11 Fort Worth,Texas 76102 12 until 1:30 P.M. CST,Thursday, December 4,2014, and bids will be opened publicly and read 13 aloud at 2:00 PM CST in the Council Chambers. 14 15 GENERAL DESCRIPTION OF WORK 16 The major work will consist of the(approximate)following: 66568 S.Y. 2"HMAC Surface Course,Type D 16654 L.F. Remove and Replace Existing Concrete Curb&Gutter 3912 S.F. Remove and Replace Concrete Sidewalk 16223 S.F. Remove&Replace Concrete Driveway 24638 S.Y. 8"Pavement Pulverization 42030 S.Y. 2"-inch Surface Milling 17 PREQUALIFICATION 18 The improvements included in this project, which require prequalification, must be performed by 19 a contractor who is prequalified by the City at the time of bid opening. The procedures for 20 qualification and prequalification are outlined in the Section 00 21 13 —INSTRUCTIONS TO 21 BIDDERS. 22 23 DOCUMENT EXAMINATION AND PROCUREMENTS 24 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 25 of Fort Worth's Purchasing Division website at hqp://www.,,r,,Vorth og v.org/purchasing!and 26 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site.The 27 Contract Documents may be downloaded,viewed, and printed by interested contractors and/or 28 suppliers. 29 30 Copies of the Bidding and Contract Documents may be purchased from: 31 Nikki Mcleroy, 817-392-8549, City of Fort Worth,Transportation and Public Works, 1000 32 Throckmorton St., Fort Worth,TX 76102 i 33 34 The cost of Bidding and Contract Documents is: $30.00 35 CITY OF FORT WORTH HMAC STREET REHABILITATION(2015-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02423 Revised November 27,2012 f 0011 13-2 INVITATION TO BIDDERS Page 2 of 2 I PREBID CONFERENCE 2 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO 3 BIDDERS at the following location,date,and time: 4 DATE: Tuesday,November 25,2014 5 TIME: 9:00 A.M. 6 PLACE: Transportation and Public Works, 1000 Throckmorton St.,RM#: 270, Fort 7 Worth,TX 76102 8 LOCATION: Municipal Building,2"d Floor 9 10 11 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 12 City reserves the right to waive irregularities and to accept or reject bids. 13 14 INQUIRIES 15 All inquiries relative to this procurement should be addressed to the following: 16 Attn: Kristian Sugrim, City of Fort Worth 17 Email: Kristian.Sugrim@fortworthtexas.gov 18 Phone: 817-392-8902 19 20 ADVERTISEMENT DATES 21 November 6,2014 22 November 13, 2014 23 24 END OF SECTION CITY OF FORT WORTH HMAC STREET REHABILITATION(2015-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02423 Revised November 27,2012 002113-1 INSTRUCTIONS TO BIDDERS Page I of 9 1 SECTION 00 21 13 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 6 00-GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person,firm,partnership, company, association,or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder: Any person,firm,partnership, company, association,or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided)makes an award. 22 23 2. Copies of Bidding Documents * 24 I� 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. Prequalification of Bidders(Prime Contractors and Subcontractors) 33 34 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 35 requiring prequalification at the time of bidding. Bids received from contractors who are 36 not prequalified(even if inadvertently opened)shall not be considered. Prequalification 37 requirement work types and documentation are as follows: 38 39 3.1.1. Paving—Requirements document located at; *,. 40 https:Hproiecipoint.buzzsaw.com/fortworthgov/Resources/02%20- 41 %20Construction%2ODocuments/Contractor%2OPrequalificdiion/TPW%20Paving 42 %20Contractor%2OPregualifiication%2OProgram/PREQUALIFICATION%2OREO 43 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public 44 45 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at; 46 CITY OF FORT WORTH HMAC STREET REHABILITATION(2015-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02423 Revised November 27,2012 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 t 1 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within 2 seven (7)calendar days prior to Bid opening,the documentation identified in Section 00 3 45 11, BIDDERS PREQUALIFICATIONS. 4 5 3.2.1. Submission of and/or questions related to prequalification should be addressed to 6 the City contact as provided in Paragraph 6.1. 7 8 9 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 10 bidder(s)for a project to submit such additional information as the City, in its sole 11 discretion may require,including but not limited to manpower and equipment records, 12 information about key personnel to be assigned to the project, and construction schedule, 13 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to " 14 deliver a quality product and successfully complete projects for the amount bid within 15 the stipulated time frame. Based upon the City's assessment of the submitted 16 information,a recommendation regarding the award of a contract will be made to the 17 City Council. Failure to submit the additional information, if requested, may be grounds 18 for rejecting the apparent low bidder as non-responsive. Affected contractors will be 19 notified in writing of a recommendation to the City Council. 20 21 3.4.In addition to prequalification, additional requirements for qualification may be required 22 within various sections of the Contract Documents. 23 24 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 25 26 4.1.Before submitting a Bid,each Bidder shall: ^` 27 28 4.1.1. Examine and carefully study the Contract Documents and other related data 29 identified in the Bidding Documents(including"technical data"referred to in 30 Paragraph 4.2. below).No information given by City or any representative of the 31 City other than that contained in the Contract Documents and officially 32 promulgated addenda thereto, shall be binding upon the City. 33 34 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 35 site conditions that may affect cost,progress,performance or furnishing of the 36 Work. 37 38 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 39 progress,performance or furnishing of the Work. 40 41 4.1.4. < >Be advised,City, in accordance with Title VI of the Civil Rights Act of 1964, 42 78 Stat. 252,42 U.S.C. 20004 to 2000d-4 and Title 49, Code of Federal i 43 Regulations,Department of Transportation, Subtitle A, Office of the Secretary, Part 44 21,Nondiscrimination in Federally-assisted programs of the Department of 45 Transportation issued pursuant to such Act,hereby notifies all bidders that it will 46 affirmatively insure that in any contract entered into pursuant to this advertisement, 47 minority business enterprises will be afforded full opportunity to submit bids in 48 response to this invitation and will not be discriminated against on the grounds of 49 race,color,or national origin in consideration of award. 50 CITY OF FORT WORTH HMAC STREET REHABILITATION(2015-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02423 Revised November 27,2012 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.5. Study all: (i)reports of explorations and tests of subsurface conditions at or 2 contiguous to the Site and all drawings of physical conditions relating to existing - 3 surface or subsurface structures at the Site(except Underground Facilities)that 4 have been identified in the Contract Documents as containing reliable "technical 5 data" and (ii)reports and drawings of Hazardous Environmental Conditions, if any, 6 at the Site that have been identified in the Contract Documents as containing 7 reliable "technical data." 8 9 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 10 the information which the City will furnish. All additional information and data 11 which the City will supply after promulgation of the formal Contract Documents 12 shall be issued in the form of written addenda and shall become part of the Contract 13 Documents just as though such addenda were actually written into the original 14 Contract Documents. No information given by the City other than that contained in 15 the Contract Documents and officially promulgated addenda thereto, shall be 16 binding upon the City. 17 18 4.1.7. Perform independent research, investigations,tests, borings, and such other means 19 as may be necessary to gain a complete knowledge of the conditions which will be 20 encountered during the construction of the project. On request,City may provide 21 each Bidder access to the site to conduct such examinations, investigations, 22 explorations,tests and studies as each Bidder deems necessary for submission of a 23 Bid. Bidder must fill all holes and clean up and restore the site to its former 24 conditions upon completion of such explorations, investigations,tests and studies. 25 26 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 27 cost of doing the Work,time required for its completion,and obtain all information 28 required to make a proposal.Bidders shall rely exclusively and solely upon their 29 own estimates, investigation, research,tests,explorations, and other data which are 30 necessary for full and complete information upon which the proposal is to be based. 31 It is understood that the submission of a proposal is prima-facie evidence that the 32 Bidder has made the investigation, examinations and tests herein required.Claims 33 for additional compensation due to variations between conditions actually 34 encountered in construction and as indicated in the Contract Documents will not be 35 allowed. 36 37 4.1.9. Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or 38 between the Contract Documents and such other related documents.The Contractor 39 shall not take advantage of any gross error or omission in the Contract Documents, 40 and the City shall be permitted to make such corrections or interpretations as may 41 be deemed necessary for fulfillment of the intent of the Contract Documents. 