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Contract 46586
T 11r1COrIrPa C=Mw" =MMw"i""M00.. L FORT WORTH CITY SECRETAW CONTRACTNO. �,. ..,.1....w..� i L PROJECT MANUAL FOR 2014 CIP STREET RECONSTRUCTION - CONTRACT 3 At Various Locations 4 LCity Project No. 02438 L Betsy Price David Cooke LMayor City Manager LDouglas W. Wiersig, P.E. Director, Transportation and Public Works Department L Prepared by The City of Fort Worth LTRANSPORTATION AND PUBLIC WORKS 2014 � .°F.r �t,� ;.. AD 1;NUSR,�ILAt t..� OFFICIAL RECORD rrr � 8$823 r : CITY SECRETARY FT.WORTH,TXd� 41 RECEIVED APR 0 9 2015 IL ��---� JACKCON-02 TETAMENI .r-IaC0R0' CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYI')3r26r2o15 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: certificates willis.com Willis of Texas,Inc. PHONE 877 945 7378 FAX do 26 Century Blvd Arc.No.Etd:( ) IV.,No: (888)467-2378 E-MAIL P.O. Box 305191 ADDRESS: Nashville,TN 37230-5191 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Liberty Mutual Fire insurance Company 23035 INSURED INSURER B:Starr indemnity& Liability Company 138318 Jackson Construction,Ltd. INSURER C:Texas Mutual insurance Company 22945 JCI Partners,Inc. 5112 Sun Valley Drive INSURER D Fort Worth,TX 76119 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. 1L7R LIO TYPE OF INSURANCE POUCY NUMBER MMMIDD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,0()0,0() cI 41Ms MADE OCCUR X X �2-Z91-46000-024 10/0112014 10/0112015 PREMISES Ea ocwtrence s 300,00 MED EXP(Any one person) $ 5,00 PERSONAL 6 ADV INJURY S 1,00(),0() GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 POLICY JE 4 LOC PRODUCTS-COMP/OP AGG S 2,000,00 OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 Ea accident A X ANY AUTO X X S2-Z91-460041-014 10101!2014 10/01/2015 BODILY INJURY(Per penton) S ALL OWNED AUTOS AUTOS BODILY INJURY(Per accident) S NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Pe acpdent S X UMBRELLA LJAB X I OCCUR EACH OCCURRENCE S 10,000,00 B EXCESS LIAB CLAIMS-MADE 1000021239 10/01/2014 10/01/2015 AGGREGATE Is 10,000,00 DED I I RETENTION S S WORKERS COMPENSATION X PER OTH, AND EMPLOYERS'LIABILJIY STATUTE ER C ANY PROPRIETOR/PARTNER/EXECUTIVE Y� N/A X F 0001161633 20141001 10/01/2014 10/01/2015 E.L EACH ACCIDENT $ 1,000,00 OFFICERAdEMBER EXCLUDED? (Mandatory in NH) E.L DISEASE-EA EMPLOYEE S 1,000,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 1M,Addrd nal Remarks Schedule,may be attached K more space is required) Re:City Project No.02420,2014 CIP Street Reconstruction Umbrella policy follows fomi. City of Fort Worth is included as an Additional Insured as respects to General Liability and Auto Liability. General Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional insured. Waiver of Subrogation applies in favor of City of Fort Worth with respects to General Liability,Auto Liability and Workers Compensation as permitted by law. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHOR®REPRESENTATIVE y City of Fort Worth 1000 Throckmorton Fort Worth TX 76102 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD M&C Review Page 1 of 2 +- Offidal site of the Qty of Fort Worth,Texas CITY COUNCIL AGENDA FoN COUNCIL ACTION: Approved on 3/3/2015 REFERENCE 202014 CIP STREET DATE: 3/3/2015 NO.: C-27214 LOG NAME: RECONSTRUCTION CONTRACT 3 CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of a Contract with Jackson Construction, Ltd., in the Amount of $5,052,042.50 for the Reconstruction of Approximately Eleven Lane Miles of Various Street Segments Within the City of Fort Worth and Provide for Contingencies and Construction Services for a Total Project Amount of$5,607,767.18 (2014 BOND PROGRAM) (COUNCIL DISTRICTS 2, 3, 5, 6 and 8) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Jackson Construction, Ltd., in the amount of$5,052,042.50 for Hot Mix Asphaltic Concrete Reconstruction on approximately eleven lane miles at multiple locations, as listed on the attachments. DISCUSSION: This project provides for the reconstruction of approximately 11 lane miles of certain City Street segments shown on the attachment, which were included in the 2014 Bond Program (City Project No. 02420). The project was advertised for bid in the Fort Worth Star-Telegram on November 13, 2014 and November 20, 2014. On December 11, 2014, the following bids were received: Bidder Amount Jackson Construction, Ltd. $5,052,042.50 JLB Contracting, LLC. 1 $5,302,798.45 Budget items beyond the contract amount include contingencies, construction management, survey, inspection and material testing in the amount of$555,724.68. This project is included in the 2014 Bond Program. Available resources within the General Fund will be used to provide interim financing for these expenses until debt is issued. Once debt associated with this project is sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official intent to reimburse what was adopted as part of the ordinance canvassing the bond election—Ordinance No. 21241-05-2014. M/WBE Office: Jackson Construction, Ltd., is in compliance with the City's BDE Ordinance by committing to 18 percent MBE participation and documenting good faith effort. Jackson Construction, Ltd., identified several subcontracting and supplier opportunities. However, the MBE's contacted in the areas identified did not submit the lowest bids. The City's MBE goal on this project is 27 percent. These street projects are located in COUNCIL DISTRICTS 2, 3, 5, 6, and 8, Mapsco 62J, 62P, 73Z, 74W, 77T, 77X, 78V, 79A, 79F, 79L, 79N, 87C, 87D, 89R, 89V, 89Y, 91T and 91 U. http://apps.cfwnet.org/council_packet/mc review.asp?II:)=20798&councildate=3/3/2015 3/11/2015 M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are included in the Fiscal Year 2015 Adopted Budget of the 2014 Bond Program, per Ordinance No. 21457-0902014 and funds are available in the General Fund to pay expenses which will be incurred on this contract until reimbursement can occur from issuance of public securities. Proposition 1 of the 2014 Bond Program authorized the City to spend up to$148,404,300.00 on Street Construction/Reconstruction/Rehabilitation related projects. To date$27,812,890.00 of these funds i have been appropriated for specific projects with life to date expenses of$2,003,351.97. TO Fund/Account/Centers FROM Fund/Account/Centers C210 541200 205240243883 $5.607.767.18 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Kristian Sugrim (8902) ATTACHMENTS 2014 CIP CONTRACT 3 MAP 1.pdf 2014 CIP CONTRACT 3 MAP 2.pdf 2014 CIP CONTRACT 3 MAP 3.pdf 2014 CIP CONTRACT 3 MAP 4.gdf 2014 CIP CONTRACT 3 MAP 5.2df 2014 CIP CONTRACT 3 MAP 6.pdf 2014 CIP Street Reconstruction-Contract 3 Project List.pdf i r http://apps.cfwnet.org/council_packet/mc review.asp?D.