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HomeMy WebLinkAboutContract 47387 CITY SECRETAW CONTRACT%O..._�L ff PROJECT MANUAL FOR THE CONSTRUCTION OF WATER & SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C PART 1; City Project No. 02434 D.O.E. No. 7378 File No. X-23157 Water Project No. P253-60817024343' Sewer Project No. 1`258-708170243483 Betsy Price David Cooke Mayor City Manager John Robert Carman Director, Water Department Prepared for The City of Fort Worth Water Department ►►sstR.Q1►►►►'►rM✓#p►►►►►�rif1► ► �Mlflu. i►'N's'►.i.y4hfW4 �.+► Baird,Hampton & Brown,Lnc '*, 97238 Engineering& urve in *• . 6300 Ridglea Place,Suite 700 > Fort Worth,Texas 76116 TBPE Firm#44 '07-22-2015 'T"BPLS Firm# 10011300 i i „ f iN �' r x;, , FVORTWORTH PROJECT MANUAL FOR THE CONSTRUCTION OF WATER & SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C PART 1 City Project No. 02434 D.O.E. No. 7378 File No. X-23157 Water Project No. P253-608170243483 Sewer Project No. P258-708170243483 Betsy Price David Cooke Mayor City Manager John Robert Carman Director, Water Department Prepared for The City of Fort Worth Water Department . ... 2015 *: :* John Austin Baird .. .................`e... Baird, Hampton & Brown, Inc. ,�:. 97239 Engineering &Surveying /CENSSC-'* 6300 Ridglea Place,Suite 700 �ONAL�EN� Fort Worth,Texas 76116 TBPE Firm#44 07-22-2015 TBPLS Firm# 10011300 FORT WORTH. City of Fort Worth ................. ........................................................... Standard Construction Specification Documents Adopted September 2011 000000' / STANDARD CONSTRUCTION apsc/p/cAnomDOCUMENTS Page| m* SECTION 00 00 00 TABLE OFCONTENTS Division 00- General Conditions 8885 18 Mayor and Council Communication 0085 15 Addenda 88 || 13 Invitation to Bidders 0821 13 Instructions 0oBidders 0035 13 Conflict of Interest Affidavit 884| 88 Bid Form 084243 Proposal Form Unit Price 8843 13 Bid Bond 004337 Vendor Compliance io State Law Nonresident Bidder 8845 \ | BiddcoPncquu|iGuuiion`s 8845 12 Prcquu|iOu*innSiuicmcni 0045 13 Bidder Prequa|iGcuiionApplication 884526 Contractor Compliance with Workers'Compensation Law 004540 Minority Business Enterprise Goal 004541 Small Business Enterprise Goal 085243 Agreement 8861 13 Performance Bond 8861 14 Payment Bond 8861 lP Maintenance Bond 8861 25 Certificate ofInsurance 887288 General Conditions 087388 Supplementary Conditions Division 01 - General Requirements 8l l| 00 Summary ofWork U| 2588 Substitution Procedures 8| 3l lP PrcuonxirudionMeciinA 01 31 28 Project Meetings U| 32 16 Construction Progress Schedule 81 3233 PrcunnsiruuiionVidco 81 3388 Submittals 01 35 13 Special Project Proucdurcs 01 45 23 Testing and Inspection Services 8| 588O Temporary Facilities and Controls 81 55 26 Sin:ct Use Permit and Modifications tnTraffic Control 81 57 13 Storm Water Pollution Prevention Plan Ul 58 13 Temporary Project SiAnuQo 8| 6088 Product Requirements 81 6688 Product Storage and Handling Requirements 81 7008 Mobilization and Romobilizution 81 71 23 Construction Staking and Survey 0| 7423 Cleaning Ui 77 |Q Closeout Requirements O| 7823 Operation and Maintenance Data 81 7839 Project Record Douumcntu cH'YoppoorWORTH uwncxaouw//uxrSa/raxxcrcac/a/sxrczm'rnucr2m5mxA4-cp""/ STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.m*3* Revised November z2.zo|3 000000-2 S I'ANDARD Cotqs nIM JCTION SPECIFICATION 11)(KI)MENTS Page 2 of 4 Technical Specifications which have been modified by the Engineer specifically for this Project; and copies are included in the ProJect's Contract Documents Division 32-Exterior Improvements 3201 18 Temporary Asphalt Paving Repair 32 11 33 Cement Treated Base Courses Technical Specifications listed below are included for this Project by reference and can be viewed/down loaded from the City's Ruzzsaw site at: esources/02%20- %20(�I.onsti-tiction%201)o��.irnenits/spg�Li CtK@jioiqs Division 02-Existing Conditions 0241 13 Selective Site Dernolition 0241 14 (hility Removal/Abandonment 0241 15 Paving Removal Division 03-Concrete 03 30 00 Cast-In-Place Concrete 0334 13 Controlled Low Strength Material(CLSM) 1 0334 16 Concrete Base Material for Trench Repair Division 31 ®Earthwork 31 23 16 (.Jnclassitied Excavation 31 25 00 Erosion and Sediment Control Division 32-Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 32 01 29 Concrete Paving Repair 32 1123 Flexible Base Courses 32 12 16 Asphalt Paving 32 13 13 Concrete Paving 32 1320 Concrete Sidewalks,Driveways and Barrier Free Ramps 32 1373 Concrete Paving Joint Sealants 32 1613 Concrete Curb and Gutters and Valley Gutters 32 1723 Pavement Markings 32 1725 Curb Address Painting, 3291 19 Topsoil Placement and Finishing of parkways 3292 13 Hydro.-Mulching,Seeding,and Sodding 329343 Trees and Shrubs Division 33-Utilities 33 01 30 Sewer and ManholeTesfing 33 01 31 Closed Circuit Television(CON)Inspection 3303 10 Bypass Pun-iping of Existing Sewer Systems 33 04 30 Temporary Water Services CffY OF FORT WORTH WA TER&MV17 AR Y SEWEWREPIA CEME1'TCONDUCT2015 WSM-C Pan I STANDARD CONSTRUCUON SPECIFICATION IX)CUMENTS CRY ProjeceNo,02434 Revised NovemIxi 22,2013 000000-3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 4 33 04 40 Cleaning and Acceptance Testing of Water Mains 33 0450 Cleaning of Sewer Mains 33 05 10 Utility Trench Excavation, Embedment,and Backfill 33 05 12 Water Line Lowering 33 05 13 Frame, Cover and Grade Rings 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 33 05 16 Concrete Water Vaults 33 05 17 Concrete Collars 33 0520 Auger Boring 33 05 22 Steel Casing Pipe 33 05 23 Hand Tunneling 33 0524 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 33 05 26 Utility Markers/Locators 33 0530 Location of Existing Utilities 33 11 05 Bolts,Nuts,and Gaskets 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings 33 11 12 Polyvinyl Chloride(PVC) Pressure Pipe 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 33 11 14 Buried Steel Pipe and Fittings 33 12 10 Water Services 1-inch to 2-inch 33 1220 Resilient Seated Gate Valve 33 1225 Connection to Existing Water Mains 33 1230 Combination Air Valve Assemblies for Potable Water Systems 33 1240 Fire Hydrants 33 1250 Water Sample Stations 33 1260 Standard Blow-off Valve Assembly Sewer 33 31 20 Polyvinyl Chloride(PVC)Gravity Sanitary Sewer Pipe 33 31 50 Sanitary Sewer Service Connections and Service Line 33 39 10 Cast-in-Place Concrete Manholes 33 3920 Precast Concrete Manholes 33 3960 Epoxy Liners for Sanitary Sewer Structures Division 3 - Transportation 3441 30 Aluminum Signs 3471 13 Traffic Control Appendix GC-4.02 Subsurface and Physical Conditions GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH IVA TER R SANITdRT SEIVER REPLACEMENT CON7"RACT 2015 W.SM--C fart I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised November 22,2013 M&C R.eview Page I of 4 Offidai site of the Oty of"Fort Warbi, Texas CITY COUNCILAGENDA Fouftmf COUNCIL ACTION: Approved on 12/15/2015-Ordinance No. 22018-12-2015 & 22019-12-2015 DATE: 12/15/2015 REFERENCE NO.: C-27576 LOG NAME: 6015WSMCP1 CIRCLEC CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of a Contract with William J.. Schultz, Inc. d/b/a Circle "C" Construction Company in the Amount of$960,625.00 for Water and Sanitary Sewer Replacement Contract 2015 WSM-C, Part 1 on Freddie Street, Fitzhugh Avenue, Avenue M and Avenue N, Provide for Project Costs and Contingencies in the Amount of$150,000.00 for a Project Total in the Amouint of$1,315,193.00 and Adopt Appropriation Ordinances (COl.JNClL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council-. 1,. Adopt the attached appropriation ordinances increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$850,965.00 and the Sewer Capital Projects Fund in the amount of$259,660.00 from available-funds-, and 2. Authorize the execution of a contract with William J. Schultz, Inc. d/b/a Circle "C" Construction Company in the amount of$960,625.00 for Water and Sanitary Sewer Replacement Contract 2015 WSM-C, Part 1.. DISCUSSION: On February 15, 2015 (MC C-27192), the City Council authorized an Engineering Agreement with Baird, Hampton & Brown, Inc., to prepare the plans and specifications for Water and Sanitary Sewer Replacement Contract 2015 WSM-C. This Mayor and Council COMMUnication is to authorize a construction contract for the replacement of the deteriorated water and/or sanitary sewer mains as indicated on the following streets; E: STREET FROM TO SCOPE OF WORK Freddie Street lFitzhugh Avenlue For:be:s:Street Water/Sew Fitzhugh Avenue Miller Avenue Water/Sewer Avenue M 113inkley Street Vauighn Boulevard Wafter Ev:e:nu=eN=Binkley Street L\ �aughn Boulevard Water The project was advertised for bid on July 23, 2015 and July 30, 2015 in the Fort Worth Star-Telegram. On August 20, 2015 the following bids were receive& ............. .... .... IF TIME OF BIDDER =�r?NT COMPLET ON btt].)://apps.ef�vi��iet.oi-g/counciI packet/mc review'.asp?]D=:21799&co irroc i.1 date=:12/15/2015 12/16/2015 M&C Review Page 2 of 4 William J. Schultz, Inc. dba Circle "C" $960,625.00]180 Calendar Days.] Construction Co. :]$1,081�,�66�_5 Woody Contractors, Inc. _6_6 Erk7Co7ntrac7ttii7ng Services, LLC Jackson Construction, Ltd. 1 K:,3:5:7,0 0 0=0 0 �Red Burns Brothers, Inc. F$1=,39=2,240 00 A& Construction and Utilities, Inc:=. E$f,6:0=4,5_76=_25 Atkins Brothers Equ�i�r�e_n�tCq, Inc. - $1:,9 9 2,7 0=0 (�O --JE In addition to the contract cost, $90,000.00 (water- $67,000.00, sewer: $23,000.00) is required for project management, inspection and material testing and $60,000.00 (water" $38,000.00, sewer: $22,000.00) is provided for project con-fingencies. Upon approval of this Mayor and Council Cornmunicaflon, appropriations for the Water and Sanitary Sewer Replacement Contract 2015 WSM-C, Part 1 Project will consist of the following; Description [!Wd, Hampton & Brown 1,9—,= Inc. _968�00 William J. Schultz, inc., dba Circle"C $ 960,625.00 "Construction Comp.99y Project Management, Inspection, Material $ '163,000,00 Testing and Contingencies Total Pro'ect Budget $19315,193.00 Construction is anticipated to commence in January 2016. With a contract time of 180 calendar days, the project is estimated to be complete by the end of June 2016. This project will have no impact on the Water Department Operating Budget, M/W'BE OFFICE -Wiliam J. Schultz., Inc. d/b/a Circle"C "Construction Company is in compliance with the City's BDE Ordinance by committing to five percent MBE participation and documenting good faith effort. Wilflam J. Schultz, Inc. dba Circle "C" Construction Company identified several subcontracting and supplier opportunities. However, the MBE's contacted' M the areas identified did not submit the lowest bids, The City's MBE goal on this project is eight percent, The Water and Sanitary Sewer Replacement Contract 2015 WSM-,C, Part 1 Project will consist of the following: ............. ........................... Existing Additional Revised Encumbrances Remaining FUND Appropriations Appropriations Appropriations and Balance Expenditures Water $178,142.00 $ 850,965.00 $1,029,107°00 $165,258.04 $ 863,848.96 Capital Projects,l htip:,//apps.cAvnet.or°g/councii,. p,icket/m.c review.asp?ID-.-::::::21799&councilda:te=12/1.5/2015 1.2/16/2015 M&CReviev,, Page 3 of 4. Fund' 5 59 1] 9601 Sewer Capital Projects $ 26,426.00 $ 259,660.00 $ 286,086.00 $ 25,114M $ 260,971.10 Fund 59607 P:ject ro $204,568.00 $1,110,625.00 $11,315,193.00 $190,3 $1,124,820.06 Tota The project is located in COUNCIL DISTR CT 5, Mapsco 78P and '76V. FISCAL INFO RMATION/C E IRTI FICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current capital budget., as appropriated, of the Water Capital Projects Fund and the Sewer Capital Projects Fund. The Fiscal Year 2016 Water Operating Budget includes rernaining appropriabons of$22,293,016.92 for the purpose of providing pay-as-you-go funding for capital projects. After this transfer for Fiscal Year 2016, the balance will be$21,442,051.92. The Fiscal Year 2016 Sewer Operating Budget includes rernaining appropriations of$24,884,709.92 for the purpose of providing pay-as-you go funding for capit.all projects. After this transfer for Fiscal Year 2016, the balance will be $24,625,049.92. ........................ Available Remaining Available Appropriation Transfer Fu d �pro Appropriation Amount Amount Water Remaining Available Appropriation Amount LA n:A nt Operating $22,293,016.,92 [$:850,965,.00 $21,442,051.92 (56001) Sewer L 625,04992 Operating $24,884„709�]$ 259,660M] (56001) 1"Total --- —$47�- 7]E7�—I��. - :6=2 -_-46,-6-6--7 :1 84 : 5.00'[_ .84 TO .... Account. ........ ...................... ................................---........................ ........................................... ............... nd Department Project Program Activity Budget Reference# Amount ID ID Year (Chartfield ............ ..................... ssa .............. ---------- ...... --_ ��Q,965.a0 59007 0700430 4956000.1-., CO2434 C01783 2016 $259,660.00 1.1-1-.............. -------------------- ............. -------- .................. FROM Fund b e-'p'a,r ti"n'e'n----t 4-c--c-o'uint Project Progirawrs Activity Budget Reference# Amount ID 305740010 CO2434 C01783 2016 $745965.00 .................... ........................................ ......................................--l-I..........-1......... ..................- . ....................I.............. ............. 07004.30 5740010 CO2434 C01783 201�6 00 .......................................................... ............ .............. Submitted fear.Q�Manajaqr:!--Offices --b y.'... Jay Chaps (6122) fit,t,p:/)',.ipps.cfwiiet.,ot-9/coi,,ij,icil,,,packet/inc-review,,asp?ll):,21799&cook i)date=12/15/201.5 12/16/2015 M&Cr Review Page 4 of 4 Originatinq Department Head: John Carman (8246) Additional Information Contact: Liam Conlon (6824) ATTACHMENTS 6015WSMCP1 CIRCLEC Ma 01. df 6015WSMCP1 CIRCLEC Map02.pdf 6015WSMCP1 CIRCLEC sewer Ord.docx 6015WSMCP1 CIRCLEC water Ord.docx http://apps.cfwnet.org/council_packet/ c_review.asp?ID=21799 councildate=12/15/2015 12/16/2015 0005 15-1 ADDENDUM I Page 1 of 2 1 SECTION 00 05 15 2 ADDENDUM NO. 1 3 CITY OF FORT WORTH 4 WATER DEPARTMENT 5 6 WATER&SANITARY SEWER REPLACEINIENT CONTRACT 2105,WSM-C PART 1 7 City Project No. 02434 8 DOE No. 7378 9 10 Addendum No. I Issue Datc: August 11,2015 11 Bid Receipt Date: August 20,2015 12 13 This addendum forms part of the contract documents referenced above and modifies the original 14 Contract Documents. Acknowledge receipt of this addendum by signing and attaching it to the 15 Contract Documents(inside). Note receipt of the Addendum in the Bid Proposal and on the outer 16 envelope of your bid. 17 18 19 SPECIFICATION: 20 21 Section 00 4100 Bid Form 22 4.1 --Contract duration has been revised to 160 days. 23 24 Section 00 42 43 Proposal Forin Unit Price 25 Unit I -- Added Bid Item 25 Construction Staking 26 Added Bid Item 26—Construction Survey 27 Unit 2— Added Bid Item 21 —Construction Staking 28 Added Bid Item 22—Construction Survey 29 30 Section 00 52 43—Agreement 31 3.2 Final Acceptance duration has been revised to 160 days. 32 33 Section 01 71 23—Construction Staking and Surveying 34 Section replaced in its entirely, 35 36 CITY OF FORT WORTH IYA TER&SANITARY SEWER REPLACF.MENTCONT)Z40'2015 WSAI-Clam I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Yo.02434 Rcviscd July 1,2011 00 05 15-2 ADDENDUM I Page 2 of 2 1 All other provisions of the contract documents,plans and specifications shall remain unchanged. 2 3 Failure to return a signed copy of the addendunt with the Proposal shall be grounds for rendering 4 die bid non-responsive. A signed copy of this addendurn shall be placed into the Proposal at the 5 time of bid submittal, 6 Water Department 7 John Robert Cannan 8 Rl.'CEIPT ACKNOWLEDGED: Director 9 10 By: .......... 11 Tony Sholola,P.E. 12 (.ornpany:.......... Engineering Manager(Water Dept.) 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION PITY OF rORT WORT H WA TER&SAMITAR 11 SEWER REPIA CEMENT r0N7IU(',"I*2015 WSH-C Pa"t I STANDARI)CONs,rRUCTION SVE"CIMATION MCUMEN'I'S Cky A-vjeca No,02434 Ravi sM Ady N,,201 t 0005 15- 1 ADDENDUM 2 Page 1 of 2 1 SECTION 00 05 15 2 ADDENDUM NO.2 3 CITY OF FORT WORTH 4 WATER DEPARTMENT 5 6 WATER&SANITARY SEWER REPLACEMENT CONTRACT 2105,WSM-C PART 1 7 City Project No. 02434 8 DOE No. 7378 9 10 Addendum No. 2 Issue Date: August 17,2015 11 Hid Receipt Date: August 20,2015. 12 13 This addendum forms part of the contract documents referenced above and modifies the original 14 Contract Documents. Acknowledge receipt of this addendum by signing and attaching it to the 15 Contract Documents(inside). Note receipt of the Addendum in the Bid Proposal and on the outer 16 envelope of your bid. 17 18 19 SPECIFICATION: 20 21 Section GC—6.07 Wage Rates 22 Section replaced in its entirety. 23 24 CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C Par!I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Prafea No. 021:34 Revised July 1,2011 000,515-2 ADDENDUM 2 Page 2 of 2 1 All other provisions of the contract documents,plans and specifications shall remain unchanged, 2 3 Failure to return a signed copy of the widendum, with the 11"roposall shall be grounds for rencleding 4 the bid non-responsive., A signed copy of this addendum shall be placed into the Proposal at the 5 time of bid submittal. 6 Water Depailment 7 John Robert Carman 8 RECEIPTACKNOWLEDGED: Director 9 10 By: (0 t, I I Tony Sholola,P.E. 12 Cornpany:__...... Engineering Manager(Water Dept.) 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION MY OF FORT WORTH WATER&-S4NrFAR Y SEWER REPI 4 CEMENT CONTRA CT 2015 WSM-C Parr I STANDARD C(M]RUCTION SPECIFICATM DOCUMENTS 01Y PYVujeCf NO,02134 Revised July 1„2011 00 11 13-1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of WATER&SANITARYSEWER REPLACEMENT 5 CONTRACT 2015 WSM-C Part 1, City Project No. 02434 will be received by the City of Fort 6 Worth Purchasing Office: 7 8 City of Fort Worth 9 Purchasing Division 10 1000 Throckmorton Street 1 I Fort Worth, Texas 76102 12 until 1:30 P.M. CST, Thursday, August 20"', 2015, and bids will be opened publicly and read 13 aloud at 2:00 PM CST in the Council Chambers. 14 15 GENERAL DESCRIPTION OF WORK 16 The major work will consist of the(approximate)following: Reconstruction of approximately 17 6000 LF of 8"water line and associated appurtenances; as well as the reconstruction of 18 approximately 1600 LF of sanitary sewer main and associated appurtenances. 19 20 PREQUALIFICATION 21 The improvements included in this project must be performed by a contractor who is pre- 22 qualified by the City at the time of bid opening. The procedures for qualification and pre- 23 qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. 24 25 DOCUMENT EXAMINATION AND PROCUREMENTS 26 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 27 of Fort Worth's Purchasing Division website at http://www.fortworthgov.orgZpurchasin and 28 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 29 Contract Documents may be downloaded, viewed, and printed by interested contractors and/or 30 suppliers. 31 32 Copies of the Bidding and Contract Documents may be purchased from: 33 Baird, Hampton&Brown, Inc. 34 6300 Ridglea Place, Suite 700 35 Fort Worth, TX 76116 36 37 The cost of Bidding and Contract Documents is: 38 Set of Bidding and Contract Documents with full size drawings: $80 39 Set of Bidding and Contract Documents with half size(if available)drawings: $50 40 41 PREBID CONFERENCE 42 A prebid conference will be held as described in Section 00 21 13 - INSTRUCTIONS TO 43 BIDDERS at the following location, date, and time: 44 DATE: August 5th 45 TIME: 9:00 am 46 PLACE: 31 1 W. 10'h Street 47 Fort Worth, Texas 76102 48 LOCATION: Water Department Conference Room 49 CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 0011 13-2 INVITATION TO BIDDERS Page 2 of 2 2 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 3 City reserves the right to waive irregularities and to accept or reject bids. 4 5 6 INQUIRIES 7 All inquiries relative to this procurement should be addressed to the following. 8 Attn: Liam Conkm,City of Fort Worth 9 Email: liam.coiilopi(�iyortworfl7lexay.gov 10 Phone: (817) 392-6824 11 AND/OR 12 Attn: Austin Baird,P.E.-Baird, hlamllon&Brown .Inc. 13 Email: abaird(k)bhbinc.com 14 Phone: (817) 3384277 15 16 ADVERTISEMENT DATES 17 July 23"d, 2015 18 July 30, 2015 19 END OF SECTION CITY OF FORT WORTH WA TER&SANITARY SEWER RFI'ZAC,'h'AIL��Arl'(,'ONTR,4C7'2015 WSM-C Part I STANDARD CONSTRUMION SPECIFICATION DOCUMENTS 09y Project Afo.02434 Revised July 1,2011 0021 13-1 INSTRUCTIONS TO BIDDERS Page I ol'9 I SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTR UCT IONS TO BIDDERS,which are defined in Section 00 72 6 00-GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INS]"RUCTIONS 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(.,,ontract Documents, 14 is 1.2.2. Nonresident,Bidder:Any person, firm,partnership, company,association,or 16 corporation acting directly through a duly authorized r-epresentative,submitting a 17 bid for performing the work contenaphiled 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 resl!)onsive 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 25 201.Neither City nor Engineer shall assume any responsibility for errors or rnisinterpretations 26 resulting from the Bidders use of iricomplete sets of Bidding Documents. 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. Prequalification of Bidders(Prime Contractors and Subcontractors) 33 34 3.1.All Bidders and their SUbcontractors are required to be prequalified for the work types 35 requiring prequali fication at the time of bidding.Bids received from contractors who are 36 not prequalified(even if inadvertently opened)shall not be considered. Prequalification 37 requirement work types and documentation are as fiollows: 38 39 3.1.1. Paving–Requirements document located at; 40 hqpsj/pj:qiectp iEt.buzzsaw.com/f6rtw(�)rtlyo,��/Res(,)tjrces/02-�/`���2�O- ._Q: 41 %20ConstruLction%2ODociiineiits/Contractor%20PLL2quLilification/"T'PW%20 LIqyin --g 42 %2()Contractor%201?E ualilicatiorr O 43 [JIREMENTS%20FOR%20PAVIN.G.,%20(.'ON,rIZACTORS,,,Pl.)F? ublic 44 45 3.1.2. Roadway and Pedestrian I-Jghting--Requirements document located at; 46 jAitjsL �Ljtpjegtp saw.co 6ortwortb sgurcesA02%20® pint.buz7 _&qy�RL .................................... ..................... 47 %20Construction%2ODoctinieti.t�s/Coniract�or�/�2OPregILalification/T'PW�/�2OEav ----.......... 48 %20(.'oritracto&/o2Ol!EgqgA!iff�A,ionO TLONO/4'10REQ ZjMPro-yrarn/PRE JALIFIC —2 ........ 6 QU — A- 49 1,11 REM EN TS%20FOR%20PA VING%2000NTR ACTORS.PQF?j)1LbI ic crry OF FORT WORTH WATER&—S UNITAR Y',ViXER REPLA CEMEWTCOAMRACT 201 5 WSH-CParl I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Cioi Project No.02434 Revised November 27,2012 0021 13-2 INSTRUC11ONSTO BIDDERS Page 2 of'9 2 3.1.3. Water and Sanitary Sewer Requirements document located at; 3 02%20- 4 %20Construction%20Documents/C o..ntractor%2.OPrequ,-ilif!cation/Water �20aj!id�/�`2 ................ 5 QSanitgr yLo20S VQQContractor%2T�Le %20 re �AerO _q_,,_ 6 quklO�LoM 7 8 9 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within 10 seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 11 45 11,BIDDERS PREQUA L]FICATIONS. 12 13 3.2.L Submission of and/or questions related to preq ual i ri cation should be addressed to 14 the City contact as pro v ided in Paragraph 6.1. is 16 17 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 18 bidder(s)for a project to submit such additional haformation as the City,in its sole 19 discretion may require, including but not limited to manpower and equipment records, 20 information about key personnel to be assigned to the project,and construction schedule, 21 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 22 deliver a quality product and successfully complete projects for the amount bid within 23 the stipulated time frame.Based upon the City's assessment of the submitted 24 information, a recommendation regarding the award of a contract will be made to the 25 City Council. Failure to submit the additional information,, if requested',may be grounds 26 for rejecting the apparent low bidder as non-responsive.Affected contractors will be 27 notified in writing of a recommendation to the City Council. 28 29, 3.4.In addition to prequalifi cation,additional requirements for qualification may be required 30 within various sections of the Contract Documents, 31 32 3.5. 33 34 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 35 36 4.1.Before submitting a Bid, each Bidder shall: 37 38 4.1.1. Examine and carefully study the Contract Documents and other related data 39 identified in the Bidding Documents(including"technical data"referred to in 40 Paragraph 4.2.below).No information given by City or any representative of the 41 City other than that contained in the Contract Documents and officially 42 promulgated addenda thereto,shall be binding upon the City. 43 44 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general,local and 45 site conditions that may affect cost,progress,performance or furnishing of the 46 Work. 47 48 4.1.3. Consider federal,state and local Laws and Regulations that may affect cost, 49 progress,performance or furnishing of the Work. 50 Cr Y OF FORTWOR'ni WA TER&,5ANHARMEWER l?k'l'IAC',r!,'AIFN7'C'ON7')ZA(T 201.5 WS'M-C Part I STANDARD CONSTRIA.110N SPECIFWATION DOCUMENTS City Prqject No.02434 ReAsed November 2.7,2052 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.4.Study all: (i) reports of explorations and tests of subsurface conditions at or 2 contiguous to the Site and all drawings of physical conditions relating to existing 3 surface or subsurface structures at the Site(except Underground Facilities)that 4 have been identified in the Contract Documents as containing reliable "technical 5 data" and (ii)reports and drawings of Hazardous Environmental Conditions, if any, 6 at the Site that have been identified in the Contract Documents as containing 7 reliable "technical data." 8 9 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 10 the information which the City will furnish. All additional information and data 11 which the City will supply after promulgation of the formal Contract Documents 12 shall be issued in the form of written addenda and shall become part of the Contract 13 Documents just as though such addenda were actually written into the original 14 Contract Documents. No information given by the City other than that contained in 15 the Contract Documents and officially promulgated addenda thereto, shall be 16 binding upon the City. 17 18 4.1.6. Perform independent research, investigations,tests, borings, and such other means 19 as may be necessary to gain a complete knowledge of the conditions which will be 20 encountered during the construction of the project. On request, City may provide 21 each Bidder access to the site to conduct such examinations,investigations, 22 explorations,tests and studies as each Bidder deems necessary for submission of a 23 Bid. Bidder must fill all holes and clean up and restore the site to its former 24 conditions upon completion of such explorations, investigations,tests and studies. 25 26 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 27 cost of doing the Work,time required for its completion, and obtain all information 28 required to make a proposal. Bidders shall rely exclusively and solely upon their 29 own estimates, investigation, research,tests,explorations,and other data which are 30 necessary for full and complete information upon which the proposal is to be based. 31 It is understood that the submission of a proposal is prima-facie evidence that the 32 Bidder has made the investigation, examinations and tests herein required. Claims 33 for additional compensation due to variations between conditions actually 34 encountered in construction and as indicated in the Contract Documents will not be 35 allowed. 36 37 4.1.8. Promptly notify City of all conflicts,errors, ambiguities or discrepancies in or 38 between the Contract Documents and such other related documents. The Contractor 39 shall not take advantage of any gross error or omission in the Contract Documents, 40 and the City shall be permitted to make such corrections or interpretations as may 41 be deemed necessary for fulfillment of the intent of the Contract Documents. 42 43 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 44 45 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 46 the site which have been utilized by City in preparation of the Contract Documents. 47 The logs of Soil Borings, if any, on the plans are for general information only. 48 Neither the City nor the Engineer guarantee that the data shown is representative of 49 conditions which actually exist. 50 CITY OF FORT WORTH WATER&.SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C'Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised November 27,2012 0021 13-4 INS1 R11 CTIONSTO BIDDERS Pape 4 of 9 1 4.22. those draivin&s of physical conditions in or relating to existing,surface and 2 subsurface structures(except 1,,Jnderground Facilities)which are at or contiguous to 3 the site that have been utilized by City in preparation of the Contract Documents. 4 5 4.2.3. copies of such reports and drawin&s will be made available by City to any Bidder 6 on request. Those reports and drawings may not be part of the Contract 7 Doct.1ments, but the"technical data"contait'ied therein upon which Bidder is entitled 8 to rely as provided in Paragraph 4.02.of the General Conditions has been identified 9 and established in I'laragraph SC 4.02 of the Supplementary Conditions, Bidder is 10 responsible for any interpretation or conclusion drawn from any "technical data"or I I any other data, interpretations,opinions or information. 12 13 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 14 that Bidder has complied with every requirement of this Paragraph 4,(H)that without 15 exception the Bid is premised upon performing and furnishing the Work required by the 16 Contract Documents and applying the specific means,methods,techniques,sequences or 17 procedures of construction(if any)that may be shown or indicated or expressly required 18 by the Contract Documents,(iii)that Bidder has given City written notice of all 19 conflicts,errors,ambigi iii ties and discrepancies in the Contract Documents and the 20 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 21 etc.,have not been resolved through the interpretations by City as described in 22 Paragy'aph 6,and(iv)that the Contract Documents are generally sufficient to indicate 23 and convey understanding of all terms and conditions for performing and furnist-iing the 24 Work. 25 26 4.4.The provisions of this paragraph 4,inclusive,do not apply to Asbestos, Polychlorinated 27 biphenyls(PCBs),Petrolewn,Hazardous Waste or Radioactive Material covered by 28 Para! aph 4.06.of the General Conditions,unless specifically identified in the(,'Ontract 29 Documents. 30 31 5. Availability of Lands for Work,Etc. 32 33 5.1.The lands upon which the Work is to be peribrnied,rights-of-way and easements for 34 access thereto and other lands designated fbr use by Contractor in perforrning the Work 35 are identified, in the Contract Docurnents. All additional lands and access thereto 36 required for temporary construction facilities,construction equipment or storage of 37 materials and equipment to be incorporated in the Work are to be obtained and paid for 38 by Contractor. Easements for permanent structures or pemianent changes in existing 39 facilities are to be obtained and paid for by City unless otherwise provided in the 40 Contract Documents. 41 42 5.2.Outstanding riglit-of'-way,easements,and/or permits to be acquired by the City are listed 43 in ParagTaph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 44 of-way,easements,and/or permits are not obtained,the City reserves the right to cancel 45 the award of contract at any time before the Bidder begins any construction work on the 46 project. 47 MY OF FORT WORT11 WA TER&SA N17A R Y S'EWER RE)ILA CEMENT(.,'0N71qA(7 2015 K'SM.-Cilart.I STANDARD CONSTRUCTION SPECIFICATION DOCUMEIM111., City Project No,024.34 Revised NqNember 2 7,2012 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 2 way, easements, and/or permits, and shall submit a schedule to the City of how 3 construction will proceed in the other areas of the project that do not require permits 4 and/or easements. 5 6 6. Interpretations and Addenda 7 8 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 9 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 10 received after this day may not be responded to. Interpretations or clarifications 11 considered necessary by City in response to such questions will be issued by Addenda 12 delivered to all parties recorded by City as having received the Bidding Documents. 