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Contract 46951
1Nt COM Fft Cmr SECRETAW �5 -,._.CONnuCmu CONTRACT N0.!—LL-� I CftVActoRa-r co. F RT WORTH a KOUM ► -----cwmuvmnOFM —•----.er��c ons VWFUCWt PROJECT MANUAL FOR CONCRETE PAVING JOINT SEALANT 2015 AT VARIOUS LOCATIONS City Project No. GGO1-537110-0202002 Betsy Price David Cooke Mayor City Manager Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared by The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS ® �•0F 2015 to ° % O it o° ................. yea %o 8:8323 9 a OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 72412015 M&C Review Offldal site of the Gty of Fort Worth,Texas CITY COUNCIL AGENDA FORTWORTH COUNCIL ACTION: Approved on 7/21/2015 REFERENCE **C-27360 2000NCRETE PAVING JOINT DATE: 7/21/2015 NO.: LOG NAME: SEALANT 2015 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with SCR Construction Co, Inc., in the Amount of $325,000.00 for Concrete Paving Joint Sealant 2015 (ALL COUNCIL DISTRICTS) M RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with SCR Construction Co, Inc., in the amount of$325,000.00 for Concrete Paving Joint Sealant 2015. k DISCUSSION: The Concrete Paving Joint Sealant 2015 contract provides cleaning and silicone joint sealing of City- wide failed concrete pavement joints(City Project No. 02618). r Description JAmount Design $ 0.00 Construction $325,000.00 Project Management/inspection/Contingencies, Etc. $ 0.00 M Total Project Budget 11$325,000.00 Funding for this project is included in the Fiscal Year 2015 Contract Street Maintenance Fund. This project was advertised for bid on January 22, 2015 and January 29, 2015 in the Fort Worth Star- Telggram. On February 19, 2015, the following bids were received. ` BIDDERS AMOUNT SCR Construction Co., Inc $325,000.00 I Champion Infrastructure LLC $450,000.00 MN BE Office- SCR Construction Co., Inc., is in compliance with the City's BDE Ordinance by " committing to 27 percent MBE participation on this project. The City's MBE goal on this project is 10 percent. The City reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus 25 percent of the contract award. This project will serve ALL COUNCIL DISTRICTS. WJ/aW.Cknm.orWcanal.pa&.O*nc review.asp?ID=21003 candldde=72V2015 12 712412015 M&C Review FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Contract Street Maintenance Fund. Fund Appropriation Request transfer is attached as follows: Available Unspecified Amount of Transfer Remaining Balance 1$1,048,360.60 $325,000.00 $723,350.60 TO Fund/Account/Centers FROM Fund/Account/Centers C293 537110 203330261883 $325.000.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Richard Martinez (7914) Tariqul Islam (2486) ATTACHMENTS tOJ/aw.ckmd.agfmridljm*eWnc review.asp?ID=21003&cancildale=7RU2015 212 000000-1 TABLE OF CONTENTS Page 1 of 2 1 SECTION 00 00 00 2 TABLE OF CONTENTS 3 4 Division 00-General Conditions 5 00 05 10 Mayor and Council Communication 6 00 05 15 Addenda 7 00 11 13 Invitation to Bidders 8 00 21 13 Instructions to Bidders 9 00 35 13 Conflict of Interest Affidavit 10 004100 Bid Form 11 00 42 43 Proposal Form Unit Price 12 00 43 13 Bid Bond 13 00 43 37 Vendor Compliance to State Law Nonresident Bidder 14 00 45 26 Contractor Compliance with Workers'Compensation Law 15 00 45 40 Minority Business Enterprise Goal 16 00 52 43 Agreement 17 0061 13 Performance Bond 18 00 61 14 Payment Bond 19 00 61 19 Maintenance Bond 20 00 61 25 Certificate of Insurance 21 00 72 00 General Conditions 22 00 73 00 Supplementary Conditions 23 24 Division 01-General Requirements 25 01 1100 Summary of Work 26 01 31 19 Preconstruction Meeting 27 01 31 20 Project Meetings 28 01 32 16 Construction Progress Schedule 29 01 32 33 Preconstruction Video 30 01 35 13 Special Project Procedures 31 01 45 23 Testing and Inspection Services 32 01 50 00 Temporary Facilities and Controls 33 01 55 26 Street Use Permit and Modifications to Traffic Control 34 01 58 13 Temporary Project Signage 35 017000 Mobilization and Remobilization 36 01 71 23 Construction Staking 37 01 74 23 Cleaning 38 017719 Closeout Requirements 39 01 78 39 Project Record Documents 40 41 42 Division 32-Exterior Improvements 43 32 1373 Concrete Paving Joint Sealants 44 45 Division 34-Transportation 46 3471 13 Traffic Control 47 48 Technical Specifications listed below are included for this Project by reference and can be 49 viewed/downloaded from the City's Buzzsaw site at: CITY OF FORT WORTH CONCRETE PAVING JOINT SEALANT 2015 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGO1-537110-0202002 Revised November 9,2011 000000-2 TABLE OF CONTENTS Page 2 of 2 1 .- 2 hips://projectp iint.buzzsaw.com/client/fortworthgov/Resources/02%20- 3 %20Construction%2ODocuments/SRecifications 4 5 Appendix 6 GC-6.06.D Minority and Women Owned Business Enterprise Compliance 7 GC-6.07 Wage Rates 8 A Standards and Details 9 10 END OF SECTION C=OF FORT WORTH CONCRETE PAVING JOINT SEALANT 2015 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-537110-0202002 Revised November 9,2011 00 05 10-1 MAYOR AND COUNCIL COMMUNICATION(M&C) Page 1 of I 1 SECTION 00 0510 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 CONCRETE PAVING JOINT SEALANT 2015 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-537110-0202002 Revised July 1,2011 000515-1 ADDENDA Page 1 of 1 1 SECTION 00 0515 2 ADDENDA 3 4 5 6 [Assembler. For Contract Document execution, remove this page and replace with any addenda 7 issued during bidding.] 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION CITY OF FORT WORTH CONCRETE PAVING JOINT SEALANT 2015 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-537110-0202002 Revised July 1,2011 001113-1 INVITATION TO BIDDERS - Page 1 of 2 1 SECTION 00 1113 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Sealed bids for the construction of CONCRETE PAVING JOINT SEALANT 2015,AT 6 VARIOUS LOCATIONS,City Project No.GGO1-537110-0202002 will be received by the City 7 of Fort Worth Purchasing Office: 8 9 City of Fort Worth 10 Purchasing Division 11 1000 Throckmorton Street 12 Fort Worth,Texas 76102 13 until 1:30 P.M.CST,Thursday,February 19,2015,and bids will be opened publicly and read 14 aloud at 2:00 PM CST in the Council Chambers. 15 16 GENERAL DESCRIPTION OF WORK 17 The major work will consist of the(approximate)following: 18 19 10,000 LF Clean and Silicon Seal Existing Concrete Pavement Joint 20 21 This project is to clean and silicon seal existing joints of concrete arterial 22 streets at locations to be determined by the engineer. 23 24 DOCUMENT EXANIINATION AND PROCUREMENTS 25 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 26 of Fort Worth's Purchasing Division website at ho://www.fortworth og v.org/iyurchasing_/and 27 clicking on the Buz zsaw link to the advertised project folders on the City's Buzzsaw site.The 28 Contract Documents may be downloaded,viewed,and printed by interested contractors and/or 29 suppliers. 30 31 Copies of the Bidding and Contract Documents may be purchased from Nikki McLeroy, 817- rt 32 392-8459,City of Fort Worth,Transportation and Public Works, 1000 Throckmorton St.,Fort 33 Worth,TX 76102 34 35 The cost of Bidding and Contract Documents is: $30.00 36 37 PREBID CONFERENCE 38 A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO 39 BIDDERS at the following location,date,and time: 40 DATE: Wednesday,February 4,2015 41 TE%IE: 9:00 A.M. 42 PLACE: Transportation and Public Works, 1000 Throckmorton St.,RM#: 270,Fort 43 Worth,Texas 76102 44 LOCATION: Municipal Building,2°d Floor 45 46 47 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 48 City reserves the right to waive irregularities and to accept or reject bids. CITY OF FORT WORTH CONCRETE PAVING JOINT SEALANT 2015 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-537110-0202002 Revised November 27,2012 0011 13-2 INVITATION TO BIDDERS Page 2 of 2 1 2 INQUEMS 3 All inquiries relative to this procurement should be addressed to the following: 4 Attn: Tariqul Islam,City of Fort Worth 5 Email: tariqul.islam@fortworthtexas.gov 6 Phone: 817-392-2486 7 8 ADVERTISEMENT DATES 9 January 22,2015 10 January 29,2015 11 12 END OF SECTION CITY OF FORT WORTH CONCRETE PAVING JOINT SEALANT 2015 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-537110-0202002 Revised November 27,2012 002113-1 INSTRUCTIONS TO BIDDERS Page I of 9 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 6 00-GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person,firm,partnership,company,association,or corporation acting 12 directly through a duly authorized representative,submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder:Any person,firm,partnership,company,association,or 16 corporation acting directly through a duly authorized representative,submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided)makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 33 34 35 36 37 . 38 39 3.2.Eaeh Biddef uFfless euffeady pmqueMed, 40 , 41 4 5 11,BIDDERS PREQUAL94GA410NS. 42 43 fes, 44 . 45 46 CITY OF FORT WORTH CONCRETE PAVING JOINT SEALANT 2015 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-537110-0202002 Revised November 27,2012 r 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 2 3 , 4 , 5 .�, 6 7City's 8 infeffmfien, 9 10 11 fietified in wFifing of a meeffHneadatiea te the City Getmeil. 12 13 , 14 witWavafiaus seetiefis of the Geatmet Deeufaeftts. 15 16 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 17 18 4.1.Before submitting a Bid,each Bidder shall: 19 20 4.1.1. Examine and carefully study the Contract Documents and other related data 21 identified in the Bidding Documents(including"technical data"referred to in 22 Paragraph 4.2,below).No information given by City or any representative of the 23 City other than that contained in the Contract Documents and officially 24 promulgated addenda thereto,shall be binding upon the City. 25 26 4.1.2.Visit the site to become familiar with and satisfy Bidder as to the general,local and 27 site conditions that may affect cost,progress,performance or furnishing of the 28 Work. 29 30 4.1.3. Consider federal,state and local Laws and Regulations that may affect cost, 31 progress;performance or furnishing of the Work. 32 33 4.1.4. < >Be advised,City,in accordance with Title VI of the Civil Rights Act of 1964, 34 78 Stat.252,42 U.S.C.2OOOd to 2OOOd-4 and Title 49,Code of Federal 35 Regulations,Department of Transportation,Subtitle A,Office of the Secretary,Part 36 21,Nondiscrimination in Federally-assisted programs of the Department of 37 Transportation issued pursuant to such Act,hereby notifies all bidders that it will 38 affirmatively insure that in any contract entered into pursuant to this advertisement, 39 minority business enterprises will be afforded full opportunity to submit bids in 40 response to this invitation and will not be discriminated against on the grounds of 41 race,color,or national origin in consideration of award. 