=20798&councildate=3/3/2015 3/11/2015 000000-1 TABLE OF CONTENTS Page 1 of 2 1 SECTION 0000 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 0041 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 17 00 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 11 00 Summary of Work 29 01 31 19 Preconstruction Meeting 30 01 3120 Project Meetings 31 01 32 16 Construction Progress Schedule 32 01 3233 Preconstruction Video 33 01 35 13 Special Project Procedures h 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 58 13 Temporary Project Signage 38 dY l0 00 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 Division 31 -Earthwork LCITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02438 Revised November 9,2011 L 000000-2 TABLE OF CONTENTS -- Page 2 of 2 1 3123 16 Unclassified Excavation 2 i 3 Division 32-Exterior Improvements 4 5 32 1133 Cement Treated Base Courses 6 32 12 16 Asphalt Paving 7 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 8 32 16 13 Concrete Curb and Gutters and Valley Gutters 9 32 1723 Pavement Markings 10 32 1725 Curb Address Painting 11 3291 19 Topsoil Placement and Finishing of Parkways 12 3292 13 Hydro-Mulching, Seeding,and Sodding 13 14 Division 33—Utilities 15 3305 13 Frame, Cover, and Grade Rings 16 3305 14 Adjusting Manholes, Inlets,Valve Boxes,and Other Structures to Grade 17 3305 17 Concrete Collars[To be completed in early 2012) 18 19 Division 34-Transportation 20 3471 13 Traffic Control 21 22 Technical Specifications listed below are included for this Project by reference and can be 23 viewed/downloaded from the City's Buzzsaw site at: 24 25 hips://projectpoint.buzzsaw.com/client/fortworthgov/Resources/02%20- 26 %20Construction%2ODocuments/Specifications 27 28 Division 99—Special Technical Specifications 29 9999.0096 Paving Construction Allowance 30 31 Appendix 32 GC-4.01 Availability of Lands 33 GC-4.02 Subsurface and Physical Conditions 34 GC4.04 Underground Facilities 35 GC-4.06 Hazardous Environmental Condition at Site 36 GC-6.07 Wage Rates 37 GC-6.09 Permits and Utilities 38 GC-6.24 Nondiscrimination 39 GR-01 60 00 Product Requirements 40 SP-01 Special Provisions 41 END OF SECTION CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02438 Revised November 9,2011 000510-1 MAYOR AND COUNCIL COMMUNICATION(M&C) Page 1 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 2014 CIP STREET RECONSTRUCTION-CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02438 Revised July 1,2011 000515-1 ADDENDA Page I of I 1 2 SECTION 00 05 15 3 ADDENDA 4 5 6 7 [Assembler: For Contract Document execution, remove this page and replace with any addenda 8 issued during bidding.] 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 END OF SECTION CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02438 Revised July 1,2011 001113-1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 0011 13 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Sealed bids for the 2014 CIP STREET RECONSTRUCTION—CONTRACT 3,02438,will be 6 received by 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 11, 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: 76640 S.Y. 3"HMAC Surface Course,Type D 49340 L.F. Remove and Replace Existing Concrete Curb&Gutter 76270 S.F. Remove and Replace Concrete Sidewalk 77040 S.F. Remove&Replace Concrete Driveway 76640 S.Y. 11"Pavement Pulverization 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.fortworth og v_orgjpurchasin]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 33 34 The cost of Bidding and Contract Documents is: $30.00 35 CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02438 Revised November 27,2012 001113-2 INVITATION TO BIDDERS y Page 2 of 2 1 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,December 2,2014 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, 2nd 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 INQLMUES 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 13, 2014 22 November 20, 2014 23 24 END OF SECTION CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02438 Revised November 27,2012 "` 0021 13-1 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. a 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. M 10 11 1.2.1. Bidder: Any person,firm,partnership,company,association,or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder: Any person,firm, partnership, company, association,or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided)makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations y 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 hgps://projecipoint.buzzsaw.com/fortworthg�ov/Resources/02%20- 41 %20Construction%2ODocuments/Contractor%2OPregualification/TPW%2OPaving 42 %20Contractor%2OPrequalification%2OProgLam/PREQUALIFICATION%20REO 43 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?12ublic 44 - 45 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at; 46 CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02438 Revised November 27,2012 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 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.2000d to 2000d-4 and Title 49,Code of Federal 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 2014 CIP STREET RECONSTRUCTION-CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02438 Revised November 27,2012 r 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 exclusiveiy 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 f4443 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 2014 CIP STREET RECONSTRUCTION-CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02438 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 11 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 2014 CIP STREET RECONSTRUCTION-CONTRACT 3 — STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02438 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 hns://projeMgint.buzzsaw.com/client/fortworthgov/Infrastructure%20Proiects/02438%20- 30 %202014%20CIP%20Street%20Reconstruction%20-%20Contract%203> 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 2014 CIP STREET RECONSTRUCTION-CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02438 Revised November 27,2012 0021 13-6 INSTRUCTIONS TO BIDDERS T 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 Y 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 2014 CIP STREET RECONSTRUCTION-CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02438 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. 