42 43 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of 44 45 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 46 the site which have been utilized by City in preparation of the Contract Documents. 47 The logs of Soil Borings, if any, on the plans are for general information only. 48 Neither the City nor the Engineer guarantee that the data shown is representative of 49 conditions which actually exist. 50 CITY OF FORT WORTH HMAC STREET REHABILITATION{2015-1} STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02423 Revised November 27,2012 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.2. those drawings of physical conditions in or relating to existing surface and 2 subsurface structures(except Underground Facilities)which are at or contiguous to 3 the site that have been utilized by City in preparation of the Contract Documents. ,.. 4 5 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 6 on request. Those reports and drawings may not be part of the Contract 7 Documents, but the "technical data"contained therein upon which Bidder is entitled 8 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 9 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 10 responsible for any interpretation or conclusion drawn from any "technical data"or I l any other data, interpretations,opinions or information. 12 13 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 14 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 15 exception the Bid is premised upon performing and furnishing the Work required by the 16 Contract Documents and applying the specific means,methods,techniques, sequences or -- 17 procedures of construction(if any)that may be shown or indicated or expressly required 18 by the Contract Documents, (iii)that Bidder has given City written notice of all 19 conflicts,errors,ambiguities and discrepancies in the Contract Documents and the 20 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 21 etc.,have not been resolved through the interpretations by City as described in 22 Paragraph 6.,and(iv)that the Contract Documents are generally sufficient to indicate 23 and convey understanding of all terms and conditions for performing and furnishing the 24 Work. 25 26 4.4.The provisions of this Paragraph 4, inclusive, do not apply to Asbestos,Polychlorinated 27 biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 28 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract 29 Documents. 30 31 5. Availability of Lands for Work,Etc. 32 33 5.1.The lands upon which the Work is to be performed, rights-of-way and easements for 34 access thereto and other lands designated for use by Contractor in performing the Work 35 are identified in the Contract Documents. All additional lands and access thereto - 36 required for temporary construction facilities,construction equipment or storage of 37 materials and equipment to be incorporated in the Work are to be obtained and paid for 38 by Contractor. Easements for permanent structures or permanent changes in existing 39 facilities are to be obtained and paid for by City unless otherwise provided in the 40 Contract Documents. 41 42 5.2.Outstanding right-of-way,easements, and/or permits to be acquired by the City are listed 43 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 44 of-way, easements, and/or permits are not obtained,the City reserves the right to cancel 45 the award of contract at any time before the Bidder begins any construction work on the 46 project. 47 CITY OF FORT WORTH HMAC STREET REHABILITATION(2015-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02423 Revised November 27,2012 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 2 way,easements, and/or permits,and shall submit a schedule to the City of how 3 construction will proceed in the other areas of the project that do not require permits 4 and/or easements. 5 6 6. Interpretations and Addenda 7 8 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 9 City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions 10 received after this day may not be responded to. Interpretations or clarifications 11 considered necessary by City in response to such questions will be issued by Addenda 12 delivered to all parties recorded by City as having received the Bidding Documents. 13 Only questions answered by formal written Addenda will be binding. Oral and other 14 interpretations or clarifications will be without legal effect. 15 16 Address questions to: 17 18 City of Fort Worth 19 1000 Throckmorton Street 20 Fort Worth,TX 76102 21 Attn: Kristian Sugrim,Transportation&Public Works 22 Fax: 817-392-8092 23 Email: Kristian.Sugrim@Fortworthtexas.govPhone: 817-392-8902 24 25 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 26 City. 27 28 Addenda or clarifications may be posted via Buzzsaw at: 29 htips://proiec=int.buzzsaw.com/client/fortworthp-ov/Infrastructure%20Proiects/02423%20- 30 %20HMAC%20Street%20Rehabilitation%202015-1> 31 32 6.3.A prebid conference may be held at the time and place indicated in the Advertisement or 33 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 34 Project. Bidders are encouraged to attend and participate in the conference. City will 35 transmit to all prospective Bidders of record such Addenda as City considers necessary 36 in response to questions arising at the conference. Oral statements may not be relied 37 upon and will not be binding or legally effective. 38 39 7. Bid Security 40 41 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 42 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 43 the requirements of Paragraphs 5.01 of the General Conditions. 44 CITY OF FORT WORTH HMAC STREET REHABILITATION(2015-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02423 Revised November 27,2012 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 2 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 3 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 4 default, rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 5 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 6 other Bidders whom City believes to have a reasonable chance of receiving the award 7 will be retained by City until final contract execution. 8 9 8. Contract Times 10 The number of days within which, or the dates by which, Milestones are to be achieved in 11 accordance with the General Requirements and the Work is to be completed and ready for 12 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 13 attached Bid Form. 14 15 9. Liquidated Damages 16 Provisions for liquidated damages are set forth in the Agreement. 17 18 10. Substitute and "Or-Equal" Items 19 The Contract, if awarded,will be on the basis of materials and equipment described in the .. 20 Bidding Documents without consideration of possible substitute or"or-equal" items. 21 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or"or- 22 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 23 City,application for such acceptance will not be considered by City until after the Effective 24 Date of the Agreement. The procedure for submission of any such application by Contractor 25 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C, of the General 26 Conditions and is supplemented in Section 0125 00 of the General Requirements. 27 28 11. Subcontractors, Suppliers and Others 29 30 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 31 12-2011 (as amended),the City has goals for the participation of minority business 32 and/or small business enterprises in City contracts. A copy of the Ordinance can be 33 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 34 SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor 35 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 36 Venture Form as appropriate.The Forms including documentation must be received 37 by the City no later than 5:00 P.M.CST,five(5)City business days after the bid 38 opening date.The Bidder shall obtain a receipt from the City as evidence the 39 documentation was received. Failure to comply shall render the bid as non- 40 responsive. 41 42 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 43 or organization against whom Contractor has reasonable objection. 44 45 12. Bid Form 46 47 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 48 obtained from the City. 49 CITY OF FORT WORTH HMAC STREET REHABILITATION(2015-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02423 Revised November 27,2012 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 2 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 3 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 4 price item listed therein. In the case of optional alternatives,the words "No Bid," 5 "No Change," or"Not Applicable" may be entered. Bidder shall state the prices, 6 written in ink in both words and numerals,for which the Bidder proposes to do the 7 work contemplated or furnish materials required. All prices shall be written legibly. 8 In case of discrepancy between price in written words and the price in written 9 numerals,the price in written words shall govern. 10 11 12.3. Bids by corporations shall be executed in the corporate name by the president or a 12 vice-president or other corporate officer accompanied by evidence of authority to 13 sign. The corporate seal shall be affixed. The corporate address and state of 14 incorporation shall be shown below the signature. 15 16 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 17 partner,whose title must appear under the signature accompanied by evidence of 18 authority to sign. The official address of the partnership shall be shown below the 19 signature. 20 21 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 22 member and accompanied by evidence of authority to sign. The state of formation of 23 the firm and the official address of the firm shall be shown. 24 25 12.6. Bids by individuals shall show the Bidder's name and official address. 26 27 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 28 indicated on the Bid Form. The official address of the joint venture shall be shown. 