13 Only questions answered by formal written Addenda will be binding. Oral and other 14 interpretations or clarifications will be without legal effect. 15 16 Address questions to: 17 18 City of Fort Worth 19 1000 Throckmorton Street 20 Fort Worth, TX 76102 21 Attn: Liam Conlon, Water Department 22 Email: liarn.conlon�forlworlhlexas.gov 23 Phone: (817) 392-682.1 24 25 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 26 City. 27 28 6.3.Addenda or clarifications may be posted via Buzzsaw at <Insert Link to Documents>. 29 30 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 31 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 32 Project. Bidders are encouraged to attend and participate in the conference. City will 33 transmit to all prospective Bidders of record such Addenda as City considers necessary 34 in response to questions arising at the conference. Oral statements may not be relied 35 upon and will not be binding or legally effective. 36 37 7. Bid Security 38 39 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 40 (5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 41 the requirements of Paragraphs 5.01 of the General Conditions. 42 43 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 44 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 45 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 46 default, rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 47 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 48 other Bidders whom City believes to have a reasonable chance of receiving the award 49 will be retained by City until final contract execution. 50 CITY OF FORT WORTH WA TER&SANITARYSEIVER REPIAC:'I h4h.'N7'f'ONTIZAC'7'2015 W:SM-C'Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02.134 Revised November 27,2012 0021 13-6 INSTRUCHONS TO BIDDERS Page 6 of 9 1 8. Contract Times 2 The number of days within which,or the dates by which,Milestones are to be achieved in 3 accordance with the General Requirements and the Work is to be completed and ready for 4 Final Acceptance is set forth in the Agreement or incorl,.)orated therein by reference to the 5 attached Bid Form. 6 7 9. Liquidated Damages 8 Provisions for liquidated damages are set forth in the Agreement. 9 10 10. Substitute and "Or-Equal" Items 11 The Conti-act,if awarded,will be on the is of materials and equipment described in the 12 Bidding Documents without consideration of possible substitute or"or equal" items. 13 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or"or- 14 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 15 City,application for such acceptance will not be considered by City until after the Effective 16 Date of the Agreement. The procedure for submission of any such application by Contractor 17 and consideration by City is set forth in Paragraphs 6,05A.,6.05B.and 6.05C. of the General 18 Conditions and is supplemented in Section 0125 00 of the General Requirernerus. 19 20 11. Subcontractors,Suppliers and Others 21 22 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 23 12-2011 (as arnended),the City has goals for the participation of minority business 24 and/or small business enterl)rises in City contracts.A copy of the Ordinance can be 25 obtained from the Office of the City Secretary.The Bidder shall submit the MBE and 26 S Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor 27 Waiver Form and/or Good Faith Effort Form with docurnentation and/or Joint 28 Venture Form as appropriate.The Forms including documentation must be received 29 by the City no later than 5:00 P.M.CST,five(5)City business days after the bid 30 opening date.The Bidder shall obtain a receipt from the City as evidence the 31 documentation was received.Failure to comply shall render the bid as non- 32 responsive. 33 34 11.2. No Contractor shall be required to employ any Subcontractor, Supplier,other person 35 or organization against whom Contractor has reasonable objection. 36 37 12. Bid Form 38 39 12.1. The Bid Form is included with the Bidding Documents;additional copies may be 40 obtained from the City. 41 42 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 43 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 44 the Bid Form, A Bid price shall be indicated for each Bid item,alternative,and unit 45 price item listed therein, In the case of optional alternatives,the words"No Bid," 46 "No Change," or"Not Applicable"may be entered.Bidder shall state the prices, 47 written in ink in both words and numerals, for which the Bidder proposes to do the 48 work contemplated or furnish materials required.All prices shall be written legibly. 49 In case of discrepancy between price in written words and the price in written 50 numerals,the price in written words shall govern. 51 CITY OF FORT WORTH WA TER&SANITARY SFWER REPLA C7E MENT C'ONTRACT 2015 WYM-4;Pare I STANDARD CONSTRUCTION SPECIFICA,rION DOCUMENTS City 1'roject No,02434 Revised November 27,2012 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.3. Bids by corporations shall be executed in the corporate name by the president or a 2 vice-president or other corporate officer accompanied by evidence of authority to 3 sign. The corporate seal shall be affixed. The corporate address and state of 4 incorporation shall be shown below the signature. 5 6 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 7 partner, whose title must appear under the signature accompanied by evidence of 8 authority to sign. The official address of the partnership shall be shown below the 9 signature. 10 11 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 12 member and accompanied by evidence of authority to sign. The state of formation of 13 the firm and the official address of the firm shall be shown. 14 15 12.6. Bids by individuals shall show the Bidder's name and official address. 16 17 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 18 indicated on the Bid Form. The official address of the joint venture shall be shown. 19 20 12.8. All names shall be typed or printed in ink below the signature. 21 22 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 23 which shall be filled in on the Bid Form. 24 25 12.10. Postal and e-mail addresses and telephone number for communications regarding the 26 Bid shall be shown. 27 28 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 29 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 30 to State Law Non Resident Bidder. 31 32 13. Submission of Bids 33 Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, 34 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 35 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, 36 marked with the City Project Number, Project title,the name and address of Bidder, and 37 accompanied by the Bid security and other required documents. If the Bid is sent through the 38 mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope 39 with the notation "BID ENCLOSED" on the face of it. 40 41 14. Modification and Withdrawal of Bids 42 43 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 44 withdrawn prior to the time set for bid opening. A request for withdrawal must be 45 made in writing by an appropriate document duly executed in the manner that a Bid 46 must be executed and delivered to the place where Bids are to be submitted at any 47 time prior to the opening of Bids. After all Bids not requested for withdrawal are 48 opened and publicly read aloud,the Bids for which a withdrawal request has been 49 properly filed may,at the option of the City, be returned unopened. 50 CITY OF FORT WORTH WATER ct ,SANITARY tiEWEI'i RI:I'I.AC.'Ir; MfiNTC'()N(li',SC:"7 2(11.5 W5"M 4;'Port 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ('try Project No.02 43 4 Revised November 27,2012 0021 13-8 INSI RUCTIONSTO BIDDERS Page 8 of 9 1 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 2 time set for the closing of Bid receipt. 3 4 15. Opening of Bids 5 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 6 abstract of the amounts of the base Bids and major altemates(if any)will be made available 7 to Bidders after the opening of Bids. 8 9 16. Bids to Remain Subject to Acceptance 10 All Bids will remain subject to acceptance for the time period specified for Notice of Award 11 and execution and delivery of a complete Agreement by Successful Bidder. City may,at 12 City's sole discretion,release any Bid and nullity the Bid security prior to that date. 13 14 17. Evaluation of Bids and Award of Contract 15 16 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 17 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 18 and to reject the Bid of any Bidder if City believes that it would not be in the best 19 interest of the Project to make an award to that Bidder,whether because the Bid is 20 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 21 meet any other pertinent standard or criteria established by City. City also reserves 22 the right to waive informalities not involving price,contract time or changes in the 23 Work with the Successful Bidder. Discrepancies between the multiplication of units 24 of Work and unit prices will be resolved in favor of the unit prices, Discrepancies 25 between the indicated sum of any column of figures and the correct sum thereof will 26 be resolved in favor of the correct sum. Discrepancies between words and figures 27 will be resolved in favor of the words. 28 29 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 30 among the Bidders,Bidder is an interested party to any litigation against City, 31 City or Bidder may have a claim against the other or be engaged in litigation, 32 Bidder is in arrears on any existing contract or has defaulted on a previous 33 contract,Bidder has performed a prior contract in an unsatisfactory manner,or 34 Bidder has uncompleted work which in the judgment of the City will prevent or 35 hinder the prompt completion of additional work if awarded. 36 37 17.2. City may consider the qualifications and experience of Subcontractors,Suppliers, and 38 other persons and organizations proposed for those portions of the or as to which 39 the identity of Subcontractors,Suppliers,and other persons and organizations must 40 be submitted as provided in the Contract Documents or upon the request of the City. 41 City also may consider the operating costs,maintenance requirements,performance 42 data and guarantees of major items of materials and equipment proposed for 43 incorporation in the Work when such data is required to be submitted prior to the 44 Notice of Award. 45 46 17.3. City may conduct such investigations as City deems necessary to assist in the 47 evaluation of any Bid and to establish the responsibility,qualifications,and financial 48 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 49 organizations to perform and furnish the Work in accordance with the Contract 50 Documents to City's satisfaction within the prescribed time. 51 CITY OF FORT WORITI WA TFR&SANTFAR Y SE WFR RE311A C'EMUTCONMA(77'2015 WNM-C Pare I STANDARD CONSTRUCTION SPE'CIFICATION DOCUMENTS City 1rgject No,02434 Revised November 27,2012 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.4. Contractor shall perform with his own organization, work of a value not less than 2 35%of the value embraced on the Contract, unless otherwise approved by the City. 3 4 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 5 responsive Bidder whose evaluation by City indicates that the award will be in the 6 best interests of the City. 7 8 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award 9 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 10 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 11 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 12 comparable contract in the state in which the nonresident's principal place of 13 business is located. 14 15 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 16 to be awarded, City will award the Contract within 90 days after the day of the Bid 17 opening unless extended in writing. No other act of City or others will constitute 18 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 19 the City. 20 21 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 22 23 1 . Signing of Agreement 24 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 25 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 26 Contractor shall sign and deliver the required number of counterparts of the Agreement to 27 City with the required Bonds, Certificates of Insurance, and all other required documentation. 28 City shall thereafter deliver one fully signed counterpart to Contractor. 29 30 31 32 END OF SECTION CITY OF FORT WORTH WATER R SANITARYSEIVER RIa'PLACE'MENT CONTRACT 2015 WSA<I-C Paarl I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Crry Projecl No.02434 Revised November 27,2012 0035 13 . . BID FORM Page 9ofS SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also referred to as "City") procurement are required tocomplete Conflict Of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) be/oxvpureuentto state |8vv. This affidavit will certify that the Bidder has oM file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may also be downloaded from the vvebeite links provided below. C|(] Form is on file with City Secretary |\ CI[l FD[Dl is being provided tO the City Secretary | l C|6 Form is OO File with City Secretary [l C|6 Form is being provided tm the City Secretary BUDDER: VVi||ienl J Schultz Inc DB/\ Circle C Construction Cmrn| By: Teresa 6 6he||y P{) Box 4O328 Signature: Fort Worth, Texas Title: NceP[e8-6Ot END OF SECTION CITY 0p FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised zO1zO3z7 OO_u1_oO_OO_u3_13_OO_uz_u3_OO_u3_37_On_*o_1z_OO_»o_13_aiu_pmpone|_vvo,xuouk_pan-1[1) 0041 00 BID FORM Page 1 of 9 SECTION 00 41 00 BID FORM TO: The City Manager c/o: The Purchasing Department 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: WATER & SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C Part 1 City Project No.: City Project No. 02434 Units/Sections: Unit 1: Water Improvements Unit 2: Sanitary Sewer Improvements 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of-any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels, or(c)to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. CITY OF FORT WORTH WATER and SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C,Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Form Revised 20120327 00 41 00 SID FORM Page 2 of 9 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. . Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Water Main Replacement . Sewer Main Replacement d. hert,Or t , oa 4. Time of Completion .1. The Work will be complete for Final Acceptance within 160 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. .2. Bidder accepts the provisions of the.Agreement as to liquidated damages in the event of failure to complete the Work(and/or achievement of Milestones)within the times specified in the Agreement.. 5. Attached to this Bid The following documents are attached to and made a part of this is . This Bid Form, Section 00 41 00 . 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 . Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Prequal'ification Statement, Section 00 45 12 . Conflict of Interest Affidavit, Section 00 35 13 1f necessary„ CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount .1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project.. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed byte Bidder in signing this proposal that the total bid amount entered below is CVTY OF FORT WORTH WA'T'ER and SANI'T'ARY SEWER REPLACEMENT NT CONTRACT 2015 wSM-C,Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMEN"I'S City IFugject No.02404 Form Revised 20120027 0041 00 BID FORM Page 3 of 9 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. 7. Bid Submittal This Bid is submitted on August 20, 2015 by the entity named below. Respectfully submitted, Receipt is acknowledged of the Intial following Addenda-, By,— Addendum No. 1' fSS (Signature) 'Addendum No....2: TSS _ Addendum No. 3: Teresa 5 --------IEEE] Skelly Addendum No. (Printed Name) Title: Vice President Company: William J Schultz Inc DBA Circle C Construction Comp Corporate Seal: Address: PO Box 40328 Fort Worth, Texas State of Incorporation". Texas Email: tskeH (P Ir ecc nstruction'Cual YQ�,L ­­ g' .......... Phone: 817-293-1863 END OF SECTION CITY OF FORT WORTH WATER and SANI I'ARY SEWER REPLACEMENT CONTRACT 2015 WSM-C,Part I STANDARD CONs'rRuc rION SPEUFIGATtlON DOCUMENTS City Projw..,,t No.02434 Form Revised 20120327 W 42 43 RK)PROPOSAL Pap 4 emir SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application ........................ Ploject Item hiformadon ffiddeeq 1"poqaA Mem B id �rr OuRnfity e Bldfist l."kgliption ection urut eat" thfit Pnce ffid Value [tan No. — n�n -- .................. .1.1NJ .................... ............................... l 3311.020+1 8'13VCW!112L���. '�LLt 2 LF 4875 $42.00 $204,75000 -65 — . __L..................--- 2 TF 6� 6��PVC InV�21.51 P.!i 33 11 12 LF 135 $38.00 $5,130.00 Ti i I i T(—)�—--T3­i4,5—55,5 5 $20,2%00 3 �31 T0001 Ductile fron Water 4 T"f�" .................................................. ———— ......................... 3 3003 8"Gate Valve 33 1220 EA 24 $1,20000 $28,800 00 5T— . - --.,..... ............... 55 TT '- 02 6"Gate Valve 33 12 20 EA 11 $950.00 $10,,450.00 —331'—---—----------..................................... Cr 000 l rant 33 1240 EA 11 $3,200.00 $35,200,00 -22L—E�� :..........................--n................................................ ....................— 7 3312.0117 Connection to Exj�t EalLr.�jj�n.................... 73 1:125 I,A 12 $1,000m $12,000,00 ---—--- "T TA 8 3312.2001 l"Watef Service,tvieter Reconnection 1,37 600.55 $82i170 00 —5,9 Ti .. .......................... 2003 �"Water Service 33....12 10 EA 134 $40000 $53,600,00 ..............................— 10 3312 2,054 l Frrvate Waterseivice Pipi QKe, V t) 33 12 10 LF 300 $35M $W,5(X).00 ...................................... l :3:3'12.2203 2"Water Service 33 12 10 $1,200.00 $1,200 00 lz�-----L........... 12 33112204 2"Private Water Service 33 12 10 LF 30 $4500 $1,35000 ....................... 13 3304 M02 2"Temporat jllj]Ee�)L LS I _i�L) 33 04 30 $20,000DO $20,000.00 14 3201 W 13 6'y ...........................................................................12 01 1 7 .................. U— 3580 $45.00 $161,10000 V, T26"i 04001 C'.113) 3201 18 LF 3780 $16,00 $60,48000 ..................................................— 16 3201 0614 Conc 'i2 1�Z9 Y. $85.0 0 $2,125.00 ................ - L __.?I� .............. T7 '7 '2 13 20 $1200 L7_32�3 030 l Co�w,�jew0k SF— 25 18 32�1040l 6"Conciete DO w 32 13 20 Sl-, 90 $1100 $1,08000 . .......................................2 — .....................T- 19 3216 0102 7"'Conc Ctub and Gutter 32 16 13 —————--—----------- $2,250,00 20 292-0i0l SY 225 $10.00 .......................................... ....... 21 0241.1302 Rernove 6"Water Valve 0241 14 E'A 18 $1'10.0)48.............................52,700.410] ''' .............. 22 0241 1510 jkdrLni: 0241 14 EA 5 $6K00 $3,00000 .-° ......................---- 23 TESTH01 SWPIPP ? acre 312500 ILS $2,500.00 $2,50000 ..................................... ............................... 24 3471 0001 Trafflic Control 3471 13 MO 6 $1,500.00 $9,00()00 .................................. 25 9999,0002 Construcdon Suikin 01 71 23 i's $5,000.00 $5,00000 ................. ------- —)99 0 1 Ti T3 ---T. -- $5,000 00 $5,0�00.00, —26 006�7(onstmcfion TL Subtotal Wa!e .................................................................. 01TOF2ORTWORM WATER md SAM FAR Y SEWER REPI ACEMEN I COIN BACA 2W5 WSM C,Part I STANDAM)('061 RV iic mh�SPEKA•CAVON DKKUMEN I's Ory Nouxt No 02434 Fm,mRmwd21H20LW 01)42 43 HH)PROK)SA 11, Pap 5 0(19 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application .................... ......... .............................................. Pin&o hem Infornmfion ffiddLr's PyopW ............ ................ ..... ........................ S Unit of' ffidfist Specifialoon Cw11 Nfinsur ffid Unfl,fl�ice BW Value hom NO, NO, e Quantity TINY FTSAN SEWER IMPROVEMENT'S ...................................................................................=....................................................... ............. 1 3331.4115 ..�'Lwer I�L 5.00 33 11 0,33 3 12,LF' 1675 $7T3775 00 �A F $10,,125.0(1 2. E311 3 1 OTT Private Sewer Senace 33 3l 50 111, 225 5-3-39 2 .................... -' ` ( �O f- 3 3339.1001 4'Manfiole 3339 10,333920 EA 7 $3,200.00 $22,40()()o .................................... 4 3339001 e 3]3�9 60 VF 42 $18500 $7,770,00 5 3305 0113 Trench Water Stops 3305 115 EA 7 $500.00 $3,500,00 ........................ .......................... )-��� � TF-------------------------------- ..........................w_ ...... .. ............................................. 6 �331 316f 4"Sewer Service 33 M 50 FA 40 $600�00 $24,000.00 7 3331.3102.i: 3331 50 F A 40—. $15020. $6,00000 033000 CY 5 $15000 $75000 8 0330.0111 ConcreW Encase SeWCr f" ............................................................................................................................. 30,i� 1 09 Safet 3305�0 L11, 2725 $1�00 $2,72500 ............................... .................... ...... ....................... 10 3301.0002 Post 3IL3 F 675 $3.00 $5,02500 11 73301 0151 NLnhoIc Vacu umTe" 33 0130 1 7 51,50,00 $1,05000 2 3201 0113 6'Wide3yhaft 11 sj enual 320117 LF 70 $45 00 $3,1501.011:1 ............................ .....w..._...... T ..I.................... 13 3201.0400 It Pavig,R�,.)6rL2 01 (L,6 -1. 3201 18 LF 1605 )�O) S25,680.00 'S 12 4 3213 0301 4"Cone Sidewalk 32 R3 20 SF 80 S96000 ............. 15 3213 0401 6"Concrete Drivew 32 1320 SI, 25 $1100 $30000 -'T ...............---------------------------------- 16 2�60102 7"ConcCurbandGutter 32 16 13 LF 200 $3000 $6,000.00 — ——---------------------..... ................................... 17 T1292 010� tility Service Surface Restorafi2i din, 2 92 Y.1 SY 135 $10.00 $1,35000 ......... ....................... I�—0241.2201 Remove 4'Sewer Manhole 02 41 14 FA 5 $800.00 $4,00000 ............ ........................................—— 19 3125b101 SWPPII acne 31 2500 I's $1,500.00 $1,50000 .............................. .................... 20 347L0001 Traffic Conuol 34 71 13 m() 6 SI,5(.)0 0() $9,000m 75' $2,000 00 7;9�0002 Cori Stfucfitn��..................... 01 71 23 _E�A]IT2,00j construefion 1 $2,00000 $2,000.00 2 90003 —_�_urvey ... ................................ MM Subtoud Sa_mt—�c 6 S214 ............. .................. ,F,Owl;�Vm,er&Sanitary lwwer Relitacement Contract 2105 SM. .' F;,t .... ...........—"--.......................... .............................. .......... END OF SECTION CITY OF FORTWORTH WAFrR andSAINUARY SEWER RFIPII.A(:�IFMtqln'(:!O�,lB'RACT 2011 WSIPAIC,Put W'11 ANDARD CONS"I'M PC�'P(Hq STECIRCA noT4 DOCIRWENTS C Nty Pim)od lams 02434 RmnPswii wJMM20 004337 VENDOR COMPLIANCE ro STATE LAW Page rmu SECTION 00 43 37 VENDOR COMPLIANCE TOSTATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides thmt, in order to be awarded a contract as |ovv bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for conotruotion, improvementm, supplies orservices in Texas mtan amount lower than the lowest Texas resident Udder by the same amount that m Texas resident bidder would be required to underbid m nonresident bidder in order to obtain m comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B A Nonresident bidders in the State of State our principal place of buoinemm, are required tobe percent lower than resident bidders by State Law. A copy ofthe statute ioattached. Nonresident bidders in the State of . our principal place Of buminesm, any not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. [41 BIDDER: William J Schultz Inc OBA Circle CConstruction By: Teresa SSkelly Company PO Box 4O328 Fort Worth, Texas Tide: Vice President Date: END OF SECTION CITY Up FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 »0_41_00-00_43_13_00_42-43_00_43_37_00-45_12_00_35_13_B/d_pmposaLWommmk-Part 101 0045 // I omosnxpnsVo^c/nc^zxOwu Page / w3 ) SECTION 0045 11 2 8/DDBR8YRB0DAL|F|CAT/ONS 3 4 1, Summary. All contractors are required tobcprcquu|iGcdbv the City prior tosubmitting 5 bids. To be eligible to bid the contractor must submit Section 0045 12, PccquaJifioution 6 Statement for the worktypc(s) listed with their Bid. Any contractor or subcontractor who is 7 not prcguaJi6cd for the work typc(s) listed must submit Section OO45 13, Bidder 8 PrcquaUfiuution Application in accordance with the requirements below. 9 10 The prequal ifi cation process will establish a bid limit based on a technical evaluation and \l financial analysis of the contractor. The information must be submitted seven(7)days prior 12 to the date of the opening of bids. For example,a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 3 1 st day of March 14 in order to bid on these projects. In order toexpedite and facilitate the approval of Bidder's 15 Prequalification Application,the following must accompany the submission. 16 u. A complete set of audited or reviewed financial statements. 17 (l) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement o[Cash Flows 20 (4) Statement o[Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. & ocrtificd copy o[the firm's organizational documents(Corporate Charter, Articles 23 o[Incorporation, Articles o[Organization, Certificate ofFormation, LLC 24 Regulations, Certificate o[Limited Partnership&grccmcnU. 25 o. & completed Bidder PccquuJiGou1ionApplication. 26 (|) The firm's Texas Taxpayer Identification Number as issued hv the Texas 27 Comptroller o[Public Accounts.To obtain u Texas Taxpayer Identification 28 number visit the Texas Comptroller o[Public Accounts online utthe 29 following web address and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number us issued by Dun& Bradstreet. This number 33 is used by the City for required reporting on Federal Aid projects. The DUNS 34 number may bc obtained u1 . 35 d. Resumes reflecting the construction experience of the principles of the firmfor firms 36 submitting their initial prcquu|i6oution. These resumes should include the size and 37 scope o[the work performed. 38 c. Other information us requested by the City. 39 40 2, Pmu9uo0ificution Requirements 41 u. Financial Statements. Financial statement submission must hcprovided in 42 accordance with the following: 43 (\) The City requires that the original Financial Statement or a certified copy 44 bn submitted for consideration. CITY up FORT WORTH WATER&nuw/mnrus*Enxzrcx(zmovrcu*mxcrzo/5mxM-c Part/ STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.me4 Revised July 1,2011 004511-2 BIDDERS PRE"QUALIFICA11ONS Page 2 of 3 1 (2) To be satisfactory,the financial statements must be audited or reviewed 2 by an independent,certified public accounting fi rm registered and in 3 good standing in any state.Cuff entTexas statues also require that 4 accounting fi rms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual,corporation,or limited liability company. 9 (4) Financial Statements must be presented in U.S.dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountatit as 12 independent who is not,in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America.This must be stated in the accounting firm's opinion. 17 It should:(1)express an unqualified opinion,or(2)express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter,in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts.Bidding capacity is determined by multiplying the 25 positive net working capital (working capital:=current assets—current 26 liabilities)by a factor of 10.Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new finan.cial 30 statement is being prepared,the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequaliflcation Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report,the notation of 37 "None"or"N/A"should be inserted. 38 (2) A minimum of five(5)references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer,model and general common description of 43 each piece of equipment.Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility to Bid 47 as The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject,suspend,or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CrrY OF 1`01,07WORT'll WA TE R&,V IVITARP SEWF.R 6fETI-4 CEMEN T(-,70N T1?A CY,2015 WSM-C Pa rg I STANDARD CONSTRUCTION SPECIFICATION D(KUMENTS 00 Prqject No,02434 Revised July 1,2011 004511 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter,the contractor will be eligible to bid 2 the prequalified work types until the expiration date stated in the letter. 3 4 5 6 7 8 END OF SECTION 9 CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WSAI-C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 r 00 45 12 BID FORIM Page 8 of SECTION 00 45 1 PRE UALI Fl CATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whore they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Water Main Replacement Circle C Construction 10/31/2015 Sewer Main Replacement Circle C Construction 10131/2015 List work type here or space Coy/if nny Name Herell r 150 List work type here or space Cpaar/y iT�� � The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: William J Schultz Inc DBA Circle C Construction By: Tares Skelly Company PO Box 4032 (Signature)Fort Worth, Texas Title: Vice President Date: END OF SECTION OFFICIAL RECORD CITY S '�'i Y � ���T",, �w R r � � UTY olf"FORT WORTH STANDARD CoN s'°rR4.CTIONI sr'MA='CAMN DOCI..UMIm N TN F o r m Revised 20120120 00 "N"N..,,,00_100-43_13.-00-42-43-00 _..3°7...00__45-I2...100...135...I3_.. Id._.Pa'oposaB.._�'VcvkNaook-F"ar't_.II1] 0045 26 � (U141TACIOR CONAPUMa,CLWIII I LAW Nqp-� of SEC,110N 00 45 26 CONTRACTOR(''ON11NAA14CF, WITH WORKIAVS CON41"FNS'A"NON LAW 3 Pursuant to Texas Labor Code Section 406.096(a),1 as amended, Contractor,certifies that r� 4 provides worker"s compensation �nsurance coyerage f6r all of'ils m,,Ymployees ernifloyed on ily 5 Project No. 02434.('ontractor f4rther certilies thal, jimsuant to Texas Labor Code, Sectk°ln, 6 406,096(b),as amendt d, it will provWe w Cily ils sub ontract(.Ws cvrfificafes ofccwmpHance with 7 worker"s comper6alion coveragi:,�- 8 A' :ez, Y, 12 Cornpan), (Please Print) 13 .......... 14 Signamre� 15 Address 16 17 el 18 City/State/Zilp (Please Print) 19 20 — — — — — — — — — — — - LANKFORD Pu lic J ,X S :A L 11 OF -7 THE STATE OF °f § MICHELE S.LANKFORD 22 Notary Public STXI'E OF TEXAS #11 5" 23 COU NI Y OFTA RR A N T § Notary ID#117594&6 Ev Og. 24 �w MY CWW.EV.OdOW 7,2019 25 BEFORE ME,the Undersigned authorily, on 11 26 known to rne to be the person whose name,� is 27 subscribed to the l'oregoing insu'lunivil,arid acknowloh d to me that he/she execuled the same as 28 the ac.t and deed of lor thie piarpom"s and 29 consideration therein expressed and in the capacity therein stated, 30 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this Aa), of" 32 20po/ 33 34 35 n ..�- Lax, 36 44otaiy Public in and for the I�.�;tate (!t?, 37 38 END OF SECTION ............ ma. .m........................................... 39 OFFICIAL IRECORD CITY SECRETARY FT, WORTHW 11111u,I x ................................................ CITY OF FOR rWOR 111 0/4 7ER 5 WYA4.Chif f I S' NDAP�1)( wr,�s,rm�u(,"�ION SP11:X1FWAWT0hi EN)CUMED41's 01),Prilyell:i No 0243 0, ReMscdhdy�I,s'W� Fowr, Wowrii City of Fort Worth Minority Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR OFFERORS APPLICATION OF POLICY If the total dollar value of the contract is$60,000 or more,then a MBE subcontracting goal is applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance applies to this bid. ............ ................. ......._._...........______m........... ...................... BE PROJECT GOALS The CIty's MBE goal on this project is 8 -................................_%of the Ibase bid value of the contract, Note: If both MBE and S Subcontracting goals are established for this project,then an Offeror must submit both a MBE Utilization Form and a S Utilization Form to be deemed responsive. .............................. .............. .......................__............... COMPLIANCE TO BID SPECIFICATIONS On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or; 3. Good Faith Effort documentation,or; 4. Prime Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Purchasing Division, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The offoror shall d4ve' ribeMSE 4ocumentaLion in person to the appropriate employee of the puichasing divislon end,obtain,a dateltime receipt. Such receipt shall be evidence that the Oty'recelved the docurnentation In the time allocated. 'A faxed and/or em fled copy will not be accepted, —............................................................... ........_.......9 ................... ...............­­­­.-Y............___.__..........._...................... 