4 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 2014 CIP STREET RECONSTRUCTION-CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02438 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 t 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 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 2014 CIP STREET RECONSTRUCTION-CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02438 Revised November 27,2012 0021 13-9 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 AI 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 2014 CIP STREET RECONSTRUCTION-CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02438 Revised November 27,2012 0035 13-1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 1 1 SECTION 00 35 13 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder, offeror, or respondent(hereinafter also referred to as"you")to a City of Fort Worth 5 (also referred to as "City") procurement are required to complete Conflict of Interest 6 Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure 7 Statement(the attached CIS Form)below pursuant to state law. This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work.The referenced forms may be downloaded from the website links provided below. 10 11 http://www.ethics.state.tx.us/foffns/CIO,2df 12 13 http://www.ethics.state.tx.us/forms/CIS.pdf 14 15 Q CIQ Form is on file with City Secretary 16 17 F--] CIQ Form is being provided to the City Secretary 18 19 Q CIS Form is on File with City Secretary 20 21 Q CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 27 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 2014 CIP STREET RECONSTRUCTION CONTRACT 3 ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 27,2012 02438 00 35 13 BID FORM Page 8 of 8 SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder,offeror,or respondent(hereinafter also referred to as"you")to a City of Fort Worth(also referred to as"City")procurement are required to complete Conflict of Interest Questionnaire(the attached CIO Form)and Local Government Officer Conflicts Disclosure Statement(the attached CIS Form) below pursuant to state law.This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work.The referenced forms may also be downloaded from the website links provided below. http://www.ethics.state.tx.us/forms/CIQ.pdf http://www.ethics,state.tx.us/forms/CIS pdf CIO Form is on file with City Secretary ❑ CIO Form is being provided to the City Secretary O CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: Jackson Construction, Ltd. By: Troy L.Jackson --�5112 Sun Valley Drive Signature: Fort Worth,Texas 76119 Title: Vice-President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 41 00_00 43 1300 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook.)ds 00 41 00 BID FORM Page 1 of 3 SECTION 00 4100 BID FORM TO: The City Manager clo:The Purchasing Department 1000 Throckmorton Street City of Fort Worth,Texas 76102 FOR: 2014 CIP STREET RECONSTRUCTION-CONTRACT 3 AT VARIOUS LOCATIONS City Project No.: 2438 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 41 00 00 4313 00 42 42l_00 43 3700 4512_00 35 13_8id Proposal Wmtsbook 00 41 00 BID FORM Pape 2 of 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. C. d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 290 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 41 00 b. Required Bid Bond,Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form,Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder,Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Prequalification Statement,Section 00 45 12 g. Conflict of Interest Affidavit,Section 00 35 13 *If necessary,CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below,please enter the total bid amount for this project.Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items<use this if applicable,otherwise delete> 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 $5,052,042.50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20120327 00 410000 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook.xls 004100 BID FORM Pape 3 of 8 7. Bid Submittal This Bid is submitted on 12/11/2014 by the entity named below. Respectfully submitted, Receipt is acknowledged of fi.i the followingAddenda: Ini..... By: :��� r� /�� �C�J Addendum No. 1: X ignature) Addendum No.2: Addendum No.3: Troy L.Jackson Addendum No.4: (Printed Name) Title: Vice-President Company: Jackson Construction,Ltd. Corporate Seal: Address: 5112 Sun Valley Drive Fort Worth,Texas 76119 State of Incorporation: TX Email: off ice,QjacksoIcon structon_net Phone: 817-572-3303 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20120327 00 41 00_00 43 1300 42 43_00 43 37 00 45 12_00 35 13 Bid Proposal Workbook.)ds 00 42 43 BID PROPOSAL Page 1 of 1 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application r. Project Item Information Bidder's Proposal Specification Unit Item Description Bid Quantity Unit Price Bid Value 1� Section No. Measure 1 3305.0108 Miscellaneous Adjustments(Utilities) 000508 LS 1 1A 000.00 _16 000.00 2 0241.1300 Remove Concrete Curb 8 Gutter 0241 15 LF 49340 $4.00 $197-,360.00 3 3216.0102 T'Concrete Curb 8 18"Gutter 32 16 13 LF 51500 $21.50 $1,107,250.00 4 0241.0401 Remove Concrete Driveway 02 41 13 SF 77033 _ $1.50 X15 549.50 5 3213.0401 6"Concrete Driveway 32 13 20 SF 80733 $6.50 $524,764.50 6 0241.0100 Remove Sidewalk 02 41 13 SF 76270 $1.00 $76270.00 7 3213.0301 4"Concrete Sidewalk 32 13 20 SF 127190 $4.65 $591,433.50 8 3232.0100 Concrete Retaining Wall with Sidewalk,Face 32 32 13 SF 200 $25.00 $5000.00 9 0241.1400 Remove Concrete Valley Gutter 0241 15 SY 350_ $16.00 $5 600.00 10 3216.0301 &'-6 oncrete Valley Gutter 32 16 13 SY 500 _.