29 30 12.8. All names shall be typed or printed in ink below the signature. 31 32 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 33 which shall be filled in on the Bid Form. 34 35 12.10. Postal and e-mail addresses and telephone number for communications regarding the 36 Bid shall be shown. 37 38 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 39 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 40 to State Law Non Resident Bidder. 41 42 13. Submission of Bids 43 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 44 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 45 addressed to City Manager of the City,and shall be enclosed in an opaque sealed envelope, 46 marked with the City Project Number,Project title,the name and address of Bidder, and 47 accompanied by the Bid security and other required documents. If the Bid is sent through the 48 mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope 49 with the notation "BID ENCLOSED" on the face of it. 50 CITY OF FORT WORTH HMAC STREET REHABILITATION(2015-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02423 Revised November 27,2012 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14. Modification and Withdrawal of Bids 2 3 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 4 withdrawn prior to the time set for bid opening. A request for withdrawal must be 5 made in writing by an appropriate document duly executed in the manner that a Bid 6 must be executed and delivered to the place where Bids are to be submitted at any 7 time prior to the opening of Bids. After all Bids not requested for withdrawal are 8 opened and publicly read aloud,the Bids for which a withdrawal request has been 9 properly filed may, at the option of the City, be returned unopened. 10 11 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 12 time set for the closing of Bid receipt. 13 14 15. Opening of Bids 15 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 16 abstract of the amounts of the base Bids and major alternates(if any)will be made available 17 to Bidders after the opening of Bids. 18 19 16. Bids to Remain Subject to Acceptance 20 All Bids will remain subject to acceptance for the time period specified for Notice of Award 21 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 22 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 23 24 17. Evaluation of Bids and Award of Contract 25 26 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 27 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 28 and to reject the Bid of any Bidder if City believes that it would not be in the best 29 interest of the Project to make an award to that Bidder,whether because the Bid is 30 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 31 meet any other pertinent standard or criteria established by City. City also reserves 32 the right to waive informalities not involving price,contract time or changes in the = 33 Work with the Successful Bidder. Discrepancies between the multiplication of units 34 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 35 between the indicated sum of any column of figures and the correct sum thereof will r„ 36 be resolved in favor of the correct sum. Discrepancies between words and figures 37 will be resolved in favor of the words. 38 39 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 40 among the Bidders,Bidder is an interested party to any litigation against City, 41 City or Bidder may have a claim against the other or be engaged in litigation, 42 Bidder is in arrears on any existing contract or has defaulted on a previous 43 contract, Bidder has performed a prior contract in an unsatisfactory manner,or 44 Bidder has uncompleted work which in the judgment of the City will prevent or 45 hinder the prompt completion of additional work if awarded. 46 CITY OF FORT WORTH HMAC STREET REHABILITATION(2015-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02423 Revised November 27,2012 002113-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 2 other persons and organizations proposed for those portions of the Work as to which 3 the identity of Subcontractors, Suppliers,and other persons and organizations must 4 be submitted as provided in the Contract Documents or upon the request of the City. 5 City also may consider the operating costs, maintenance requirements, performance 6 data and guarantees of major items of materials and equipment proposed for 7 incorporation in the Work when such data is required to be submitted prior to the 8 Notice of Award. 9 10 17.3. City may conduct such investigations as City deems necessary to assist in the 11 evaluation of any Bid and to establish the responsibility, qualifications,and financial 12 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 13 organizations to perform and furnish the Work in accordance with the Contract 14 Documents to City's satisfaction within the prescribed time. 15 16 17.4. Contractor shall perform with his own organization, work of a value not less than 17 35%of the value embraced on the Contract, unless otherwise approved by the City. 18 19 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 20 responsive Bidder whose evaluation by City indicates that the award will be in the 21 best interests of the City. 22 23 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 24 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 25 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 26 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 27 comparable contract in the state in which the nonresident's principal place of 28 business is located. 29 30 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 31 to be awarded, City will award the Contract within 90 days after the day of the Bid 32 opening unless extended in writing. No other act of City or others will constitute 33 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 34 the City. 35 36 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 37 38 18. Signing of Agreement 39 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 40 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 41 Contractor shall sign and deliver the required number of counterparts of the Agreement to 42 City with the required Bonds, Certificates of Insurance,and all other required documentation. 43 City shall thereafter deliver one fully signed counterpart to Contractor. 44 45 46 47 END OF SECTION CITY OF FORT WORTH HMAC STREET REHABILITATION(2015-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02423 Revised November 27,2012 0035 13-1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of I 1 SECTION 00 35 13 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder, offeror, or respondent(hereinafter also referred to as "you')to a City of Fort Worth 5 (also referred to as "City") procurement are required to complete Conflict of Interest 6 Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure 7 Statement(the attached CIS Form) below pursuant to state law. This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work.The referenced forms may be downloaded from the website links provided below. 10 11 http://www.ethics.state.tx.us/forms/CIO.pdf 12 13 hgp://www.ethics.state.tx.us/forms/CIS.pdf 14 - 15 Q CIQ Form is on file with City Secretary 16 17 0 CIQ Form is being provided to the City Secretary 18 19 F� CIS Form is on File with City Secretary 20 _ 21 ® CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 27 By: 28 Company (Please Print) 29 30 Signature: 31 Address 32 33 Title: 34 City/State/Zip (Please Print) 35 36 37 END OF SECTION CITY OF FORT WORTH HMAC STREET REHABILITATION(2015 7) ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02423 Revised March 27,2012 00 35 13 BID FORM Page 1 or 1 SECTION 00 3513 CONFLICT OF INTEREST AFFIDAVIT Each bidder,offeror,or respondent(hereinafter also referred to as"you")to a City of Fort Worth(also referred to as"City")procurement are required to complete Conflict of Interest Questionnaire(the attached CIQ Form)and Local Government Officer Conflicts Disclosure Statement(the attached CIS Form)below pursuant to state law.This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work.The referenced forms may also be downloaded from the website links provided below. htt0/wwwethics.state.tx.us/forms/C1Q.Pdf http://www.ethics state tx.us/forms/CIS.pdf CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: JLB Contracting,LLC By: James G Humphrey PO Box 24131 Signature: ��,,,,.,�✓ /J L/ Fort Worth, Texas 76124 Title: Sr Vice President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20120327 Bid Proposal Workbook Addendum 1 00 41 00 BID FORM Page 1 of 3 SECTION 00 4`100 BID FORM TO: The City Manager c/o:The Purchasing Department 1000 Throckmorton Street City of Fort Worth,Texas 76102 FOR: HMAC STREET REHABILITATION(2015-1) AT VARIOUS LOCATIONS City Project No.: 2423 Units/Sections: PAVEMENT IMPROVEMENT 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS,including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance,will do so pending contract award,and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association,organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent,collusive,or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice"means the offering,giving,receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. 'fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels,or(c)to deprive City of the benefits of free and open competition. c. "collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City,a purpose of which is to establish Bid prices at artificial,non-competitive levels. d. "coercive practice"means harming or threatening to harm,directly or indirectly,persons or their property to influence their participation in the bidding process or affect the execution of the Contract. CRY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20120327 Bid Proposal Workbook Addendum 1 00 41 00 BID FORM Page 2 0 3 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: HMAC Street Reconstruction Heavy Maintenance and all items directly associated with the paving. a. b. G d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 210 calendar days after the date when 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 4100 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 4512 g. Conflict of Interest Affidavit,Section 00 3513 'If necessary,CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project.Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Bid Proposal Workbook Addendum 1 • 004100 BID FORM Page 3 of 3 6.3. Evaluation of Alternate Bid Items<use this if applicable, otherwise delete> .r Total Base Bid<use this if applicable,otherwise delete> $0.00 Alternate Bid<use this if applicable, otherwise delete> $0.00 Deductive Alternate<use this if applicable,otherwise delete> $0.00 Additive Alternate<use this if applicable,otherwise delete> $0.00 Total Bid $1,667,091.68 7. Bid Submittal This Bid is submitted on Thursday,December 04,2014 by the entity named below. Respectfully submitted, Receipt is acknowledged of Initial the following Addenda: /J Addendum No. 1: �. G/ (Signature) Addendum No.2: Addendum No.3: James G Humphrey Addendum No.4: (Printed Name) Title: Sr Vice President Company: JLB Contracting,LLC Corporate Seal: Address: PO Box 24131 Fort Worth,Texas 76124 State of Incorporation: Texas Email: Phone: 817-261-2991 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Bid Proposal Workbook Addendum 1 00 42 43 BID PROPOSAL Page I of 2 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Item Description Specification Unit of Bid Quantity Unit Price Bid Value Section No. Measure 1 3305.0108 Miscellaneous Adjustments(Utilities) 00 05 08 LS 1 $6,000.00 $6,000.00 2 0241.1300 Remove Concrete Curb&Gutter 0241 15 LF 16654 $5.60 $93,262.40 3 3216.0102 7"Concrete Curb&18"Gutter 32 16 13 LF 16754 $20.80 $348,483.20 4 0241.0401 Remove Concrete Driveway 0241 13 SF 16223 $2.55 $41,368.65 5 3213.0401 6"Concrete Driveway 32 13 20 SF 16323 $4.50 $73,453.50 7 0241.0100 Remove Sidewalk 0241 13 SF 3912 $2.25 $8,802.00 8 3213.0301 4"Concrete Sidewalk 32 13 20 SF 4012 $3.65 $14,643.80 9 3213.0351 4"Concrete Sidewalk,Exposed Aggregate 321320 SF 20 $11.25 $225.00 11 0241.1400 Remove Concrete Valley Gutter 0241 15 SY 324 $31.50 $10,206.00 12 3216.0301 6"Concrete Valley Gutter 321613 SY 359 $65.22 $23,413.98 13 0241.1508 2"pavement Surface Milling 0241 15 SY 42030 $1.85 $77,755.50 14 0241.1700 8"Pavement Pulverization 0241 15 SY 24638 $4.01 $98,798.38 15 3212.0302 2"Asphaft Pavement Type D 321216 SY 66568 $8.99 $598,446.32 16 3211.0800 Cement Modification,131bs/sy 321133 TN 160 $132.00 $21,120.00 17 9999.0000 Roadbond EN1 GA 192 $113.00 $21,696.00 18 3305.0112 Water Valve Box Adjustments(with Steel Riser) EA 19 $150.00 $2,850.00 19 3305.0112 Water Valve Box Adjustments(with Concrete Collar) 330517 EA 32 $265.00 $8,480.00 3349.0101 Manhole Adjustments(w/Steel Riser) 33 49 10 FA 13 $270.00 $3,510.00 20 3305.0112 Manhole Adjustments(with Concrete Collar) 33 05 17 FA 44 $470.00 $20,680.00 21 3305.0107 Miscellaneous Adjustments(Water Meter Box) 33 05 14 FA 39 $50.00 $1,950.00 22 3123.0101 Unclassified Street Excavation 31 23 16 CY 172 $28.00 $4,816.00 23 9999.0000 Curb Address Painting 32 17 25 FA 120 $19.00 $2,280.00 24 3292.0100 Block Sod Replacement 329213 SY 3650 $5.80 $21,170.00 25 0241.0300 Remove ADA Ramp 0241 13 FA 46 $225.00 $10,350.00 26 9999.0000 ADA Ramp FA 47 $900.00 $42,300.00 27 9999.0000 5'Curb Inlet Top FA 1 $2,025.00 $2,025.00 28 9999.0000 10'Curb Inlet Top FA 3 $2,585.00 $7,755.00 29 3217.0002 4"Solid Yellow Thermoplastic(HAS)Center Lines 321723 LF 100 $1.30 $130.00 30 3217.0301 12"Solid Pavement Markings(Cross-walk,White) 321723 LF 75 $8.15 $611.25 31 3217.0305 Stop Bars Pavement Markings 321723 LF 75 $16.00 $1,200.00 32 9999.0096 Paving Construction Allowance FA 1 $95,000.00, $95,000.00 33 3212.0900 Crack Sealing of Existing Pavement 1321273 1GA 142 $30.351 $4,309.70 Bid Summary Base Bid Total Base Bid Alternate Bid Total Alternate Bid Deductive Alternate Bid Total Deductive ANereate Bid Additive Alternate Bid Total Additive Alternate Bid Total Bid $1,667,091.68 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 Bid Proposal Workbook Addendum I 004243 BID PROPOSAL Page 2 of 2 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Infortnation Biddees Proposal l Section Spe NNo.. Measure Specification Unit Bid Quantity Unit Price Bid Value Measure CT1Y OF FORT WORTH STANDARD CONSTRUCTION SPECInCATION DOCUMENTS Form Revised 20120120 Bid Propend Workbook Addendum I 004337 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas)bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications.The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. P1 BIDDER: JLB Contracting, LLC By: James G Humphrey PO Box 24131 /3 (Signature) Fort Worth,Texas 76124 Title: Sr Vice President Date: /2-�� END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20110627 Bid Proposal Workbook Addendurn 1 00 45 12 BID FORM Page 1 of 1 SECTION 00 4512 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. k Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date HMAC Street Reconstruction Heavy Maintenance and all JLB Contracting, LLC Jan-15 items directly associated with the paving. 0 0 0 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: JLB Contracting, LLC By: James G Humphrey PO Box 24131 - (Signature) Fort Worth, Texas 76124 Title: Sr Vice President Date: /-2- END -ZEND OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 Bid Proposal Workbook Addendum 1 00 45 26-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 4 Pursuant to Texas Labor Code Section 406.096(a),as amended,Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. 01820. Contractor further certifies that,pursuant to Texas Labor Code, Section 7 406.096(b),as amended, it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 9 10 CONTRACTOR: 11 12 7 6� By: S /`!/!l! ,0W 13 Mmpany (Please Print) 14 �D,P / 15 a l� Signature: 16 Address � 17 r� 18 T 1 ,1J.�� 7G/Z� Title: cSje 1,i4'0 19 City/State/Zip (Please Print) 20 21 22 THE STATE OF TEXAS § 23 24 COUNTY OF TARRANT § 25 26 B FORE ME, un rsigned authority,on this day personally appeared 27 t_ ,known to me to be the person whose name is 28 1bscribed to the fo of nland t,an acknow ed to me that he/she executed the same as 29 the act and deed o for the purposes and 30 consideration ther expressed in the acity therein stated. 31 32 GIVEN MY HAND AND SEAL OF OFFICE this 30L./y day of 33 /� 20, i 34 35 36 ��'�`"rP°��% LINDA OLIPHANT / .�: 37 - Notary Public,State of Texas ', ,•,= My Commission Expires otat Public in and or the State of Texas 38 Morch 10, 2017 39 END OF SECTION 40 7 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 1 Revised July 1,2011 000515-1 ADDENDA Page 1 of I l 2 SECTION 00 05 15 3 ADDENDA No.1 4 5 6 7 The contract and documents for this project are hereby revised or amended to clarify the 8 following: 9 10 11 Section 00 42 43—Proposal Form: 12 13 Bidlist Item No.33—Crack Sealing of Existing Pavement: was inadvertently omitted; 14 therefore,please see updated Proposal Form(Section 00 42 43). 15 16 17 Please acknowledge receipt of this addendum by signing and inserting into your proposal, 18 at the time of bidding. Failure to return a signed copy of this addendum may be grounds 19 for rendering this bid as nonresponsive. 20 21 22 Receipt Acknowledges: 23 24 25 By: is By: �---- 26 27 28 END OF SECTION CITY OF FORT WORTH HMAC STREET REHABILITATION(2015-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02423 Revised July 1.2011 F - FoR_ RTH REQUEST FOR M/SBE CONTRACT GOAL Check type of contract: O Construction CMAR Construction Management Design/Build Professional = C/S/P Other, please explain DEPT. Name: T'a"`t1Dd"D"&Publtcwortte First Advertise Date: 10/30/14 Date to MWBE Office: 10/24/14 Iv IS THIS CONTRACT ASSOCIATED WITH TRV?Yes❑No 0 OR WITH SH-121TR Yes❑No Q Dollar value of TRV contract portion $_ SH-121 TR contract portion$ j M IS THIS A FEDERALLY FUNDED CONTRACT? Yes❑No[Z] IS THIS A CIP CONTRACT? Yes[]No[ IS THIS A BOND FUNDED CONTRACT? Yes[I No❑✓ If yes,what year 0 Constructlort: IS THIS A LUMP SUM CONTRACT? Yes[]NoEl BID DATE Professional: IS THIS A FIXED FEE NOT-TO-EXCEED CONTRACT?Yes Nom IS THIS A HOURLY NOT-TO-EXCEED CONTRACT? Yes Nom IS THIS A COMBINED PROJECT? Yes❑No Q✓ IS THIS A REVISION? Yes❑No❑✓ If yes,enter the revision numbera IS THIS A CHANGE ORDER?Yes❑NoW] Enter# Contractor: IS THIS AN AMENDMENT?YesO No❑✓ Enter# EDesign Firm: If this is not the Initial change orderfamondment,submit copies of all previous change orderlamendments regardless of whether a M&C was required for funding. CONTRACT DESCRIPTION (Including Street Names): (HMAC 2015-1)Street Rehabilitation Check applicable boxes: Concrete Paving El Asphalt Paving El Drainage Water LJ Sewer ❑Other Alternates Capital Project# DOE/Other Project# 02423 TOTAL CONTRACT ESTIMATE: $ 1,866,362.70 (Please ATTACH individual sub-totals for contracts with multiple units/sections Including contingency. If the documentation Is not clear and concise,It will be returned to the department.) Kristian Sugrim Kristian SUglim - EXT. 8902 Project Manager Project Manager Signature DATE: 10/24/14 Name of Design Firm Check here to acknowledge that If pay Item quantities are added to the proposal section after an WSBE goal has been provided by the MMBE Office,the revised proposal must be submitted to the M/WBE Office for review. A compliance review will not be performed If additional pay Items or quantities,which will potentially Impact the MIS/DBE goal,are added to the proposal section after the issuance of a MISBE goal. THIS PORTION TO BE COMPLETED BY M/WBE OFFICE Prof.SBE Goal Const. MBE Goal Const.SBE Goal M/SBE PROJECT GOAL: I EA I 1 b % % if the goal ptovMed by the only authorized entity,the MWBE Office stall Is modified In any way,the submlaelon of the follow-up comp ante umentation will be m*and void. Comments: J M/WBE CCS: VALITJ EXT: � DATE: Rev. 07/24/12 �I 005243-1 Agreement Page l of 4 1 SECTION 00 52 43 2 AGREEMENT 3 4 THIS AGREEMENT, authorized on MARCH 17, 2015 is made by and between the City of 5 Forth Worth, a Texas home rule municipality, acting by and through its duly authorized City 6 Manager, ("City"), and JLB CONTRACTING, LLC., authorized to do business in Texas, 7 acting by and through its duly authorized representative, ("Contractor"). 