42 43 4.1.5. Study all: (i)reports of explorations and tests'of subsurface conditions at or 44 contiguous to the Site and all drawings of physical conditions relating to existing 45 surface or subsurface structures at the Site(except Underground Facilities)that 46 have been identified in the Contract Documents as containing reliable"technical 47 data"and(ii)reports and drawings of Hazardous Environmental Conditions,if any, 48 at the Site that have been identified in the Contract Documents as containing 49 reliable"technical data." 50 CITY OF FORT WORTH CONCRETE PAVING JOINT SEALANT 2015 .� STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-537110-0202002 Revised November 27,2012 4. 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 2 the information which the City will furnish.All additional information and data 3 which the City will supply after promulgation of the formal Contract Documents 4 shall be issued in the form of written addenda and shall become part of the Contract 5 Documents just as though such addenda were actually written into the original 6 Contract Documents.No information given by the City other than that contained in 7 the Contract Documents and officially promulgated addenda thereto,shall be 8 binding upon the City. 9 10 4.1.7. Perform independent research,investigations,tests,borings,and such other means 11 as may be necessary to gain a complete knowledge of the conditions which will be 12 encountered during the construction of the project.On request,City may provide 13 each Bidder access to the site to conduct such examinations,investigations, 14 explorations,tests and studies as each Bidder deems necessary for submission of a 15 Bid. Bidder must fill all holes and clean up and restore the site to its former 16 conditions upon completion of such explorations,investigations,tests and studies. 17 18 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 19 cost of doing the Work,time required for its completion,and obtain all information 20 required to make a proposal.Bidders shall rely exclusively and solely upon their 21 own estimates,investigation,research,tests,explorations,and other data which are 22 necessary for full and complete information upon which the proposal is to be based. 23 It is understood that the submission of a proposal is prima-facie evidence that the 24 Bidder has made the investigation,examinations and tests herein required.Claims 25 for additional compensation due to variations between conditions actually 26 encountered in construction and as indicated in the Contract Documents will not be 27 allowed. 28 29 4.1.9.Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or 30 between the Contract Documents and such other related documents.The Contractor 31 shall not take advantage of any gross error or omission in the Contract Documents, 32 and the City shall be permitted to make such convections or interpretations as may 33 be deemed necessary for fulfillment of the intent of the Contract Documents. 34 35 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of. 36 37 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 38 the site which have been utilized by City in preparation of the Contract Documents. 39 The logs of Soil Borings,if any,on the plans are for general information only. 40 Neither the City nor the Engineer guarantee that the data shown is representative of 41 conditions which actually exist. 42 43 4.2.2. those drawings of physical conditions in or relating to existing surface and 44 subsurface structures(except Underground Facilities)which are at or contiguous to 45 the site that have been utilized by City in preparation of the Contract Documents. 46 CrTY OF FORT WORTH CONCRETE PAVING JOINT SEALANT 2015 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-537110-0202002 Revised November 27,2012 r 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.3.copies of such reports and drawings will be made available by City to any Bidder 2 on request. Those reports and drawings may not be part of the Contract 3 Documents,but the"technical data"contained therein upon which Bidder is entitled 4 to rely as provided in Paragraph 4.02.of the General Conditions has been identified 5 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 6 responsible for any interpretation or conclusion drawn from any"technical data"or 7 any other data,interpretations,opinions or information. 8 9 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 10 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 11 exception the Bid is premised upon performing and furnishing the Work required by the 12 Contract Documents and applying the specific means,methods,techniques,sequences or 13 procedures of construction(if any)that may be shown or indicated or expressly required 14 by the Contract Documents,(iii)that Bidder has given City written notice of all 15 conflicts,errors,ambiguities and discrepancies in the Contract Documents and the 16 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 17 etc.,have not been resolved through the interpretations by City as described in 18 Paragraph 6.,and(iv)that the Contract Documents are generally sufficient to indicate 19 and convey understanding of all terms and conditions for performing and furnishing the 20 Work. 21 22 4.4.The provisions of this Paragraph 4,inclusive,do not apply to Asbestos,Polychlorinated 23 biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 24 Paragraph 4.06.of the General Conditions,unless specifically identified in the Contract 25 Documents. 26 27 5. Availability of Lands for Work,Etc. 28 29 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for -� 30 access thereto and other lands designated for use by Contractor in performing the Work 31 are identified in the Contract Documents. All additional lands and access thereto 32 required for temporary construction facilities,construction equipment or storage of 33 materials and equipment to be incorporated in the Work are to be obtained and paid for 34 by Contractor. Easements for permanent structures or permanent changes in existing 35 facilities are to be obtained and paid for by City unless otherwise provided in the 36 Contract Documents. ` 37 38 5.2.Outstanding right-of-way,easements,and/or permits to be acquired by the City are listed 39 in Paragraph SC 4.01 of the Supplementary Conditions.In the event the necessary right- 40 of-way,easements,and/or permits are not obtained,the City reserves the right to cancel 41 the award of contract at any time before the Bidder begins any construction work on the 42 project. 43 44 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 45 ight-of45 way,easements,and/or permits,and shall submit a schedule to the City of how 46 construction will proceed in the other areas of the project that do not require permits 47 and/or easements. 48 49 6. Interpretations and Addenda 50 CITY OF FORT WORTH CONCRETE PAVING JOINT SEALANT 2015 dW STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-537110-0202002 Revised November 27,2012 r 002113-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 2 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 3 received after this day may not be responded to.Interpretations or clarifications 4 considered necessary by City in response to such questions will be issued by Addenda 5 delivered to all parties recorded by City as having received the Bidding Documents. 6 Only questions answered by formal written Addenda will be binding. Oral and other 7 interpretations or clarifications will be without legal effect. 8 9 Address questions to: 10 11 City of Fort Worth IP 12 1000 Throckmorton Street 13 Fort Worth,TX 76102 14 Attn: Tariqul Islam,Transportation&Public Works 15 Fax: 817-392-7969 16 Email:tariqul.islam@fortworthtexas.Rov Phone: 817-392-2486 17 18 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 19 City. 20 21 Addenda or clarifications may be posted via Buzzsaw at: 22 hgps://I)rojecWgint.buzzsaw.com/client/fortworthgov/lnfrastructure%2OProiectst2014%20CEP%2OStreet% 23 20Freconstruction%20-%20Contract%201> 24 25 6.3.A prebid conference may be held at the time and place indicated in the Advertisement or 26 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 27 Project. Bidders are encouraged to attend and participate in the conference. City will 28 transmit to all prospective Bidders of record such Addenda as City considers necessary 29 in response to questions arising at the conference. Oral statements may not be relied 30 upon and will not be binding or legally effective. 31 32 7. Bid Security 33 34 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 35 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 36 the requirements of Paragraphs 5.01 of the General Conditions. I 37 38 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 39 have been satisfied. If the Successful Bidder fails to execute and deliver the complete i 40 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 41 default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 42 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 43 other Bidders whom City believes to have a reasonable chance of receiving the award 44 will be retained by City until final contract execution. 45 46 8. Contract Times 47 The number of days within which,or the dates by which,Milestones are to be achieved in 48 accordance with the General Requirements and the Work is to be completed and ready for 49 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 50 attached Bid Form. 51 CITY OF FORT WORTH CONCRETE PAVING JOINT SEALANT 2015 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-537110-02020M Revised November 27,2012 r 002113-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 9. Liquidated Damages 2 Provisions for liquidated damages are set forth in the Agreement. 3 4 10. Substitute and"Or-Equal"Items 5 The Contract,if awarded,will be on the basis of materials and equipment described in the 6 Bidding Documents without consideration of possible substitute or"or-equal"items. 7 Whenever it is indicated or specified in the Bidding Documents that a"substitute"or"or- 8 equal'item of material or equipment may be furnished or used by Contractor if acceptable to 9 City,application for such acceptance will not be considered by City until after the Effective 10 Date of the Agreement. The procedure for submission of any such application by Contractor 11 and consideration by City is set forth in Paragraphs 6.05A.,6.05B.and 6.05C.of the General 12 Conditions and is supplemented in Section 0125 00 of the General Requirements. 13 14 11. Subcontractors,Suppliers and Others 15 16 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No.20020- 17 12-2011 (as amended),the City has goals for the participation of minority business 18 and/or small business enterprises in City contracts.A copy of the Ordinance can be 19 obtained from the Office of the City Secretary.The Bidder shall submit the MBE and MR 20 SBE Utilization Form,Subcontractor/Supplier Utilization Form,Prime Contractor 21 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 22 Venture Form as appropriate.The Forms including documentation must be received 23 by the City no later than 5:00 P.M. CST,five(5)City business days after the bid 24 opening date.The Bidder shall obtain a receipt from the City as evidence the 25 documentation was received.Failure to comply shall render the bid as non- 26 responsive. 