- $77.00 X38,500.00 11 0241.1700 11"Pavement Pulverization 0241 15 SY 76640 $4.75 $364040.00 12 3212.0303 3"Asphalt Pavement Type D 32 12 16 SY 7.6640 $17.75 $1,360,360.00 13 3211.0600 Cement Modification,13lbs/sy 321133 TN 498 $155.00 __ X77 190.00 14 9999.0000 Rooadbond EN1 GA 599 $140.00_ $832860.00 15 0241.0700 Remove/Replace Mailbox 02 41 13 EA 4 - $900.00 $3,600.00 16 3305.0112 Water Valve Box Adjustments(with Concrete Collar) 33 05 17 EA 29 $150.00 $4 350.00 17 3305.0112 Manhole Adjustments(with Concrete Collar) 330517 EA 31 $530.00 $16,430.00 18 3305.0107 Miscellaneous Adjustments(Water Meter Box) 33 05 14 EA 265 $100.00_ $26 500.00 19 3123.0101 Unclassified Street Excavation 31 23 16 CY 415 _ $25.00 $10,375.00 20 9999.0000 Curb Address Painting 32 17 25 EA 922 $25.00 __ $23 050.00 21 3292.0100 Block Sox!Replacement 329213 SY 10136 $5.00 $50680.00 22 0241.0300 Remove ADA Ramp 02 41 13 EA 23 $100.00 _ $2 300.00 23 9999.6000ADARamp EA 61 $1,150.00 $70,150.00 24 9999.0000 5'Curb Inlet Top EA 1 _ $3,100._00 $31100.00 25 99_99.000010'Curb Inlet Top EA 3 _ 3 900.00 _ $11700.00 26 3217.0002 4"Solid Yellow Thermoplastic(HAS)Center Lines 32 17 23 LF 100 $6.00 $600.00 27 3217.0301 12"Solid Pavement Markings(Cross-walk,White) 32 17 23 LF 75 $8.00 $600,00 28 3217.0305 Stop Bars Pavement Markings 32 17 23 LF 343 $10.00 $3,430.00 29 9999.0096 Paving Construction Allowance EA 1 $272,000.00, $272,000.00 Bid Summary Base Bid Total Bsse Bid Altemate Bid ToW Alternate Will -r Deductive Alternate Bid ToW Deductive ANeruate Bid Additive Alternate Bid Total Additive Alternate Bid i Total Bidl $5,052,042.50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 410000 43 13_00 42 43_00 43 37_00 45 12_00 35 13-Bid Propose!Workbook-As 004337 VENDOR COMPLIANCE TO STATE LAW Page 6 of 8 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. Ll BIDDER: Jackson Construction, Ltd. By: Troy L.Jackson 5112 Sun Valley Drive l2 �C (Sign ure) Fort Worth,Texas 76119 Title: Vice-President Date: 1 C.A I l '1 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 DO 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook.xls 00 45 12 BID FORM Page 7 of 8 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date HMAC Street Reconstruction Heavy Maintenance and all Jackson Construction, Ltd, 3/1/2016 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: Jackson Construction, Ltd. By: Troy L. Jackson 5112 Sun Valley Drive (Signature) Fort Worth, Texas 76119 Title: Vice-President Date: C- IZI 4: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook.xls 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 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 By: LARRY H-- CA KSON 13 Company Please Print 14 15 5112 Wn VWWY DL,FW Wort U M 191 Signature: �-'��� 16 Address 17 18 Title: 19 City/State/Zip (Please ult 20 21 22 THE STATE OF TEXAS § 23 24 COUNTY OF TARRANT § 25 26 BEFORE ME,the undersied authority,on this day personally appeared 27 LARRY H.JACKSON ,known to me to be the person whose name is 28 subscribed to the foregoing instrument,and acknowledged to me that he/she executed the same as 29 the act and deed of for the purposes and 30 consideration therein expressed and in the capacity therein stated. 31 32 qG "ER M)r HAND AND SEAL OF OFFICE this — day of 33 ff 20/5 34 35 36 CARMEN L. ESTEP 37 0��"''°° o lic in d the S e of Texas `�a Notary Public.State of Texas 38 s:, My Commission Expires '� April 06, 2016 39 END OF SECTION 40 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 FORT WORTH City of Fort Worth Minority Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is greater than$50,000,then a MBE subcontracting goal may be applicable. If the total dollar value of the contract is$50,000 or less,then an MBE subcontracting goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance applies to this bid. iry MBE PROJECT GOALS ' 1 %of the total bid(Base bid applies to Parks and Community Services). The City's MBE goal on this project is p ty ) Note: If both MBE and SBE subcontracting goals are established for this project,then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. COMPLIANCE TO BID SPECIFICATIONS On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are required to comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation, or; 3. Good Faith Effort documentation,or; 4. Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the MBE documentation in person to the appropriateemployee of tfie managing department and obtain adate/time receipt. Such receipt shall be Levidence that,the.City received the documentation in the time allocated. A faxed copy will not be accepted. 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no MBE participation: openinq date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at(817) 212-2674. Rev. 5/30/12 005243-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 4 THIS AGREEMENT, authorized on MARCH 3. 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 JACKSON CONSTRUCTION, LTD., authorized to do business in 7 Texas,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: 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 2014 CIP STREET RECONSTRUCTION-CG'"I"RACT 3, 17 02438 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 290 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 ($65000) for each day that expires after the time 35 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 36 Acceptance. OFFICIAL RECORD CITY SECRETARY I WORTNI TX CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02438 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 FIVE MILLION FIFTY TWO THOUSAND 40 FORTY TWO DOLLARS AND FIFTY CENTS($5,052,042.50). 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 speck) 52 b. Current Prevailing Wage Rate Table 53 c. Insurance ACORD Form(s) 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 FORTH, RECORD RETARY TX CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02438 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"). 129 Contractor: City of Fort Worth JACKSON CONSTMMON, 11D By: Fernando Costa By: �' 'v Assistant City Manager (Si tore) Date •¢ LARRY H JACKSON R T Attest. (Printed Name) City Secretary ( o°�0 (Seal) Title: $i ° Address: °°o°o°oo°`' M&C G— 2-4,Z!q Date: 3 ;-1 s' City/State/Zip: Approved as to Form and Legality: Date Douglas W.Black Assistant City Attorney 130 131 132 AP OVALRECOMMENDED: 133 134 tj. 135 Douglas Wiersig,P.E. 136 DIRECT 137 Transportation&Public Works 138 OFFICIAL RECORD CITY SECRETARY FT WORTH, TX CITY OF FORT WORTH 2014 -CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02438 Revised August 17,2012 0061 13-1 PERFORMANCE BOND Bond 41032119 Page 1 of 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we,JACKSON CONSTRUCTION,LTD.,known as"Principal"herein and 9 The Hanover Insurance Company a corporate surety(sureties, if more than 10 one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether one 11 or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created 12 pursuant to the laws of Texas,known as"City"herein,in the penal sum of,FIVE MILLION 13 FIFTY TWO THOUSAND FORTY TWO DOLLARS AND FIFTY CENTS 14 ($5,052,042.50),lawful money of the United States,to be paid in Fort Worth,Tarrant County, 15 Texas for the payment of which sum well and truly to be made,we bind ourselves,our heirs, 16 executors,administrators, successors and assigns,jointly and severally, firmly by these presents. 