1. Subcontractor Utilization Form if goal is received no later than 2:00 p.m., on the second business day met or exceeded: after the bid 2penjiij date,exclusive of the bid openi da12­. ­­nn- 27.6—ood Faith"Effo.—rtand Subcontractor...........................­— received no later than 2:00 p.m., on the second City business day Utilization Form, if participation is less than after the bid opening date,exclusive of the bid opening date. stated cal: _ 3. Good Faith Effort and Subcontractor received no later than 2:00 p.rn., on the second City business day Utilization Form, if no MBE participation., after the bid operjLrNIaY�Inn exclusive of the bi .......... ........................................­rd 1eq� ate�­,.­— 4. Prime Contractor Waiver Form, if you will received no later than 2:00 p.m., on the second City business day perform all contracting after the bid open date exclusive of the bid o e I date. _�supplier work: 6. Joint Venture Form, if goal is met oir received no later than 2:00 p.m., on the second City business day exceeded: after the bid opening date, exclusiv e of the e enin date. FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS. FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE.A SECOND FAILURE WILL RESULT IN THE OFFEROR BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR. THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICATION PERIOD OF THREE YEARS. Any questions, please contact the MIWBE Office at(817)212-2674. Rev.2110/15 CITY SECRETAW !LM ,,,..,.. 00 52 43- I ONT r ). Agreement Page 1 ot'5 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on 15 December 2015 is made by and between the City of 4 Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City 5 Manager,("City"), and William J. Schultz, Inc. d/b/a Circle C Construction Company, authorized 6 to do business in Texas, acting by 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 Water and Sanitary Sewer Replacement Contract 201 S SM-C Part 1 16 City Project Number 2434 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 Calendar days after the date 23 when the Contract Time commences to run as provided in Paragraph 2.03 of the General 24 Conditions. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that City will 27 suffer financial loss if the Work is not completed within the tithes specified in Paragraph 28 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 29 General Conditions. The Contractor also recognizes the delays, expense and difficulties 30 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 31 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 32 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 33 City Four Hundred Twenty Dollars $120.00) for each day that expires after the time 34 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 35 Acceptance. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-C Part I Revised.tune 4,2012 City Project No_2434 005243-2 Agreement Page 2 of 5 36 Article 4. CONTRACT PRICE 37 City agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds of Nine Hundred and Sixty Thousand Six Hundred 39 Twenty Five Dollars and no cents($960,625.00) . 40 Article 5. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A.The Contract Documents which comprise the entire agreement between City and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form 47 1) Proposal Form 48 2) Vendor Compliance to State Law Non-Resident Bidder 49 3) Prequalification Statement 50 4) State and Federal documents(project specific) 51 b. Current Prevailing Wage Rate Table 52 c. Insurance ACORD Form(s) 53 d. Payment Bond 54 e. Performance Bond 55 f. Maintenance Bond 56 g. Power of Attorney for the Bonds 57 h. Worker's Compensation Affidavit 58 i. MWBE Commitment Form 59 3. General Conditions. 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project's Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued, become an incorporated part of the Contract Documents: 69 a. Notice to Proceed. 70 b. Field Orders. 71 c. Change Orders. 72 d. Letter of Final Acceptance. 73 74 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-C Part Revised.tune 4,2012 City Project No.2434 00 52 43-3 Agreement Page 3 of 5 75 Article 6. INDEMNIFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of, the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 80 under this contract. This indemnification provision is specifically intended to operate 81 and be effective even if it is alleged or proven that all or some of the damages being 82 sought were caused, in whole or in part, by any act, omission or negligence of the city. 83 This indemnity provision is intended to include, without limitation, indemnity for 84 costs, expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city,its officers,servants and employees,from and against any and all loss,damage 89 or destruction of property of the city,arising out of,or alleged to arise out of,the work 90 and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemnification 92 provision is specifically intended to operate and be effective even if it is alleged or 93 proven that all or some of the damages being sought were caused, in whole or in part, 94 by any act,omission or negligence of the city. 95 96 Article 7. MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 99 have the meanings indicated in the General Conditions. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the City. 103 7.3 Successors and Assigns. 104 City and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 wSM-C Part 1 Revised June 4,2012 City Project No.2434 005243-4 Agreement Page 4 of 5 107 7.4 Severability. 108 ANY PROVISION OR PART OF THE CONTRACT DOCUMENTS HELD TO BE 109 UNCONSTITUTIONAL, VOID OR UNENFORCEABLE BY A COURT OF 110 COMPETENT JURISDICTION SHALL BE DEEMED STRICKEN, AND ALL 111 REMAINING PROVISIONS SHALL CONTINUE TO BE VALID AND BINDING 112 UPON CITY AND CONTRACTOR. 113 7.5 Governing I.,aw and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas, Fort Worth Division. 117 7.6 Other Provisions. 118 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 119 classified, promulgated and set out by the City, a copy of which is attached hereto and 120 made a part hereof the same as if it were copied verbatim herein. 121 7.7 Authority to Sign. 122 Contractor shall attach evidence of authority to sign Agreement, if other than duly 123 authorized signatory of the Contractor. 124 125 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 126 counterparts. 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-C Part 1 Revised June 4,2012 City Project No.2434 005243-5 Agreement Page I ol I 146 This.A is effective as of the last date signed by the Parties .......... 147 Al Contractor: City of Fort Worth William J. Schultz, Inc., dba Circle C Construction Company J Chapa Assistant City Manager (Signature) Date 1 Z. Attest:Teresa S. Ski y Atte (Printed Name) Mary J. r, .ate` X City Se (Seal) Title: Vice-President C40 A 411 Address: 500 W. Trammell M&C ;4f ............. .................... 0 "Box 40328 Date: . ...... ........... ........... J,:itL/!S 7-_JpL. For t or th T .�7 14Q Approved as to Form and Legality: ...................... Date Douglas W.Black Assistant City Attorney 148 149 150 APPROVAL RECOMMFNDED: 151 152 153 154 Andrew T.Cronberg P.E. 155 Assist.Director 156 Water Department 157 OFFICIAL RECORD C111"I"SECRETARY W0, 11t"I"1111111 TX1' ................ CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-C Part I Revised 3 une 4,2012 City Project No.2434 0061 13-1 PERFORMANCE BOND Page I o1'2 BOND NO. TXC606810 1 SECTION 00 61 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TAR NT § 7 That we, William J. Schultz.,Inc. d/b/a Circle C Construction Company, known as Merchants Bonding Company (Mutual ) 8 "Principal" herein an corporate surety(sureties, If more than one) 9 duly authorized to do business in the State of Texas, known as "Surety' herein (whether one or more), 10 are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to 11 the laws of Texas, known as "City" herein, in the penal sum of, Nine Hundred and Sixty Thousand 12 Six Hundred Twenty Five Dollars and no cents($960,625.00) lawful money of the United States, 13 to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be 14 made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and 15 severally, firmly by these presents. 16 WHEREAS, the Principal has entered into a certain written contract with the City awarded 17 the 15 day of December,2015, which Contract is hereby referred to and made a part hereof for all 18 purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories 19 defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said 20 Contract designated as Water and Sanitary Sewer Replacement Contract 2015 WSM-C Part 1, 21 City Project Number 02434. 22 NOW,THEREFORE,the condition of this obligation is such that if the said Principal shall 23 faithfully perform it obligations under the Contract and shall in all respects duly and faithfully 24 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 extension 26 of the Contract that may be granted on the part of the City, then this obligation shall be and become 27 null and void,otherwise to remain in full force and effect. 28 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 29 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 30 Worth Division. CITY OF FORT WORTI I Water and Sanitary Sewer Replacement STANDARD CONS]Rt1C"I`ION SPECIFICATION DOCUNIFNITS Contract 2015 WSM-C Part I Revised.Iuly 1,2011 City Project No.2434 0061 13-2 PERFORMANCE:BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED this 5 instrument by duly authorized agents and officers on this the� dav of,_ ,2015. 6 PRINCIPAL: 7 William J. Schultz, Inc. dba 8 Circle C Construction Comunv 9 W.,. 11 Signature 12 ATTEST: 13 14 By: �tV.�rseo ° , .l�rl �� Teresa S. Skelly, Vice-President 15 (Principal)Secretary Name and Title 16 Michele S. Lankford 17 Address: 500 W. Trammell 18 P. 0. Box 40328 19 Fort Worth, TX 76140 20 21 Witness as to Principal 22 SURETY: 23 24 Merchants 6 ding Company (Mutual ) 25 26 BY: 27 ignature 28 29 Sheryl A. Klutts, Attorney-in-Fact 30 . ....... _ ........, Name and Title 31 .. > 32 Address: 6700 Wes.t.own Parkway West Des Moines, IA 50266-7754 34 35 36 Witness as to Surety Telephone Number: 1-800-678-8171 37 John A. Miller 38 39 40 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 41 from the by-laws showing that this person has authority to sign such obligation. If 42 Surety's physical address is different from its mailing address, both must be provided. The 43 date of the bond shall not be prior to the date the Contract is awarded. 44 p, I � t l,, IA l) it°)r Cf� R[1) / i � 9 CITY OF FORT WORTH OR Ml(u r Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCIMEN"I"S" Contract 2015 WSM-C Part Revised July 1,2011 City Project No.2434 MERCHANT BONDING COMPAN lTM POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint, individually, John A Miller; John R Stockton; Sheryl A Klutts their true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver on behalf of the Companies,as Surety,bonds,undertakings and other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION($10,000,000.00)DOLLARS This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 15th day of August 2015 ''•,,• 't1G co •. MERCHANTS BONDING COMPANY(MUTUAL) 'a.``�af.,.o O OHO........ o9•• MERCHANTS NATIONAL BONDING,INC. :.C) :Q 1933 c: By STATE OF IOWA �''• ��,`�`,� ••�, ,.`'• COUNTY OF Dallas ss. President On this 15th day of August 2015 ,before me appeared Larry Taylor,to me personally known,who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.;and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �e-RIA<s WENDY WOODY v o Commission Number 784654 My Commission Expires • r June 20 2017 Notary Publ, , Punty, a (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this j day of v! tu Secretary zo03 1933 .ir*� ••.;-fie• a '� •• CITY Y S EX , • �,,, l l Y POA 0014 (6/15) ' If o-� 0061 14- 1 PAYMENT BOND Page I of 2 BOND NO. TXC606810 1 SECTION 00 61 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TAR NT § 7 That we, William J. Schultz, Inc. d/b/a Circle C Construction Company, known as 8 "Principal" herein, and Merchants Bonding Company (Mutual ) a 9 corporate surety (sureties), duly authorized to do business in the258- State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of the State of Texas, known as "City' herein, 12 in the penal sum of Nine Hundred and Sixty Thousand Six Hundred Twenty Five Dollars 13 and no cents ($960,625.00), 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 15 18 day of December, 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 Water and Sanitary Sewer Replacement Contract 2015 SM-C Part I City 22 Project 02434. 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 CITY OF FORT WORTI I Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMFNTS Contract 2015,Part I Revised July 1,2011 City Project No.02434 0061 14-2 PAYMFNT 13OND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the day of. = 2015. 3 PRINCIPAL: William J. Schultz, Inc. dba Circle C Construction Company ..,.,... ATTEST: BY: Signature By: o By: Teresa S. Skelly, Vice-President (Principal) Secretary Name and Title Michele S. Lankford Address: 500 W. Trammell P. 0. Box 40328 Fort Worth, TX 76140 Witness as to Principal SURETY: ......................_____.._......._.. - Merchants B dingy Company__(M_u_tual ) ATTEST: BY: Signature Sheryl A. Klutts, Attorney-in-Fact (Surety) Secretayr �y Name and Title Address: 6700 Westown Parkway West Des Moines, IA 50266-7754 Wetness a s to Surety John A. Miller Telephone Number: 1-800-678-8171 4 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 6 bylaws showing that this person has authority to sign such obligation. If Surety's physical 7 address is different from its mailing address, both must be provided. 8 9 The date of the bond shall not be prior to the date the Contract is awarded. 10 END OF SECTION 01 1"I 11 4 I RY!a C 0R /r �`��N�u��U nrl�'u,;Y�1 I' IA �l NbWO UX"fd U! y, 6 j� fl U�� JA f�f ��/iN'V.. CITY OF FORT WORTI I Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,Part 1 Revised July I,2011 City Project No.02434 M ER.0 T'S"%%\ BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint, individually, John A Miller; John R Stockton; Sheryl A Klutts their true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver on behalf of the Companies,as Surety,bonds, undertakings and other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION($10,000,000.00)DOLLARS This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation.It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 15th day of August 2015 •....... MERCHANTS BONDING COMPANY .'`a`+•1►�lOt{'4C••`'• .'•O�NG C��1lp•• MERCHANTS NATIONAL BONDING,(NCTUAL) %0 •Oa'RPQ 9 .': •y • •f —O— t2:_* _:v' 2��3 :. ? :y, 1933 ;c; g Q. BY STATE OF IOWA NHry*N.N"+•,,, •••• •••• COUNTY OF Dallas ss. President On this 15th day of August 2015 ,before me appeared Larry Taylor,to me personally known,who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.;and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. PFaIA<d' WENDY WOODY o > Commission Number 784654 7 My Commission Expires P June 20 2017 Notary Publi , County,Iowa (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, 1 have hereunto set my hand and affixed the seal of the Companies on this 1 day of 10 t4-4 .•o�NS co*•.• r :3• Se ary •� c�; `�° 1933 ;c; rt ?��.�VYy•rt�s`=`• •Jv•.•" •°��i• ( �lyll� � iC',Aa •••+•f• '�'yh*N/U�t+•`•�. r•••�•••• �/I�( l/ ��%i i I/W..I� ��i�/y�l� POA 0014 (6/15) r pr✓%� r�i/rr a�r � 0061 19- 1 MAINTENANCE BONI) Page I of 3 BOND NO. TXC606810 1 SECTION 00 61 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE STS: 6 COUNTY OF TA NT § 7 That we,William J. Schultz,Inc. d/b/a Circle C Construction Company, known as 8 "Principal" herein and Merchants Bonding Company a corporate surety(sureties, if utua 9 more than one) 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 sum 12 of Nine Hundred and Sixty Thousand Six Hundred Twenty Five Dollars and no cents 13 ($960,625.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 14 Texas, for payment of which sum well and truly be made unto the City and its successors, we 15 bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, 16 firmly by these presents. 17 18 WHEREAS,the Principal has entered Into a certain written contract with the City awarded the 19 15 day of December,2015, which Contract is hereby referred to and a made part hereof for all 20 purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories 21 as defined by law, in the prosecution of the Work, Including any Work resulting from a duly 22 authorized Change Order(collectively herein, the"Work") as provided for in said contract and 23 designated as Water and Sanitary Sewer Replacement Contract 2015 SM-C Part 1 City 24 Proiect Number 02434; 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 Maintenance 33 Period. 34 CITY OF PORT WORTI 1 Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 Part I Revised July L 2011 City Project No.2434 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE, the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City, to a completion 3 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond; and 10 11 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 12 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 13 Worth Division; and 14 15 PROVIDED FURTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FORT WORTI I Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 Part Revised_luly 1,2011 City Project No.2434 006| w'3 MAINTENANCE BOND Page s"rz | 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 . 4 PRINCIPAL: 5 William J. Schultz, Inc. dba 6 7 8 BY: 9 Signature N ATTEST: || 12 Teresa S. Skelly, Vice-President 13 (Principal) Secretary Name and Title 14 Michele S. Lankford |5 Address: 500 W. Trammel 1 |6 P. 0. Box 40328 |7 Fort Worth, TX 76140 |8 19 Witness asWPrincipal 20 SURETY: 2| 22 \ 23 24 BY: 25 Signature �y ' 26 27 Attorney-in-Fact 28 ATTEST: Name and Title 29 30 AJdumz 6700 Westown Parkway 31 260-7754 32 B 34 Telephone Number: 1-800-678-8171 35 John A. Miller 36 *Note: |[signed bvuo officer o[the Surety Company, there must bcuo file uccdificdextract 37 from the by-laws showing that this person has authority to sign such obligation. If 38 8urcpy`a physical address is different from its mailing address, both must be provided. 39 The date o[the bond shall not bc prior to the date the Contract iyawarded. 40 CITY OF'FuxTnoxn| Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract zo15 Part } Revised July|,zo|| City pnv,ct No.z4o* MERCHANf7S7��, BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint, individually, John A Miller; John R Stockton; Sheryl A Klutts their true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver on behalf of the Companies,as Surety,bonds,undertakings and other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION($10,000,000.00)DOLLARS This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation.It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 15th day of August 2015 �Qjl "++y+ .• C ••. MERCHANTS BONDING COMPANY(MUTUAL) 0,t4%L :"_ �00�00`RP.... 9•• MERCHANTS NATIONAL BONDING,INC. 1933 Zv. :yid .;�o. By STATE OF IOWA ++`''+Ya..n ..au"'!�►• .�••YY••{1•••. COUNTY OF Dallas ss. President On this 15th day of August 2015 ,before me appeared Larry Taylor,to me personally known,who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.;and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. t�f,lAt WENDY WOODY Commission Number 784654 My Commission Expires P June 20 2017 Notary Pubfr , County,Iowa (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of 4" -° c Secretary . 1933 :'c: �" ;. J ��1r• riaECoRD' X41" .. ..•:4rN. .•d,; •.....• 1 • POA 0014 (6/15) r° 'Fr nib%r r rr Vii`!' f M RCHANTS BONDING COMPANY. MERCHANTS BONDING COMPANY(MUTUAL) • MERCHANTS NATIONAL BONDING, INC. P.O. BOX 14498 - DES MOINES, IOWA 50306-3498 (800)678-8171 • (515)243-3854 FAX Please send all notices of claim on this bond to: Merchants Bonding Company (Mutual) / Merchants National Bonding, Inc. P.O. Box 14498 Des Moines, Iowa 50306-3498 (515) 243-8171 (800) 678-8171 Physical Address: 6700 Westown Parkway, West Des Moines, Iowa 50266 SUP 0073 TX(2/15) AC CERTIFICATE I LABILITY I f�1 DATE(MWDDIYYYYI 12/22/2015 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(S), 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 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 ME: T Wend Van Orden HAMS: K&S Insurance Agency PHONE (972)771-4071 - - ._ FAtc (972)a7x 4695 —_„ .... 2255 Ridge Road, Ste., 333 MAIL a.norden @kandsixxs co ADDRESS. P. 0. BOX 277 INSURERS AFFORDING COVERAGE NAIC# ..... L.- Rockwall TX 75057 INSURER Fire & Ca�t3a1 13021, ......... -- ----- _..... _ _.,._ _ INSURED INSURER wTravelers Pry Cas Co of Amer. _. . ....... .... ..... _ ,.. William J Schultz, Inc. , INSURERC.Texas Mutual Insurance Co. 22945 .... —_._ _..... ....... ..- dba Circle C Construction Company INSURER D Federal Insurance Co wan 202131 _ __ -— ............. 500 W. Tram ell Ave. INSURER E:' lEverman TX 76140 INSURERF. COVERAGES CERTIFICATE NUMBER:15/16 Std. w/ Ecluipment 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. NOTVVITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OII=ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VVHlCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THIE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL. TIME TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ins TYPE of INSURaracE ADDL uBR POLICY EFI P�LIw E.XP LIMITS LTR POLICY NUMBER MM6DDfYYYY M DDIYYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1"000,000 CLAIMS MADE DAMAC T J RENT D , $A I ER.kO3ESJE ocmmrranc�)....... .100,000 85316434 8/12/2015 8/12/2016 RED EXP(Any one person) $ 5,000 _-.a.._. — --_... ...._.... _..--... ..... _ CG7208 2/x,5- Al. WOS PERSONAL 8 ADV INJURY $ 1,000,000 GEN"II.AGGREGATE LIMI11rAPPI..oDWS PER: CG2010 4/13_ .Al GENERAL AGGREGATE $ 2,000,000 _ I'OII..IC;Y Xm�lye O- LOC CG2037 4/1..3°... Al COMP OPS II'RO1 bUC�"�I'�1-C Mf"� AGGa $ 2,000,000 .. �._._ ... .. OTHER.: II.IvvYVeed J obsite Pdiution $ 100,000 AUTOMOBILE LIABILITY BI ED 61..LIMIT $ 1,000,000 (Ea aCN;ld&:nt} A X ANY AUTO B011 III re"INJURY(Per p ersora) $ ..— Al IL.OWNED D SCHEDUL ED....__..... ._ AUTOS — AUTOS 8.5316at3A 8/�x,2/2&D�x,.ro 8/.9.2/20�A,6 d�G7YIIlYI�VUOY(IPaexavadcl�u4) $ MIRED AUTOS NCN-CGhFt CA;7709 1f06-° AT t45 PROPERTY DAMAGE $ AL)TC L �e¢ ...... .. ° --- UndennsuYed motonst $ 1,000,000 X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000 000 EXCESSLIIAO CLAIMS-MADE ZU -41MI1d28.-1.5-N 8/.(.2/2015 8/12/2016 AG3RE:G;'A`f'E -...........................$................................._5...x,000:.0.00 - - - DEC? X RETENTION$ 10,000 $ WORKERS COMPENSATION X i'FR OT'H AND EMPLOYERS'LIABILITY YIN .....:..::.....4..V'AT�I.1l..�".........................._E_R.................... ..........................................................................................._ ANY PROPRIETOR/PARTINER/EXECUTIVE Ot')01.A.Ib.3570 8/12/2015 6/12/2016 EII EACH ACCIDENT $ 1,0OO,OQ'4� 'C7FFICERfMEMBE.R EXCLUDED? to NIA - C (Mandatory In NH) -- WC420304B 6/14 .... WOS E.L.DISEASE-�EA EMPLOYEE $ x000,000 Ityoe,,describw under ..........................................------------------..................... .--.-__.,__.__........_,. DESCRIPTION OF OPERATIONS below E.IL.DISEASE-POLICY LIMIT $ 1,000,000 D Contractor's Equipment 06706289 8/12/2015 8/:1.2/201,6 LeasedtRrynked Equip Per Itern $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more apace is required) Project: Water 5 Sanitary Sewer Replacement Contract 2015 WSM-Ca Part 1 DOE 7375 City Project Number 02434 See above listing of additional insured and waiver of subrogation endorsement forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE jIl�mllll E EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y Cit of Fort Worth CORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton Street �� �� � F Fort Worth, TX 75102 t"� "fI TED REPRESENTATIVE � 1 u I 1�4"�11M av o pppp�� r . ',t.�y. �':I�utlu^r1¢ISCb4^au1WC)irECDCI;'�V�I 0 1955-2011 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD I NSO25¢:m4ni l CG 72 08 02 15 TEXAS -EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. * Extended Property,Damage *Expanded Fire Legal Liability to include Explosion, Lightning and Sprinkler Leakage *Coverage for non-owned watercraft is extended to 51 feet in length * Property Damage-Borrowed Equipment * Property,Damage Liability-,Elevators *Coverage D-Voluntary Property Damage Coverage $5,000 Occurrence with a $10,000 Aggregate Coverage E - Care, Custody and Control Pro�perty Damage Coverage $25,000 Occurrence with a $100,000 Aggregate,.. $500 Deductible Coverage F- Electronic Data Liability Coverage,- $50,000 Coverage G- Product Recall Expense$25,000 Each Recall Limit with a $50,000 Aggregate-$1,000 Deductible Coverage H-Water Damage Legal Liability-$25,000 Coverage I-,Designated Operations Covered by a Consolidated (Wrap Up) Insurance Program-Limited Coverage Increase in Supplementary Paynrients� 130 Bonds to$1,000 Increase in Supplementary Payments: Loss of Earnings to$500 For newly formed or acquired organizations-extend the reporting requirement to 180 days Broadened Named Insured * Automatic Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction Agreement With You * Contractors Blanket Additional Insured-Limited Products Completed Operations Coverage *Automatic Additional Insured-Vendors *Automatic Additional Insured-Lessor of Leased Equipment Automatic Status When Required In Lease Agreement With You *Autornatic Additional Insured- Managers or Lessor of Premises *Additional Insured- Erigineers,Architects or Surveyors Not Engaged by the Named Insured *Additional Insured- State or Governmental Agency or Subdivision or Political Subdivision- Permits or Authorizations *Additional Insured-ConWidated Insurance, Program (Wrap-Up) Off-Premises Operations Only-Owners, Lesse�es or Contractors Automatic Status When Required in Construction Agreement With You *Additional Insured- Employee Injury to Another Employee Automatically included-Aggregate Limits of insurance (per location) Automatically included-Aggregate Limits of Insurance (per project) Knowledge of occurrence�- Knov*ledge of an "occurre,nce", "clahn or suit' by your agent, servant or employee shall not in itself constitute knovAedge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee, Blanket Waiver of Subrogation Liberalization Condition Unintentional failure to disclose all hazard& If you unintentionally fail to disclose any hazards existing at the Inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However,,, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-r,enewal. 'Insured Contract" redefined for Umited Railroad Contractual Liability Mobile equipment to include snow removal, road maintenance and street cleaning equipment less than 1,000 lbs GVW Bodily Injury Redefined REFER TO THE ACTUAL ENDORSEMENT FOLLOWING ON PAGES 2 THROUGH 14 FOR CHANGES AFFECTING YOUR INSURANCE PROTECTION CG 72 08 02 15 Includes copyrighted matelral of Insurance Services OfficA, Inc., with its permission. Page I of 14 *7501,5760* . ......... CG 72 08 02 16 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. TEXAS - EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT This endorsement modifies insurarice provided under the followng: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I - COVERAGES A. The following changes are made at COVERAGE A-BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Extended Property Damage At 2. Exclusions exclusion a. Expected or Intended Injury is replaced with the following� 'Bodily injury"or'propetly damage"expecled or interided from theslandpoint of the insured.This exclusion does not apply to "bodily injury"or'property darnage" resuffing from the use of reasonable force to protect persons or property. 2. Expanded Fire Legal Liability At 2. Exclusions the last paragraph Is deleted and replaced by the following, Exclusions c. through n. do not apply to damage by fire, explosion, lightning, smoke resulting from such fire, explo�sion, or lightning or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of this owner. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE, 3. Non-Owned Watercraft At 2. Exclusions exclusion g. Aircraft,Auto Or Watercraft(2)(a)is deleted and replaced by the following: In) Less than 51 feet long; 4. Property Damage—Borrowed Equipment At 2. Exclusions the following is added to paragraph(4)of exclu%ion t Damage To Property: This exclusion does not apply to"pmperty damage"to borrowed equ�pment while at a jobsite and while not being used to perfomi operations.the most we vAll pay for"properly damage" to any one piece of borrowed equipmen�t under this coverage is $25,000 per occurrence. "The insurance afforded under this provision is excess over any valid and collectible propedy insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. S. Property Damage Liability—Elevators At 2. Exclusions the following is added to paragraphs(3), (4) and (6)of exclusOn J. Damage To Property. This exclusion does not apply to "property damage" resulting from the use of elevators. However, any insurance provided for such 'property damage" is excess over any valid and collectible property insurance (including deductible),available to the insured, whether primary,excess, contingent or on any other basis. B. The follovAng coverages are added: I. COVERAGE D-VOLUNTARY PROPERTY DAMAGE COVERAGE 'Ptupedy damage"to property of others caused by the insured: a. While in your possession,or b. Arising out of'your work". Coverage applies at the request of the insured, whether or not the insured is legally obligated to pay. For the purposes of this Voluntary Property Damage Coverage only: Exclusion j. Damage to Property Is deleted and replaced by the fofloyOng� CG 72 08 02 15 Includes copyrighted materW of insurance Services Office, Inc., with its permissiort, Page 2 of 14 CG 72 08 02 16 Darnage to Property "Property darnag �e"to- (1) Property held by the insured for servicing, repair, storage or sale at premises you own, rent, lease, ')perate or use-, (2) Property transporte�d by or damage cause�d by any'automobile", "watercraft" or"aircraft"you own, hire or lease-, (3) Property you own, mint, lease, borrow or use, The amount we will pay is limited as described below in SECTION III-LIMITS OF INSURANCE For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for this coverage. 2. COVERAGE E-CARE, CUSTODY AND CONTROL PROPERTY DAMAGE COVERAGE For the purpose of this Care, Custody and Control Property Damage Coverage only: a. Item (4)of Exclusion�does not apply, The amount we will pay is limited as described below in SECTION III LIMITS OF INSURANCE For the purposes of this Cam, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for this coverage. 3. COVERAGE F-ELECTRONIC DATA LIABILITY COVERAGE For the purposes of this Electronic Data Liability Coverage only: a. Exclusion p. of Coverage A.