27 28 11.2. No Contractor shall be required to employ any Subcontractor,Supplier,other person 29 or organization against whom Contractor has reasonable objection. E 30 31 12. Bid Form 32 33 12.1. The Bid Form is included with the Bidding Documents;additional copies may be 34 obtained from the City. 35 36 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 37 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 38 the Bid Form. A Bid price shall be indicated for each Bid item,alternative,and unit 39 price item listed therein. In the case of optional alternatives,the words"No Bid," T 40 "No Change,"or"Not Applicable"may be entered.Bidder shall state the prices, 41 written in ink in both words and numerals,for which the Bidder proposes to do the 42 work contemplated or furnish materials required.All prices shall be written legibly. 43 In case of discrepancy between price in written words and the price in written 44 numerals,the price in written words shall govern. 45 46 12.3. Bids by corporations shall be executed in the corporate name by the president or a 47 vice-president or other corporate officer accompanied by evidence of authority to 48 sign. The corporate seal shall be affixed. The corporate address and state of 49 incorporation shall be shown below the signature. ,. 50 CITY OF FORT WORTH CONCRETE PAVING JOINT SEALANT 2015 i STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CGOI-537110-0202002 Revised November 27,2012 002113-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 2 partner,whose title must appear under the signature accompanied by evidence of 3 authority to sign. The official address of the partnership shall be shown below the 4 signature. 5 6 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 7 member and accompanied by evidence of authority to sign. The state of formation of 8 the firm and the official address of the firm shall be shown. 9 10 12.6. Bids by individuals shall show the Bidder's name and official address. 11 12 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 13 indicated on the Bid Form The official address of the joint venture shall be shown. 14 15 12.8. All names shall be typed or printed in ink below the signature. 16 17 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 18 which shall be filled in on the Bid Form. 19 20 12.10. Postal and e-mail addresses and telephone number for communications regarding the 21 Bid shall be shown. 22 23 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 24 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 25 to State Law Non Resident Bidder. 26 27 13. Submission of Bids 28 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 29 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 30 addressed to City Manager of the City,and shall be enclosed in an opaque sealed envelope, 31 marked with the City Project Number,Project title,the name and address of Bidder,and 32 accompanied by the Bid security and other required documents. If the Bid is sent through the 33 mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope 34 with the notation"BID ENCLOSED"on the face of it. 35 36 14. Modification and Withdrawal of Bids 37 38 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 39 withdrawn prior to the time set for bid opening. A request for withdrawal must be 40 made in writing by an appropriate document duly executed in the manner that a Bid 41 must be executed and delivered to the place where Bids are to be submitted at any 42 time prior to the opening of Bids.After all Bids not requested for withdrawal are 43 opened and publicly read aloud,the Bids for which a withdrawal request has been 44 properly filed may,at the option of the City,be returned unopened. 45 46 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 47 time set for the closing of Bid receipt. 48 +� CITY OF FORT WORTH CONCRETE PAVING JOINT SEALANT 2015 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-537110-0202002 Revised November 27,2012 002113-8 t INSTRUCTIONS TO BIDDERS Page 8 of 9 1 15. Opening of Bids 2 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 3 abstract of the amounts of the base Bids and major alternates(if any)will be made available 4 to Bidders after the opening of Bids. 5 6 16. Bids to Remain Subject to Acceptance 7 All Bids will remain subject to acceptance for the time period specified for Notice of Award 8 and execution and delivery of a complete Agreement by Successful Bidder. City may,at _ 9 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 10 11 17. Evaluation of Bids and Award of Contract 12 - 13 17.1. City reserves the right to reject any or all Bids,including without limitation the rights 14 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 15 and to reject the Bid of any Bidder if City believes that it would not be in the best 16 interest of the Project to make an award to that Bidder,whether because the Bid is 17 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 18 meet any other pertinent standard or criteria established by City. City also reserves 19 the right to waive informalities not involving price,contract time or changes in the 20 Work with the Successful Bidder. Discrepancies between the multiplication of units 21 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 22 between the indicated sum of any column of figures and the correct sum thereof will 23 be resolved in favor of the correct sum. Discrepancies between words and figures 24 will be resolved in favor of the words. 25 26 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 27 among the Bidders,Bidder is an interested party to any litigation against City, 28 City or Bidder may have a claim against the other or be engaged in litigation, 29 Bidder is in arrears on any existing contract or has defaulted on a previous 30 contract,Bidder has performed a prior contract in an unsatisfactory manner,or 31 Bidder has uncompleted work which in the judgment of the City will prevent or 32 hinder the prompt completion of additional work if awarded. 33 34 17.2. City may consider the qualifications and experience of Subcontractors,Suppliers,and 35 other persons and organizations proposed for those portions of the Work as to which 36 the identity of Subcontractors,Suppliers,and other persons and organizations must 37 be submitted as provided in the Contract Documents or upon the request of the City. 38 City also may consider the operating costs,maintenance requirements,performance 39 data and guarantees of major items of materials and equipment proposed for 40 incorporation in the Work when such data is required to be submitted prior to the 41 Notice of Award. 42 43 17.3. City may conduct such investigations as City deems necessary to assist in the 44 evaluation of any Bid and to establish the responsibility,qualifications,and financial 45 ability of Bidders,proposed Subcontractors,Suppliers and other persons and 46 organizations to perform and furnish the Work in accordance with the Contract 47 Documents to City's satisfaction within the prescribed time. 48 49 17.4. Contractor shall perform with his own organization,work of a value not less than 50 35%of the value embraced on the Contract,unless otherwise approved by the City. 51 CITY OF FORT WORTH CONCRETE PAVING JOINT SEALANT 2015 . STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-537110-0202002 Revised November 27,2012 r 002113-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.5. If the Contract is to be awarded,it will be awarded to lowest responsible and 2 responsive Bidder whose evaluation by City indicates that the award will be in the 3 best interests of the City. 4 5 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 6 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 7 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 8 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 9 comparable contract in the state.in which the nonresident's principal place of 10 business is located. 11 12 17.7. A contract is not awarded until formal City Council authorization.If the Contract is 13 to be awarded,City will award the Contract within 90 days after the day of the Bid 14 opening unless extended in writing. No other act of City or others will constitute 15 acceptance of a Bid.Upon the contractor award a Notice of Award will be issued by 16 the City. 17 18 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 19 20 18. Signing of Agreement 21 When City issues a Notice of Award to the Successful Bidder,it will be accompanied by the 22 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 23 Contractor shall sign and deliver the required number of counterparts of the Agreement to 24 City with the required Bonds,Certificates of Insurance,and all other required documentation. 25 City shall thereafter deliver one fully signed counterpart to Contractor. 26 27 28 29 END OF SECTION CITY OF FORT WORTH CONCRETE PAVING JOINT SEALANT 2015 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGO1-537110-0202002 Revised November 27,2012 003513-1 CONFLICT OF INTEREST AFMAVrr Page 1 of 1 1 SECTION 00 3513 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder,offeror,or respondent(hereinafter also referred to as"you')to a City of Fort Worth 5 (also referred to as "City") procurement are required to complete Conflict of Interest 6 Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure 7 Statement(the attached CIS Form)below pursuant to state law.This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work.The referenced forms may be downloaded from the website links provided below. 10 11 b=://www.ethics.state.tx.us/forms/CIO.Rdf 12 13 htip://www.ethics.state.tx.us/forns/CIS.pdf 14 Y 15 Q CIQ Form is on file with City Secretary 16 17 Q CIQ Form is being provided to the City Secretary 18 19 Q CIS Form is on File with City Secretary 20 21 Q CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 27 By: 28 Company (Please Print) 29 30 Signature: Me 31 Address 32 33 Title: 34 City/StateMp (Please Print) 35 36 37 END OF SECTION CITY OF FORT WORTH ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONCRETE PAVING JOINT SEALANT 2015 Revised March 27,2012 GGO1-537110-0202002 dw an 003513-1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 1 1 SECTION 00 3513 2 CONFLICT OF INTEREST AFFIDAVIT �J 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 �e 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 httn://www.ethics.state.tx.us/forms/CIO.pdf 12 13 http://www.ethics.state.tx.us/forms/CIS.pdf 14 - 15 Q CIQ Form is on file with City Secretary 16 17 Q CIQ Form is being provided to the City Secretary 18 19 F-1 CIS Form is on File with City Secretary 20 21 [] CIS Form is being provided to'the City Secretary d 22 23 24 25 BIDDER: 26 `,L2 27 Cepsyvc. �tiy �orkBy: Jc1�,�.