17 WHEREAS,the Principal has entered into a certain written contract with the City 18 awarded the 3 day of MARCH,2015,which Contract is hereby referred to and made a part 19 hereof for all purposes as if fully set forth herein,to furnish all materials, equipment labor and 20 other accessories defined by law, in the prosecution of the Work, including any Change Orders, 21 as provided for in said Contract designated as 22 2014 CIP STREET RECONSTRUCTION—CONTRACT 3,02438 23 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders, under the Contract,according to the plans, 26 specifications,and contract documents therein referred to,and as well during any period of 27 extension of the Contract that may be granted on the part of the City,then this obligation shall be 28 and become null and void,otherwise to remain in full force and effect. 29 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 30 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 31 Worth Division. OFFICIAL kECORD CITY SECRETARY CITY OF FORT WORTH ?:T+2WETXRE ONSTRUCTION-CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02438 Revised July 1,2011 0061 13-2 PERFORMANCE BOND Page 2 of 2 I 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 27th day of March 6 .20 15. 7 PRINCIPAL: 8 Jackson Construction, LTD 9 10 11 BY: 12 Signattile 13 ATTEST: 14 Q 15 ,t Larry H Jackson, President 16 (Py cipal) ecretary Name and Title 17 18 Address: 5112 Sun Valley Drive 19 20 Fort Worth, TX 76119 21 luj�p 22 as to Principal 23 SURETY: 24 The Hanover Insures ompany 25 26 27 BY:_ 28 ature 29 30 Jack M Crowley, Attorney in Fact 31 Name and Title 32 33 Address: 15305 North Dallas Parkway, 4!1100 34 35 � Addi con- TX 75001 36 37 Witnessas to Surety Telephone Number: 972-385-9800 38 39 40 41 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation. If 43 Surety's physical address is different from its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX CITY OF FORT WORTH 2014 CP STREET RECONSTRUCTION-CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02438 Revised July 1,20I1 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being corporations organized and existing under the laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint Steven R.Foster,Jack M.Crowley,Patricia A.Smith and/or Marie Perryman of Dallas,TX and each is a true and lawful Attorney(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf,and as its act and deed any place within the United States,or,if the following line be filled in,only within the area therein designated any and all bonds,recognizances,undertakings, contracts of indemnity or other writings obligatory in the nature thereof,as follows: Any such obligations in the United States, not to exceed Thirty Five Million and No/100($35,000,000)in any single instance and said companies hereby ratify and confirm all and whatsoever said Attomey(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: 'RESOLVED,That the President or any Vice President,in conjunction with any Vice President,be and they are hereby authorized and empowered to appoint Attomeys-in-fact of the Company,in its name and as its acts,to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizances, contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attomeys-in-fact shall be as binding upon the Company as ifthey had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons."(Adopted October 7, 1981 -The Hanover Insurance Company,Adopted April 14, 1982- Massachusetts Bay Insurance Company,Adopted September 7 2001-Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents, this 5th day of December 2011. THE HANOVER INSURANCE COMPANY MASSACHUSET'T'S BAY INSURANCE COMPANY Iii r r-•-�..,'4y CITIZENS SURANCE OMPANY OF AMERICA SEAL1974 ) Robert Thomas.Vice President THE COMMONWEALTH OF MASSACHUSETTS COUNTY OF WORCESTER )ss. Joe- renstrwL Vice Presidem On this 5th day of December 2011 before me came the above named Vice Presidents of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me personally known to be the individuals and officers described herein,and acknowledged that the seats affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. BARBARA A.GARLICK i Nary Pylic _,- '� CemrtronweattAdtrb,sxt�en6 �,�f�.-r�..�/;. S IM',mm-sionFspr�sSat.29.2t?18 n Barbara A.Garlick, Notary Public My Commission Expires September 21,2018 I.the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. 'RESOLVED,That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or any Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the same extent as if all signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile." (Adopted October 7,1981 -The Hanover Insurance Company;Adopted April 14,1982-Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 27th day of March 2015. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA OFFICIAL RECORD i CITY SECRETARY �`�`-- FFT.WOR'1 H,TX lean Margosian,Vice President 0061 14-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 9 7 rh day of 3 March ,2015 4 PRINCIPAL: Jackson Construction, LTD ATTEST: BY: Signatur Q," Larry H Jackson, President (P ' cipal) ScKWtary Name and Title Address: 5112 Sun Valley Drive 114,4 Fort Worth_ TX 76119 1 ess as to Principal SURETY: The Hanover insurance Company ATTEST: BY: i Si re 1 �- Jack M Crowley, Attorney in Fact (Surety)Secretary Name and Title Address: 15305 North Dallas Parkway, #1100 Addison, TX 75001 as to Surety Telephone Number: 972-3,89-9,800 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address, both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH 02438 CIP STREET RECONSTRUCTION-CONTRACT 3 02438 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being corporations organized and existing under the laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint Steven R.Foster,Jack M.Crowley,Patricia A.Smith andlor Marie Perryman of Dallas,TX and each is a true and lawful Attomey(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf,and as its act and deed any place within the United States,or,if the following line be filled in,only within the area therein designated any and all bonds,recognizances,undertakings, contracts of indemnity or other writings obligatory in the nature thereof,as follows: Any such obligations in the United States,not to exceed Thirty Five Million and Noll 00($35,000,000)in any single instance and said companies hereby ratify and confirm all and whatsoever said Attomey(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: 'RESOLVED,That the President or any Vice President,in conjunction with any Vice President.be and they are hereby authorized and empowered to appoint Attomeys-in-fact of the Company,in its name and as its acts,to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizences, contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof.with power to attach thereto the seal of the Company.Arry such writings so executed by such Attomeys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons.'