- Bodily Injury And Property Damage Liability in Section I -Coverages is replaced by the following', 2. Exclusions This insurance does not apply to: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inabilfty to access, or inability to manipulate'elertronic data"that does not result from physical injury to tangible property. However,this exclusion does not apply to liability for damages because of'bodily injury' b. "Property Darnagle"means: (1) Physical injury to tangible, property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical Injury that caused it', or (2) Loss of use of tangible property that is not physically injured, All such loss of use shall be deemed to occur at the time of the "loccurrence"that caused it; or (3) Less of, loss of use of, damage to, cormption of, inability to access or inabilKy to property manipulate 'electronic data', resulting from physical injury to tangible property, All such loss of'electronic data"shall be deemed to occur at the time of the'occurrence"that caused it. For the purposes of this Electronic Data Liability Coverage, 'electronic data'is not tangible property. The amount we will pay is limited as described below in SECTION III-LIMITS OF INSURANCE 4. COVERAGE G-PRODUCT RECALL EXPENSE a. Insuring Agreement (1) We will pay 90% of"pfoducl recall expense"you incur as a result of a "'product recall"You initiate during the coverage period. (2) We will only pay for"product recafl exrwnse" arising out of"your productV which have been physically relinquished to otheirs. The amount we will pay is limited as described below in SECTION III-LIMITS OF INSURANCE CG 72 08 02 15 IncAudes copyrighted material of Insurance Services Office, Inc., with its pemis-sion, Page 3 of 14 *76015'770* 11,111111 I It It 111111' CG 72 08 02 15 b. Exclusions This insurance does not apply to"product recall expense"ansing out of: (1) Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that would have resulted in a "product, recall", (2) Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the manufactum,design, processing, storage,or transportation of myour product". (3) 'The vAthdrawal of similar products or batches that are not defective, when a defect in another product or batch has been found. (4) Acts, errors or ornissions of any of your employees,done with pdor knovAedge of any of your officers or directors, (5) Inherent vice, meaning a natural condition of property that causes It to deteriorate or become damaged. (6) *Bodily Injuryol or"Prripedy Darnage". (7) Failure of*your product" to accomplish its intended purpose, including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied, (8) Loss of reputation, custorner faith or approval, or any costs incurmd to regain custorner market, or any other consequential damages, (9) Legal fees or expenses, (10) Damages clairned for any loss, cost or expense incurred by you or others for the loss of use of "your product,", (111) "Product recall expense" arising from the"product recall"of any of'your products" for which coverage is excluded by endorsement, (12) Any'proiduCt recall initiated due to the expiration of the designated shelf life of'your product', 5. COVERAGE H -WATER DAMAGE LEGAL LIABILITY The Insurance provided under Coverage H (Serr%on 1) applies to'property damage" arising out of water damage to prenrises that are both rented to and occwpied by you. 10W 'The Limit under this coverage shall not be in addition to the Damage To Premises Rented To You Limit. The amount vie will pay is limited as described below in SECTION IIII-LIMITS OF INSURANCE. 6. COVERAGE I — DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM 'The following exclusion Is added to Paragraph 2. Exclusions of SECTION I — COVERAGES COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY�l r. This insurance does not apply to "bodily injury" or 'property damage* arising out of either your ongoing operations or operations included within the "produclls�cornpleted operations hazard" for any 'consolidated (Wrap-up) insurance progirarn" which has been provided by the prime contractor/ project manager or owner of the construction project in which you are involved,, This exclusion applies whether or not a consolidated (Wrap-up) insurance program., a. Provides coverage identical to that provided by this Coveraqe or b. Has limits adequate to cover all claims, This exclusion does not apply ff a 'consolidated (Wrap-up), insurance program" covering your operations has been cancelled, non-renewed or othervAse no longer applies for reasons other than exhaustion of all available limits, whether such limits are available on a prin"wary, excess or on any other basis, You must advise us of such cancellation, nonrenewal or termination as soon as piacticaDle. For purposes of this exclusion a 'consolidated (wrap-up) insurance program"' is a prograrn providing insuranck, coverage to all parties for exposures involved with a particular (typically rnaJor) constniction proAwft, CG 72 08 02 15 lncludes copyrighted material of Insurance Services Office, kic., with its l:mrvnisslon, Page 4 of 14 ................... CO 72 08 02 15 C. SUPPLEMENTARY PAYMENTS-COVERAGES A AND B is amended., 1. To read SUPPLEMENTARY PAYMENTS 2. Bail Bonds Item I.b. is amended as follows� b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies, We do not have to fumish these bonds. 3. Loss of Earnings Item I.d. is arriended as follovs: d. All reasonable expenses incurred by the insumd at our request to assist us in the investigation or defense of the claim or'suft", including actual loss of earnings up to$500 a day because of time off from work. 4. The following language is added to Item 1. However, we shall have none of the duties set forth above when this insurance apphes only for Voluntary Property Damage Coverage and/or Care, Custody or Control Property Damage Coverage and we have paid the Limit of Liability or the Aggregate Limit for these coverages. SECTION 11 - WHO IS AN INSURED A- The folloyAng change is made: Extended Reporting Requirements Item 3.&. is deleted and replaced by the follomng- a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of"th"epolicy period, whichever is eadier, B. The following provisions are added: 4. BROAD FORM NAMED INSURED Item 11 is added as follow&I f. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period only if there is no other similar insurance available to that entity, However" (1) Coverage A does not apply to "bodily injury" or "properly damage" that occurred before you acquired more than 50 percent of the voting stock; and (2) Coverage B does not apply to *personal and advertising intury" arising out of an offense committed before you aoquired more than 50 percent of the voting stock. 5. Additional Insured - Owners, Lessees or Contractors -Automatic Status When Requited in Construction or Service Agreement With You a. Any person or organization for whom you are performing operations Men you and such person or organization have agreed in writing in a contract,or agreement that such person or organization be added as an additionial insured on your policy is an insured. Such person or organization is an additional insured only with respecl to your liability foi-"bodfly injury", "property damage" or"personal and advertising lnjur)r Mich may be imputed to that person or organization directly arising out of". 1. Your acts or orriissions� or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional Insured, However,the insurance afforded to such addifional insured: 1. Only applies to the extent permitted by law", and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: CG 72 08 02 15 Includes copyrighted material of�nsurance Services Officea, lria.,with [as perrnission. Page 5 of 14 *77015'780* ------------ CG 72 08 02 15 I. "Bodily injury", "property damage"' or "personal and advertising injury" ans1ing out of the rendering of, or the failure to render, any prolfessional architectural, engineering or surveying services, including: a. The prepading, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activillies. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence"' which caused the "bDdily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services, 2. "Bodily injury" or"propeflydarnage"occurdngafter�l a. All wok including materials, parts or equipment furnished in connection YAth such work, on the project (other than servic�e, maintenance or repairs)to be perforrned by or on behalf of the additional insured(s)at the location of the covered operaitions has been completed; or b. That portion of"Your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principall as a part of the same project. 6. Additional Insured—Limited Products Completed Operations Coverage a. Any person(s) or oiganization(s), but ordy with respect to your liability for "bodily injury" or "property damage" which may be imputed to that person(s) or organization(s) directiy arising out of 4your work' performed for that additional insured and included in the "products-comp$eted operations hazard" is an insured, However (1) The insurance afforded to such additional insureds only applies to the extent permitted by law, (2) If coverage provided to the additional insured is required by a contract, or agreement, the insurance afforded to such additional insured will not be broader,than that which you are required by the contract, or agreement to provide for such additional insured, (3) Coverage will cease five years from the co mpletion of'your work"if (a) a timeframe is not stipulated in the written contract or mitten agreement, or 9 (b) a timeframe longer than 5 years isstipulaited In the written contract or written agreement. However if a lesser timeframe is stipulated in the written contract or wrttten agreement then that time frame will prevail. b. With respect to the insurance afforded to any additional insured under this endorsement, the folloydngi additional exeJusionary language shall apply: This insurance does not apply to 'bodily injury"' or Oproperty damage" arising out of the rendering of, or the failure to render,any professional architecture, engineering or surveying services, including- (1) The preparing, approving, or Ming to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. 7. Additional Insured-Vendors a. Any person(s) or organization(s) (referred to throughout this additional coverage as vendor), but only with respect to "'bodily injury" or "property damage*, which may be knputed to that person(s) or organization(s) arising out of Nyour products" shown vWth the Schedule which are distributed or sold in the regular course of the vendor's business is an insured, However (1) The insurance afforded to such vendor only applies to the extent permMed by law; and (2) If coverage provided to the vendor is required by a contract or agreernent,the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor, CG 72 08 02 15 Includes copyrighted material of Insurance Services Offic*, Inc., with its permission, Page 6 of 14 CO 72 08 02 15 b. With respect to the insurance afforded to these vendors,the following additional exclusions apply: (1) This insurance afforded the vendor does not apply to, (a) 'Bod�ly injuty" or 'proped�y darnage" for which the vendor is obfigaled to pay damages by reason of the assumption of liability in a contract or agreeirneni, 'niis exclusion does not apply to Usibiddy for darnages that the vendor would have in the absence of the contract or agreement,; (b) Any express warranty unauthorized by you; (c) Any physical or chernical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of Inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the odginaI container. (9) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of products, (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendors prernises in connection with the sale of the producl. (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a c*ntainer, part or ingredient of any other thing or substance by or for the vendor. (h) "Bodily Injury" or"'property damage" arising out of the sole neghgence of the vendor for its own acts or omissions or those of its empiloyees,or anyone else acting on its behalf. However, this exclusion does not apply to-, i. T'he exceptions contained in Sub.--paragraphs d.or C;or fi. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products, (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, pad or container,entering into, accompanying or containing such prwucts. 8. Additional Insured — Lessor of Leased Equipment — Automatic Status When Required in Lease Agreement With You a. Any person(s) or orgarOzation(s) from whom you lease equipment when you and such penson(s) or orgianization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy, Such person(s) or organization(s) is an insured only with respect to your liability for "bodily injury", "praperty damage" or "personal and advertising injury" directly arising out of the maintenance, operation or use of equipment leased to you, which may be impOed to such person or organization as the lessor of equipment. However,the insurance afforded to such additional insured* (1) Only applies to the extent permitted by law, and (2) Will not be broader than that which you are required by the cGntract or agreement to provide for such additional Insured, A person's or organization's status as an additional insured under this endorsement ends when their contract or agreernent with you for such leased equipment ends. b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence"which takes placm after the equipment lease expires. 9. Additional Insured—Managers or Lessors of Premises a. Any persori(s) or organization(s), but only with respect to liability ariskyj out of the ownership, maintenance or use of that part of the promises leased to you and subject to the follovAng additional excJusions: CG 72 08 02 15 Includes copyrighted matefial of Insurance Service�s Office, Inc., with Its permission. Page 7 of 14 *'78015'790* CG 72 08 02 15 This insurance does not apply to., (1) Any"occurrence"'which takes r.Aace after you cease to be a tenant in that prernises. (2) Structural alterations, new construction or demolition operations perfornied by or, on behalf of the person(s)or organization(s) afforded coverage by this additional coverage, However� (1) The insurance afforded to su0 addifionM insured only applies to the extent pennitted by law, and (2) If coverage provided to the additional insured is requir,M� by a contract or, agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 10. Additional Insured-Engineers, Architects or Surveyom Not Engaged by the Named Insured a. Any architects, engineers or surveyors vd,io are not engaged by you are insuredis, but only with respect to liability for"boddy in,jury" or"p�roperty damage" or"personal and advertising injur�y" which may be imputed to that architecA,engineer,or,surveyor arising out of� (1) Your acts or ornissions', or (2) Your acts or omissions of those acting on your, behalf; In the performance of your ongoing operations perfort'ned by you or on your behalf. But only if such architects, engineers or surveyors, while not engaged by you, are contractually,required to be added as an additional insured to your policy, However,the insurance afforded to such additional insured-, (1) Only applies to the extent perniitted by law-, and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured, b. With respect to the Insurance afforded to these additional insureds,the folloyAng additional exclusion applies" This insurance, does not apply to "bodily injury", "'property darnage" or "personal and advertising injury," arising out of the rendering of or failure to render any professional services, including: (1) The p�reparing, approving, or failing to prepare or approve, malps, drawings, opinions, reports, surveys, change orders,designs or specifications; or (2) Supervisory, Inspection or engineering services, This exclusion applies even If the daims against any insured allege negligence or other wrongdoing In the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the *bodily injury" or "'property, damage", or the offense which caused the "personal and advertising inkiry'", inv�olved the rendering of or the failure to render any professional services. 11. Additional Insured - State or Governmental Agency or Subdivision or Polifical Subdivision - Permits or Authorizations Any state or governmental agency or subdivision or political subdivision is an insured, subject to the following provisions: a. This insurance applies only with respect to operations performed t')y you or on your behalf for which the state or governmental agency or subdiv,isicm or polifical subiJivision has issued a permit or authorization., However.- (1) The insurance afforded to such additional Insured only applies to the extent pennitted by lavc, and (2) If coverage provided to the adriftional insured is required, by a contract or agreement, the insurancR afforded to such additional insured YAII not be broader,than that which you are required by the wntracA or agreement to provide for such additional insured,, CG 72 08 02 15 kicludes copyrighted material of Insurance Services Office, Inc., with its permiss,ion. Page 8 of 14 CO 72 08 02 16 b. This insurance does not apply to- (1) "Bodily in�jury,", "property damage" or "pemanal and advertising injury" arising out of operations performed for the federal goveniment, state or municiplahty; or (2) "Bodfly injury"or"property damage" included within the"products-completed operations hazard". 12. Additional Insured Consolidated Insurance Program (Wrap-Up) Off-Premises Operations Only -Owners, Lessees or Contractors a. Any persons or organizations for whom you are performing operations, for which you have elected to seek coverage under a ConsOidated Insurance Program, when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy is an insured. Such person or organization is an additional insured only with respect to your liability which may be imputed to that person or organization directly arising out of your ongoing operations performed for that person or organization at a premises other than any project or location that is designated as covered under a Consolidated �nsurance Program.A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. b� With respect to the insurance afforded to these additional insureds, the following additional exclusion applies, This insurance does not apply to-, "'Bodily injury". "property damage"', or 'personal and advertising injury' arising out of the rendering of, or failure to render, any pfofessional architectural,engineedrig or surveying services, including: (1) The preparing, approving, or, failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or dravAngs and specifications-, and (2) Supervisory, inspection 13. Additional Insured-Employee Injury to Another Employee With resplect to your*ernployees"who occupy positions whid'i are supervisory in nature: Paragraph 2.a.(1)of SECTION 11—WHO IS A NAMED INSURED is amended to read: a. "Bodily injury"or'personal and advertising injury" (1) To you, to your partners or rriembers (if you are a partnership or joint venture), or to your members (if you are a limited liability company),,, (2) For which there is any obligation to share darnages wfth or repay someone else who must pay damages because of the injury described in paragraph(I)(&)above, or (3) Arising out of his or her providing or failing to provide professional healthcare services. Paragraph 3.a. is deleted, For the purpose of this ftem 12 only, a position is deemed to tw supervisory in nature if that person perforrns principle work wNch is substantially different from that of his or her subordinates and has authority, to hire, direct, discipline or discliarge. SECTION III - LIMITS OF INSURANCE A- The following Items are deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Cover-age A. excepl damages because of "bodily injury" or "piviaerty damage" included in the"products-compleled operations hazard`� and c. Damages under Coverage B; and d. Damages under Coverage H. CO 72 08 02 15 Includes copyrighted material of Insurance Services office, mc.,worth its permission, Page 9 of 114 790 15800 ............ ............. CG 72 08 02 16 3. The Products�Cornpleted Operatioms Aggregate I irnit is the most we will pay under Coverage A for damages because of "bodily injury" and "'property darnage" included in the "products-completed operations hazardi" and Coverage G. 6. Subject to S. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of "property damage"to any one prernises, while rented to you, or in the case of damage by fire, explosion, lightning, smoke resulting ftnrn such fire, explosion, or lightning or sprinkler leakage while rented to you or temporarily occupied by you with plerenission of the owner, B. The following are added: 8. Subject to Paragraph S. of SECTION III -, LIMITS OF INSURANCE $25,000 is the most vie will pay under Coverage H for Water Damage Legal Liability,, 9. Coverage G-Product Recall Expense Aggregate Limit$50,000 Each Product Recall Umit$25,000 a. The Aggregate Limit shown above is the most we will pay for the sum of all "product recall expense" you incur as a result of all"producl rec,alls"you initiate during the endorsement period. b. The Each Product Recall Limit shown above is the most we will pay, subject to the Aggregate and $1,000 deductible, for "product recall expense" you incur for any one "product recall" you initiate duiring the endorsement pedold. We will only pay for the amount of Product Recall Expenses which are in excess of the deductible amount. The deductible applies separately to each Product Recall. 'The limits of insurance will not be reduced by the amount of this deductible. We may, or will if r,equired by law, pay all or any part of any deductible amount, Upon notice of our payment of a deductible arnount, you shall promptly reimburse us for the part of the deductible amount we paid, 10. Aggregate Limits of Insurance filer Location) The General Aggregate Limit applies separately to each of your *locations!' owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is intenurAed only by a street, roadway, waterway or right-of-way of a railroad, 11. Aggregate Limits of Insurance(Per Project) The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. 12. With respects to the insurance afforded to additional insureds afforded coverage by items 5 through 13 of SECTION 11—WHO IS AN INSURED above, the following is added'. The most we will pay on behalf of the additional insured is the amount of insuranew a. Required by the contract or agreemient" b. Available under the applicable I Jmfts of insurance shown in the Declarations, Whichever is less., This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 13. Subject to 5. of SECTION III —LIMITS OF INSURANCE, a $5,000 "occurrence" limit and a $10,000 ""aggregate' liffift is the most we will pay under Coverage A for darrages becaiuse of "property damage" covered under Coverage 0-Voluntary Property Damage Coverage. For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for this coverage. CG 72 08 02 15 Includes copyrighted matedal of Insurance Services Office, Inc.,with its permission. Page 10 of 14 ............. CG 72 08 02 15 14. Subject to 5. of SECTION III — LIMITS OF INSURANCE, a $25,000 "occurrence" limit and a $100,000 Naggregate" limit is the most we will pay under Coverage E -Care, Custody and Control Coverage regardless of the number of: a. Insureds; b. Claims made or"sufts" brought, or c. Persons or organizations making claims or bringing "suits",, Deductible .. Our obligation to pay damages on your behalf applies, only to the amount of damages in excess of $500� This deductible applies to all damages because of "property damage" as the result of any one "occurrencWl regardless of the number,of persons or organizations who sustain damages because of that"occurrence". We may pay any part or all of the deductible amount to effect settlement of any claim or *suit" and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. As respects this coverage"Aggregate" is the maximurn arnount we will pay for all covered "occurrencw during one policy period. For the purposes of this Cam, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for this coverage. 15. Subject to S. of SECTION III — LIMITS OF INSURANCE, the most we will pay for *propeny damage" under Coverage F - Electronic Data Liability Coverage for loss of'electronic data" is $50,000 without regard to the number of'occurrences�", SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS A. The follow4ng conditions are amerided: 1. Knowledge of Occurrence a. Condition 2., Items a.and b. are deleted and replaced by the following: (1) Duties In The Event Of Occurrence, Offense,, Claim Or Suit (a) You must see to ft that we are notified as soon as practicable of an moccurrence" or an offense which may result in a claim. Knowledge of an "occurrence," by your agent, servant or employee shall not in itself consthute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee, To the extent possible, notice should include: L How, when and where the"occurrence"took place; Ii. The names and addresses of any injured persons and witnesses,and III. The nature and location of any injury ordarnage arising out of the"occurrence"oroffense ,, (b) If a claim is made or"suit"is brought against any insured, you must: L Immediately record the specifics of the claim or"suit"and the date received; and ii. Notify us as soon as practicable, You must see to it that we receive written notice of the claim or"Suit"as soon as practicable,, Knowledge of a daim or "suir by your agent, servant or employee shall not in itself constitute knovdedge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. 2. Where Broad Form Named Insured is added in SECTION 11 — WHO IS AN INSURED of this endorsement, Condition 4.Other Insurance b. Excess Insurance(1).(a)is replaced, by the following: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to an insured solely by reason of ownership by you of more than 50 percent of the voting stock, and not withstanding any other language fin any other policy, This provision does not apply to a policy written to apply specifically in excess of this rmficy, CG 72 08 02 15 Includes copyrighted material of Insurance Services Office, li-sc., with its permission, Page 11 of 14 8 0 0 1.5 8 3.0 111111 fill I CG 72 08 02 15 B. 'The following are added" 1. Condition JS)of 2.c. (5) U�:*n our request, replace or repair the pmperty covered under Voluntary Property Damage Coverage at your actual cost, excludhig pmfit or,overhead. 10. Blanket Waiver Of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: prernises owned or occupled by or rented or loaned to you, ongoing operations performed by you or on your behalf, done under a contract with that person or organization, 'your work", or Oyour piroducts' We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury' or 'property darnage' occurs or the *personal injuryo or "advestising injury"offense is corninitted, 11. Liberalization If a revision to this Coverage 1'>arl, which would provide rnore coverage with no additional premiumi becomes effective during the policy period in the state dlesigna W, for the first Named Insured shown in the DeeJarations, your,policy will automatically ix,ovide this additional coverage on the effective date of the revision. 12. Unintentional Failure to Disclose All Hazards Based on our reliance on your rerpresentations as to existing hazards, if you unintentionally should fail to disclose all such hazards at the lorcepban date of your policy, we will not deny coverage under this Coverage Pad because of such failure. However, this provision does not affect our right to collect additional pternium or exercise our right of cancellation or non-renewal�. 13. The follovAng conditions are added in regard to Coverage G -Product Recall Expense In event of a "product recall", you must & See to it that we are notified as soon as practicable of a "product recall". To the extent possible, notice should include how, when and where the"product recali"took place and estimated 'producA recall expense",, b. Take all reasonable steps to minirnize"product recall expense�'. This will not increase the limits of insurance, c. If requested, permit us to question you under oath at such times as may be reasonably mquired about any matter relating to this insurance or your rJairn, including your books and records, Your answers must be signed, d. Permit us to inspect and obtain other infonnation proving the loss. You must send us a signed, swom statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. e. Cooperate with us in the investigation or settlement of any claivin. E Assist us upon our request, in the enforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies, g. Claims Handling Within IS days after we receive wriften notice of claim, we will: (a) AcknovAedge rec*ipt of the clairn. If we do inot acknowiedge receirA of the claim in writing, we will keep a record of the date, rnethod and content of the acknovAeadgment; (b) Begin any invesNation of the claim; and (c) Request a sigined, swom proof of loss, specify the inforrnation you must provide and supply you with the necessary forms. We rnay request rnore information at a Wer date, if during the investigation of the claim such additional information is neces%aty, (2) We will notify you in writing as to whether: (a) The claim or part of the claim will be paid; (b) The claim or pad of the claim has been denied, and inform you of the reasons for deniall� (c) More information Is necessaty; or (d) We need additional tirne to reach a decis0n. If we need additional time, we will inform you of the reasons for such need. CG 72 08 02 16 Includes czpyrighted material of Msurance Ser,vices Office, Inc., with fts peanission, Page 12 of 14 ........... CG 72 08 02 15 (3) We will provide notification, as described in(2)(a)through(2)(d)above,"hin: (a) 15 business days after we receive the signed, sworn proof of loss and all information we requested; or (b) 30 days after we receive the signed, swom proof of loss and all intonmation we reque,.Aed, if we have reason to believe the loss resulted from arson. If we have notified you that we need addftional time to reach a decision, we must then either approve or deny the claim within 45 days of such notice. h. We W11 pay for a.)vererl loss or damage within 5 b,usiness days after, (1) We have notified you that payment of the claim or part of the claim will be made and have reached agreement with you on the amount of loss; or (2) An appraisal award has been made. However, if payment of the claim or part of the daim is conditioned,on your compliance with any of the terrns of this policy, we will make payment within 5 business days after the date you have complied with such terms, i. Catastrophe Claims If a claim results from a weather related catastmphe or a major natural disaster, the claim handling and claim payment deadlines described in a. and b. above are extended for an additJonal 15 days. Catastmphe or Maijoir Natural Disaster means a�weather related event which is: (1) Declared a disaster under the Texas Disaster Act of 1975, or (2) Determined to be a catastrophe by the State Board of Insurance. J. The term "business day", as used in this endorsement, means a day other than Saturday, Sunday or a holiday recognized by the state of Texas. k. We will issue loss payment to the first Named Insured shown in the Declarations and any mortgagee or loss payee as designated, 14. Limited Railroad Contractual Liability The folloyAng conditions are applicable only to coverage afforded by reason of the redefining of an "insured contract"in the DEFINITIONS section of this endorsement: a. Railroad Protective Liability coverage provided by ISO form CG 0035 with minimum limits of$2,000,000 per occurrence and a $6,000,000 general aggregate limit must be in place for the entire duration of any project. b. Any amendment to the Other Insurance condition of form CG 0035 alters the primacy of the coverage or which impairs our right to contribution will rescind any coverage afforded by the redefined *insured contract"' language, c. For the purposes of the Other Insuranir;e condition of form CG 0035 you, the named insured, will be deemed to be the designated contractor, SECTION V - DEFINITIONS A. At item 12. Mobile Equipment the wording at C(I)is deleted and replaced by the following: C(l)Equipment designed primarily for- (a) Snow removiali-, (b) Road maintenance, but not construction or ivsurfacing� or (c) Street cJeaning; except for such vehicles that have a gross vehicle weight less then 1,000 lbs which are not designed for highway use. B. Item 3."bodily injury"is deleted and replaced with the followirg: 3. "Bodily injury" means physical injury, sickness or disease sustained by a person, This inducles mental anguish, mental injury, shock, fright or death that results from surb physical injury, sickness or disease. C. Item 9. "Insured Contract"c. is deleted and replaced with the follovAng: c., Any easement or license agreement,; D. Item 9."Insured Contract"f.(I)is deleted E. The follovAng definitions are added for this endorsement only: 23. "Electronic data"means information, facts or prograrns stored as or on, Created or used on, or transmitted to or from cornputer software, including systems and apptications software, hard or floppy disks, CD-ROMS, tape drives, cells, data proc*ssinq devices or any other media which are used with electronically contmiled equipment. CG 72 08 02 IS Includes copyrighted material of Insurance Services Office, hic., with its permission. Page 13 of 14 *81015820* 11111111111111111 . ........ ......................... CO 72 08 02 15 24."Product recall" means a vAthdrawal of, removal from the market of"your product" based on the determination by you or any regulatory or govetrimental agency that� a. The use or consurnr4ion of "your product" has caused or vAll cause actual or alleged "bodily injury" or "'property damage"; and b. Such determination requires you to recover possession or control of "your, product" from any distributor, purchaser, or user, to repair or replace "your product,", but only If "your product,"' is unfit for use or consumption, or is hazardous as a result of� (1) An error or omission by an insured in the design, manufacturing, processing, labeling, storage, or transportation of"your product",. or (2) Actual or alleged intentional, mahrious or wrongful alteration, or contamination of "your product" by someone other than you., 25. "Product recall expense"means reasonable and necessary,expenses for: a. 