� '28 Company (Please Print) 29 30 SLi2a F1A 2-2--1�u Signature:�'L ��- 31 Address 32 %-4%-4 6::;1 Title: ViC c 34 City/State/Zip (Please Print) 35 36 37 END OF SECTION e CITY OF FORT WORTH ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONCRETE PAVING JOINT SEALANT 2015 Revised March 27,2012 GG01-537110-0202002 �i CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICELISEONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code Date Received by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local govemmental entity. Sc-R L' a las-�y�--�I•a�, C61--c_ 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has employment or business relationship. hj o" e- Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? F-1 Yes a No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes a No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes F-1 No D. Describe each employment or business relationship with the local government officer named in this section. a I Signature of person doing busi es with the governmental entity Date Adopted 06/29/2007 FI 00 41 00 }� BID FORM {I1r Page 1 of 3 i SECTION 00 4100 ■� BID FORM TO: The City Manager c/o:The Purchasing Department 1000 Throckmorton Street -I! City of Fort Worth,Texas 76102 Ike FOR: CONCRETE PAVING JOINT SEALANT 2015 AT VARIOUS LOCATIONS City Project No.: GG01-537110-0202002 Units/Sections: STREET IMPROVEMENT 1 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. i 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. l 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. 1 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. p 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 4 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. f 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. I 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. i 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 43 13_00 42 43_00 43 37_00 45 12_00 35 13 8k1 Proposal WorkbookAs 00 41 00 BID FORM Page 2 of 3 3. PFequalifieatkm ffiddeF 2Gknewledges that the fellewing weFk types must be peFfGFFned only by psequalified senti;artem and GUI3GGRtFaGtGF6.: de a. b. C. d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 180 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. S. 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) I. WepualifleatieR Statement,SeGfien.00 46 12 g.Conflict of Interest Affidavit,Section 00 35 13 'If necessary,CIO 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. •32 S(2)LX__). U(i 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective.estimated quantities shown in this proposal and then totaling all of the extended amounts. -Total "Bid ` t , $0.00 n�L'C F'�U SCS '•^tit �{�vL�1C1J14 �^il�v1 �Z, UW A) i CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 41 00 00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bld Proposal W orkbook.xls 4100 BIDD FORM Page 3 of 3 7. Bid Submittal This Bid is submitted on ;, M ttt,Da,lEe r� �=='by the entity named below. �.a Respectfully submitted, Receipt is acknowledged of + Initial the following Addenda: By: Addendum No.1: ( Ig ature) Addendum No.2: Addendum;No.3: Printed Name Here ? ' Addendum No.4: �k;t,�rintea Name) '—TL,�»,�M_•j�1�N Cfe VIcC Company fo'm.an hfarTle Here _ #Sl Vp-c_ Corporate Seal: Address Addyes }sere _ry Aiidiess MererorlSpace CA& G" State?Z±p Code State of Incorporation: Staty e e -._ „ Email �Your�mar(Address I ferr ""t't�f r� Sd� SoU.LO h� Phone:Y6 Ger erHerH $t^3`t�) 1 C!� END OF SECTION as CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 41 00_00 43 13L_00 42 43_00 43 37_00 4512_00 3513_Bid Proposal Workbook.xls .J i� 00 42 43 BID PROPOSAL Page 1 of 1 Ir gyp SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application u( Project Item Information Bidder's Proposal l0 Bidlist YR Item Description Specification Unit of Bid Unit Price Bid Value No Sectectionn NNo. Measure Quantity 9999.0000 Clean and Silicon Seal Existing Concrete (l� Pavement Joint(up tp 1!2"wide) 321373 LF 54,000 ,-10 2 9999.0000 Clean and Silicon Seal Existing Concrete 32 13 73 LF 75,000 "�,60 Pavement Joint(1/2"to 1"wide) Total Bid 3Z�,6oc ot: This project is to clean and silicon seal existing joints of concrete arterial streets at locations to be determined by the engineer. a 1 a CITY OF FORT WORTH STANDARD CONSMucnON SPECffTCAT10N DO(.UNJI MB " Form Revised 20120120 00 410000 43 1300 42 4300 43 3700 45 1200 35 13—Bid Proposal Workbookais 00 43 37 I� VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders.This law provides that,in order to be awarded a contract as low bidder,nonresident bidders(out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a -comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications.The failure of nonresident bidders to do so will automatically disqualify that bidder.Resident bidders must check the box in Section B. A. Nonresident bidders in the State of ,our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute Is attached. Nonresident bidders in the State of ,our principal place of business, are not required to underbid resident bidders. B. The principal place of business of ourf.ompany or our parent company or majority owner is in the State of Texas. tf� BIDDER: Company Name Here By:Printed Name Here Address Here Address Here or Space (Signature ) City,State Zip Code Here 21 c_�,1»�'' �/�T�--114 �e�,��� (ture Title:Title Here VCc�._�v�51�►*��' Date: 2— L r ^1 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal W orkbook.xis 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a),as amended,Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed*orf City 5 Project No.GGO1-539590-0202003 Contractor further certifies that,pursuant to Texas Labor 6 Code,Section 406.096(b),as amended,it will provide to City its subcontractor's certificates of 7 compliance with worker's compensation coverage. 8 9 CONTRACTOR: 1 111 �C►-�.�"�c�•i u�..� Cv-.-�r��- By.^i�or•,,�� 12 Company (Please Print) 13 14 �U�-O �M 221� Signalure:�,, 15 Address 16 -� 17 l�iL�l'ror� t X14 G�1 Title: V<< ��r�ic�•r-rl- 18 City/State/Zip (Please Print) 19 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF TARRANT § 24 25 BEFORE TME,the undersigned authority,on this day personally appeared 26 —rC+w�,c� M_ -3.4 1Jkc-- ,known to me to be the person whose name is 27 subscribed to the forego in instrument,and acknowledged to me that he/she executed the same as 28 the act and deed of_ L C�,iffir:C, a�-C . for the purposes and 29 consideration therein expressed and in the capacity therein stated. 30 31 GIVEN ui LER MY HAND AND SEAL OF OFFICE this 11 day of 32 �� ,201S 33 34 � n 35 DEANNA D WITZKOSKIq_- ---q. 36 . NOTARY PUBLIC Notary Public in and or the State of Texas State of Texas 37 ` Comm.Exp.02-10-2016 38 END OF SECTION 39 R CITY OF FORT WORTH CONCRETE PAVING JOINT SEALANT 2015 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-537110-0202002 Revised July I,2011 a ■ Ja- SC R Construction Co., Inc. General Contracting and Construction Services CORPORATE RESOLUTION On September 2,2013,the Board of Directors of SCR Construction Company Inc., met at the office of SCR Construction Co Inc., located at 5420 FM 2218, Richmond TX, 77469. At this meeting, it was RESOLVED by a quorum of the Directors of SCR Construction Co. Inc. that the following shall be,and hereby are, authorized to act on behalf of the Corporation, as its representatives in all business transactions. Thomas M. Jahnke(281-344-0700 x 103)tom@scrconstruction.com Robert Samples(281-830-2637)res.scr@gmail.com Bill Polniak(281-344-0700 x 110)bill@scrconstruction.com Tommy Ward(281-831-7696)tward@scrconstruction.com That the above resolution was unanimously ratified by the Board of Directors at said meeting and that the resolution has not been rescinded or amended and is now in full force and effect; and In authentication of the adoption of this resolution, I subscribe my name on this day of ;� , 20 i3 . corporate seal Randy J. RobertV Vice President & ecretary Comornle Offices 5420 FM 2218 Richmond, TX 77469 Phone 281.344.0700 Fax 281.344.0099 00 45 40-1 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page I of I 1 SECTION 00 45 40 2 MINORITY BUSINESS ENTERPRISE GOAL -.. 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is greater than $50,000, then the MBE subcontracting goal 5 may be applicable. If the total dollar value of the contract is $50,000 or less, the MBE 6 subcontracting goal is not applicable. 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 10 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 11 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 12 13 MBE PROJECT GOAL 14 The City's MBE goal on this project is 10% of the total bid (Base bid applies to Parks and 15 Community Services). Note: If both MBE and SBE subcontracting goals are established for this 16 project,then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be 17 deemed responsive. 18 19 COMPLIANCE TO BID SPECIFICATIONS 20 On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are 21 required to comply with the intent of the City's Business Diversity Ordinance by one of the 22 following: 23 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or -- 24 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 25 3. Good Faith Effort documentation,or; 26 4. Waiver documentation. 27 Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non- 28 responsive.Any questions,please contact the M/WBE Office at(817)392-6104. 29 30 SUBMITTAL OF REQUIRED DOCUMENTATION �. 31 The applicable documents must be received by the Managing Department, within the following 32 times allocated, in order for the entire bid to ybe considered responsive to the specifications. The 33 Offeror shall deliver the MBE dacumentation in person to the appropriate employee of the Managing 34 Department and obtain a date/time receipt. Such receipt shall be evidence that the City received the 35 documentation in the time allocated. A faxed co will not be ecce ted: 1. Subcontractor Utilization Form,if goal is met received by 5:00 p.m., five (5) City business days after or exceeded: the bid oEning date,exclusive of the bid opening date. a 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form,if participation is less than the bid 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 Utilization Form,if no MBE participation: the bid o ning date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form,if firm will received by 5:00 p.m., five (5) City business days after perform all subcontractin supplier work: the bid opening date,exclusive of the bid opening date. 5. Joint Venture Form,if utilizing a joint venture received by 5:00 p.m., five (5) City business days after to meet or exceed goal. the bid opening date,exclusive of the bid opening date. 36 END OF SECTION r CITY OF FORT WORTH CONCRETE PAVING JOINT SEALANT 2015 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-5371104)202002 Revised December 20,2012 i 005243-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT,authorized on JULY 21,2015 is made by and between the City of Forth 4 Worth, a Texas home rule municipality,acting by and through its duly authorized City Manager, 5 ("City"),and SCR CONSTRUCTION CO,INC.,authorized to do business in Texas,acting by 6 and through its duly authorized representative,("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1.WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 CONCRETE PAVING JOINT SEALANT 2015 16 City Project NO.GGO1-537110-0202002 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 180 days after the date when the 23 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 24 3.3 Liquidated damages 25 Contractor recognizes that time is of the essence of this Agreement and that City will 26 suffer financial loss if the Work is not completed within the times specified in Paragraph 27 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 28 General Conditions. The Contractor also recognizes the delays, expense and difficulties 29 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 30 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 31 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 32 City Six Hundred Fifty Dollars ($650.00) for each day that expires after the time 33 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 34 Acceptance. OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX CITY OF FORT WORTH CONCRETE PAVING JOINT SEALANT 2015 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-537110-0202002 Revised August 17,2012 005243-2 Agreement Page 2 of 4 35 Article 4.CONTRACT PRICE 36 City agrees to pay Contractor for performance of the Work in accordance with the Contract 37 Documents an amount in current funds of THREE HUNDRED TWENTY FIVE THOUSAND 38 DOLLARS AND ZERO CENTS($325,000.00). 