(Adopted October 7, 1981 -The Hanover Insurance Company;Adopted April 14, 1982- Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents, this 5th day of December 2011, THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY `T � CITIZENS. SURANCEOMPANY OF AMERICA 19q'l SEALl� 1974 l Robert Thomas.Vice Pr t Nident n THE COMMONWEALTH OF MASSACHUSETTS COUNTY OF WORCESTER )ss. Joe Brenresidera On this 5th day of December 2011 before me came the above named Vice Presidents of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me personally known to be the individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. OF BARBARA A.GARLICK jt Notary f ublic Mas ,^. r 1✓} r /� 11}A ��,tJ Y��ttYY QryVn017wEd1�}f Of MMf.dWSlIt6 ' IM:;mm�ssiar U4 SM,21.MIS I Barbara A.Garlick, Notary Public My Commission Expires September 21,2018 1,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. 'RESOLVED,That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or any Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the same extent as if all signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile.' (Adopted October 7,1981 -The Hanover Insurance Company,Adopted April 14,1982-Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 27th day of March 2015. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA EOFFICIAL RECORD CRETARV aGlenn Margosian,Vice President RTH,TX 0061 19-1 MAINTENANCE BOND Page 1 of 3 Bond #1032119 1 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we JACKSON CONSTRUCTION,LTD.,known as"Principal"herein and 9 The Hanover Insurance Company ,a corporate surety(sureties, if more than 10 one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether one 11 or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created 12 pursuant to the laws of the State of Texas,known as"City"herein,in the sum of FIVE 13 MULLION FIFTY TWO THOUSAND FORTY TWO DOLLARS AND FIFTY CENTS 14 ($5,052,042.50),lawful money of the United States,to be paid in Fort Worth,Tarrant County, 15 Texas,for payment of which sum well and truly be made unto the City and its successors,we 16 bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally, 17 firmly by these presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded 20 the 3 day of MARCH,2015, which Contract is hereby referred to and a made part hereof for all 21 purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories 22 as defined by law, in the prosecution of the Work, including any Work resulting from a duly 23 authorized Change Order(collectively herein,the"Work")as provided for in said contract and 24 designated as 2014 CIP STREET RECONSTRUCTION—CONTRACT 3,02438;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 CITY OF FORT WORTH 20 CIP ATITWQ 15tATITXCo CT 3 02438 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —' Revised July 1,2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE,the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City,to a completion 3 satisfactory to the City,then this obligation shall become null and void;otherwise to remain in 4 full force and effect. 5 6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond;and 10 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 20 21 22 23 24 25 - OFFICIAL RECORD 26 CITY SECRETARY 27 FT.WORTH, TX CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 3 02438 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 006119-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 27th day of March 3 ,20—L5 . 4 5 PRINCIPAL: 6 Jackson Constrcution, LTD 7 ~ 8 ' 9 BY: 10 Signa e 11 ATTEST: 12 13 Larry H Jackson, President 14 cipal)Secroky Name and Title 15 16 Address: 5112 Sun Valley Drive 17 Fort Worth, TX 76119 18 19 IAljlo�xu X�,Vo 20 WitRess as io cepa 21 SURETY: rl 22 The Hanover Insurance Cpdgny 23 _ 24 25 BY: 26 ignature 27 28 Jack M Crowley, Attorney in Fact 29 ATTE T: Name and Title 30 31 L Address: 15305 North Dallas Parkway, #1100 32 (Sety)S etary Addison, TX 75001 33 34 35 Witn as o Surety Telephone Number: 972-385-9800 36 37 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 OFFICIAL RECORD CITY"SECRETARY FT, WORTHS TX CITY OF FORT WORTH 2014 CIP STREET RECONSTRUCTION-CONTRACT 3 02439 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 THE HANOVER INSURANCE COMPANY MASSACHUSETTS SAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being corporations organized and existing under the laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint Steven R.Foster,Jack M.Crowley,Patricia A.Smith and/or Marie Perryman of Dallas,TX and each is a true and lawful Attomey(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf,and as its act and deed any place within the United States,or,if the following line be filled in,only within the area therein designated any and all bonds,recognizances,undertakings, contracts of indemnity or other writings obligatory in the nature thereof,as follows: Any such obligations in the United States,not to exceed Thirty Five Million and No/100($35,000,000)in any single instance and said companies hereby ratify and confirm all and whatsoever said Attomey(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Director;of said Companies which resolutions are still in effect: 'RESOLVED,That the President or any Vice President,in conjunction with any Vice President,be and they are hereby authorized and empowered to appoint Attomeys-in-tact of the Company,in its name and as its acts,to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizances, contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attomeys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons."(Adopted October 7, 1981 -The Hanover Insurance Company;Adopted April 14, 1982- Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents, this 5th day of December 2011. THE HIMOVER INSURANCE COMPANY ,0�" MASSACHUSEITS BAY INSURANCE COMPANY is94ra CITIZENS, RANCEOMPANY OF AMERICA 1074 Robert Thomas.Vice President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER )ss. 3fe. mnstrfxn ice Presidcrtt On this 5th day of December 2011 before me came the above named Vice Presidents of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me personally known to be the individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duty affixed and subscribed to said instrument by the authority and direction of said Corporations. BBARA A.GARt.tCK � NolaryPublic TYIL.f/L -�'.df..t � ,,.