'Telephone, radio and television communication and printed advertisements, including stationery, envelopes and postage, b. Transporting recalled products from any purchaser,distributor or user,to locations designated by you. c. Remuneration paid to your employees for overtime, as well as remuneration paid to additional employees or independent contractors you hire. d. Transportation and accommodation expense incurred by your employees. a. Rental expense incur-red for temporary locations used to store recailled products. It. Expense fturred to properly dispose of recalled products, including packaging that cannot be reused, g. Transportation expenses incurred to replace recalled products. h. Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, pmcessing, acquisition and/or distribution. Ttiese expenses must be incurred as a result of a"product,recall". CG 72 08 02 iS Includes copyrighted material of Insurance Services Office, Inc,, with its permission. Page 14 of 14 POLICY NUMBER: 85.'316434 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsernerit rnodifies insurance provided under the following: COMMERCIAL GENERAL LIABIL�TY COVERAGE PART SCHEDULE ............ Name Of Additional Insured Person(s) Locat Of Covered ns ............ ............. ANY PERSON OR ORGANIZATION To WHOM LOCATIONS DESIGNATED AND YOU HAVE AGREED TO NAME AS ADDI- DESCRIBED IN THE ABOVE TIONAL INSURED BY WRITTEN CONTRACT MENTIONED WRITTEN CONTRACT OR AGREEMENT IF THE CONTRACT OR OR AGREENENT AGREEMENT IS EXECUTED PRIOR TO LOSS .......... information required to complete this Scheduie, if not shown above, will be shown in the Declarations,, -......................_ ..........__................. A. Section 11 - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional inisured the person(s) or additional insureds, the following addftnal organization(s) shown in the ScIliedule, but only exclusions apply', with respect to liability,for "bodily injury", W property This insurance does not apply to "bodily injuW or damage� or "personal and adveffising inlufyw "p�roperty damage"occurring after: causK in whole or in part, by.- 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf-, maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the addificinal insured(s) at the the additional Insured(s) at the location(s) location of the covered operations has been designated above. completed;or However* 2. That portion of -Wur work" out of which the injury or damage arises has been rAit to its 1. The insurance affbrded to such addifional intended use b y any person or organization insured only applies to the extent per7fitted by other than another contractor or subcontractor law-, and erxjaged in performing operations for a 2. If coverage provided to the additional Wisured is principal as a part of the same p"ect. required by a contract or agreement, the insurance afforded to such additional insured will not be brolader ffian that which you are requifed by the contract or agreement to provide for such additional insured,, CG 20 10 04 13 0 Insurance Services Office, Inc.,2012 Page I of 2 *53015540* 1 Eli 111 ......................... C. With respect to the insurance afforded to these 2. AvailaWe under the applicable Limits of addificinal insureds, the following is added to Insurance shown In the Declarations; Section III—Urnits Of Insurance, whichever is less. If coverage provided to the additional insured �s 'Mis endorsement shall riot increase the required by a contract or agreernent, the most we applicable Limits of Insurance shown in the will pay on behallf of the additional insured is the Declarations. arriount of insurance: 1. Required by the contract or agreerneft,or Page 2 of 2 0 InSUrance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER- 8531.64�34 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement madifies insurance provided under,0-te following'. COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) nr Cim Location And Description Of completed 2peratio, s ANY PERSON OR ORGANIZATIO14 TO WHOM LOCATIONS DESIGNATED AND YOU HAVE AGREED TO NAME AS ADDI-­­ DESCRIBED IN THE ABOVE TIONAL INSURED BY WRITTEN CONTRACT MENTIONED WRITTEN CONTRACT OR AGREEMENT 'LF THE CONTRACT OR OR AGREEMENT AGREEMENT IS EXECUTED PRIOR TO LOSS F­—Inform ation required to complete this Schedule, if not shown above �l be�sWwn in�the Declara�hons PREMIUM 2.�'500 A. Section 11 —Who Is An Insured Is amended to B. With respect to the insurance, afforded to these include as an additional Insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury* or if coverage provided to the additional insured is .property damage"caused, in whole or in pawl, by required by a contract or agreement, the most we Myour work" at the location designated and voill pay on be half of the additional insured is the described in the Schedule of this endorsement amount of insurance: perf'onrned for that additional insured and 1. Required by the contract or agreement,; or included In the "products -completed operations "'Ai,72. Available under the applicable Limits of hazard". Insurance shown in the Declarations, However: whichever is less. 1. The fturance afforded to such additional insured only applies to the extent permitted This endorsement shall not increase the applicable by law, and Limits of Insurance shown in the DeclarationS. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to pivvide for such additional insured CG 20 37 04 13 0 Insurance Services Office, Inc., 2012 Page I of 1 *5401.5550* COMMERCIAL GENERAL LIABILITY CG 20 0104 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION l"his endorsement modifies insurance provided under the followjng� COMMERCIAL GENERAL LIABUTY COVERAGE PART PRODUCTSJCOMPLETED OPERATIONS LIABILITY COVERAGE PART The tollow�ing ls added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance frorn any other insurailce available to the additional insured,, This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that- (1) The additional insured is a Narned Insured under such other�nsurance', and CG 20 01 04 13 0 Insurance Services Office, Inc., 2012 Page I of I COMMERCIAL GENERAL LiABILITY POLICY'NUMBEk 85316434 CG 02 05 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provid�ed under the follovAng� COMMERCIAL GENERAL,LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILlTY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIAB11 ITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material chaivje that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material chainge to: SCHEDULE 1. Name- ANY PERSON OR ORGANIZATION THAT YOU AGREE TO PROVIDE 30DKOC BY ............... ENT-SCHEDULE IS ON' FILE WITH COMPANY Number of days advance notice: 30 ................ Inforrnation required to complete this Schedule, if not shown above, will be shown in the Declarations. .................. CG 02 05 12 04 0 1180 Properties, Inc.,2003 Page I of I *52015530* CA 71 09 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ULTRA ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COVERAGE INDEX Descriptio n Page TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE 1 BROAD FORM INSURED 1 EMPLOYEES ASINSUREDS 2 ADDITIONAL INSURED STATUS BY CONTRACT, AGREEMENT OR PERMIT 2 AMENDED FELLOW EMPLOYEE EXCLUSION 2 TOWING AND LABOR 2 PHYSICAL DAMAGE ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 3 EXTRA EXPENSE -THEFT 3 RENTAL REIMBURSEMENT AND ADDITIONAL TRANSPORTATION EXPENSE 3 PERSONAL EFFECTS COVERAGE 4 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 4 AIRBAG ACCIDENTAL DISCHARGE 4 AUTO LOAN/LEASE TOTAL LOSS PROTECTION ENDORSEMENT 4 GLASS REPAIR — DEDUCTIBLE AMENDMENT 5 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 5 WAIVER OF SUBROGATION REQUIRED BY CONTRACT 5 UNINTENTIONAL FAILURE TO DISCLOSE 5 HIRED, LEASED, RENTED OR BORROWED AUTO PHYSICAL DAMAGE 5 EXTENDED CANCELLATION CONDITION 6 The COVERAGE INDEX set forth above is informational only and grants no coverage. Terms set forth in (Bold Italics) are likewise for information only and by themselves shall be deemed to grant no coverage. A. TEMPORARY SUBSTITUTE AUTO PHYSICAL B. BROADENED LIABILITY COVERAGES DAMAGE SECTION II — LIABILITY COVERAGE in Paragraph A. SECTION I —COVERED AUTOS, paragraph C. Certain Coverage at 1. Who Is An Insured is amended to Trailers, Mobile Equipment and Temporary include the following: Substitute Autos is amended by adding the following at the end of the existing language: (Broad Form Insured) If Physical Damage Coverage is provided under this d. Any legally incorporated subsidiary in which you Coverage form for an "auto" you own, the Physical own more than 50% of the voting stock on the Damage coverages provided for that owned "auto" are effective date of the Coverage Form. However, the extended to any "auto" you do not own while used with Named Insured does not include any subsidiary that the permission of its owner as a temporary substitute for is an "insured" under any other automobile policy or the covered "auto" you own that is out of service would be an "insured" under such a policy but because of its breakdown, repair, servicing, "loss", or for its termination or the exhaustion of its Limit destruction. of Insurance. CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 6 CA 71 09 01 06 e. Any organization that is acquired or formed by you, C. AMENDED FELLOW EMPLOYEE EXCLUSION during the term of this policy and over which you maintain majority ownership. However, the Named Only with respect to your "employees" who occupy Insured does not include any newly formed or positions which are supervisory in nature, SECTION II. acquired organization: LIABILITY B. Exclusion 5. Fellow Employee is (1) That is a joint venture or partnership, replaced by: (2) That is an "insured" under any other policy, 5. Fellow Employee : (3) That has exhausted its Limit of Insurance under "Bodily Injury" any other policy, or (a) To you, or your partners or members (if you 4 180 days or more after its acquisition or are a partnership or joint venture), or to your ( ) Y q members (if you are a limited liability formation by you, unless you have given us company); notice of the acquisition or formation. Coverage does not apply to "bodily injury" or (b) To your "executive officers" and directors (if "property damage" that results from an accident that you are an organization other than a occurred before you formed or acquired the partnership, joint venture, or limited liability organization. company) but only with respect to performance of their duties as your officers or directors; (Employee as Insureds) f. Any employee of yours while acting in the course of (c) For which there is an obligation to share damages with or repay someone else who your business or your personal affairs while using a must pay damages because of the injury covered "auto" you do not own, hire or borrow. described in paragraph a and b above; or (Additional Insured Status by Contract, Agreement (d) Arising out of his or her providing or failing or Permit) to provide professional health care services. g. Any person or organization whom you are required For purposes of this endorsement, a position is deemed to add as an additional insured on this policy under to be supervisory in nature if that person performs a written contract or agreement; but the written principle work which is substantially different from that contract or agreement must be: of his or her subordinates and has authority to hire, (1) Currently in effect or becoming effective during transfer, direct, discipline or discharge. the term of this policy; and D. BROADENED PHYSICAL DAMAGE COVERAGES (2) Executed prior to the "bodily injury" or "property damage". SECTION III — PHYSICAL DAMAGE COVERAGE Coverage is amended as follows: The additional insured status will apply only with respect to your liability for "bodily injury" or "property damage" (TOWING AND LABOR) which may be imputed to that person(s) or 2. Towing and Labor organization(s) directly arising out of the ownership, maintenance or use of the covered "autos" at the We will pay towing and labor costs incurred, up to the location(s) designated, if any. limits shown below, each time a covered "auto" Coverage provided by this endorsement will not exceed classified and rated as a private passenger type, "light the limits of liability required by the written contract or truck" or"medium truck" is disabled: written agreement even if the limits of liability stated in (a) For private passenger type vehicles or"light the policy exceed those limits. This endorsement shall trucks" we will pay up to $75 per not increase the limits stated in Section Il. C. Limits of disablement. "Light trucks' have a gross Insurance. vehicle weight (GVVU) of 10,000 pounds or For any covered "auto" you own this Coverage Form less. provides primary coverage. CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 6 CA 71 09 01 06 (b) For "medium trucks" we will pay up to $150 (2) We will pay only for expenses incurred per disablement, "Medium trucks" have a during the policy period and beginning 24 gross vehicle weight (GVW) of 10,001 lbs. hours after the "loss" and ending, regardless to 20,000 pounds, of the policy's expiration, with the lesser of the following However, the labor must be performed at the place of following number of days: disablement. ( ) The number of days reasonably required to repair or replace the covered (PHYSICAL DAMAGE ADDITIONAL "auto." If "loss" is used by theft, this TRANSPORTATION EXPENSE COVERAGE) number of days is added to the number of days it takes to locate the covered 4. Coverage Extensions "auto" and return it to you, or a. Transportation Expense is amended to (b) 30 days. provide the following limits: (3) Our payment is limited to the lesser of the We will pay up to $50 per day to a maximum of following amounts', $1,000. All other terms and provisions of this (a) Necessary and actual expenses section remain applicable, incurred; or (EXTRA EXPENSE® THEFT) (b) $35 per day. The following language is added to 4. Coverage (c) This coverage does not apply while Extensions: there are spare or reserve "autos" c. Theft Recovery Expense available to you for your operations. (d) If "loss" results from the total the of a If you have purchased Comprehensive covered "auto" of the private passenger Coverage on an 'auto" that is stolen, we will pay or light truck type, we will pay under this the expense of returning that stolen auto to you. coverage only that amount of your The limit for this coverage extension is$5,000. rental reimbursement expense which is not already provided for under the (RENTAL REIMBURSEMENT AND ADDITIONAL SECTION III — PHYSICAL DAMAGE TRANSPORTATION EXPENSE) COVERAGE, A. Coverage, 4. d. Rental Reimbursement Coverage Extensions, a. Transportation Expenses. We will provide Rental Reimbursement and (PERSONAL EFFECTS COVERAGE) Additional Expense coverage only for those Physical Damage coverages for which a a. Personal Effects premium is shown in the Declarations or If you have purchased Comprehensive schedule pages. Coverage applies only to a Coverage on this policy for an "auto" you own covered 'auto" of the private passenger or light and that "auto" is stolen, we will pay, without truck (10,000 lbs. or less gross vehicle weight) application of a deductible, up to $500 for type for which Physical Damage coverages Personal Effects stolen with the "auto". The apply. insurance provided under this provision is (1) We will pay for auto rental expense and the excess over any other collectible insurance. For expense incurred by you because of "loss" this coverage extension, Personal Effects to remove and transfer your materials and means tangible property that is worn or carded equipment from a covered "auto" to a by an "insured". Personal Effects does not covered "auto." Payment applies in addition include tools, jewelry, guns, musical to the otherwise applicable coverage you instruments, money, or securities. have on a covered "auto." No deductible applies to this coverage. CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, lnc,,, with its permission. Page 3 of 6 CA 71 08O1 06 (AUDIO, VISUAL AND DA TA ELECTRONIC (4) With respect to this oovensge, the most we EQUIPMENT COVERAGE) will pay for all ''|000" of audio, visual or data electronic equipment and any accessories (Deletion of Audio Visual Equipment Exclusion) used with this equipment as a naou|t of any f. Audio, Visual and Data Electronic one "accident" io the lesser of: Equipment Coverage. (a) The actual cash value of the damaged or stolen property as of the time of the We will pay for ''|000" to any electronic ''|000^� equipment that receives or transmits audio, (b) The coot of repairing or replacing the visual or data signals and that is not designed damaged or stolen property with other solely for the reproduction of sound. This property of like kind and quality; or coverage applies only if the equipment is *1.000� permanently installed in a covered ''auto" at the time of the ''|000^ or the equipment is removable minus a deductible of$1OO from a housing unit which is permanently installed in o covered "auto" at the time of the An adjustment for depreciation and physical "loss", and such equipment is designed to be condition will be made in determining actual solely operated by use of the power from the cash value at the time of loss. |farepair or . . .. replacement results in better than like kind auto's" e|e�hoo| oy�em. in or upon the or we will not pay for the amount of covered ''auhu�^ ' the betterment. (1) We will pay with respect toacovered "auto" If there is other coverage provided for audio. for ^|000" to any accessories used with the visual and data electronic equipment, the electronic equipment described above. coverage provided herein is excess over any Hmwever, this does not include tapes, other collectible insurance. records or discs. (2) In addition to the exclusions that apply to (AIRBAG ACCIDENTAL DISCHARGE) Physical Damage Coverage with exception D. SECTION ||| — PHYS|CAL DAMAGE COVERAGE, of the exclusion relating to audio, visual and B. Exclusions is amended as follows: data electronic equipment, the following exclusions also apply: The following language is added to Exclusion 3.: (3) We will not pay for any electronic If you have purchased Comprehensive or Collision equipment or accessories used with such Coverage under this po|icy, this exclusion does not electronic equipment that are: apply to mechanical breakdown relating to the accidental discharge of an air bag This coverage the covered "auto" for the monitoring of (a) Necessary for the normal operation of applies only to a covered auto you own and is the covered "auto's" operating system; of any other collectible insurance or warranty. � ' or No deductible applies to this coverage. E.(b) Both: E AUTO LOAN/LEASE TOTAL LOSS PROTECTION An integral part of the same unit SECTION U| — PHYSICAL DAMAGE COVERAGE — C. housing any sound reproducing Limit of Insurance is amended by adding the following equipment designed solely for the language: reproducing of sound if the sound reproducing equipment is permanently 4. In the event of a total ^|000" to a covered "auto" installed in the covered "auto"; and shown in the Schedule pageo, subject at the time of the "loss" to a loan or lease, we will pay any unpaid Permanently installed in the opening c� amount due on the lease or loan for a covered the dash or console normally used by .auto" less: the manufacturer for the installation of radio. CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 6 CA 71 09 01 06 a. The amount paid under the Physical Damage (4) Your members, managers or insurance Coverage Section of the policy; and manager, if you are a limited liability b. Any: company; or (5) Your officials, trustees, board members or (1) Overdue lease / loan payments at the time of the "loss"; insurance manager, if you are a not-for-profit organization. (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear G. WAIVER OF SUBROGATION REQUIRED Y or high mileage; CONTRACT (3) Security deposits not returned by the lessor; Under SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions 5. Transfer (4) Costs for extended warranties, Credit Life of Rights of Recovery Against Others to Us Insurance, Health, Accident or Disability the following language is added: Insurance purchased with the loan or lease; However, we waive any rights of recovery we may and have against the person or organization with whom (5) Carry-over balances from previous loans or you have agreed in writing in a contract, agreement leases. or permit, to provide insurance such as is afforded under the policy to which this endorsement is (GLASS REPAIR —DEDUCTIBLE AMENDMENT) attached. This provision does not apply unless the written contract or written agreement has been Under D., Deductible is amended by adding the executed, or permit has been issued, prior to the following: "bodily injury" or "property damage." Any deductible shown in the Declarations as H. UNINTENTIONAL FAILURE TO DISCLOSE applicable to the covered "auto" will not apply to glass breakage if the damaged glass is repaired, Under SECTION IV — BUSINESS AUTO rather than replaced. CONDITIONS, Subsection B. General Conditions , F. AMENDED DUTIES IN THE EVENT OF the following is added to 2. Concealment, ACCIDENT, CLAIM, SUIT OR LOSS Misrepresentation Or Fraud: Your unintentional error in disclosing, or failing to Under SECTION IV — BUSINESS AUTO CONDITIONS, disclose, any material fact existing at the effective Subsection A., Loss Conditions , the following is date of this Coverage Form, or during the policy added to paragraph 2. Duties In The Event of period in connection with any additional hazards, will Accident, Suit or Loss: not prejudice your rights under this Coverage Form. d. Knowledge of any "accident," "claim," "suit" or I. HIRED, LEASED, RENTED OR BORROWED AUTO PHYSICAL DAMAGE "loss" will be deemed knowledge by you when notice of such "accident," "claim," "suit" or "loss" Under SECTION IV — BUSINESS AUTO CONDITIONS has been received by: B. General Conditions 5. Other Insurance (1) You, if you are an individual; Paragraph 5.b. is replaced by the following: (2) Any partner or insurance manager if you are b. (1) For "Comprehensive" and "Collision" Auto a partnership; Physical Damage provided by this endorsement, the following are deemed to be covered "autos" (3) An executive officer or insurance manager, you own: if you are a corporation; (a) Any Covered "auto" you lease, hire, rent or borrow; and CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 6 CA 71 09 01 06 (b) Any Covered "auto" hired or rented by your (3) This Hired Auto Physical Damage coverage is "employee" under a contract in that excess over any other collectible insurance. individual "employee's" name, with your penniesiun, while performing duties related (4) Definitions For This Section to the conduct of your business. (o) Comprehensive Coverage: from any cause However. any ^auto" that is |eaeed, hied, rented or except the covered "auto's" collision with borrowed with adriver ie not acovered "auto" another object or the covered "auto's" overturn. We will pay g|ooe breakage. ''|000" (2) Limit of Insurance For This Section caused by hiding a bird or animal and. ^|ooe^ The most we will pay for any one ^|ooe^ is the caused by failing objects or missiles. lesser of the following: (b) Collision Coverage: caused by the covered "auto's" collision with another object or by (a) $50.000 per accident, or the covered "auto's" overturn. (b) actual omoh value at the time of |uoo. or J. EXTENDED CANCELLATION CONDITION (o) ouot of repair. A. Under CANCELLATION, of the COMMON POLICY CONDITIONS form. item 2.b is replaced by the minus a $500 deductible. An adjustment for following: depreciation and physical condition will be made in determining actual cash value in the event of b. GO days before the effective date of cancellation a total loss. No deductible applies to ^|oea^ if we cancel for any other reason caused by fire or lightning. CA 71 09 01 08 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page G of 85316434 POLICY NUMBER-, COMMERCIAL AUTO CA 7133 12 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the follovving� BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM 'TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless mod- ified by the endorsernent, This endorsement changes the policy effective on the inception date of the pollicy unless another date is indi- cated below. Endorsement Effective,,-, Countersigned By: I——.......................- Named Insured: (Authorized Re. resentative) SCHEDULE Number of Days' Notice 30 Name Of Person Or Organization A Y SON OR ORGANIZATION THAT YOU AGREE TO PROVIDE 30DNOC BY Address W ITTEN CONTRACT OR AGREEMENT-SCITEDULE IS ON F�ILE WITH COMPANY If this policy is canGeled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of day's notice indi- cated in the Schedule, CA 71 33 12 10 a ISO Properties, Inc, 2003 Page I of I Includes copyrighted material of Insurance Services Office, Inc., VAth its pernlission, *37015360* 11111111 IN 1111111111111111 oil 1111 P-r WORKERS' COMPENSATION AND EMPLOYERS jexasmutuar LIABILITY INSURANCE POLICY Insum=Campoy WC 42 03 04 B TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to rea.wer our payrnents from anyone liable for an injury cxwered by this policy, We will not enforce our right against the person or orgainization riamed in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations descAibed in the S(liedule to you are required by a written contra(A to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedul e, The premiurn for this endorsernent is shown in the Schedule Schedule 1, Specific Waiver, Name of person or organization X Blanket Waiver Any person or organization for whom the Named insured has agreed by written cmntraci to furnish this waiver, 2, Operations: ALI TEXAS OPERATIONS 3. Premium The prerniurni charge for this end oisernent shall be peircent of the premiurn developed on paiyroll in connection with work perforrned for the above person(s)or,organization(s) dsing out of the operatio;ns described, 4.Advance Prernium INCLLJDED, SEE INFORMATION PAGE, This andoisainent ctianges ft policy to Wk.h ft m s attached effechive on the Imef.bon date of the n unkm a dMerent date is Indlcated bekm, (Tim 1dkrMrwg"a1tachimp cAause'need be cwnpieled only when Oft endoirsement is isemd mib"quent to a° ua,raatmum°u oT the poilcy) Thk%strJorwient,effeedve on at 12V AM,standard time,farxtis a pail of Poficy No, NSF-000't 193570 20150812 oftil-ue"r'exasMutuaI IiiisurariceCorviipany issuedto WILLIAM J SCHULTZ INC DSA: CIRCLE C CONSTRUCT11094 COMPANY Endorsement No. Premium$ N= Carrier Code 29939 Authorized Repr esentative W 20304(ED.6-01.20U) INSURED'S COPY GUSER 8-11----2015 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:De=nber2l,2012 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article | —[)cfindiono and Terminology..........................................................................................................| 1.01 Defined Terms...............................................................................................................................| 1.02 Tcrnnino|ogy..................................................................................................................................6 Article 2—Preliminary Mu1tero----------------------------------------.7 2.01 Copies of Documents--------------------------------------..7 2.02 Commencement of Contract Time;Notice hn 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 ]—Contract Documents: Intent,Amending, Reuse............................................................................8 ].O| Intent..............................................................................................................................................Q 3.02 Reference Standards......................................................................................................................9 3.03 Reporting uod Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents---------------------'|0 3.05 Reuse of Documents--------------------------------------.)0 ].)6 Electronic Data............................................................................................................................ll Article 4—Au/ui)ubU�«o�LumJo' Subaur��cuod Physical Hazardous Environmental '� " . '�_-_ —__, Conditions; Reference Points........................................................................................................... | ) 4.01 Availability of Lands .................................................................................................................. l) 4.02 Subsurface and Physical Conditions ------------------------------l2 4.03 Differing Subsurface orPhysical Condbkons-------------------------.. 12 4.04 Underground Facilities -------------------------------------|3 4.05 Reference Points ----------------------------------------.l4 4.06 Hazardous Environmental Condition u1 Site..............................................................................)4 Article 5—Boudm and |oouruocc ---------------------------------------16 5.01 Licensed Sureties and Insurers................................................................................................... )6 5.02 Performance, Payment, and Maintenance Bonds....................................................................... )6 5/)] Certificates of Insurance............................................................................................................. l6 5.04 Contractor's Insurance................................................................................................................l8 5/05 Acceptance of Bonds and Insurance; Option 0n Replace-------------------..|9 Article 6—Contractor's Responsibilities........................................................................................................|9 6.01 Supervision and Superintendence...............................................................................................l9 CITY m FORT WOum STANDARD CONSTRUCTION spec/pcxrmmDOCUMENTS Revision December2l,2012 6]02 Labor; Hours.___~..~~~~..__. _~,,~~_~_~~_~_~,~, ~,_~~^,..,,. ,~.,~_~,,__,^~,~,20 6.03 Services,Materials, and Equipment^ I .~^~-^~^^-~~--~~~~`~~~~~--^~--~^~~-^20 6.04 Prqjeet Scht.-du&e....,.~ ._...~.~....'^~.~_,,~,...~,.,,__,_,.,,,~,_,,,,_,,.__,_,^~,,,_,21 6.05 Substitutes and _,.....^'~,~.,^~-----'^^^................._._.__.-.~...._-..... .......^...............-2} 6])6 Concerning Subcontractors, Suppliers,and ...... -.~_._~~~~~~ __24 6.07 Wage Rates..... .......-'`.^..~.^._,.....~..~^.^..~_.~~.~~_-_~_._~^^..-^`^-^^-`''`^^^^^`-^^^'~^^~^-^^^~``~^~^-^'~~25 6.08 Patent Fees and Royalties ... .~ .................._...... ........~.~_ 26 6.09 Pen-nits and[Jtri li kiem...~...~_._ ..........~....___^.^.~-.~.....~,,. ..............,....................,,,,,_^,,,.,^,..,,.~,27 6.10 Laws and Regulations._ ....... . ......... ..... ..~....~~.27 6.11 Taxes ~~~ ~..^..~~~ ......... .-^^~~ _^~~~~~~~-~~^-~-^~^~~^~~~ ~~28 6.12 Use of Site and Other Areas.. ............... ......,~.~~^~ .......... .~~~~~....... 2 8 6.13 Record Docudments...................,._~...~...............................~~...~.,..^..,~.__...........~^_.^..~.......---.~.29 6.14 Smfi�tyQnd Protection ........--- .,.,..-...._--..._~............. .......... ........----............... ......... ......Z9 6.15 Safety _~~..~~~_._~.~~..~ ........... _-__.~~~~~~ ..-~.,.30 6.16 Hazard Communication Prograrns .............,..._~-_.^~..,.._.,~........~....__~_'...^~......................30 6.17 Emergencies arid/or ._~~~.~^.~~~_.~~ ..__~_~ .~~.~~_-~~.~~~.~~-.~30 6.18 Su bmittal s......_~.__..................... ......~.~.-~.~._...~....... .........................~~...3l 6.19 Continuing the .-__ ...... ....... ---------32 6.20 Conti-actor's Gemcrarl Warranty and Guarantee ...... ......_..~-.................... -............^........._.....32 6.21 Indemmnificatiwn ..........~-.......................... ........ __-..--_..............~..........33 6.22 Delegation of PmofiesmionalCemgn Set-vices...............................~............._.~._-........... .....,..,_,34 6.23 Right to A udit~. _............~............_...........----.......----~~.~~.. ........--------34 6.24 Nondiscriniii,ration..................---.....................^........... ....^ .............--�..35 Article 7-Other Work at the Site...,^..........^...._~..~^.~................................................_.^....................................35 7J01 Related Work at Sitc.- ........ .................... .............. ~ ...._...._,. ...................-~~~.^.~.._--...-~^~-~35 7]02 .... .~..~^...............~....-....... ._-. .................~..^.....36 ' Article B-(}itn m _.'~^.~ ~___~^~~~. ................... .