39 Article 5.CONTRACT DOCUMENTS 40 5.1 CONTENTS: 41 A. The Contract Documents which comprise the entire agreement between City and 42 Contractor concerning the Work consist of the following: 43 1. This Agreement. 44 2. Attachments to this Agreement: 45 a. Bid Form 46 1) Proposal Form 47 2) Vendor Compliance to State Law Non-Resident Bidder 48 3) Prequalification Statement 49 4) State and Federal documents(project speck) 50 b. Current Prevailing Wage Rate Table 51 c. Insurance ACORD Form(s) 52 d. Payment Bond 53 e. Performance Bond 54 f. Maintenance Bond 55 g. Power of Attorney for the Bonds 56 h. Worker's Compensation Affidavit 57 i. MBE and/or SBE Commitment Form 58 3. General Conditions. 59 4. Supplementary Conditions. 60 5. Specifications specifically made a part of the Contract Documents by attachment 61 or, if not attached, as incorporated by reference and described in the Table of 62 Contents of the Project's Contract Documents. 63 6. Drawings. 64 7. Addenda. 65 8. Documentation submitted by Contractor prior to Notice of Award. 66 9. The following which may be delivered or issued after the Effective Date of the 67 Agreement and, if issued, become an incorporated part of the Contract Documents: 68 a. Notice to Proceed. 69 b. Field Orders. 70 c. Change Orders. 71 d. Letter of Final Acceptance. 72 73 OFFICIAL RECORD _ CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH CONCRETE PAVING JOINT SEALANT 2015 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-5371 I0-0202002 Revised August 17,2012 005243-3 Agreement Page 3 of 4 74 Article 6.INDEMNIFICATION 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 76 expense, the city, its officers, servants and employees, from and against any and all 77 claims arising out of, or alleged to arise out of,the work and services to be performed 78 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 79 under this contract. This indemnification provision is specifically intended to operate 80 and be effective even if it is alleeed or proven that all or some of the damages beine 81 sought were caused, in whole or in part, by any act, omission or neelieence of the city. 82 This indemnity provision is intended to include, without limitation, indemnity for 83 costs,expenses and legal fees incurred by the city in defending against such claims and 84 causes of actions. 85 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 87 the city,its officers,servants and employees,from and against any and all loss,damage 88 or destruction of property of the city,arising out of,or alleged to arise out of,the work 89 and services to be performed by the contractor, its officers, agents, employees, 90 subcontractors, licensees or invitees under this contract. This indemnification 91 provision is specifically intended to operate and be effective even if it is alleeed or 92 proven that all or some of the damages being sought were caused, in whole or in part, 93 by any act,omission or negligence of the city. 94 95 Article 7.MISCELLANEOUS 96 7.1 Terms. 97 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 98 have the meanings indicated in the General Conditions. 99 7.2 Assignment of Contract. 100 This Agreement, including all of the Contract Documents may not be assigned by the 101 Contractor without the advanced express written consent of the City. 102 7.3 Successors and Assigns. 103 City and Contractor each binds itself, its partners, successors, assigns and legal 104 representatives to the other party hereto, in respect to all covenants, agreements and 105 obligations contained in the Contract Documents. 106 7.4 Severability. 107 Any provision or part of the Contract Documents held to be unconstitutional, void or 108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 109 remaining provisions shall continue to be valid and binding upon CITY and 110 CONTRACTOR. 111 7.5 Governing Law and Venue. 112 This Agreement, including all of the Contract Documents is performable in the State of 113 Texas. Venue shall be Tarrant County, Texas, or the United S r the 114 Northern District of Texas,Fort Worth Division. OFFICIAL RECORD CITY SECRETARY FT. WORTH TX CITY OF FORT WORTH CONCRETE PAVINU JOINT ALANT 2015 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - 7110-0202002 Revised August 17,2012 005243-4 Agreement Page 4 of 4 115 7.6 Other Provisions. 116 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 117 classified, promulgated and set out by the City, a copy of which is attached hereto and 118 made a part hereof the same as if it were copied verbatim herein. 119 7.7 Authority to Sign. 120 Contractor shall attach evidence of authority to sign Agreement, if other than duly 121 authorized signatory of the Contractor. 122 123 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 124 counterparts. 125 126 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 127 Contractor: City of Fort Worth � By: BY: Assistant City Manager (Signature) Date c�' --1-T�o 1r-,45 M • .Jo►I-t Attest: (Printed Name) City Secretary � / (Seal) ® Title: V icc ���SiC�T� - ° Address: Sy Zd �P'� ZZ i �ti M&C Date: City/State/Zip: ��c.�,���oaC�h�'l�l(05 proved s to rm and Ley" 6-lo Date Douglas ck Assistant City Attorney 128 129 130 APPROVAL RECOMMENDED: 131 132 , I1• 133aj � (•-� ("1��7Y 134 Douglas 10 Wiersig, P.E. 135 DIRECTOR, 136 Transportation and Public WF OFFICIAL RECORD CITY SECRETARY i FT. WORTH, TX CITY OF FORT WORTH CONCRETE PAVING JOINT SEALANT 2015 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGO1-537110-0202002 Revised August 17,2012 Bond No. 58S208298 00 61 13-1 PERFORMANCE BOND Page I of 2 I SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, SCR CONSTRUCTION CO.INC.,known as"Principal"herein and 8 Liberty Mutual Insurance Company ,P a corporate surety(sureties,if more than 9 one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether one 10 or more),are held and firmly bound unto the City of Fort Words,a municipal corporation created 11 pursuant to the laws of Texas,known as"City"herein,in the penal sum of,THREE HUNDRED 12 TWENTY FIVE THOUSAND DOLLARS AND ZERO CENTS($325,000.00).lawful money 13 of the United States,to be paid in Fort Worth,Tarrant County, Texas for the payment of which 14 sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors 15 and assigns,jointly and severally,firmly by these presents. 16 WHEREAS,the Principal has entered into a certain written contract with the City 17 awarded the 21 day of JULY,2015,which Contract is hereby referred to and made a part hereof 18 for all purposes as if fully set forth herein,to furnish all materials,equipment labor and other 19 accessories defined by law,in the prosecution of the Work,including any Change Orders,as 20 provided for in said Contract designated as CONCRETE PAVING JOINT SEALNT 2015, 21 GGOI-537110-0202002 22 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 23 shall faithfully perform it obligations under the Contract and shall in all respects duly and 24 faithfully perform the Work, including Change Orders,under the Contract,according to the plans, 25 specifications, and contract documents therein referred to,and as well during any period of 26 extension of the Contract that may be granted on the part of the City,then this obligation shall be 27 and become null and void,otherwise to remain in full force and effect. 28 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 29 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 30 Worth Division. FOFFICIAL RECORD CRETARY TM, TX CITY OF FORT WORTH CONCRETE PAVING JOINT SEALNT 2015 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-537110-0202002 Revised July 1,2011 006113-2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code,as amended,and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 5th day of 6 August ,20 15 . 7 PRINCIPAL: 8 SCR Construction Co.,Inc. 9 10 11 BY: 12 Signature 13 ATTEST:14 `` 15 1 Ll o'�,t'. � cJ � 4,*C_ 16 (Principal)S Name and Title 17 18 Address: 5420 FM 2218 19 Richmond,TPxas 77469 20 21 C�O 22 Witness as to 23 SURETY: 24 Liberty Mutual Insurance Company 25 26 — --- 27 BY 29 Sharon Cavanaugh #193638 30 Attorney-in-Fact 31 T Name and Title `- 32 33 Address: 13201 Northwest Freeway-#600 34 ,1 mtistnn,Texas 7704;1- 35 36 37 ss is to 5 ety Sue Kohler Telephone Number: 713-744-1752 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 CONCRETE PAVING JOINT SEALNT 2015 STANDARD CONSTRUCTION SPECIFICATION DOCUMEN'T'S GG01-537110-0202002 Revised July 1,2011 Bond No. 585208298 0061 14-1 PAYMENT BOND Page 1 of 2 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, SCR CONSTRUCTION CO, INC., known as "Principal" herein, and 8 Liberty Mutual Insurance Company , a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of THREE HUNDRED TWENTY FIVE TROUSAND DOLLARS AND ZERO 13 CENTS ($325,000.00), lawful money of the United States, to be paid in Fort Worth, Tarrant 14 County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our 15 heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these 16 presents: 17 WHEREAS,Principal has entered into a certain written Contract with City, awarded the 18 21 day of JULY, 2015, which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other 20 accessories as defined by law,in the prosecution of the Work as provided for in said Contract and 21 designated as CONCRETE PAVING JOINT SEALANT 2015,GGO1-537110-0202002 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended)in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 LFT- WORTH, RECORD RETARY TX CITY OF FORT;:'ORTH CONCRETE PAVING JOINT SEALANT 2015 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-537110-0202002 Revised July 1,2011 0061 14-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the5_ thday of 3 Augus,.