�*E.I � ssiart ExDit�Sex-21.2018 s Barbara A.Garlick, Notary Public My Commission Expires September 21,2018 I,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. 'RESOLVED,That any and all Powers of Attorney and Certified Copies of such Powers of Attorneyand certification in respect thereto,granted and executed by the President or any Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the same extent as it all signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile.' (Adopted October 7,1981 -The Hanover Insurance Company;Adopted April 14,1982-Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 27th day of March 2015. THE HANOVER INSURANCE COMPANY LOFFIGGGIA:LRECORDY INSURANCE COMPANY CITIZESFINSURANUSETTS CE C MPANOF AMERICA RE3ARYrH TX -� Olenn Margosian,Vice President Hanover The Hanover Insurance Company 1440 Lincoln Street,Worcester,MA 01653 Insurance Group* Citizens Insurance Company of America 1645 West Grand River Avenue,Howell,MI 48843 Texas Complaint Notice IMPORTANT NOTICE AVISO 1MPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call The Hanover Insurance Company/Citizens Usted puede Ilamar al numero de telefono gratis de The Insurance Company of America's toll-free telephone Hanover Insurance Company/Citizens Insurance Company number for information or to make a complaint at: of America's para informacion o para someter una queja al: 1-800-608-8141 1-800-608-8141 You may also write to The Hanover Insurance Company/ Usted tambien puede escribir a The Hanover Insurance w Citizens Insurance Company of America at: Company/Citizens Insurance Company of America al: 440 Lincoln Street 440 Lincoln Street Worcester, MA 01615 Worcester, MA 01615 You may contact the Texas Department of Insurance to Puede comunicarse con el Departamento de Seguros de obtain information on companies, coverages, rights or Texas para obtener informacion acerca de companias, complaints at: coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance: Puede escribir al Departamento de Seguros de Texas: P. O. Box 149104 P. O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax: (512) 475-1771 Fax: (512) 475-1771 Web: httpJ/www.tdi.texasgov Web: httpJ/www.tdi.texasgov E-mail: ConsumerProtection@tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your premium or Si tiene una disputa concerniente a su prima o a un rec- about a claim you should contact the agent or the com- lamo, debe comunicarse con el agente o la compania pany first. If the dispute is not resolved, you may contact primero. Si no se resueive la disputa, puede entonces the Texas Department of Insurance. comunicarse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY:This notice is UNA ESTE AVISO A SU POLIZA: Este aviso es solo para for information only and does not become a part or con- proposito de informacion y no se convierte en parte o dition of the attached document. condicion del documento adjunto. OFFICIAL RECORD CITY SECRETARY FT, WORTM, TX �. 181-1457(5112) STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT MY OF FORT WORTH STANDARD CONSTRUCCION SPECIFCATION DOCUMENTS Revision:August 17,2012 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article1 —Definitions and Terminology.......................................................................................................... l 1.01 Defined Terms............................................................................................................................... l E 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters.........................................................................................................................7 r 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3—Contract Documents: Intent,Amending,Reuse............................................................................8 3.01 Intent..............................................................................................................................................8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................l l r Article 4—Availability of Lands; Subsurface and Physical Conditions;Hazardous Environmental Conditions;Reference Points...........................................................................................................l l 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article 5—Bonds and Insurance.....................................................................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance,Payment, and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6—Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 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 Article 8-City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due............................................................................................................................36 8.04 Lands and Easements;Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections, Tests,and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project 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 MY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 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 r 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process Article 11 -Cost of the Work;Allowances;Unit Price Work; Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13-Tests and Inspections; Correction,Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work..................................................................... ................49 ........................ 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 E Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 a 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 E 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article 15-Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article 16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 `� Article17—Miscellaneous..............................................................................................................................62 17.01 Giving Notice..............................................................................................................................62 17.02 Computation of Times................................................................................................................62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings......................................................................................................................................63 CM(OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 007200-1 General Conditions Page 1 of 63 ARTICLE 1–DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:AuSA 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-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney–The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager – The officially appointed and authorized City Manager of the City of Fort Worth,Texas,or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract.A demand for money or services by a third party is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations,representations,or agreements,whether written or oral. 20. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and(ii)complete the Work so that it is ready for Final Acceptance. 23. Contractor—The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFCATION DOCUMENTS Revision:August 17,2012 007200-1 General Conditions Page 3 of 63 25. Damage Claims – A demand for money or services arising from the Project or Site from a third party,City or Contractor exclusive of a Contract Claim. 26. Day or day–A day, unless otherwise defined, shall mean a Calendar Day. 27. Director of Aviation – The officially appointed Director of the Aviation Department of the City of Fort Worth,Texas,or his duly appointed representative,assistant,or agents. 28. Director of Parks and Community Services – The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director of Planning and Development– The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Transportation Public Works – The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant,or agents. 31. Director of Water Department– The officially appointed Director of the Water Department of the City of Fort Worth,Texas,or his duly appointed representative, assistant,or agents. 32. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed -� and delivered by the last of the two parties to sign and deliver. 34.Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work – Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36. Field Order—A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time,or the intent of the Engineer. 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:Atm 17,2012 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 ProceeaLA 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. CnY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Atm 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. .w 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. MY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCA71ON DOCUMENTS Revision:August 17,2012 007200-1 General Conditions Page 6 of 63 63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent–The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment , to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water,wastewater, storm water,other liquids or chemicals, or traffic or other control systems. 69. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours–Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction,all as required by the Contract Documents. 72. Working Day–A working day is defined as a day, not including Saturdays, Sundays,or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m.and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 007200-1 General Conditions Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory,faulty,or deficient in that it: a. does not conform to the Contract Documents; or - b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time;Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Arm 17,2012 0072 00-1 Genend Conditions Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Aum 17,2012 00 7200-1 General Conditions Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids),except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents.No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and -- conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected •` thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or(c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Atm 17,2012 007200-1 General Conditions Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of ' the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification,manual, or the instruction of any Supplier(whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govem over General Conditions and Specifications, and quantities shown on the Plans shall govem 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. Unless otherwise stated in the Supplementary Conditions,the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies,the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no M% 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 pennanent changes in existing facilities. d" 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way,and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed,adjusted,and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. m CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 007200-1 General Conditions Page 12 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors,members,partners,employees, agents,consultants,or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto;or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings;or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations,opinions,or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any"technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents;or 3. differs materially from that shown or indicated in the Contract Documents;or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS RevisionAugust 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 A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall . have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated.• -� 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Augg 17,2012 00noo-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 ook Contractor, Subcontractors, Suppliers,or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. _ E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: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. Pr 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. CnY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 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 carver names as listed in the current A.M. Best Property&Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims-made basis,the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final + Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance -- coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 00 7200-1 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. IF 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 r CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS ph Revision Atm¢17,2012