~-~,~-'36 8.01 Communications toCon&ractmr....-..~._.._~^....^....................---..............~.-.,~.................. .. ......36 8.02 l7u;nimh Data........~,,~~_,-......... _-..............................-....~...'.~_.._............. ^~~^^~................^...,,_36 8.03 Pay When Due ............_~_^~..-..~ ....... ,~...~~~~._~~.~__.--,~~^~~..~~ .,,~~ ~_,_~.~~_ ,,_,36 8.04 Lands and uod'I"ests..~._~_.__~~.~..~~._~.~~..~~~,~,~~,.-~~,~~, ,~36 8.05 ....,... ..36 8.06 Tests,and Approvals ..... ._~_.~_. ...............~...,.., ...... ~_-............... ~~,,~,~,,36 8.07 Limitations mmCity's ibilitiea.-. ....................-~.......~..._.,._...^......................^^,,~,,.37 8J08 Undisclosed Hazardous Environmental Condition~....... .........................................................,~..37 8J09 Compliance with Soft�ty f\rticleA-City`oObservation Status During Cnumtrxction,....... .-_^_............---..................~_,~_`,~^,~,37 9.01 City's Project Representative~,,~~__,~,_~~_,__,~_,___~,____~^,_,~~,.~~.,,_~,.,..,^~~37 9.00 Visits to Site- ...--_-___-_ .......-~................^_.~'~.~~ ~~~ -'~~~ `~-~-```~~-~ -----`----~~37 9.03 Authorized Variations in Work ...., ........ ................................................. ....~~,,,,~_,,,~~,~,,._.,,,,38 9/4 Rejecting Detective Work........................................ .........,._.........__,,,,~,,,_,, ......_ ...........____38 9.05 Determinations for Work ...... -..........~.^_....~.._..........~,,,._,,,_~,,.,,~~~,. ,38 9J06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CfrY0F FORTmORT STANDARD CONS n«D" ]ON mPxCeCATInmov)CzmwsmTS Revision:Dmimbn 21,2012 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:Domnber21,2012 Articlel7—Miscellaneous..............................................................................................................................62 17.01 Giving Notice..............................................................................................................................02 17.02 Computation ofTbncu................................................................................................................02 17/03 Cumulative Remedies.................................................................................................................02 l7.04 Survival of Obligations...............................................................................................................03 ]7/}5 Headings--------------.--..------...,------------..-----.63 CITY mFORT WORTH STANDARD CONSTRUCTION upsc»c^TmmoocomemTo Revision:Decernber2l,2012 007200-1 General Conditions Page 1 of 63 ARTICLE 1 —DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award—Authorization by the City Council for the City to enter into an Agreement. 6. 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:December2l,2012 (levers)COriditions Page 2 of 63 13. Change Ortler­A 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 or 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 inunicipal 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 whore 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 represenuitive. 16. City Council ® The duly elected) and qualified governing body of the City of Fort Worth, Texas. 17. City.Hanager — The officially appointed and authorized City Manager of the City of Fort Worth,Texas,or his duly authorized representative® 18. Contract Clahn -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 or 20. Contract Docuntents--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]Iricc--The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents a s s tated 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 who City has entered into the Agreement. 24. Cosiofthe Work See Paragraph 11.01 of these General Conditions for definition. CITY OF FOR'YWORU I STANDARD CONSTRIAMON SPECIFCNI'ION DOCUMENT% Revision:Dwmkta-21,20 L2 0072 00 1 General Conditions Page 3 of 63 25. DamaAye 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 Sen4ces —The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant,or agents,, 29. Director of Planning and.Development - The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Tramj)orlation Public Works - The of appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appoirited representative, assistant,or agents. 31. Director of Water Deparlinent The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative,assistant, or agents. 320 Drmving----That part of the ontract DOCLunents 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. 33a E .1fective Date �f the Agreeinent -The date indicated in the Agreement on which it becomes eMctive, 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. Engineeit -The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. tetra 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 Ellgineer. 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 WO101-1 STANDARD CONSTRUCTION SPE'CIFCATION DOCUMENTS Revision:1kcanN-r21,2012 0072.00 # General Conditions Page 4 of 63 38, Hnal In.sy)eVion 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 I of the Contract Documents. 40. I-Jazardous Environmental Condifion­--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. l7azarel-ous Waste-41azardous 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. .L s and I?egmlations---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 Its 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.Milesione—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Nolice 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 Proceed­A 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 or specified in Contract Documents. 48. PCRY--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, ftiel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-l-lazardous Waste and crude oils. 50. Plans- -See definition.of Drawings. MY OF FORTWO1 111 STANDARD CONSTRUCTION SPEcjicAnON IX)CU MENTS Revision:Dawlx.T21,2012 007200-1 General Conditions Page 5 of 63 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project—The Work to be performed under the Contract Documents. 53. Project Representative—The authorized representative of the City who will be assigned to the Site. 54. Public Meeting – An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.)as amended from time to time. 56. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 00'72 M-I Generdl Conditions Page 6 of 63 63. Submilials 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. Succe&yfid Bid r°—The Bidder subinitting the lowest and most responsive Bid to whom City makes an Award. 65. Sul)erintendent— 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. Supplenientary (7onditions,—That part of the Contract. l".)octu-nents which amends or supplements these Generall Conditions. 67. Supplier A manufacturer, fabricator, supplier, distributor, materiahnati, or vendor having a direct contract with Contractor or with any Subcontractor to furnisli. materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. lhidergrouncl Eacifilies.- All undergroutid 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 petroleuixi products, telephone or other communications, cable television, water,wastewater, storin water,other liquids or chemicals,or trall1c or other control systems. 69. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition, 70. Weebend Workinr r Rours - 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. Jf(jrk 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 incoq,)orating 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 per rformante 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 Terininoiogy 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 rneaning. B. Intent of Certain Terms or Ae1jectives: CM OF FORTWORTH STANDARD CONSTRUCTION SPE''CIFCATION DOCLTMENTS Revision:DmunIxi 21,,2012 007200'/ General Conditions Page rof63 |. The Contract Documents include the terms "as uUovved," ^^us upprovcd,`` "as onJered," "as directed" or terms of like c[5:ct or import to authorize an exercise of judgment by City. In addition, the »Jiccdvem `rcumooub|e," "suitable,`` "ucccotub|c," ^'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, ocdmn` 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 u functioning vvbo|c as shown or indicated io the Contract Documents (unless there is u specific statement indicating otherwise). C. Defective: |. The word "defective," when modifying the vvooj ^^Wock,"^ refers 10 Work that is unsatisfactory, faulty, or deficient in that it: u. does not conform ho the Contract Documents; or b. does not meet the requirements ofany xnnicub|c inspection, reference standard, test, or approval referred hoin the Contract Documents; or c. has been damaged prior ho City's written acceptance. D. Furnish, Install, Perform, Provide: |. The word ^^[uooiub" or the word ^`lnuCo|[` or the vvonj ^^Pcrybrno" or the word ^^Pnovide" or the word "Supply," or any conoNnodno or uinoi|or directive or usage thereof, ubu|| nucuo [uooimhiugund incorporating in the Work including all necessary labor, nuo1eriu|u, oquipnucuL and everything ucccuuury to per[brnu the Work indicated, uo|cuu specifically limited in the context used. E Ou|cuu stated otherwise in the Contract Documents, words or phrases that have u vvc||-knovvu technical or construction industry or trade meaning are used in the Contract [)ocunocuta in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Copies nfDocuments City shall [uooiuh to Contractor one (|) original executed copy and one (|) electronic copy o[the Contract [>ocunucutu, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request o1 the cost ofreproduction. 2.02 Commencement n/Contract Time;Notice/nProceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may bc given u1 any time within l4 days after the Effective Date o[the Agreement. CITY or FORT woxln STANDARD CONSTRUCTION npec/pcAr/omDOCUMENTS Revision-December2l,2012 007200-1 General Conditions Page 8 of 63 2.03 51arling the Work Contractor shall start to perform the or 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,Starling(7onstruction Baseline &hedules,- Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction. Conference as specified in the Contract Documents. 2.06 Public Meeting, Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of&hedules 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 confon-nity 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 FORTWORT11 STANDARD CONSTRUCTION SPECIrCATION WCUMENTS Revision:Dwmbei-21,2012 007200-1 General Conditions Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, Shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or(c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision.Decernber2l,2012 0072.00-1 General Conditions Page 10 of 63 6.17.A) until an amendment or skipplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3, Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier(whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and,%I)lVementing Contract Documcmtv A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Docuinerits may be supplemented, and minor variations and deviations in the or not involving a change in Contract Price or Contract Time, may be authorized,by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.0); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications,other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer-. CITY OF FORT W)RUI STAM)ARD CONSTRUCTION SPEOFCATION IX)CUMFNTS Revision:D=4a2l,2012 007200-1 General Conditions Page 1 1 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies,the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. TICL —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. I. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 00 72 00-I General Conditions Page 12 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 �5ubsudace and Physical Conditions A. Rel.wris and Di-mvings.- The Supplement,-.Wy Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities). B. Linifted Reliance by Contractor on 1 rhnical Data Aulhorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors,members,partners,employees,agents,consultant,,.,,or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto;or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations,opinions,or information. 4.03 Differing,5zibsur/ace or Physical Conditions A. Nolice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents;or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from Conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; MY OF FORTWORTH STANDARD CONSTRUCMON SPECIFCATION WCAMENTS Revision:Damber21,2012 007200-1 General Conditions Page 13 of 63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or Indicated.- The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December21,2012 007200-1 General Conditions Page 14 of 63 Work in connection therewith (except in an emergency as required by Paragraph 6017.A), identify the owner of such Under round Facility, and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible forte safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences., 3. Verification of existing utilities, structures, and service lines shall inch.lde notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Rqlcrence Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City all be responsible for the replacement or relocation of reference points or property,monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and 1)rawing ,s: The Supplementary Conditions identify those reports and drawings known to City relating to Ha7ardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors,members,partners,employees,agents,consultants,or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of MY OF FORT WORM STANDARD CONSTRUC"FlON SPEC IFCA,1'1('.)N DOCUMENTS Revision:Dmmbei-21,2012 007200-1 General Conditions Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fidlest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoember2l,2012 007200-1 Generap Conditions Page 16 of 63 ARTICLE 5—BONDS AND INSURANCE 5.01 LicensedSureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 11erfibrinance, Pa)lynent, and eta intenance Bondv A. Contractor shall furnish perfbrmance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Conti-act Price as security to protect the City against any defects in any portion of the or described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety and Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effiective on the date the agent or attorney-in-fact signed,each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.0, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.0. 5.03 Certificates of Insurance, Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured)which Contractor is required to purchase and maintain. L The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as"Additional Insured"on all liability policies. CrrY OF FORTWORITI STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dmmber2l,2012 007200-1 General Conditions Page 17 of 63 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property& Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Demnber2l,2012 00 72 M-I GenexW Conditions Page 18 of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups,must also be approved by City. 11. Any deductible in excess of$5,000.00, for any policy that does not provide coverage on a first-dollar basis,must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent byte City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work.by Change Order. 13. City shall be entitled, upon written request.and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular poficy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be msponsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractors Insurance A. Workers Compensation and E)npl(oers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas I..abor Code, Ch. 406, as =ended), and minimum limits for Employers'. Liability as is appropriate for the Work being Irformed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor,any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to pertbrm any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily ji'llury, occupational sickness or disease, or death of Contractor's employees. B. (7ommercial 6eneral Liabifil)� Coverage shall include but not be limited to covering liability (bodily injury or property damage) ar,ising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other MY OF F'ORTWOR114 STANDARD CONSTRUCT90N SPECIFCATION DOCUMEN M RevWon:Dwanber2l,2012 007200-1 General Conditions Page 19 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods,techniques, sequences, and procedures of construction. CITY OF FORT WORTI I STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor l WorkingHours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents,, Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except, as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication)to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding'rhursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 5ervices, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up,and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not sl,,)ecified,, shall be of good quality and new, except. as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests)as to the source, kind,and quality of materials and equipment. CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCI)MENTS Rrvision:ant w21,2012 007200-1 General Conditions Page 21 of 63 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 01 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or-Equal"Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or-equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 GeneraN Conditions Page 22 of 63 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Pr(jject as a functioning whole;and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time;and 2) it will conform, substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items.- a. If in City's sole discretion an item of material or equipment proposed, by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 0125 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for byte general design; b) be similar in substance to that specified; c) be suited to the same use as that specified;and 2) wills te: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final conipletion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the desig to the proposed substitute item; CrFY OF FOR TWORTI I STANDARD CONSTRAXTION SP ECIFCATION DOCUMENTS Revision:Dc=ail xr21,2012 007200-1 General Conditions Page 23 of 63 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales,maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or-equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an"or-equal."City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal"at Contractor's expense. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 GeDeral Conditions Page 24 of 63 G. City �ubstihae Reimbursement: Costs (savings or charges) attributable to acceptance of a I substitute shall be incorporated to the Contract by Change Order. H. Time Extensions:No additional time will be granted for substitutions.. 6.06 Concerning Subcontractors, Sul,71)liers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract,unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor,, Supplier, or other individual or entity, whether initially or as a replacement, against who City may have reasonable objection.. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.0). C. The City may from time to time require the use of certain Subcontractors, Suppliers-, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Business Diversity Engler rise Oidmance Compliance,w It is City policy to ensure the full and equitable participation by Minority and Small Business Enterprises (MBE)(SBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MBE and/or SBE goal, Contractor is required to comply with the intent of the City's Business Diversity Ordinance(as amended)by the following: 1. Contractor shall, upon request by the City, provide complete and accurate information regarding actual work performed by a MBE andJor SBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted NIBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit arid/or examination of any books, records, or files in the possession of the Contractor.- that will substantiate the actual work performed by an MBEand/or SBE. Material misrepresentation of any nature may be grounds for termination of the Contract in accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less thant e years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Conti-actor's own acts and omissions. Nothing in the Conti-act Documents: MY OF FORTWORTH STANDARD CONSTRUCTION SPECWCATION IX)CUMFNTS Revision:Do=iber2l,2012 00 72 00-1 General Conditions Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 007200-1 GencFal Conditions Page 26 d63 D. Arbitration Required if Violation Not Revolved, An issue relatirig to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affiected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision. and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period oft ee (3) years fbllowing the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii)the actual per them wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress 1ayinents. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258,Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance„ The Contractor shall include in its subcontracts and/or, shall otherwise requ ire all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in t e r- performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. if a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such infon-nation does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To thefullest extent permitted by Laws and Regulations, Contractor shall indemnifia and hold harmless City,fi-om and against all claims, costs, losses, and dainages (tncludin,'but not limited to all fees and charges of engineers, architects, attorneys, and other prqfessionals and all court or arbitration or other dispute resolution costs) arising (I , out of or relating to any infi-ing,nent of patent rights or copyrights incident to the use in the Performance of the Work or resulting from MY OF FORT WOW11 I STANDARD(,(,.)NS'I'RU(71'1.ON SPECH-CATION D(X.."UMENTS Revision:Dwanbei-21,2012 007200-1 General Conditions Page 27 of 63 the incorporation in the Work of any invention, design,process,product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.13. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S.Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITY OF FORT WORTH S'T'ANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Demnber2l,2012 00 72 00-I General Condifims Page,28 of 63 court or arbitration. or other dispute resolution costs) arising out of or relating to such Work, flowe%�er, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02® C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas 'Fax Code, Subchapter 1-1, Sections 151.301-335 (as amerided), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax pennits and information may be obtained from: 1. Comptroller of Public Account's Sales Tax.l3ivision Capitol 14pitol. Station Austin,TX 78711;or 2a ht!p://www.wijidow.state.1 tis/taxinfo/taxfoi�ins/1)3-f�)rms.,Iit il ..................... ....................................I.......... 6.12 Use ofVite and Other Areas A. Limitation on Use of Site and Other Areas.-, 1. Contractor shall confine construction equipment, the storage Of Materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. CrrY(,.)F FORIVORII-I STANDARD CONSIR.U(MON SPECIFCATION DOCUMENTS Revision:D=ntxr 21,2012 007200-1 General Conditions Page 29 of 63 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 621, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deczmber2l,2012 007200-1 General Conditions Page 30 of 63 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the or and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal,relocation, or replacernent in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of I.Mderground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of the to perform any of the Contractor. Work,or anyone for whose acts any of them may be liable, shall be remedied by C F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Represvntafive Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazarcl Communication Programs Contractor shall be responsible for coordinating any exchange of material Safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies an(Ilor Recl�flcalion A. In emergencies aff&ting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant MY OFFORTWORTH STANDARD CONSTRUCTION SPECTFCATION DOCUMENIS Revision:Damba 21,2012 007200-1 General Conditions Page 31 of 63 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.I8 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. CITY OF FORT WO RTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 0072W-I General Conditions Page 32 of 63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent, submittal will be at the sole expense and responsibility of Contractor. C. City's Review.- 1. City will provide timely review of requuiredl. Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to deten-nine if the items covered by the submittals will, after installation or incorporation in the Work, conforrn tote information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular rnearns, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the or Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution, of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible;or MY OF FORTWORTII STANDARD CONSTRUCTION SPEC WKWIX)N rWUMENTS Revision:DownNY21,2012 007200-1 General Conditions Page 33 of 63 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection,test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.B. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS CITY Ol�FORT WOR171 STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision Deoernber21,2012 00 72 00-n Geneial Conditions Page 34 of 63 P C I —D TO QM1 HAIE EFFLCTIVE L ALLEULD 019 ERIE _ K . I I . MIRE CALSED, IN F d NEGLEANCE OF THE CITY. 6022 Dekgation qf Prqfissional Desip,i Sen ices A. Contractor will not be required to provide professional design services ununless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques,sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor byte Contract. Documents, City will specify all performance and design criter°ia that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, cenlificat�iions, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy, D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with pe�rfon ance and design criteria given and the design concept expressed in the Contract Documents, City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Might to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provi,siorns of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor hrrther agrees to include in all its suubcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during, Regular Working Hours to all MY OF unORT°rr✓c R11 i sTANDAnM t ONSTR Ut:'ION snkEX;nn'CATION DOCUMENTS Revision:Dwm*a-21,2012 007200-1 General Conditions Page 35 of 63 Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title V1, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. TICL 7—OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITY OF FORT wOR"rH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:De=nber2l,2012 0072.UUCP 1 General Conditions ➢ ge 36 of 63 7.02 Coordination A. If City intends to contract with others for the performance of other work on the project at the Site,the fallowing will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities arnong the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibi Ili ties will be provided. B. Unless otherwise provided in the Supplernentary Conditions, City shall have authority for such coordination. ARTICLE 8—CITY RESPONSIBILITIES 8.01 Communicationv to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and L'asements; Reports and Tests City's duties with respect, to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing, surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Aj,�provals City's responsibility with respect to certain inspections,tests, and approvals is set forth in Paragraph 13.03. carry OF FORTWORI'll STANDARD CONSTRUMION SPE,01,47ATION DOCUMENTS Revisiom[Dowba-21,2012 007200-1 General Conditions Page 37 of 63 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. TICL 9—CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. The Project Representative(s) will be as provided in the Supplementary Conditions. 9.02 Visits to Site A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 007200--1 General Conditions Page 38 of 63 9.03 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor,who shall perform the Work involved promptly. 9.04 Re Jeclin�q De f, eclive Work City will have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that confonns to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct sl)ecial inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations.for Work.Perjbrined Contractor will determine the actual quantities and classifications of Work perfor,med. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements of Contract Documents and Acceptabiliol of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder, B. City will render a written decision on any issue referred. C. City's written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10®C OES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Chat�qes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. MYOF FORT WOK111 STANDARD CONS'FRUCTION SPEC IFCATION DOCUMENIS Revision:Decenim-21,2012 007200-1 General Conditions Pape 39 of 63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09, or(iii)agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decernber2l,2012 00 77 00­I GenerW Conditions Page 40 of 63 10.06 Contrael Claims Process A. City's Decision Required. All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City far decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may other-wise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5, Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Cont, ctor within 30 days after receipt of the claimant's last submittal (unless Contract allows additional time). C. City°s Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal oft e Contractor, if any,take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim;or 3. notify the Contractor that the City is unable to resolve the Conti-act Claim if, in the (","ity's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. CHN OF FORTWORTH STANDARD CONSTRUCTION SP[CIrCAT[ON DOCUMENTS Rcwision:Demnhx2l,2012 007200-1 General Conditions Page 41 of 63 D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11—COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.13, and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF FORT wORTFI STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Daoember2l,2012 007200-1 GeneyaJ Conditions Page 42 of 63 4. Payments made by Contractor to Subcontractors for or perfon-ned by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, is bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01 5. Costs of special consultants (ijacludling but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transix,)rtation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and rnarintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary Eacilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which ii.-ernain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Rlegulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of the or for whose acts any of the may be liable,and royalty payments and fees for pemiL9 and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of the or for whose acts any of the may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of detennining Conti-actor's fee. f, The cost of utilities,fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CHY OF FORT WOUH STANDARD CONSUIXTION SPECIFCATION DOCUMENT'S Revisiow Ekuntu2l,2012 007200-1 General Conditions Page 43 of 63 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 1 1.0I.A.I or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01 I.