�,_�,.,..., 20 15 4 PRINCIPAL: SCR Construction Co. Inc ATTEST: BY: �'� Om— Signature (Principal)S Name and Title Address: 5420 FM 2218 Richmond,Texas 77M9 Witness as to Principal SURETY: Lib utual Insurance Company ATTEST: Signature V _ Sharon Cavanaugh #193639 f(, Attorney-in-Fact (Surety)Secretary ra#cine Hay Name and Title Address: 13201 Northwest Freeway,#600- Houston.Texas 77040 4as to S ety Sue Kohler Telephone Number: 713-744-1752 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 kECORD CITY SECRETARY FT. WORTH, TQC CITY OF FORT WORTH CONCRETE PAVING JOINT SEALANT 2015 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-537110-0202002 Revised July 1,2011 Bond No. 58S208298 0061 19-1 MAINTENANCE BOND Page I of 3 1 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we SCR CONSTRUCTION CO.INC.,known as"Principal"herein and 9 Liberty Mutual 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 THREE 13 HUNDRED TWENTY FIVE THOUSAND DOLLARS AND ZERO CENTS($325,000.00), 14 lawful money of the United States,to be paid in Fort Worth,Tan-ant County,Texas,for payment 15 of which sum well and truly be made unto the City and its successors,we bind ourselves,our 16 heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these 17 presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded 20 the 21 day of JULY,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 CONCRETE PAVING JOINT SEALANT 2015,GGO1-537110-0202002;and 25 26 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans,specifications and Contract Documents that the Work is and.will 28 remain free from defects in materials or workmanship for and during the period of two(2)years 29 after the date of Final Acceptance of the Work by the City("Maintenance Period");and 30 31 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the 33 Period. OFFICIAL RECORD 34 CITY SECRETARY FT.WORTH,TX CITY OF FORT WORTH CONCRETE PAVING JOINT SEALNT 2015 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-537110-0202002 Revised July 1,2011 006119-2 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 OFFICIAL RECORD CITY SECRETARY FT.WRTHI TX CITY OF FORT WORTH CONCRETE PAVING JOINT SEALNT 2015 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-537110-0202002 Revised July 1,2011 0061 19-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 5th day of August 3 20 15 . 4 5 PRINCIPAL: 6 SCR Construction Co.,Inc. 7 9 BY: 10 Signature 11 ATTEST:12 'I 13 �w *�- 14 (Principal)Se Name and Title 15 16 Address: 5420 FM 2218 17 Rirhmnnrl,Texas 77469 18 19 20 Witnessto Principal 21 SURETY: 22 LibertW Mutual Insurjapce Company 23 _ 24 25 BY. 26L-"Si�nae 27 Sharon Cavanaugh #193638 28 Attorney-in-Fact - 29 ATTEST: Name and Title 30 31glallk Address: 13201 Northwest Freeway,X600 32 (S ty)Secretary ran a ay Hnrnstnn,Texas 7704(1 33 34 35 ltne to S ety Sue Kohler Telephone Number: 713-744-1752 36 37 *Note: signed by an of 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, 'NORTH, TX CITY OF FORT WORTH CONCRETE PAVING JOINT SEALNT 2015 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGO1-537110-0202002 Revised July 1,2011 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7035784 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company ,. POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the°Companiesl,pursuant to and by authority herein set forth,does hereby name,oonsbUe • and appoint, Angela P.Hyle;Anthony C.Gruppo;Beverly A.Ireland;C.W.Adams;David R.Groppell;Francine Hay;Kurt A.Risk;Misty D.Amaya; Roxanne G.Hebert;Sharen Groppell;Sharon Cavanaugh;Sue Kohler all of the city of Houston state of TX I I_ each individually if there be more than one named,its true and lawful adomey-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,reoognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 24th day of Juror 2015 Pp1D CAS& �SY INS& VWSup ,,Ir,suq American Fire and Casualty Company 11 F, q JP p ok;.9y tiJP +` +rq'y� `k,P cnA��'t'nI Fo�L The Ohio Casualty Insurance Company I • a 1906 0 0 1919 ° Liberty Mutual Insurance Company I D o Q� o y 1912 1991 ab W = WestAmerican Insurance Company i , � �L(•b K'kAM1 *�a J�y�kAMPS� � By. (/ I STATE OF PENNSYLVANIA ss David M.Care ,Assistant Secretary COUNTY OF MONTGOMERY I so On this 24th day of June 2015. before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretary of American Fire and v F J m Casually Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, >J execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c i IN WITNESS WHEREOF,I have hereunto subscribed m name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year fust above written. O I pgsr COMMONWEALTH OF PENNSYLVANIA 02.O Q, �Mor+w�F<� Notarial Seal r,� c= v Teresa Pastella,Notary Public By: L,� ` of Plymouth Up.,Montgomery CountyTeresa Pasttaga,tdotery Pclblic d`P My Commission Expires March 28,2017 b GLVI Member,Pennsylvania Association of Notaries 0 , FWfyW" 42 This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance Mg Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: e e a O ARTICLE N-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject 01 +1 to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, .+ C acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fad,subject to the limitations set forth in their respective p powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so p tp executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fad under > the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. m A {e c ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, e m and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fad,as may be necessary to act in behalf of the Company to make,execute, E D = seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their c< C v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v 4 executed such instruments shall be as binding as if signed by the president and attested by the secretary. p Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attomeWn- ~ fad as may be necessary to ad on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. d t,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby oerttty that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of0 . D CAS P� NSJ�JP�iNSU� T a 1906 p o 1919 n > 1912 ° < 1991 By: 6N.vaAVaAD ody h'nMes�e�aa �mi,''lr 2 N IANC <2Gregory W.Davenport,Assistant Secretary PIN A H�> OFFICIAL RECORD A CITY SECRETARY FM FT. WORTH,TX 59 of 500 LMS_12873_122013 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Lib►ert� Mutual. Important Notice TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT: You may write to Liberty Mutual Surety at: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(&-tdi.state.tx.us Premium or Claim Disputes Should you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Attach This Notice To Your Policy: This notice is for information only and does not become a part or condition of the attached document. LMIC-3500 Page 1 of 2 Rev.7.1.07 Liberty Mutual. NOTIFICACION IMPORTANTE PARA OBTENER INFORMACION O REALIZAR UNA QUEJA: Usted puede escribir la notificacion y dirigirla a Liberty Mutual Surety en la siguiente direccion: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 Usted puede contactar al Departamento de Seguros de Texas para obtener informacion acerca de las compafiias, coberturas, derechos o quejas: 1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas a la siguiente direcci6n: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: hfp://www.tdi.state.tx.us E-mail: ConsumerProtection(D_tdi.state.tx.us Disputas acerca de primas o reclamos En caso de que usted quiera elevar una disputa concerniente al tema de primas, por favor contacte en primer lugar a su agente. Si el tema de la disputa es relativo a un reclamo, por favor contacte a la compahia de seguros en primer t6rmino. Si usted considera que la disputa no es apropiadamente resuelta en estas instancias, entonces usted puede contactar al Departamento de Seguros de Texas.. Adjunte esta notificacion a su pbliza: Esta notificacion es a los solos fines de su informacion y la misma no forma parte o condiciona de manera alguna el documento adjunto. LMIC-3500 Page 2 of 2 Rev.7.1.07 0 DATE ACS R" CERTIFICATE OF LIABILITY INSURANCE 8/19/2(M015 D ) 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: Shanae Roberts Bowen, Miclette&Britt Insurance Agency, LLC PH .713-880-7100 FAX. ONE 713-880-7166 1111 North Loop West E- AIL Suite 400 M .certificates@bmbinc.com Houston TX 77008 INSURERS AFFORDING COVERAGE NAIC 0 INSURERA:TWIn City Fire Insurance Company 29459 INSURED SCRCONSTRU INSURERB:Texas Mutual Ins. Co. 22945 SCR Construction Co., Inc. INSURER C:Hartford Underwriters 30104 5420 FM 2218 INSURERD:Starr Indemnity&Liability Company 38318 Richmond TX 77469 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:924476416 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUEIR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR IND WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY C X COMMERCIAL GENERAL LIABILITY Y Y 61CQT1510 4/1/2015 4/1/2016 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X�OCCUR DAMA T NTED PREMISES Ea occurrence $300,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY a ECT F7.LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y 61UENQT2304 4/1/2015 4/1/2016 OM13INFI)SINGLE LIMIT Ea accident $1,000,000 X ANYppAUTO BODILY INJURY(Per person) $ AUTOS NED SCHEDULED BODILY INJURY(Per accident) $ AUTOS X HIRED AUTOS Ix NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident $ D UMBRELLA LIAB X OCCUR Y Y 1000021655 4/1/2015 4/1/2016 EACH OCCURRENCE $5,000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ B WORKERS COMPENSATION Y TSF000142666 4/1/2015 4/1/2016 X X AND EMPLOYERS'LIABILITY STATUTE ERH YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? �N N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below I I I I E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached It more space Is required) The following policy provisions and/or endorsements form part of the policies of insurance represented by this certificate of insurance. The terms contained in the policies and/or endorsements supersede the representations made herein. Electronic copies of the policy provisions and/or endorsements listed below are available by emailing: certificates@bmbinc.com General Liability: Blanket additional insured Ongoing Operations per form#HS 24 80 07 13 See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort worth ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton St Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE , ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: SCRCONSTRU LOC#: ACORL> ADDITIONAL REMARKS SCHEDULE Page,_ of AGENCY NAMED INSURED Bowen, Miclette&Britt Insurance Agency, LLC SCR Construction Co., Inc. P 5420 FM 2218 POLICY NUMBER Richmond TX 77469 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Blanket additional insured Completed Operations per form#HS 24 80 07 13 Blanket waiver of subrogation per form#HG 00 01 06 05 Blanket primary/non-contributory per form#HG 00 01 06 05 Automobile: Blanket additional insured per form#HA 99 16 03 12 Blanket waiver of subrogation per form#HA 99 16 03 12 Worker's Compensation: Blanket waiver of subrogation per form#WC420304A Umbrella: Blanket additional insured perform#XS-100(10-08) Blanket waiver of subrogation per form#XS-100(10-08) Blanket primary/non-contributory per form#XS-100(10-08) Project Reference: Concrete Paving Joint Sealant 2015 Proj. GG01-537110-0202002 