8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: IP 10 Article 1.WORK 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. " 13 Article 2.PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 HMAC STREET REHABILITATION(2015-1), 17 02423 18 Article 3. CONTRACT TIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 210 calendar days after the date 24 when the Contract Time commences to run as provided in Paragraph 2.03 of the General 25 Conditions. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that City will 28 suffer financial loss if the Work is not completed within the times specified in Paragraph 29 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 30 General Conditions. The Contractor also recognizes the delays, expense and difficulties 31 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 32 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 33 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay • 34 City Six Hundred and Fifty Dollars ($650.00) for each day that expires after the time 35 specified in Paragraph 3.' for Final Acceptance until the City issues the Final Letter of 36 Acceptance. MICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH HMAC STREET REHABILITATION(2015-I) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02423 Revised August 17,2012 005243-2 Agreement Page 2 of 4 37 Article 4. CONTRACT PRICE 38 City agrees to pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds of ONE 1VIILLION SIX HUNDRED SIXTY SEVEN 40 THOUSAND NINTY ONE DOLLARS AND SIXTY EIGHT CENTS ($1,667,091.68). 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 A. The Contract Documents which comprise the entire agreement between City and 44 Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 2. Attachments to this Agreement: 47 a. Bid Form 48 1) Proposal Form 49 2) Vendor Compliance to State Law Non-Resident Bidder 50 3) Prequalification Statement 51 4) State and Federal documents(project specific) 52 b. Current Prevailing Wage Rate Table 53 c. Insurance ACORD Form(s) R• 54 d. Payment Bond 55 e. Performance Bond 56 f. Maintenance Bond 57 g. Power of Attorney for the Bonds 58 h. Worker's Compensation Affidavit 59 i. MBE and/or SBE Commitment Form 60 3. General Conditions. 61 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project's Contract Documents. 65 6. Drawings. 66 7. Addenda. 67 8. Documentation submitted by Contractor prior to Notice of Award. 68 9. The following which may be delivered or issued after the Effective Date of the 69 Agreement and, if issued, become an incorporated part of the Contract Documents: 70 a. Notice to Proceed. 71 b. Field Orders. 72 c. Change Orders. 73 d. Letter of Final Acceptance. 74 75 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH HMAC STREET REHABILITATION(2015-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02423 Revised August I7,2012 005243-3 Agreement Pate 3 of 4 76 Article 6. INDEMNIFICATION 77 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 78 expense, the city, its officers, servants and employees, from and against any and all 79 claims arising out of, or alleged to arise out of, the work and services to be performed 80 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 81 under this contract. This indemnification provision is specificaliv intended to operate 82 and be effective even if it is alleged or proven that all or some of the damages being 83 sought were caused, in whole or in part, by any act, omission or negligence of the city. 84 This indemnity provision is intended to include, without limitation, indemnity for 85 costs,expenses and legal fees incurred by the city in defending against such claims and 86 causes of actions. 87 88 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 89 the city,its officers,servants and employees,from and against any and all loss,damage 90 or destruction of property of the city,arising out of,or alleged to arise out of,the work 91 and services to be performed by the contractor, its officers, agents, employees, 92 subcontractors, licensees or invitees under this contract. This indemnification 93 provision is specifically intended to operate and be effective even if it is alleged or 94 proven that all or some of the damages being sought were caused, in whole or in part, 95 by any act,omission or negligence of the city. 96 97 Article 7. MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 100 have the meanings indicated in the General Conditions. 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the City. 104 7.3 Successors and Assigns. 105 City and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 111 remaining provisions shall continue to be valid and binding upon CITY and 112 CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas, Fort Worth Division. OFFICIAL RECORD CITY SECRETARY CITY OF FORT WORTH HM,4 STTi�il3f�iA�ii,iT4T,iLJN 2015-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ��lI��RR��1177f ��/1e� 02423 Revised August 17,2012 005243-4 Agreement Page 4 of 4 117 7.6 Other Provisions. 118 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 119 classified, promulgated and set out by the City, a copy of which is attached hereto and 120 made a part hereof the same as if it were copied verbatim herein. 121 7.7 Authority to Sign. 122 Contractor shall attach evidence of authority to sign Agreement, if other than duly 123 authorized signatory of the Contractor. 124 125 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 126 counterparts. 127 128 This Agreement is effective as of the last date signed by the Parties("Effective Date"). I29 Contra tor: / A City of Fort WorthY,6 //W / Jiy- Fernando Costa By: rd Assistant City Manager (Signature) Date /S Attest: `C��R T (Printed Name) City S cre ary (Seal) Title: j� tile �- ° -a sx Address: AD&OX -ol//r3/ M&C 00000000 Date: 3- I�.-/�' TEX P►w City/State/Zip: Approved as to Form and Legality: Date Douglas W. Black Assistant City Attorney 4 130 oo1111111111,0 131 ��,G�iNQ, 44 132 �� �' ''•• C �� A OVAL RECOMMENDED: 133 � �f.{ �' 134 135 1 VO /� �Y W Douglas W Wiersig,P.E. 136 n� ► /►� DIRECTO 137 °••.• ,�'��� Transportation &Public Works 138 ���1111111111�, OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX CITY OF FORT WORTH ILITATION(2015-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02423 Revised August 17,2012 0061 13-t PERFORMANCE BOND Page 1 of 2 Bond No. 3184328 1 SECTION 00 61 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, JLB Contracting,LLC ,known as"Principal"herein and 8 Westfield Insurance Company ,a corporate surety(sureties, if more than one) 9 duly authorized to do business in the State of Texas, known as"Surety"herein(whether one or 10 more), are held and firmly bound unto the City of Fort Worth,a municipal corporation created 11 pursuant to the laws of Texas, known as"City"herein, in the penal sum of, One Million, Six 12 Hundred Sixty-Seven Thousand,Ninety-One Dollars& Sixt�Eight Cents($1,667,091.68) lawful 13 money of the United States,to be paid in Fort Worth,Tarrant County, Texas for the payment of 14 which sum well and truly to be made, we bind ourselves, our heirs, executors,administrators, 15 successors and assigns,jointly and severally, firmly by these presents. 16 WHEREAS, the Principal has entered into a certain written contract with the City 17 awarded the 17th day of March ,20 15 ,which Contract is hereby referred to 18 and made a part hereof for all purposes as if fully set forth herein,to furnish all materials, 19 equipment labor and other accessories defined by law, in the prosecution of the Work, including 20 any Change Orders, as provided for in said Contract designated as HMAC Street Rehabilitation 21 (2015-1),Cily Project No. 02423. 22 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 23 shall faithfully perform it obligations under the Contract and shall in all respects duly and 24 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 25 specifications, and contract documents therein referred to, and as well during any period of 26 extension of the Contract that may be granted on the part of the City, then this obligation shall be 27 and become null and void, otherwise to remain in full force and effect. 28 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 29 Tarrant County,Texas or the United States District Court for the, as,as,Fort 30 Worth Division. OFFICIAL RECORD CITY'RECRETARY Fl. WORTH, TX CITY OF FORT WORTH HMAC Street Rehabilitation(2015-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02423 Revised July 1,2011 0061 13-2 PERFORMANCE BOND Page 2 of 2 Bond No. 3184328 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended,and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 25d' day ofMarch , 20 15 . 6 PRINCIPAL: 7 JLB CONTRACTING,LLC 8 10 BYE` 11 ignature 12 ATTEST: 13 14 r 15 ( rinci al)Secretary Name and Title 16 17 Address: P.O. Box 24131 18 Fort Worth,Texas 76124 19 20 L. 21 Wi e s as to Principal 22 SURETY: 23 VvrESTFIELD.INSURANCE COMPANY 24 25 26 BY: 27 igna r 28 29 Kyle W. Sweeney,Attornev-in-Fact 30 Name and Title 31 32 Address: 555 Republic Drive, Suite 450 33 Plano,Texas 75074 34 35 36 Witness o Surety Elizabeth Gray Telephone Number: 972-516-2600 37 38 39 40 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 41 from the by-laws showing that this person has authority to sign such obligation. If 42 Surety's physical address is different from its mailing address, both must be provided. 