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.0I.A and 11.01.13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre-bid Allowances: 1. Contractor agrees that: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200­1 Geywya➢Conditions Page 44 of 63 as the pre-bid allowances include the cost to Contractor of materials and equipment require(] by the allowances to be delivered at the Site,and all applicable taxes;and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre-bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A.. Where, the Contract Documents provide that all or part of the Work is to be 'Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement, B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by (I ontractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deerned to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately, identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part oft e unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if- 1. the quantity of any item of Unit Price or performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresrx)nding adjustment with respect to any other item of Work. E. Increased or Dec•ease(I Quantities: The City reserves the right to order Extra or in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract it price. CHY OF F'ORTWAMI STANDATU)CONSTRUCTION SPEC IR.ATION DOCUMENTS Revisim rkarnber21,2012 007200-1 General Conditions Page 45 of 63 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25%from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plans Quantity Measurement A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revk,ion,Decenihm°21.2012 0072W-I General Conditions Page 46 of 63 E. For callout work or non-site specific Contracts,the plans quantity measurement requirements are not applicable. ARTICLE 12—CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMIE 12.01 Change q f Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is Covered by unit prices contained in the Contract Documents, by application of such unit prices tote quantities of the items involved (subject to the provisions of Paragraph 11.03);or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or it price is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit(detennined as provided in Paragraph 12.0 I.Q. C. Contractors Fee: The Contractor's additional fee for overhead and profit shall be determined as fbilows: 1. a mutually acceptable fixed fee;or 2. if a fixed fee is not agreed upon,then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1, 11.01.A.2. and 11.0l.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph I 1.01.A.4 and 11. 1.A..5,the Contractor's fee shall be five percent(5%); 1) we one or more tiers of subcontracts are on the basis of Cost of the Work is a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever CrrY OF mKr WORTI I STANDARD CONSTRUMION SPECIFUATION DOCUMENT'Sw Revision:IX=nk 21,20➢2 007200-1 General Conditions Page 47 of 63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.6, and 11.01.13; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. CITY Or H)RT W0101 STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decernbu21,2012 007200 # 4':even,I Conditions Page 48 of 63 ARTICLE 13®TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF DE FE CTIVE WORK 13.01 Notice of Delects Notice of all defective or of which City has actual knowledge will be given to Contractor. Defective Work may be rejected,corrected,or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide the proper and safe conditions for such access and advise the of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the or (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections,which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs,or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations acceptable to city. D. City may arrange for the services of an independent testing laboratory ("'resting Lab") to perfarrn any inspections or tests c-resting") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible,with Contractor; 2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated "resting shall be deemed a negative result and require a retest. CITY OF FORTWOKIE STANDARD CONSTRUCTION SPECWCATION I)OCUMENTS Revision: x6 21,20 2 00 72 00-1 General Conditions Page 49 of 63 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work A. if any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor,material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection,testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 50 o63 Subcontractor,any Supplier, any other individual or entity,or any surety for,or employee or agent of any of them. 13.06 Correclion or Removal qfDe ./eclive Work A. Promptly after receipt of written notice, Contractor shall correct all defective or pursuant to an acceptable schedule, whether or not fitbricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13. 7, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any,on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period. of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas;or 2. correct such defective Work;or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective,and 4. satisfactorily correct or repair or remove and replace any darnage to other Work,to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay, would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement(including but not limited to all costs of repair or replacement of work of others)will be paid by Contractor. CITY OF FORT WORTH STANDARD CONS'FRUCTI(M SPECIFCATION DOCUMENTS Revision:DavAybx21,2012 007200-1 General Conditions Page 51 of 63 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim, pursuant to Paragraph 10.06. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. if Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7)days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decernter21,2012 007200-1 Geneml Conditions Page 52 of 63 costs) incurred or sustained by City in exercising the rights and reniiedies under this Paragraph 13.09 will be charged agaitiist Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the perforniance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14®PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule qf Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payinents and will be incorporated into a form of Application for Payment acceptable to City. Progress payrnents on account of Unit Price Work will be based on the number,of units completed. 14.02 Progress Payments A. 4pjkcationsfior Pqyinents: I. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents,, 3. If payment is requested on the basis of materials and equipment not incorporated in the or but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting,that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory,to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. CrrY OF FORTWORITI STANIDARD CONSIRUCTIGN SPE(T-VATION DOCUMENTS Rev siarr Derma a21,2012 007200-1 General Conditions Page 53 of 63 B. Review ofApplications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules,that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor, or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09;or CITY OF FORT WORTFI STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December21,2012 007200-1 General Conditions Page 54 of 63 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainagel- 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (100/0). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liquitlated Daynagay. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the City. E. Payment'- Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F. Redziction in Raymenl: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific and satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended;or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4®a through 14.02.13.4.,e or Paragraph 15.02.A, 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor's Warranty of.Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment,free and clear of all Liens. MY OF FOWF WORD STANDARD CONSTRIXTION SPECU'CWHON D00JMENT's Revision:Daunba-21,2012 00 72 00-1 General Conditions Page 55 of 63 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification of the City and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will resume. 14.06 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. Cl"fY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Demnber2l,2012 007200-1 General Conditions Page 56 of 63 14.07 Final Payment A. ApI.Vicalionfor PaYmeni: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final pa: ent following the pnVedure for progress payments in accordance with the Contract Documents. 20 The final Application for Payment shall be accompanied (except as previously delivered)by: as all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any,to final payment; ca a list of all pending or released Damage Clairns against City that Contractor believes are unsettled;and d. affidavits of payments and complete and legally eflective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B. ['a 5 itnent Becoines,.Due: I. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages,will become due and payable. 2. After all Damage Claims have been resolved: as directly by the Contractor or; b. Contractor provides evidence that the Darnage Claim has been reported to Contractor's insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08- Final Completion Dela)�ed and 1artial Retainag ge Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon recei t of Contractor's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted.. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02,0, and if bonds have been ftimished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that MY OFFORTWORTH STANDARD CONSTRUCIFION SPEVU7CATION DOCUMENTS Revision:D=tnbcr21,2012 007200-1 General Conditions Page 57 of 63 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time,directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 00 72 M-i General Conditions Page 58 of 63 15.02 City May 7'�,rminalefor Cause A. The occurrence of any one or more of the following events by way of example, but not of limitation,may,justify termination for cause: I. Contractor's persistent failure to perform the or in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City's Business Diversity Enterprise Ordinance #20020-12-2011 established under Paragraph 6.06.D); 2. Contractor's disregard.of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City;or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature,the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the (lontractor has become insolvent or bankr,upit, or otherwise financially unable to carry on the Work satisfactorily;.or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform, the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent pennitted by Laws and Regulations, declare a Contractor default and fortnally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform,the Work. 2. If Contractor's services are terminated, Surety shall be obligated t o t ake over and perform the Work. If Surety, does not commence performance thereof within 15 consecutive callendar days after date of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH STANDARD CONSTRU(MONSPECIMATION DOCUMENTS Revisiow Dmanh.T21,2012 00 72 00-1 General Conditions Page 59 of 63 obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages exceed Such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5. City, notwithstanding the rnethod used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.13, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CONSTRUCTION SPFCIFCATION DOCUMENTS Revision:December 21,2012 00 72.00-I General onditions Page 60 of 63 15.03 it May I�rminale For Clonvenience A. City may, without cause and without prejudice to any other right or remedy of City,terminate the Contract. Any termination shall be effiected by mailing a notice of the termination to the Contractor specifying the extent tow is perlonriance of Work under the contract is terminated, and the date upon which such termination becornes effective. Receipt of the notice shall be deemed conclusively presurned and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof'in any claim,demand or suit shall be required of the City regarding such discretionaty action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and tote extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4a transfer title tote City and deliver in the manner, at the times, and tote extent, if any, directed by the City: ao the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in cotmection with the performance of, the Work terminated by the notice of the termination;and ba the completed, or partially completed plans, drawings, infon-nation and other property which, if the Contract had been completed, would have been required to be ftimished to the City. 5m complete performance of such Work a s s hall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession o f t he Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the ten-nination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of terinination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDAIM CONS IRLICTION SPJ:VlFCAT1()N D(KINENI RevWon:DwnnIx.T2I,20]2 007200-1 General Conditions Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, Contractor shall be paid for(without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. TICLE 16—DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-➢ General Conditions Page 62 of 63 L elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions;or 2m agrees with the other party to submit the Contract Claim to another dispute resolution process;or 3w gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17—MISCELLANEOUS 17.01 Giving,Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if- 1. delivered in person to the individual or to a member of the fi rm or to an officer of the corporation for whom it is intended;or 2, delivered at or sent by registered or certified mail, postage prepaid, to the last business address icnown to the giver of the notice. B. Business address changes must.be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party® 17.02 (','oinpufation q .f Thnes When any period of time is referred to in the Contract. Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 CumulativeRentedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of the which are otherwise imposed or available by Laws or Regulations, by special waffanty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. MY OF FORT WORTH STANDARD CONSTRINIT."M SPECIF(ATION DOC'UMEN'I'S Revision:Dtaunim-21,2012 007200-1 General Conditions Page 63 of63 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WOK"III STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 00 73 00- 1 SUPPLEMENTARY CONDITIONS Page I o1`5 I SECTION 00 73 00 2 SUPPLEMENTARY CONDITIONS 3 TO 4 GENERAL CONDITIONS 5 6 Supplementary Conditions 7 8 These Supplementary Conditions modify and supplement Section 00 72 00-General Conditions, and other 9 provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are 10 modified or supplemented remain in full force and effect as so modified or supplemented. All provisions 11 of the General Conditions which are not so modified or supplemented remain in full force and effect. 12 13 Defined Terms 14 15 The terms used in these Supplementary Conditions which are defined in the General Conditions have the 16 meaning assigned to them in the General Conditions,unless specifically noted herein. 17 18 Modifications and Supplements 19 20 The following are instructions that modify or supplement specific paragraphs in the General Conditions and 21 other Contract Documents. 22 23 SC-3.03 .2,"Resolving Discrepancies" 24 25 Plans govern over Specifications. 26 27 SC-4.01A 28 29 Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. 30 Upon receiving the final easements descriptions,Contractor shall compare them to the lines shown on the 31 Contract Drawings. 32 33 SC-4.01A.I.,"Availability of Lands" 34 35 The following is a list of known outstanding right-of-way,and/or easements to be acquired,if any as of: 36 None 37 38 Outstanding Right-Of-Way,and/or Easements to Be Acquired: 39 None 40 41 SC-4.01A.2,"Availability of Lands" 42 43 Utilities or obstructions to be removed,adjusted,and/or relocated 44 45 The following is list of utilities and/or obstructions that have not been removed,adjusted,and/or relocated 46 as of:None 47 EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT None CITY OF FORT WORTH IVATER&SANITARYSEWER REPLACEMENT CONTRACT 2015 WSM-C Part l STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised April 1,2013 00 73 00 .2 SUPPILEME,`NTARY COND1111ONS Pape 2 of 5 I The Contractor understands and agrees that the dates listed above are estimates only,are not guaranteed, 2 and do not bind the City. 3 4 SC-4.02A.,"Subsurface and Physical Conditions" 5 6 The following are reports of explorations and tests of subsurface conditions at the site of the Work: 7 None 8 9 10 SC-4.06A.,"Hazardous Environmental Conditions at Site" 11 12 The following are reports and drawings of existing hazardous environmental conditions known to the City: 13 None 14 15 SC-5.03A..,"Certificates of Insurance" 16 17 The entities listed below are"additional insureds as their interest may appear"including their respective 18 officers,directors,agents and employees., 19 20 (1) City 21 (2) Consultant: Baird,Hampton fir.Brown,Inc. 22 (3) Other: None 23 24 SC-5.04A.,"Contractor's Insurance" 25 26 The limits of liability for the insurance required by Paragraph(K-5.04 shall provide the following 27 coverages for not less than the following amounts or greater where required by laws and regulations: 28 29 5.04A.Workers'Compensation,under Paragraph G(I-5,04A, 30 31 9afuloly limits 32 Employers liability 33 $1'00,000 each accidentloccwnvnve 34 $100,000 Disease-each empidZyee 35 $500,000 Disease-policy limit 36 37 SC-5.04B.,-Contractor's Insurance" 38 39 5.04B.Commercial General Liability,under Paragraph GG-5.04B.Contractor"s Liability Insurance 40 under Paragraph GC-5,0413.,which shall be on a per project basis covering the Contractor with 41 minimum limits of: 42 43 $1,000,000 each occurrence 44 $2,00(l,000 a$Wregale limit 45 46 The policy must have an endorsement(Amendment—Aggregate Limits of Insurance)making the 47 General Aggregate Limits apply separately to each,job site. 48 49 The Conirflercial General Liabifily Insurance policies shall provide"X%"C",and"U"coverage's. 50 Verification of such coverage must be shown in the Rernarks Article of the Certificate oHnsurance. 51 52 SC 5.04C.,"Contractor's Insurance" 53 5.04C.Automobile Liability,under Paragraph GC 5.040.Contractor"s Liability Insurance under 54 Paragraph GC-5,04C,,which shall be in an amount not less than the following amounts: 55 MY OF FORT WORTH WATER&SANITARYSEWER RFI-11,A(,'L,'A,(FN7'(.,(",N7RACI'201,5 WS Cr'Part I STANDARD CONSTRUCTION SPE"CIFICATION DOCUMFNTS Cir y Project No.02434 Revised April 1,2013 007300-3 SUPPLEMENTARY CONDITIONS Page 3 of 5 1 (1) Automobile Liability-a commercial business policy shall provide coverage on "Any Auto", 2 defined as autos owned,hired and non-owned. 3 4 $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at 5 least: 6 7 $250,000 Bodily Injury per person/ 8 $500,000 Bodily Injury per accident/ 9 $100,000 Property Damage 10 11 SC-5.04 .,"Contractor's Insurance" 12 13 The Contractor's construction activities will require its employees,agents,subcontractors,equipment,and 14 material deliveries to cross railroad properties and tracks 15 None 16 17 18 SC-6.04.,"Project Schedule" 19 20 Project schedule shall be tier 3 for the project. 21 22 SC-6.07.,"Wage Rates" 23 24 The following is the prevailing wage rate table(s)applicable to this project and is provided in the 25 Appendixes: 26 2013 Prevailing Wage Rates—Heavy and Highway Construction Projects 27 28 <BuZZSaw location, Resources 102-Construction Documents/Specifications/Div 00-General 29 Conditions/CFW Wage Rate Table 20080708.pdf> 30 31 SC-6.09.,"Permits and Utilities" 32 33 SC-6.09A.,"Contractor obtained permits and licenses" 34 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 35 1. NOI(Notice of Intent) 36 2. NOT(Notice of Termination) 37 3. Licensed plumber 38 39 SC-6.0913."City obtained permits and licenses" 40 The following are known permits and/or licenses required by the Contract to be acquired by the City: 41 None 42 43 44 45 46 47 SC-6.09C."Outstanding permits and licenses" 48 49 The following is a list of known outstanding permits and/or licenses to be acquired, if any as of 50 None 51 52 SC-6.24 .,"Title V1,Civil Rights Act of 1964 as amended" 53 54 During the performance of this Contract,the Contractor,for itself,its assignees and successors in interest 55 (hereinafter referred to as the "Contractor")agrees as follows: CITY OF FORT WORTH WATF,R&SANITARY'SEWER REPLACEMENT CONTRACT 2015 WSM-C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised April 1,2013 007300-4 SUPPLEMENTARY CONDITIONS Page 4 of 5 2 1. Compliance with Regulations:The Contractor shall comply with the Regulation relative to 3 nondiscrimination in Federally-assisted programs of the Department of Transportation(hereinafter, 4 "130,r)Title 49,Code of Federal Regulations,Part 21,as they may be amended from time to time, 5 (hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part 6 of this contract. 7 8 2. Nondiscrimination:The Contractor,with regard to the work peribnned by it during the contract,shall 9 not discriminate on the grounds of race,color,or national origin,in the selection and retention of 10 subcontractors,including procurements of materials and leases of equipment.The Contractor shall not I I participate either directly or indirectly in the discrimination prohibited by 49 CFF,section 21.5 of the 12 Regulations,including employment practices when the contract covers a program set forth in 13 Appendix B of the Regulations. 14 15 3. Solicitations for Subcontractors,Including Procurements of Materials and Equipment:In all 16 solicitations either by competitive bidding or negotiation made by the contractor for work to be 17 performed under a subcontract,including procurements of"materials or leases of equipment,each 18 potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations 19 under this contract and the Regulations relative to nondiscrimination on the grounds of race,color,or 20 national origin. 21 22 4. Information and Reports:The Contractor shall provide all information and reports required by the 23 Regulations or directives issued pursuant thereto,and shall permit access to its books,records, 24 accounts,other sources of information and its facilities as may be determined by City or the Texas 25 Department of"°lf`r°an,sportation to be pertinent to ascertain compliance with such Regulations,orders 26 and instructions.Where any information required of a contractor is in the exclusive possession of 27 another who fails or refuses to furnish this information the contractor shall so certify to the City,or the 28 Texas Department of Transportation,as appropriate,and shall set forth what efforts it has made to 29 obtain the information, 30 31 5. Sanctions for Noncompliance-in the event of the Contractor's noncompliance with the 32 nondiscrimination provisions of this Contract,City shall impose such contract sanctions as it or the 33 Texas Department of Transportation may deterruine to be appropriate,including,but not limited to: 34 35 a. withholding of payments to the Contractor under the Contract until the Contractor 36 complies,and/or 37 b. cancellation,termination or suspension of the Contract,in whole or in part. 38 39 6. Incorporation of Provisions:The Contractor shall include the provisions of paragraphs(1)through 40 (6)in every subcontract,including procurements of materials and leases of equipinent,unless exempt 41 by the Regulations,or directives issued pursuant thereto.The Contractor shall take such action with 42 respect to any subcontract or procurement as City or the Texas Department of"Fransportation may 43 direct as a means of enforcing such provisions including sanctions for non-compliance:Provided, 44 however,that,in the event a contractor beco me;involved,in,or is threatened with,litigation with a 45 subcontractor or supplier as a result of such direction,the contractor may request City to enter into 46 such litigation to protect the interests of City,and,in addition,the contractor may request the United 47 States to enter into such litigation to protect the interests of the United States. 48 49 Additional Title VI requirements can be found in the Appendix. 50 51 SC-7002.,"Coordination" 52 53 The individuals or entities listed below have contracts with the City for the perfon-nance of other work at 54 the Site: 55 None MY OF FORT WC RDI APA77,R&,VAN17ARY',"rWERRf,,'JIIA(,k,Aill,'NZ'Cf)N7'kl('7'2015 WSM-r,PaH I STANDARD CONSTRUCHON SPECHICATION DOCUMENTS City Projers No.02434 Revised April 1,2013 007300-5 SUPPLEMENTARY CONDITIONS Page 5 of 5 1 SC-8.01,"Communications to Contractor" 2 None 3 4 SC-9.01.,"City's Project Representative" 5 6 The following firm is a consultant to the City responsible for construction management of this Project: 7 None 8 9 SC-13.03C.,"Tests and Inspections" 10 None 11 12 13 SC-16.01C.1,"Methods and Procedures" 14 None 15 16 17 18 19 END OF SECTION CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised April 1,2013 01 11 00-1 SUMMARY OF WORK Page 1 of 3 I SECTION 01 11 00 2 SUMMARY OF WORK 3 PARTI - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0- Bidding Requirements, Contract Forms, and Conditions of the Contract 11 2. Division 1 -General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Work Covered by Contract Documents 19 1. Work is to include furnishing all labor,materials,and equipment,and performing 20 all Work necessary for this construction project as detailed in the Drawings and 21 Specifications. 22 B. Subsidiary Work 23 1. Any and all Work specifically governed by documentary requirements for the 24 project, such as conditions imposed by the Drawings or Contract Documents in 25 which no specific item for bid has been provided for in the Proposal and the item is 26 not a typical unit bid item included on the standard bid item list,then the item shall 27 be considered as a subsidiary item of Work,the cost of which shall be included in 28 the price bid in the Proposal for various bid items. 29 C. Use of Premises 30 1. Coordinate uses of premises under direction of the City. 31 2. Assume full responsibility for protection and safekeeping of materials and 32 equipment stored on the Site. 33 3. Use and occupy only portions of the public streets and alleys, or other public places 34 or other rights-of-way as provided for in the ordinances of the City, as shown in the 35 Contract Documents, or as may be specifically authorized in writing by the City. 36 a. A reasonable amount of tools,materials, and equipment for construction 37 purposes may be stored in such space, but no more than is necessary to avoid 38 delay in the construction operations. CITY OF FORT WORTH WATER&SANITARY SEWER RF.PLACF.AIF,NT CONTRACT 2015 WSM-C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised December 20,2012 01 1100-2 SUMMARY OF WORK Page,2 of 3 1 b. Excavated and waste materials shall be stored in such a way as not to interfere 2 with the use of spaces that may be designated to be left free and unobstructed 3 and so as not to inconvenience occupants of adjacent property. 4 c., If the street is occupied,by railroad tracks,the Work shall be carried on in such 5 manner as not to interfere with the operation of the railroad. 6 1) All Work shall be in accordmace with railroad requirernrents set forth in 7 Division 0 as well as the railroad permit. 8 D. Work within Easements 9 1. Do not enter upon private property for any purpose without having previously 10 obtained permission from the owner of such property. 11 2. Do not store equipnient or material on private property unless and until the 12 specified approval of the property owner has been secured in writing by the 13 Contractor and a copy furnished to the City. 14 3. Unless specifically provided othienvise, clear all rights-of-way or easements of 1 5 obstructions which must be removed to make possible proper prosecution of the 16 Work as a part,of the project construction operations. 17 4. Preserve and use every precautionr to prevent darnag ,c to,all trees,shrubbery,plants, 18 lawns, fences, culverts,curbing,and all other types of structures or improvements, 19 to all water,sewer,and gas lines,to all conduits,overhead pole lines,or 20 appurtenances thereof,including the construction of temporary fences and to all 21 other public or private property adjacent to the Work. 22 5. Notify the proper mpresentalives of the owners or occupants of the public or private 23 lands of interest in lands which might be affected by the Work. 24 a. Such notice shall be made at least 48 hours in advance of the beginning of the 25 Work. 26 b. Notices shall be applicable to both public and pfivate utility cornplanies and any 27 corporation,company,individual,or other,either as owners or occupants, 28 whose land or interest in land might be affected by the Work. 29 c. Be responsible for all darnage or injIttry to property,of any character resulting 30 from any act,ornission, neglect,or misconduct in the manner or method or 31 execution of the Work, or at any time due to defective work, material,or 32 equipment. 33 6. Fence 34 a. Restore all fences encountered and removed during construction of the Project 35 to the original or a better than original condition. 36 b. Erect temporary fencing in place of the fencing removed whenever the Work is 37 not in progress and when the site is vacated overnight,and/or at all times to 38 provide site security. 39 c. The cost for all fence work within eftsetrients,including removal,tempormly 40 closures and replacement,shall be subsidiary to the various items bid in the 41 project proposal,unless a bid item is specifically provided in the proposal., MY OF FORT WORTH WA 7V?ere SANITAR Y SEWFR REP PLA CEMA'AfTCONTRACT2015 HI"M-C Pare I STANDARD CONS'MUCTION SPECIFIC'ArION DOCUMENTS. (fty Prqject No,024.14 Revised December 20,20112 01 11 00-3 SUMMARY OF WORK Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 CITY OF FORT WORTH WATER&SANTT,4R}'SEWF_R REPLACEAfENTCONTRACT 2015 WSA4-C Part l STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised December 20,2012 01 25 00- 1 SUBSTITUTION PROCEDURES Page 1 of 4 1 SECTION 0125 00 2 SUBSTITUTION PROCEDURES 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedure for requesting the approval of substitution of a product that is not 7 equivalent to a product which is specified by descriptive or performance criteria or 8 defined by reference to 1 or more of the following: 9 a. Name of manufacturer 10 b. Name of vendor I I c. Trade name 12 d. Catalog number 13 2. Substitutions are not "or-equals". 14 B. Deviations from this City of Fort Worth Standard Specification 15 1. None. 16 C. Related Specification Sections include,but are not necessarily limited to: 17 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 18 2. Division 1 —General Requirements 19 1.2 PRICE AND PAYMENT PROCEDURES 20 A. Measurement and Payment 21 1. Work associated with this Item is considered subsidiary to the various items bid. 22 No separate payment will be allowed for this Item. 23 1.3 REFERENCES [NOT USED] 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 A. Request for Substitution-General 26 1. Within 30 days after award of Contract(unless noted otherwise),the City will 27 consider formal requests from Contractor for substitution of products in place of 28 those specified. 29 2. Certain types of equipment and kinds of material are described in Specifications by 30 means of references to names of manufacturers and vendors,trade names,or 31 catalog numbers. 