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 61 CQT1510 it THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - OPTION I This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Designated Projects)Or Locations) Or Organ IzationOf Covered Operations; Information required to complete this Schedule. if not shown above. will be shown in the Declarations. A. With respect to those person(s) or crganization(s) (3) In connection with "your work" for the shown in the Schedule above when you have additional insured at the project(s) or agreed in a written contract or written agreement localion(s) designated in the Schedule to provide insurance such as is afforded under this and included within the "products- policy to them. Subparagraph f., Any Other completed operations hazard". but only if: Party, under the Additional Insureds When (a) The written contract or written Required By Written Contract, Written agreement requires you to provide Agreement Or Permit Paragraph of Section II — such coverage to such additional Who Is An Insured is replaced with the following. insured at the project(s) or location(s) f. Any Other Party designated in the Schedule. and Any other person or organization who is not (b) This Coverage Part provides an insured under Paragraphs a. through e. coverage for "bodily injury" or above, but only with respect to liability for "property damage" included within the "bodily injury", "property damage"or"personal "products-completed operations and advertising injury" caused, in wihole or in hazard". part, by your acts or omissions or the acts or The insurance afforded to the additional omissions of those acting on your behalf, insured shown in the Schedule applies: (1) In the performance of your ongoing (1) Only if the "bodily injury" or "properly operations for such additional insured at damage" occurs, or the "personal and the project(s) or locaton(s) designated in advertising injury"offense is committed. the Schedule; (a) During the policy period, and (2) In connection with your premises owned (b) Subsequent to the execution of such by or rented to you and shown in the written contract or written agreement, Schedule:or and Form HS 24 80 07 13 Page 1 of 2 G, 2013, The Hartford (Includes copyrighted material of Insurance Services Office, Inc.,with its permission ) 61CQT1510 (c) Prior to the expiration of the period of When You Add Others As An Additional time that the written contract o,written Insured To This Insurance agreement requires such nsurance (a) Primary Insurance When Required By be provided to the additional insured Contract (2) Only to the extent permitted by law. and This insurance is primary if you have agreed (3) Will not be broader tian that which yoj in a written contract or written agreement that are required by the written contract or this insurance be primary If other insirance writer) agreement to provide for such is also primary, we will share with all that additional insured. ether insurance by the method described in With respect to the insurance afforded to the Paragraph (c)below. This insurance does not person(s)or organizations) that are additional apply to other insurance to which the insureds under this endorsement, the additional insured In the Schedule has been following additional exclus on applies. added as an additional insured. This insurance does not appy to "bodily (b) Primary And Non-Contributory To Other injury", -property damage" or "personal and Insurance When Required By Contract advertising injury" arising out of the rendering This insurances primary to and will not seek of, or the failure to render, any professional contribution from any other insurance architectural, engineering or surveying available to an additional insured under your services, including, policy provided that: (1) The preparing. approving, or fa ling to (i) The additional insured in the Schedule is prepare or approve msps, shop drawings, a Named Insured under such other opinions, reports, surveys, field orders, insurance; and change orders, designs or specifications; (tt) You have agreed In a written contract or or written agreement that this ins_,rance (2) Sucery sory, mspeclinn, architectural or wou d be primary and would not seek engineering activities contribution from any other ins-rance The limits of insurance that apply to the additional ava lab,e to the additional insured in the insured shown in the Schedule are described in the Schedule Limits Of Insurance section, (c) �Iethod Of Sharing How this insurance applies when other insurance is If all of the other insurance permits available to the additional insured is described in the contribution by equal shares, we will follow Other Insurance Condition in Section IV — this method also Under this approach, each Commercial General Liability Conditions, except as insurer contributes equal amounts until it has otherwise amended below. paid its applicanle limit of insurance or none of B. With respect to insurance provided to the the loss remains,whichever comes first. person(s) or organization(s) that are additional If any of the other insurance does not permit insureds under this endorsement, the When You contribution by equal shares, we will Add Others As An Additional Insured To This contribute by limits Under (his method. each Insurance subparagraph, under the Other insurer's share is based on the ratio of its Insurance Condition of Section IV—Commercial applicable limit of insurance to the total General Liability Conditions is replaces with the applicable limits of insurance of all insurers. following. All other terms and conditions in the policy remain unchanged, Page 2 of 2 Form HS 24 80 07 13 ACCORDO® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 8/6/2015 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 ), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS AIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does n t confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Shanae Roberts Bowen, Miclette&Britt Insurance Agency, LLC PHONE .713-880-7100 "" 713-880-7166 1111 North Loop West E-MAIL certificates@bmbinc.com Suite 400 Houston TX 77008 INSURERS AFFORDING COVE E NAIC a INSURERA:TWIn City Fire Insurance Co any 29459 INSURED SCRCONSTRU INSURERB:Texas Mutual Ins. Co. 22945 SCR Construction Co., Inc. INSURER C:Hartford Underwriters 30104 5420 FM 2218 INSURERD:Starr Indemnity 8r Liabi)Ay Company 38318 Richmond TX 77469 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:715112704 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INS RED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OT R DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DES RIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID LAIMS. INSR TYPE OF INSURANCE POLICY EFF P CY EXP LIMITS LTR INSD WVD POLICY NUMBER MWDD/YYYY M DD/YYYY C X COMMERCIAL GENERAL LIABILITY Y Y 61CQT1510 4/1/2015 /1/2016 EACH OCCURRENCE $1,000,000 A6E ToRENTED CLAIMS-MADE X1 OCCUR A PREMISES Ea occurrence $300,000 MED EXP(Any one person) $5,000 PERSONAL S ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 JE� LOC PRODUCTS-COMP/OP AGG $2,000,000 POLICY[K] OTHER: $ A AUTOMOBILE LIABILITY Y Y 61UENQT2304 4 /2015 4/1/2016 C MBINED SINGLE LIMIT $ Ea accident 1,000,000 X ANY AUTO p BODILY INJURY(Per person) $ AUTOSNED AUTOSULED BODILY INJURY(Per accident) $ X HIREDAUTOS X NON-OWNED $ AUTOS Per accid nt $ D UMBRELLA LIAB X OCCUR Y Y 1000021655 4/1/2015 4/1/2016 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ , B WORKERS COMPENSATION Y TSF000142666 4/1/2015 4/1/2016 X PER X 'ERT' H- AND EMPLOYERS'LIABILITY Y/NANY STATUTE ER OFFICER/MEMBER EXCLUDED PROPRIETOR/PARTNER/EXECUTIVEFIN N/A E.L.EACH ACCIDENT $1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $1,000,000 If Ese under CDRIPTIONOFOPERATIONSbelow E.L.DISEASE-POLICY LIMIT 1$1,000,000 I z I I I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional marks Schedule,may be attached H more space Is required) The following policy provisions and/or endorsements form p rt of the policies of insurance represented by this certificate of insurance. The terms contained in the policies and/or endorsements super ede the representations made herein. Electronic copies of the policy provisions and/or endorsements listed below are available by emalli : certificates@bmbinc.com General Liability: Blanket additional insured Ongoing Operations per fo #HS 24 80 07 13 See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton St Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: SCRCONSTRU LOC#: ACC?J?® ADDITIONAL REMARKS SCHEDULE Page 1_of AGENCY NAMED INSURED Bowen, Miclette&Britt Insurance Agency, LLC SCR Construction Co., Inc. -- - - 5420 FM 2218 POLICY NUMBER Richmond TX 77469 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Blanket additional insured Completed Operations per form#HS 24 80 07 13 Blanket waiver of subrogation per form#HG 00 01 06 05 . Blanket primary/non-contributory per form#HG 00 01 06 05 Automobile: Blanket additional insured per form#HA 99 16 03 12 Blanket waiver of subrogation per form#HA 99 16 03 12 Worker's Compensation: Blanket waiver of subrogation per form#WC420304A Umbrella: Blanket additional insured per form#XS-100(10-08) Blanket waiver of subrogation per form#XS-100(10-08) Blanket primary/non-contributory per form#XS-100(10-08) Project Reference: Concrete Paving Joint Seal 2015 ACORD 101(2008101) ®2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 51 COT1510 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - OPTION I This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Designated Project(s)Or LoGation(s) Or Organ Izations : Of Covered Operations: Information required to complete this Schedule it not shown aDovo will be shown in the Declarations. A. With respect to those person(s) or orgenization(s) (3) In connection with "your work' for the shown in the Schedule above when you have additional insured at the projecl(s) or agreed in a written contract or written agreement location(s) designated in the Schedule to provide insurance such as is afforded under this and included within the "products- policy to there, Subparagraph f., Any Other completed operations hazard',but only if: Party, under the Additional Insureds When (a) The written contract or written Required By WritEen Contract, Written agreement requires you to provide Agreernent Or Permit Paragraph of Section II — such coverage to such additional Who Is An Insured is replaced with the following. insured N the project(s) or Iocabon(s) E Any other Party designated in the Schedule.and Any other person or organization who is not (b) This Coverage Part provides an insured under Paragraphs a. through e. coverage for "bodily injury" or above, but only with respect to liability for "properly damage"included within the "bodily injury","property damage"or'personal 'products complated operations and advertising injury" caused, in whole or in hazard'. part, by your acts or omissions or the acts or The insurance afforded to the additional omissions of those acting on your behalf. insured shown in the Schedule applies: (1) In the performance of your ongoing (1) Only if the 'bodily iryury" or "property