43 The date of the bond shall not be prior to the date the Contract is awarded. OFFICIAL RECORD CITY SECRETARY FT. WORTH9 TX CITY OF FORT WORTH HMAC Street Rehabilitation(2015-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02423 Revised July I,2011 0061 14-1 PAYMENT BOND Page 1 of 2 Bond No. 3184328 1 SECTION 00 61 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, JLB Contracting,LLC known as "Principal' herein, 8 and Westfield Insurance Company , a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal I l corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of One Million, Six Hundred Sixty-Seven Thousand, Ninety-One Dollars & Sixty- 13 Eight Cents($1,667,091.68), lawful money of the United States, to be paid in Fort Worth, Tarrant 14 County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our 15 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 16 presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded 18 the 17" day of March , 20 15 , which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 20 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 21 said Contract and designated as HMAC Street Rehabilitation(2015-1), City Project No. 02423. 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. OFFICIAL RECORD 30 CITY SECRETARY FT. WnRTH, TX CITY OF FORT WORTH HMAC Street Rehabilitation(2015-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02423 Revised July 1,2011 0061 14-2 PAYMENTBOND Page 2 of 2 Bond No. 3184328 1 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 25`h day of March '2015. 3 PRINCIPAL: JLB CONTRACTING, LLC ATTEST: BY: SigYature r AA ` (Princ' 1) S cretary Name and Title Address: P.O. Box 24131 Fort Worth,Texas 76124 *itnto Principal SURETY: WESTFIELD INSURANCE COMPANY ATTEST: BY: Si Kyle W. Sweeney,Attorney-in-Fact (Surety) Secretary Name and Title Address: 555 Republic Drive, Suite 450 Plano,Texas 75074 Witness to Surety Elizabet ray Telephone Number: 972-516-2600 4 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 6 bylaws showing that this person has authority to sign such obligation. If Surety's physical 7 address is different from its mailing address, both must be provided. 8 9 The date of the bond shall not be prior to the date the Contract is awarded. OFFICIAL RECORD CITY SECRETARY 10 END OF SECTION FT VHOR,TH TX 11 CITY OF FORT WORTH HMAC Street Rehabilitation(2015-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02423 Revised July 1,2011 0061 19-1 MAINTENANCE BOND Page 1 of 3 Bond No. 3184328 1 SECTION 00 61 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we JLB Contracting,LLC , known as"Principal"herein and 9 Westfield Insurance Company ,a corporate surety(sureties, if more than one) 10 duly authorized to do business in the State of Texas, known as"Surety"herein(whether one or 11 more),are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of the State of Texas, known as"City"herein, in the sum of One Million, Six 13 Hundred Sixty-Seven Thousand,Ninety-One Dollars& Sixty-Eight Cents($1,667,091.68) lawful 14 money of the United States, to be paid in Fort Worth,Tarrant County, Texas, for payment of 15 which sum well and truly be made unto the City and its successors, we bind ourselves, our heirs, 16 executors, administrators, successors and assigns,jointly and severally, firmly by these presents. 17 18 WHEREAS,the Principal has entered into a certain written contract with the City awarded 19 the If day of March ,20 15 , which Contract is hereby referred to and a 20 made part hereof for all purposes as if fully set forth herein,to furnish all materials, equipment 21 labor and other accessories as defined by law, in the prosecution of the Work, including any 22 Work resulting from a duly authorized Change Order(collectively herein,the"Work")as 23 provided for in said contract and designated as HMAC Street Rehabilitation(2015-1), City 24 Project No. 02423; and 25 26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two(2)years 29 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and 30 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need thereof at any time within the Maintenance 33 Period. OFFICIAL RECORD 34 CITY SECRETARY FT. WORTH. TX CITY OF FORT WORTH HMAC S reet Rehabilitation(2015-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02423 Revised July 1,2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 Bond No. 3184328 1 NOW THEREFORE,the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City, to a completion 3 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond; and 10 11 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 12 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 13 Worth Division; and 14 15 PROVIDED FURTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX CITY OF FORT WORTH HMAC Street Rehabilitation(2015-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02423 Revised July 1,2011 0061 19-3 MAINTENANCE BOND Page 3 of 3 Bond No. 3184328 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 251' day of March , 2015. 3 4 PRINCIPAL: 5 JLB CONTRACTING,LLC 6 7 8 BY: 9 4fgnature 10 ATT ST: 11 12 ,, �m�� l9,d" � �E Un ' 13 rine al)Secretary Name and Title 14 15 Address: P.O. Box 24131 16 Fort Worth,Texas 76124 17 18 19 W' n s as to Principal 20 SURETY: 21 WESTFIELD A4SURANCE COMPANY 22 23 24 BY: 25 lgnatur 26 27 Kyle W. Sweeney,Attome -i -Fact 28 ATTEST: Name and Title 29 30 Address: 555 Republic Drive, Suite 450 31 (Surety)Secretary Plano,Texas 75074 32 33 34 Witness a0b Surety Elizabeth Gray Telephone Number: 972-516-2600 35 36 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 37 from the by-laws showing that this person has authority to sign such obligation. If 38 Surety's physical address is different from its mailing address, both must be provided. 39 The date of the bond shall not be prior to the date the Contract is ay a,ded. OFFICIAL RECORD 4o CITY SECRETARY FT.WIORTH9 TX CITY OF FORT WORTH HMAC Street Rehabilitation(2015-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02423 Revised July 1,2011 IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call Westfield Insurance Company's and/or Ohio Farmers Insurance Company's Usted puede Ilamar al numero de telefono gratis de toll-free telephone number for information or to Westfield Insurance Company's/Ohio Farmers make a complaint at: Insurance Company's para informacion o para someter una queja al: 1-800-368-3597 1-800-368-3597 You may also write to Westfield Insurance Company and/or Ohio Farmers Insurance Usted tambien puede escribir a Westfield Insurance Company at: Company/Ohio Farmers Insurance Company: 555 Republic Drive, Suite 450 555 Republic Drive, Suite 450 Plano, Texas 75074-8848 Plano, Texas 75074-8848 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on Seguros de Texas para obtener informacion acerca companies, coverages, rights or complaints de companias, coberturas, derechos o quejas al: at: 1-800-252-3439 1-800-252-3439 Puede escribir al Departamento de Seguros de You may write the Texas Department of Texas: Insurance: P. O. Box 149104 P. O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax: (512) 475-1771 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(a-)tdi.state.tx.us E-mail: ConsumerProtection(a)-tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: PREMIUM OR CLAIM DISPUTES: Si tiene una disputa concerniente a su prima o a un Should you have a dispute concerning your reclamo, debe comunicarse con el agente o premium or about a claim you should Westfield Insurance Company/Ohio Farmers contact the agent or Westfield Insurance Insurance Company primero. Si no se resuelve la Company and/or Ohio Farmers Insurance disputa, puede entonces comunicarse con el Comapny first. If the dispute is not resolved, departamento (TDI). you may contact the Texas Department of Insurance. UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se ATTACH THIS NOTICE TO YOUR convierte en parte o condicion del documento POLICY: This notice is for information only adjunto. and does not become a part or condition of the attached document. OFFICIAL REC0k D CITY�ECIRE �RY FT. WnRTH2 TX THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER#AND ISSUED PRIOR TO 04/20/11, FOR ANY PERSON OR PERSONS NAMED BELOW. POWER NO. 4220052 06 General Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. cERTiFiEo COPY Ohio Farmers Insurance Co. Westfield Center, Ohio 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 CHARLES D.SWEENEY, MICHAEL A.SWEENEY, KYLE W.SWEENEY, ELIZABETH GRAY,JOINTLY OR SEVERALLY of FORT WORTH 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 all 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 GUARANTEE, 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 the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: '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 ad for and on behalf of the Company subject to the following provisions: The Attorney-ln-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 liability thereunder, and any such instruments so executed by any such Attorney-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,WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 20th day of APRIL A.D.,2011 . �.�• HII,IN .....».w» .............. Corporate Seals �-.VRAk'".,,,� . ,.•P�`nR k/tis, " 1*SiJ `4� WESTFIELD INSURANCE COMPANY arexed��.�' '"' '`�Fn o •G�= _�� .•.� c� OHIO FARMERSWESTFIELD NATIONAL N URANCE CCOMPCOMPANY .N' �Lat`91a -F-: SE . 5 cot :fid':1848 State of Ohio "" '"'•••••••"' Richard L. Kinnaird, Jr., National Surety Leader and ' County of Medina ss.: Senior Executive On this 20th day of APRIL A.D.,2011 , before me personally came Richard L. Kinnaird, Jr. to me known,who, being by me duly sworn,did depose and say, that he resides-in Medina, Ohio;that he is 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 Seal r�t L Sam • Affixed '���llllfj t`•`-L a State of Ohio William J. Kahelin,A rney at Law, Notary Public N o My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code) County of Medina ss.: • •4• OF O't 1,Frank A..Carrino,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, 1 have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 25tt'day of March..-up';;�^ 2015, `� RAII f� %ONAJ ,ICY 4y4 � r; :RECORD 4 Nr SEAL B N SEAL ' �s �° c ;•:�,� �JJTX ,• •_o, ; 1848 4•'�ga= Frank A. Carrino, SecretOFTI H BPOAC2 (combined) (06-02) DATE A� CERTIFICATE OF LIABILITY INSURANCE 3/25/201) A THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsoment(s). PRODUCER CONTACT Tamm Pearce NAME: y The Sweeney Company PHOC.NE (817)457-6700 A/C No:(817)457-7246 1121 E. Loop 820 South E-MAIL P O Box 8720 INSURERS AFFORDING COVERAGE NAIC 9 Fort Worth TX 76124-0720 INSURERABITCO National Insurance Co. INSURED INSURER B:BITCO General Insurance Co. JLB Contracting, LLC iNSURERC:Great American Ins Co P O BOX 24131 INSURER D: INSURER E: Fort Worth TX 76124 INSURER F COVERAGES CERTIFICATE NUMBER�ENL 14/15 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IEXP LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF MM/DCDrn YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 100,000 A I CLAIMS-MADE OCCUR LP 3 610614 9/30/2014 9/30/2015 MED EXP(Any one person) $ 5,000 X CONTRACTUAL PERSONAL&ADV INJURY $ 1,000,000 X XCU GENERAL AGGREGATE E 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 2,000,000 POLICY X PROi F LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT— (Ea accident 1,000,000 -B X ANY Ar ITP BODILY INJURY(Per person) $ ALL OWNED SCHEDULED CAP 3 610613 9/30/2014 9/30/2015 AUTOS AUTOS BODILY INJURY(Per accident) S HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident Underinsured motorist $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 C EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED X RETENTIONS 10,00 0016409 OS 9/30/2014 9/30/2015 $ B WORKERS COMPENSATION X INC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS I I — ANYPROPRIETOR/PARTNERfFXECUTIVE YIN E.L.EACH ACCIDENT $ 1,000,000 ° OFFICER/MEMBER EXCLUDED? N A (Mandatory in NH) C 3 610612 9/30/2014 9/30/2015 E.L.DISEASE-EA EMPLOYE $ 1,000,000 ' If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1 000 000 A "WORKSITE POLLUTION" LP 3 610614 /30/2014 9/30/2015 $1,000,000 $5,000 DED PD DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES (Attach ACORD 101,Addltlonal Remarks Schedule,if more space is required) HMAC STREET REHABILITATION (2015-1) , CITY PROJ NO. 02423. ALL POLICIES INCLUDE A BLANKET AUTOMATIC WAIVER OF SUBROGATION ENDORSEMENT & THE GL, AUTO & UMB POLICIES INCLUDE A BLANKET AUTOMATIC ADDITIONAL INSURED ENDORSEMENT PROVIDING ADDITIONAL INSURED & WAIVER OF SUBROGATION STATUS TO THE CERTIFICATE HOLDER WHEN THERE IS A WRITTEN CONTRACT BETWEEN THE NAMED INSURED & THE CERTIFICATE HOLDER THAT REQUIRES SUCH STATUS. THE GL ADDITIONAL INSURED ENDORSEMENT CONTAINS SPECIAL PRIMARY & NONCONTRIBUTORY WORDING. THE POLICIES INCLUDE AN ENDORSEMENT PROVIDING 30 DAYS NOTICE OF CANCELLATION (10 DAYS FOR NON-PAYMENT OF PREMIUM) TO THE CERTIFICATE HOLDER. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF FORT WOR7H ACCORDANCE WITH THE POLICY PROVISIONS. 1000 THROCKHORTONORFICIAL RECORD FT WORTH, TX 76 06ITY SECRETARY AUTHORIZED REPRESENTATIVE FT.WORTH,TX Charles Sweeney/TAMMY ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025rontM5lnt Tho Ar npn nnmc nnrt Innn nrn ranietcrcrt mnrlre of Ar npn STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT �M CITY OF FORT WORTH rp STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Auger 17,2012 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology..........................................................................................................1 1.01 Defined Terms...............................................................................................................................l 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3—Contract Documents: Intent,Amending, Reuse............................................................................8 3.01 Intent....................................................................................................................................... 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................l I Article 4—Availability of Lands; Subsurface and Physical Conditions;Hazardous Environmental Conditions; Reference Points...........................................................................................................11 g 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions..........................................................................................12 4.03 Differing Subsurface or Physical Conditions............... .................12 ............................................. 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article 5—Bonds and Insurance.....................................................................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance,Payment, and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance....................................................................................... 5.04 Contractor's Insurance........................... .............................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6—Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:AugLa 17,2012 6.02 Labor; Working Hours................................................................................................................20 6.03 Services,Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and "Or-Equals".......................................................................................................21 6.06 Concerning Subcontractors, Suppliers, and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes...........................................................................................................................................28 6.12 Use of Site and Other Areas.......................................................................................................28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection..................................................................................................................29 6.15 Safety Representative..................................................................................................................30 6.16 Hazard Communication Programs .............................................................................................30 6.17 Emergencies and/or Rectification................ .............30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification.........................................................................................................................33 6.22 Delegation of Professional Design Services..............................................................................34 6.23 Right to Audit........ .................................................. ... ............................................34 6.24 Nondiscrimination.................... ....... ...... . ........ ....... ....................... . ...... ................. .........35 Article 7-Other Work at the Site...................................................................................................................35 7.01 Related Work at Site. ..35 7.02 Coordination................................................................................................................................36 Article8-City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due............................................................................................................................36 8.04 Lands and Easements; Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections,Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project Representative .....................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Auga 17,2012 Article 10-Changes in the Work; Claims; Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work......................................................... ....................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work; Allowances;Unit Price Work; Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 E Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price.................................. .........................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13-Tests and Inspections;Correction,Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments.................................................... . ..............................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection................................................ ..........................................................................55 14.06 Final Acceptance............................................................... ... .....................................................55 _ 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release ........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article 15 -Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work...-.......................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 t 15.03 City May Terminate For Convenience.......................................................................................60 Article16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS r Revision:Au@Ljst 17,2012 F Article17—Miscellaneous..............................................................................................................................62 17.01 Giving Notice..............................................................................................................................62 17.02 Computation of Times................................................................................................................62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings......................................................................................................................................63 r BW r r r r r IE P, MY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 r 00 72 00-1 General Conditions Page I of 63 ARTICLE 1 DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct,or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award–Authorization by the City Council for the City to enter into an Agreement. 