operations for such additional insured at damage" occurs, or the "personal and the project(s) or localion(s) designated In advertising injury'offense is committed. the Schedule; (a) poring the policy period: and (2) In connection with your premises owned (b) Subsequent to the execution of such by or rented to you and shown in the Schedule;or written contract or written agreement; and Form HS 24 80 07 13 Pagel of 2 ® 2013.The Hartford (Includes copyrighted material of Insurance Services Office, Inc.,with its permission) 61 COT1510 (c) Prior to the expiration of The period of When You Add ethers As An Additional time that the written contract or written Insured To This Insurance agreement requires such insurance (a) Primary Insurance When Required By be provided to the additional insured. Contract (2) Only to the extent permitted by law;and This insurance is primary if you have agreed (3) Will not be broader than that which you in a written contract or written ag-eement that are required by the written contract or this insurance be primary. It other insurance written agreement to provide for such is also primary, we will share with all that additional insured other insurance by the method described in With rasped to the insurance afforded to the Paragraph(c)below This insurance does not person(s)or organization(s)that are additional apply to other insurance to which the insureds under this endorsement, the additional insured in the Schedule has been following additional exclusion applies. added as an additional insured. This insurance does not apply to "bodily (b) Primary And Non-Contributory To Other injury`, 'property damage" or "personal and Insurance When Required By Contract advertising injury' arising out of the rendering This insurance is primary to and will not seek of, or the failure to render, any professional contribution from any other insurance architectural, engineering of surveying available to an additional insured under your services,Including: policy provided that. (1) The preparing, approving, or tailing to (i) The additional insured in the Schedule is prepare or approve maps, shop drawings, a Named Insured under such other opinions, reports, surveys, field orders, insurance;and change orders, designs or specifications; (ll) You have agreed in a written contract or or written agreement that this insurance (2) Supervisory, inspection, architectural or would be primary and would not seek engineering activities. contribution from any other insurance The limits of insurance that apply to the additional available to the additional insured in the Insured shown In the Schedule are described In the Schedule. Limits Of Insurance section. (c) )l4letfiod Of Sharing How this insurance applies when other insurance is N all of the other insurance permits available to the additional insured is described in the contribution by equal shares, we will follow Other Insurance Condition in Section IV — this method also. Under this approach, each Commercial General Liability Conditions, except as insurer contributes equal amounts until It has otherwise amended below. paid its applicable limit of insurance or none of B. With respect to insurance provided to the the loss remains,whichever comes first. person(s) or orgenization(s) that are additional H any of the other insurance does not permit insureds under this endorsement, the When You contribution by equal shares, we will Add Others As An Additional Insured To This contribute by limits. Under this method, each Insurance subparagraph, under the Other Insurer's share is based an the ratio of its r Insurance Condition of Section IV—Commercial applicable limit of Insurance to the total General Liability Conditions is replaced with the applicable limits of insurance of all insurers. following-. All other terms and conditions in the policy remain unchanged. Page 2 of 2 Form HS 24 80 0713 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT MY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decwba21,2012 li STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology....................................:.....................................................................l 1.01 Defined Terms...............................................................................................................................l 1.02 Terminology..................................................................................................................................6 Article 2—Preliminary Matters........................................................................................................... .......7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3—Contract Documents: Intent,Amending,Reuse............................................................................8 3.01 Intent............................................................................... ..................8 ............................................. 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data.................................................................................................................. ..........11 Article 4—Availability of Lands; Subsurface and Physical Conditions;Hazardous Environmental Conditions;Reference Points...........................................................................................................11 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions..........................................................................................12 4.03 Differing Subsurface or Physical Conditions................................................... 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 Bands.......................................................................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 d% STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:De=rb r21,2012 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 a, 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 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..................... 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 CTP.'OF FORT WORTI' STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:De=n1w21,2012 Article 10-Changes in the Work; Claims;Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11-Cost of the Work;Allowances;Unit Price Work;Plans Quantity Measurement......................41 11-.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price;Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13-Tests and Inspections;Correction,Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects........................................................................................................................48 13.02 Access to Work...................................................................................................................:.......48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 �. 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article 15-Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dember21,2012 , - Article l7—Nfiscellaneous'--'---.------__-----------_-____-_'_-------_----------'---M2 17.01 Giving Notice..............................................................................................................................62 17]}2 Computation of Times................................................................................................................M2 17.03 Cumulative Remedies.................................................................................................................M2 l7.04Survival oJ Obligations--------'----'--'--.--------------'----------'------_----63 - 17.05 Headings-----._'--_--'---'---------'---'---'-.-_'-'---------'----'--'---'--'---'-M3 � - - ' �w OM � �p =� FM ��op��nORTI-I STANDARD CONSTRUCTION uPEcEFCATmmDOCUMENTS no*uouzm,i»xrz/.zou a 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. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form,if any,and the Bid Form with any supplements. 10. Business Day–A business day is defined as a day that the City conducts normal business, generally Monday through Friday,except for federal or state holidays observed by the City. 11.Buzzsaw–City's on-line,electronic document management and collaboration system. •- 12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decanber2l,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:Dwanbm2l,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. -y 30. Director of Transportation Public Works - The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly .� appointed representative,assistant,or agents. 31. Director of Water Department- The officially appointed Director of the Water Department of the City of Fort Worth,Texas,or his duly appointed representative,assistant,or agents. 32.Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective,but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34.Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work - Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents.Extra work shall be part of the Work. 36.Field Order—A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 37.Final Acceptance - The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dexntber2l,2012 00 72 00-1 General Conditions Page 4 of 63 38.Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements—Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42.Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43.Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44.Major Item–An Item of work included in the Contract Documents that has a total cost equal to or greater than 5%of the original Contract Price or$25,000 whichever is less. 45.Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48.PCBs Polychlorinated biphenyls. 49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50. Plans–See definition of Drawings. CnY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:De=Axr21,2012 F 007200-1 General Conditions Page 5 of 63 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52.Project—The Work to be performed under the Contract Documents. 53. Project Representative—The authorized representative of the City who will be assigned to the Site. 54.Public Meeting – An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55.Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.)as amended from time to time. 56.Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday(excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values—A schedule,prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being fiunished 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. t 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) T 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. CHY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dwanbw21,2012 007200-I 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:Decenber2l,2012 +w� 00 7200-1 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:Down ber2l,2012 007200-1 General Conditions Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. wr 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 Jd! STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decanbc21,2012