6. Bic--The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. _ 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents " (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid '~ security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day– A business day is defined as a day that the City conducts normal business, generally Monday through Friday,except for federal or state holidays observed by the City. 11. Buzzsaw–City's on-line,electronic document management and collaboration system. _ 12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. ClTY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS _ Revision:August 17,2012 007200-1 General Conditions Page 2 of 63 13. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City— The City of Fort Worth, Texas, a home-rale municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney–The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager – The officially appointed and authorized City Manager of the City of Fort Worth, Texas,or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 20. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii)complete the Work so that it is ready for Final Acceptance. 23. Contractor—The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. CITY OF PORT WORTH STANDARD CONSTRUCTION SPECTFCATION DOCUMENTS Revision:Atgust i7,2012 007200-1 General Conditions Page 3 of 63 25. Damage Claims— A demand for money or services arising from the Project or Site from a E third party,City or Contractor exclusive of a Contract Claim. 26. Day or day—A day,unless otherwise defined,shall mean a Calendar Day. 27. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth,Texas,or his duly appointed representative, assistant, or agents. 28. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth,Texas,or his duly appointed representative,assistant,or agents. 29. Director of Planning and Development— The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative,assistant, or agents. 30. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. Director of Water Department—The officially appointed Director of the Water Department of the City of Fort Worth,Texas,or his duly appointed representative,assistant,or agents. 32. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36. Field Order—A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price,Contract Time, or the intent of the Engineer. 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August I7,2012 007200-1 General Conditions Page 4 of 63 38. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements—Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item–An Item of work included in the Contract Documents that has a total cost equal to or greater than 5%of the original Contract Price or$25,000 whichever is less. 45. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award-The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47.Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs—Polychlorinated biphenyls. 49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50. Plans–See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECEFCATION DOCUMENTS Revision:August 17,2012 007200-1 General Conditions Page 5 of 63 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. ., 52. Project—The Work to be performed under the Contract Documents. 53. Project Representative—The authorized representative of the City who will be assigned to the Site. 54. Public Meeting – An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.)as amended from time to time. 56. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday -■ thru Friday(excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site---Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 007200-1 GenerW Conditions Page 6 of 63 63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent— The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water,wastewater, storm water,other liquids or chemicals,or traffic or other control systems. 69. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours— Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of perfonning or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. C 72. Working Day—A working day is defined as a day,not including Saturdays, Sundays,or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m.and 6 p.m. 1.02 Terminology t A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 wrcw-, __9 General Conditions Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or — adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory,faulty,or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or ~" c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or _ the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Copies of Documents ti City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time;Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 007200-i General Conditions Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDA )CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Augakl,MVI General Conditions Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws,and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors,consultants, agents, or employees, from those set forth in the Contract Documents. No such provision,or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies • A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or(c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CU Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:ALW917,2012 007200-1 General Conditions Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier(whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govem over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized,by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C);or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications,other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 007200-1 General Conditions Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. UnJess otherwise stated in the Supplementary Conditions,the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies,the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. I. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed,adjusted,and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 0072W-1 General Conditions Page 12 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors,members,partners,employees,agents,consultants,or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings;or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations,opinions,or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents;or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH A� STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS I Revision:August 17,2012 007200-1 General Conditions Page 13 of 63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A),notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract;or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities i A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such m information or data provided by others;and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City,during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with i reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 007200-1 General Conditions Page 14 of 63 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors,members,partners, employees, agents,consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CnY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Aum 17,2012 007200-1 General Conditions Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto;or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations,opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers,or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered •. written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. _ G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCI70N SPECIFCATION DOCUMENTS �. Revision:August 17,2012 007200-1 General Conditions Page 16 of 63 ARTICLE 5—BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as"Additional Insured"on all liability policies. CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECiFCATION DOCUMENTS Revision:Augg 17,2012 007200-1 General Conditions Page 17 of 63 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement,which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M.Best Property&Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the"occurrence basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall m. be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such = insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance ^` coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 007200-1 General Conditions Page 18 of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups,must also be approved by City. 11. Any deductible in excess of$5,000.00, for any policy that does not provide coverage on a first-dollar basis,must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH P" STANDARD CONSTRUCTION SPECffCATION DOCUMENTS Revision:Augur 17,2012 007200-1 General Conditions Page 19 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). ... C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured.There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance - required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods,techniques, sequences, and procedures of construction. Cn'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFCA71ON DOCUMENTS Revision:Ampa 17,2012 007200-1 General Conditions Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication)to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor,transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing,start-up,and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests)as to the source, kind, and quality of materials and equipment. CrN OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012