32 a. When this method of specifying is used, it is not intended to exclude from 33 consideration other products bearing other manufacturer's or vendor's names, 34 trade names, or catalog numbers, provided said products are "or-equals," as 35 determined by City. 36 3. Other types of equipment and kinds of material may be acceptable substitutions 37 under the following conditions: 38 a. Or-equals are unavailable due to strike, discontinued production of products 39 meeting specified requirements,or other factors beyond control of Contractor; 40 or, CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 W,SM-C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 01 256101..2 1 SUBST1111TION PRO(-EDURES Page 2 of 4 1 b. Contractor proposes a cost and/or time reduction incentive to the City. 2 1.5 SUBMITTALS 3 A. See Request for Substitution Form(attached) 4 B. Procedure for Requesting Substitution 5 1. Substitution shall be considered only: 6 a. After award of Contract 7 b. Under the conditions stated herein 8 2. Submit 3 copies of each written request for substitution, including: 9 a, Documentation 10 1) Complete data substantiating compliance of proposed substitution with 11 Contract Documents 12 2) Data relating to changes in construction schedule,when a reduction is 13 proposed 14 3) Data relating to changes in cost 15 b. For products 16 1) Product identification 17 a) Manufacturer's name 18 b) "Telephone number and representative contact name 19 c) Specification Section or Drawing reference of originally specified 20 product,including discrete name or tag number assigned to original 21 product in the Contract Documents 22 2) Manufacturer's literature clearly marked to show compliance of proposed 23 product with Contract Documents 24 3) Itemized comparison of original and proposed product addressing product 25 characteristics including,but not necessarily limited to: 26 a) Size 27 b) Composition or materials of construction 28 c) Weight 29 d) Electrical or meclianical requirements 30 4) Product experience 31 a) Location of past projects utilizing product 32 b) Nam eiand telephone number of persons associated with referenced 33 projects knowledgeable concerning proposed product 34 c) Available field data and reports associated with proposed product, 35 5) Samples 36 a) Provide at request of City. 37 b) Samples become the property of the City. 38 c. For construction methods: 39 1) Detailed description of proposed method 40 2) Illustration drawings 41 C. Approval or Rejection 42 1. Written approval or rejection of substitution given by the City 43 2. City reserves the right to require proposed product to comply with color and pattern 44 of specified product,if necessary to secure design intent. 45 3. In the event the substitution is approved,the resulting cost and/or time reduction 46 will be documented by Change Order in accordance with the General Conditions. MY OF FORT'WORTH WA TER&SANIZAR YSEWER REPIA C'E'AffArT CONTRACT 2015 MI C°Part I STANDARD CONSTRUCTION SPECIFICA'HON DOCUMENTS City Project No.,02434 Revised July 1,2011 01 25 00-3 SUBSTITUTION PROCEDURES Page 3 of 4 1 4. No additional contract tirne will be given for substitution. 2 5. Substitution will be rejected if: 3 a. Submittal is not through the Contractor with his stamp of approval 4 b. Request is not made in accordance with this Specification Section 5 c. In the City's opinion, acceptance will require substantial revision of the original 6 design 7 d. In the City's opinion, substitution will not perform adequately the function 8 consistent with the design intent 9 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE 13 A. In making request for substitution or in using an approved product,the Contractor 14 represents that the Contractor: 15 1. Has investigated proposed product, and has determined that it is adequate or 16 superior in all respects to that specified, and that it will perform function for which 17 it is intended 18 2. Will provide same guarantee for substitute item as for product specified 19 3. Will coordinate installation of accepted substitution into Work, to include building 20 modifications if necessary,making such changes as may be required for Work to be 21 complete in all respects 22 4. Waives all claims for additional costs related to substitution which subsequently 23 arise 24 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 25 1.11 FIELD [SITE] CONDITIONS [NOT USED] 26 1.12 WARRANTY [NOT USED] 27 PART 2- PRODUCTS [NOT USED] 28 PART 3- EXECUTION [NOT USED] 29 END OF SECTION 30 Revision Log DATE NAME SUMMARY OF CHANGE 31 CITY OF FORT WORTH WATER&SANITARYSf WER REPLACEMENT CONTRACT 2015 WSM-C fart I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 0125(X)-4 suns,rrrUDON PROCEDURES NWe 4 a'. EXHIBITA 2 REQUEST FOR SUBSTITUTION FORM: 3 4 TO: ....................... .................----................................................................................................ 5 PROJECT: -.................................-....... .......................--.................................................. 6 We hereby submit for your consideration the following product instead of the specified item for 7 the above project: 8 SECTION PARAGRAPH SPECIFIED ITEM 9 10 ...................................................................................................................... 11 Proposed Substitution: .............................. 12 Reason for Substitution:... ................... -—-----------................................. .............. 13 Include complete information on changes to Drawings and/or Specifications which proposed 14 substitution will require for its proper installation. 15 16 Fill in Blanks Below: 17 A. Will the undersigned contractor pay for changes to the building design, including engineering 18 and detailing costs caused by the requested substitution? 19 20 21 B. What.effect does substitution have on other trades? 22 23 - '- - —._ -".. , -" . i i-i. ..•... ........ ..... 24 C. pf op os e s i i b s t i tt i t i o ji a ttd s p ec ified i e •? 25 26 27 D. bi—tf -sizi p­r'o"J6Z,-t'�'-co""s-T-o r­p-­r—odu"-ct­deliv—ery-ii m-e-?--­-,-­—­"............• .,,.••..................................................... 28 29 30 E. iTa—nurfiZ' -s g-u--a-ra-nt­e­e"s­o-f the­p"r,`op­osed­a'jid",-s'p-e-c-i fi-e-d- 31 32 Equal Better(explain on attachment) 33 The undersigned states that the function,, appearance and quality are equivalent or superior to the 34 specified item. 35 Submitted By: For Use by City 36 37 Signature Recommended ..............-Recommended 38 as noted 39 40 Finn .__...............loot recommended ---Received late 41 Address By................................... ........... 42 Date 43 Date Remarks .................................... ................................ 44 Telephone .............. ............. ................... —-------- ........................................... 45 ...................................................... 46 For Use by City: 47 48 ..---.-Approved Rejected 49 City Date—m----............................. CrTY OF FORT WOWni WATER&MNITAR YSF WER REYI-4 CEAMM CONTRA CT 2015 WSM C Part I STANDARD CONSTRUCTION SPECWKIATION tX)CUMENTS 1 71 fy Project No.02434 Revised July 1,2011 01 31 19- 1 PRECONSTRIICTION MEETING Page I of 3 1 SECTION 01 31 19 2 PRECONSTRUCTION MEETING 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 7 clarify construction contract administration procedures 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 —General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Coordination 20 1. Attend preconstruction meeting. 21 2. Representatives of Contractor, subcontractors and suppliers attending meetings 22 shall be qualified and authorized to act on behalf of the entity each represents. 23 3. Meeting administered by City may be tape recorded. 24 a. If recorded,tapes will be used to prepare minutes and retained by City for 25 future reference. 26 B. Preconstruction Meeting 27 1. A preconstruction meeting will be held within 14 days after the execution of the 28 Agreement and before Work is started. 29 a. The meeting will be scheduled and administered by the City. 30 2. The Project Representative will preside at the meeting, prepare the notes of the 31 meeting and distribute copies of same to all participants who so request by fully 32 completing the attendance form to be circulated at the beginning of the meeting. 33 3. Attendance shall include: 34 a. Project Representative 35 b. Contractor's project manager 36 c. Contractor's superintendent 37 d. Any subcontractor or supplier representatives whom the Contractor may desire 38 to invite or the City may request CITY OF PORT WORTII WATER&,SANITARYSEWIsR Rl1'1.AC.:'£A7 f'NTCON772,4C7'2015 WSM-C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised August 17,2012 01 31 19-2 PRECONS TRUCrION MEEMNG Pape 2 of 3 I e. Other City representatives 2 f. Others as appropriate 3 4. Construction Schedule 4 a. Prepare baseline construction schedule in accordance with Section 01 32 16 and 5 provide at Preconstruction Meeting. 6 b. City will notify Contractor of any schedule changes upon Notice of 7 Preconstruction Meeting. 8 5. Preliminary Agenda may include: 9 a. Introduction of Proiect Personnel 10 K General Description of Project I c. Status of right-of-way, utility clearances,easements or other pertinent permits 2 d. Contractor's work plan and schedule 13 e. Contract Time 14 f, Notice to Proceed 15 & Construction Staking 16 h. Progress payments 17 i. Extra Work and Changc Order Procedures 18 j. Field Orders 19 k. Disposal Site Letter for Waste Material 20 1. Insurance.Renewals 21 m. Payroll Certification 22 n. Material Certifications and Quality Control Testing 23 o. Public Safety and Convenience 24 p. Documentation of Pre-Construction Conditions 25 q. Weekend Work Notification 26 r. Legal Holidays 27 s. J,rench Safety Plans t. Confined Space Entry Standards 29 u. Coordination with the City's representative for operations of existing water 30 systems 31 v. Storm Water Pollution Prevention Plan 32 w. Coordination with other Contractors 33 x. Early Warning System 34 y. Contractor Evaluation 35 z. Special Conditions applicable to the project 36 aa. Damages Claims 37 bb. Submittal Procedures 38 cc. Substitution Procedures 39 dd. (orrespondence Routing 40 ee. Record Drawings 41 ff. "remporary construction facilities 42 gg. M/WBE or MBE/SBE procedures 43 hh. Final Acceptance 44 ii. Final Payment 45 j. Questions or Comments MY OF FORT WORTH WA MR M. N17AR Y'SEWER RETIACEMENT CONMCT 2015 WSM-C.71are I STANDARD CONSIRUCIION SPECIFKATION DOCUMENTS' City Project No.02434 Aufrus Revised , t 17,2012 I"RUVONSIRUCT II"N ME11:11"T'ING Pape 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3- EXECUTION INOTUSED1 11 END OF SECTION 12 Revision l..,og .............. DATE NAME SUMMARY OF CHANGE .................. 13 (71Y OF FORT WORTH WATER&SLOV17ARYSEWER WW-C Part I STANDARD C'ONSllUXTION SPECIFICATION DOCUMENTS City Prqjecl'lard.02434 Revised August 17,2012 01 31 20- 1 PROJECT MEETINGS Page I of 3 1 SECTION 01 31 20 2 PROJECT MEETINGS 3 PART I - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for project meetings throughout the construction period to enable orderly 7 review of the progress of the Work and to provide for systematic discussion of 8 potential problems 9 B. Deviations this City of Fort Worth Standard Specification 10 1. None. 1 1 C. Related Specification Sections include, but are not necessarily limited to: 12 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 13 2. Division 1 —General Requirements 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Coordination 21 1. Schedule,attend and administer as specified, periodic progress meetings, and 22 specially called meetings throughout progress of the Work. 23 2. Representatives of Contractor, subcontractors and suppliers attending meetings 24 shall be qualified and authorized to act on behalf of the entity each represents. 25 3. Meetings administered by City may be tape recorded. 26 a. If recorded,tapes will be used to prepare minutes and retained by City for 27 future reference. 28 4. Meetings, in addition to those specified in this Section,may be held when requested 29 by the City, Engineer or Contractor. 30 B. Pre-Construction Neighborhood Meeting 31 1. After the execution of the Agreement, but before construction is allowed to begin, 32 attend 1 Public Meeting with affected residents to: 33 a. Present projected schedule, including construction start date 34 b. Answer any construction related questions 35 2. Meeting Location 36 a. Location of meeting to be determined by the City. 37 3. Attendees 38 a. Contractor CITY OF FORT WORTH W,4 TER&SANITARY SEWER REPLACEMENT CONTRACT 2015 RSA9-C Pare I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 013120-2 PROJECTMEETING,S� Page,2 of 3 1 b. Project Representative 2 c. Other City representatives 3 4. Meeting Schedule 4 a. In general,the neighborhood ineeting will occur within the 2 weeks following 5 the pre-construction confererice. 6 b. In no case will construction,be allowed to begin until this meeting is held. 7 C. Progress Meetings 8 1. Formal project coordination meetings will be held periodically. Meetings will be 9 scheduled and administered by Pr(ject Representative. 10 2. Additional progress meetings to discuss specific topics will be conducted on an as- I I needed basis. Such additional Meetings shall include,but not be limited to: 12 a. Coordinating shutdowns 13 b. Installation of piping and equipment 14 c. Coordination between other construction projects 15 d. Resolution of construction issues 16 e. Equipment approval 17 3. The Project Representative will preside at pro&gess meetings,prepare the notes of 18 the meeting and distribute copies of the same to all participants who so request by 19 fully completing the attendance form to be circulated at the beginning of each 20 meeting. 21 4. Attendance shall include: 22 a. Contractor's project manager 23 b. Contractor's superintendent 24 c. Any subcontractor or supplier representatives who the Contractor may desire 25 to invite or the City may request 26 d. Engineei's representatives 27 e. City's representatives 28 f Others,as requested by the Prcject Representative 29 5. Preliminary Agenda may include: 30 a. Review of Work progress since previous meeting 31 b. Field observations,problems,conflicts 32 c.. Items which impede construction schedule 33 d. Review of off-site fabrication,delivety schedules 34 e., Review of construction interfacing and sequencing requirements with other 35 construction contracts 36 f Corrective measures and procedures to regain projected schedule 37 9. Revisions to construction schedule 38 h. Progress,schedule, during succeeding Work period 39 i Coordination of schedules 40 j. Review submittal schedules 41 k. Maintenance of quality standards 42 1. Pendijig changes and substitutions 43 m. Review proposed changes for: 44 1) Eff ect on construction schedule and on completion date 45 2) Effect on other contracts of the Project 46 n. Review Record Documents 47 o. Review monthly pay request 48 p. Review status of Requests for Information CITY OF FORT WORTH YVAMR&SANITARYSEWER 1?1.,,PLAC,'FAII,,,Nl'(,'OJV71?ACT2015 WSM-C-Part I STANDARD CONSIRUCTION SPECIT'A'AlION DOCUMEN'rs ("ity 1'roject No,02434 Revised July 1,2011 0131 20-3 PROJECT MEETINGS Page 3 of 3 1 6. Meeting Schedule 2 a. Progress meetings will be held periodically as determined by the Project 3 Representative. 4 1) Additional meetings may be held at the request of the: 5 a) City 6 b) Engineer 7 c) Contractor 8 7. Meeting Location 9 a. The City will establish a meeting location. 10 1) To the extent practicable, meetings will be held at the Site. 11 1.5 SUBMITTALS [NOT USED] 12 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 13 1.7 CLOSEOUT SUBMITTALS [NOT USED] 14 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 15 1.9 QUALITY ASSURANCE [NOT USED] 16 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 17 1.11 FIELD [SITE] CONDITIONS [NOT USED] 18 1.12 WARRANTY [NOT USED] 19 PART 2 - PRODUCTS [NOT USED] 20 PART 3 - EXECUTION [NOT USED] 21 END OF SECTION 22 Revision Log DATE NAME SUMMARY OF CHANGE 23 CITY OF FORT WORTH [I.I7ER&SANITARY SEWER REPI,A(:'I AdFiNT C'ONTRAC7'2015 WSM-C I'art I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 01 32 16- 1 CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 1 SECTION 0132 16 2 CONSTRUCTION PROGRESS SCHEDULE 3 PA T 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. General requirements for the preparation, submittal, updating, status reporting and 7 management of the Construction Progress Schedule 8 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance 9 Document 10 B. Deviations from this City of Fort Worth Standard Specification 1 1 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division i —General Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Definitions 21 1. Schedule Tiers 22 a. Tier 1 -No schedule submittal required by contract. Small, brief duration 23 projects 24 b. Tier 2 -No schedule submittal required by contract, but will require some 25 milestone dates. Small, brief duration projects 26 c. Tier 3 - Schedule submittal required by contract as described in the 27 Specification and herein. Majority of City projects, including all bond program 28 projects 29 d. Tier 4- Schedule submittal required by contract as described in the 30 Specification and herein. Large and/or complex projects with long durations 31 1) Examples: large water pump station project and associated pipeline with 32 interconnection to another governmental entity 33 e. Tier 5- Schedule submittal required by contract as described in the 34 Specification and herein. Large and/or very complex projects with long 35 durations, high public visibility 36 1) Examples might include a water or wastewater treatment plant 37 2. Baseline Schedule- Initial schedule submitted before work begins that will serve 38 as the baseline for measuring progress and departures from the schedule. 39 3. Progress Schedule- Monthly submittal of a progress schedule documenting 40 progress on the project and any changes anticipated. CITY OF FORT WORTH WATER&SAN ITARY SEWER REPI-4CI NIENT CONTRACT 2015 WSAY-C Part l STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 013216-2 CONSTRI J0 ION PROGRESS SCH[DU LE Page 2 of 5 1 4. Schedule Narrative-Concise narrative ofthe schedule including schedule 2 changes,expected delays, key schedule issues,critical path items, etc 3 B. Reference Standards 4 L City,of Fort Worth Schedule Guidance Document 5 1.4 ADMINISTRATIVE REQUIREMENTS 6 A. Baseline Schedule 7 1. General 8 a. Prepare a cost-loaded baseline Schedule using approved software and the 9 Critical Path Method(CPM)as required in the City of Fort Worth Schedule to Guidance Document. 11 b. Review the draft cost-loaded baseline Schedule with the City to demonstrate 12 understanding of the work to be performed and known issues and constraints 13 related to the schedule, 14 c,. Designate an authorized representative(Prqject Scheduler)responsible for 15 developing and updating the schedule and preparing reports. 16 B. Progress Schedule 17 1. Update the progress Schedule naorithly as required in the City of Fort Worth 18 Schedule Guidance Document. 19 2. prepare the Schedule Narrative to accompany the nionthly progress Schedule, 20 3. Change Orders 21 a. Incorporate approved change orders,resulting in a change of contract time,in 22 the baseline Schedule in accordance with City of Fort Worth Schedule 23 Guidance Document. 24 C. Responsibility for Schedule Compliance 25 1. Whenever it becomes apparent from the current progress Schedule and CPI Status 26 Report that delays to the critical path have resulted and the Contract completion 27 date will not be met,or when so directed by the City,make some or all of the 28 following actions at no additional cost to the City 29 a. Submit a Recovery Plan to the City fbr approval revised baseline Schedule 30 outlining: 31 1) A written statement of the steps intended to take to remove or arrest the 32 delay to the critical path in the approved schedule 33 2) Increase construction manpower in such quantities and crafts as will 34 substantially eliminate the backlog of work and return current Schedule to 35 meet projected baseline completion dates 36 3) Increase the number of working hours per shift,shifts per day,working 37 days per week,the amount of construction equipment,or any combination 38 of the foregoing, sufficiently to substantially elitninate the backlog of work 39 4) Reschedule activities to achieve niaxinwin practical concurrency of 40 accomplishment of activities,and comply with the revised schedule 41 2. If no written statement of the steps intended to take is submitted when so requested 42 by the City,the City may direct the Contractor to increase the level of effort in 43 manpower(trades),equipment and work schedule(overtirne,weekend and holiday 44 work,etc.)to be employed by the Contractor in order to remove or arrest the delay 45 to the critical path in the approved schedule. 46 a. No additional cost for such work will be considered, MY Or,FOR"T WORT H IVA TFR&SA AUTA R YSENTI?RFPLA Cf,,A4],,NT CONM ACT 20.15 WSM-C.Par,I STANDARD(.',0NS1RUCT10N SPEOFICATION DOCUMENTS City Nr#ecl Na 02434 Revw sed July 1,2011 o/ sz m 3 CONSTRUCTION PROGRESS SCHEDULE Page sas \ D. The Contract completion time will 6e adjusted only for causes specified inthis 2 Contract. 3 u. Requests for un extension o[any Contract unmp|ciinn date must 6c 4 supplemented with the following: 5 |) Furnish justification and supporting evidence un the City may deem 6 necessary tn determine whether the requested extension of time inentitled 7 under the provisions of this Contract. 8 u) The City will,after receipt nf such justification and supporting 9 cvidcnuc, make findings nf fact and will advise the Contractor, in 10 writing thereof. l\ 2) lf the City finds that the requested extension nf time in entitled,the City's 12 determination untnthe total number nf days allowed for the extensions 13 shall 6c based upon the approved total baseline schedule and nn all data 14 relevant 1mthe extension. 15 u) Such data shall be included in the next updating nf the Progress 16 schedule. 17 b) Actual delays in activities which, according tn the Baseline schedule, 18 do not affect any Contract completion date shown by the critical path in 19 the network will not be the basis for uchange therein. 20 2. Submit each request for change in Contract completion date to the City within 30 21 days after the beginning of the delay for which a time extension is requested but 22 before the date of final payment under this Contract. 23 u. No time extension will bcgranted for requests which are not submitted within 24 the foregoing time limit. 25 b. From time to time, it may be necessary for the Contract schedule nrcompletion 26 time tnbc adjusted bv the City tn reflect the effects nf job conditions, weather, 27 technical difficulties, strikes, unavoidable delays nn the part nf the City nrits 28 representatives,and other unforeseeable conditions which may indicate 29 schedule adjustments nr completion time extensions. 30 /) Under such conditions,the City will direct the Contractor tn reschedule the 31 work or Contract completion time in reflect the changed conditions and the 32 Contractor shall revise his schedule accordingly. 33 u) Nn additional compensation will bo made tn the Contractor for such 34 schedule changes except for unavoidable overall contract time 35 extensions beyond the actual completion nf unaffected work, inwhich 36 uune the Contractor shall take all possible action to minimize any time 37 extension and any uJdhinnu] cost to the City. 38 b) Available float time in the Baseline schedule may 6c used by the City 39 un well uoby the Contractor. 40 3. Float nr slack time in defined un the amount nf time between the earliest start date 41 and the latest start date or between the earliest finish date and the latest finish date 42 nfu chain nf activities nn the Baseline Schedule. 43 u. Float nr slack time ia not for the exclusive use or benefit nf either the 44 Contractor or the City. 45 b. Proceed with work according io early start dates, and the City ohu\| have the 46 right tn reserve and apportion float time according tn the needs of the project. covor FORT WORTH um TER*SAmmx,xIAumxsrucmumr CONTRACT zo/5 W5M-cPam/ STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City pnoo,'No.mm4 Revised July 1,2011 Of 32 16-.4 CONS MIX 710N PROGRESS SCHEDULl' Pape 4 of'5 I c. Acknowledge and agree that actual delays,affecting paths of activities 2 containing float time,will not have any effect upon contract completion times, 3 providing that the actual delay does not exceed the float time associated with 4 those activities, 5 E. Coordinating Schedule with Other Contract Schedules 6 1. Where work is to be perfortned under this Contract concurrently with or contingent 7 upon work performed on the same facilities or area under other contracts,the 8 Baseline Schedule shall be coordinated with the schedules of the other contracts. 9 a. Obtain the schedules of the other appropriate contracts from the City for the 10 preparation and updating of Baseline schedule and make the required changes 11 in his schedule when indicated by chan& .!,es in corresponding schedules. 12 2. In case of interference between the operations of different contractors,the City will 13 determine the work priority of each contractor and the sequence of work necessary 14 to expedite the completion of the entire Project. Is a. In such cases,the decision of the City,shall be accepted as final. 16 b. The tempormy delay of any work due to such circumstances shall not be 17 considered asJustification for claims for additional compensalion. IS 1.5 SUBMITTALS 19 A. Baseline Schedule 20 1. Submit Schedule in native file format and pdf format as required in the City of Fort 21 Worth Schedule Guidance Document, 22 as Native file format includes: 23 1) Primavera.(P6 or Primavera 24 2. Submit draft baseline Schedule to City prior to the pre-construction meeting and 25 bring in hard copy to the meeting for review and discussion. 26 B. Progress Schedule 27 1. Submit progress Schedule in native file format and pdf format as required in the 28 City of Fort Worth Schedule Guidance Document. 29 2. Submit progress Schedule monthly no later than the last day of the month. 30 Schedule Narrative 31 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth 32 Schedule Guidance Document. 33 2. Submit schedule narrative monthly no later than the last day of the month. 34 D. Submittal I-Irocess 35 1. The City adntinisters and manages schedules through Buzz'saw. 36 2. Contractor shall submit documents as required in the City of Fort Worth Schedule 37 Guidance Document. 38 3 Once the project has been completed and Final Acceptance has been issued by the 39 City,no further progress scl"iedules are required. crry OF FORT WORM WA MR&SA N17 A R YSE WER REPIA CEAM NTCON 7 WA CT2015 WSM-C Part I STANDARD CONSTRUCTION SPECIrICATION D003MENTS, City Projer,,t No 02434 Revised July 1,2011 01 32 16-5 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE 5 A. The person preparing and revising the construction Progress Schedule shall be 6 experienced in the preparation of schedules of similar complexity. 7 B. Schedule and supporting documents addressed in this Specification shall be prepared, 8 updated and revised to accurately reflect the performance of the construction. 9 C. Contractor is responsible for the quality of all submittals in this section meeting the 10 standard of care for the construction industry for similar projects. 11 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 12 1.11 FIELD [SITE] CONDITIONS [NOT USED] 13 1.12 WARRANTY [NOT USED] 14 PART 2- PRODUCTS [NOT USED] 15 PART 3- EXECUTION [NOT USED] 16 END OF SECTION 17 Revision Loe DATE NAME SUMMARY OF CHANGE 18 CITY OF FORT WORTH WATER&SANITARYSEIVER RF,PLACENIAWT CONTRACT 2015 WSM-C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 01 32 33- 1 PRECONSI'RUCTION VIDEO Page 1 of 2 1 SECTION 0132 33 2 PRECONSTRUCTION VIDEO 3 PAT1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative and procedural requirements for: 7 a. Preconstruction Videos 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 1 l 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 —General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Preconstruction Video 20 1. Produce a preconstruction video of the site/alignment, including all areas in the 21 vicinity of and to be affected by construction. 22 a. Provide digital copy of video upon request by the City. 23 2. Retain a copy of the preconstruction video until the end of the maintenance surety 24 period. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 31 1.11 FIELD [SITE] CONDITIONS [NOT USED] 32 1.12 WARRANTY [NOT USED] 33 PART 2- PRODUCTS [NOT USED] CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Projecl No.02434 Revised July 1,2011 013233-2 PRIFCONSTRUCTION VIDEO Page,2 of 2 1 PART 3- EXECUTION I NOT USED] 2 END OF SECTION 3 Revisioni Log DATE NAME SUMMARY OF CHANGE ............. 4 CrrY OF FORT WORTH W,4TFR&,VN17ARY SEWER I?EPI.,4(.,'E'AILNI'C(3NTRACT,2015 WSM-C I'ar,I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,201 1 01 33 00- 1 SUBMITTALS Page 1 of 8 1 SECTION 0133 00 2 SUBMITTALS 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. General methods and requirements of submissions applicable to the following 7 Work-related submittals: 8 a. Shop Drawings 9 b. Product Data(including Standard Product List submittals) 10 c. Samples 11 d. Mock Ups 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 —General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Coordination 24 1. Notify the City in writing, at the time of submittal,of any deviations in the 25 submittals from the requirements of the Contract Documents. 26 2. Coordination of Submittal Times 27 a. Prepare, prioritize and transmit each submittal sufficiently in advance of 28 performing the related Work or other applicable activities, or within the time 29 specified in the individual Work Sections, of the Specifications. 30 b. Contractor is responsible such that the installation will not be delayed by 31 processing times including, but not limited to: 32 a) Disapproval and resubmittal (if required) 33 b) Coordination with other submittals 34 c) Testing 35 d) Purchasing 36 e) Fabrication 37 f) Delivery 38 g) Similar sequenced activities 39 c. No extension of time will be authorized because of the Contractor's failure to 40 transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH WATER&SANITARYSEWLiR REPLACEMENT CONTRACT 2015 WSM-C Part l STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised December 20,2012 013300-2 SUBMITTALS Page 2 of 8 1 d. Make submittals promptly in accordance with approved schedule,and in such 2 sequence as to cause no delay in the Work or in the work of any other 3 contractor. 4 B. Submittal Numbering 5 1. When submitting shop draivings or samples,utilize a 9-character submittal cross- 6 reference identification numbering systern in the following manner: 7 a. Use the first 6 digits of the applicable Specification Section Number. 8 b. Forte next 2 digits number use numbers 01-99 to sequentially number each 9 initial separate item or drawing submitted under each specific Section number. 10 c. Last use a letter,A-Z,indicating the resubmission of the same drawing(i.e. I I A=2nd submission,B=3rd submission,C=4th submission,etc.). A typical 12 submittal number would be as follows: 13 14 03 30 00-08-13 15 16 1) 03 30 00 is the Specification Section for Concrete 17 2) 08 is the eighth initial submittal under this Specification Section 18 3) B is the third submission(second resubmission)of that particular shop 19 drawing 20 C. Contractor Certification 21 1. Review shop drawings,product data and samples,including those by 22 subcontractors,prior to submission to determine andverify the following: 23 a. Field measurements 24 b. Field construction criteria, 25 c. Catalog nurnbers and similar data 26 d. Conformance with the Contract Docurnents 27 1 Provide each shop drawing,,swnple and product data submitted by the Contractor 28 with a(.ertification Statement affixed including: 29 a. The Contractor's Company name 30 b. Signature of submittal reviewer 31 c. Certification Statement 32 1) "By this submittal, I hereby represent that I have determined and verified 33 field measurements,field construction criteria,materials,din'iensions, 34 catalog numbers and similar data and I have checked and coordinated each 35 item with other applicable approved shop drawings," 36 D. Submittal Format 37 1. Fold shop drawings larger than 8 Y2. inches x I I inches to 8 ✓2 inches x I I inches. 38 2. Bind shop drawings and prodtict data sheets together. 39 3. Order 40 a. Cover Sheet 41 1) Description of Packet 42 2) Contractor-Certification 43 b. List of items/"fable of Contents 44 c. Product Data/Shop Drawings/Samples/Calculations 45 E. Submittal Content 46 1. The date of submission and the dates of any previous submissions MY OF FORTWOR-fli WATFR&MNJTARY',VEWER Rl,,'I'IA(-'I,,A411,,A("CoAf7RACT2015 WSM C Part I STANDARD CONS MIXTION SPECIFICATION IX)CUMIEW"FIS City I'rqect No.02434 Revised December 20,2012 o| ouo 3 uuumnTxI.o Page 3 o l 2. The Project ddcumdoumbcr 2 l Contractor identification 3 4. The names of: 4 u. Contractor 5 b. Supplier 6 u. Manufacturer 7 5. Identification of the product, with the Specification Section number, page and 8 paragraph(s) 9 6. Field dimensions,clearly identified ossuch lV 7. Relation to adjacent orcritical features ofthe Work ormaterials ll 8. Applicable standards, Such as&STK4or Federal Specification numbers 12 9. Identification by highlighting of deviations from Contract Documents 13 10. Identification hy highlighting of revisions onpxsobmittu|u 14 11. An 8-inch x 3-inch blank space for Contractor and City stamps 15 F. Shop Drawings 16 |. /\x specified inindividual Work Sections includes, but ix not necessarily limited to: 17 u. Custom-prepared data such as fabrication andepootion/inxtaUa1ion (working) 18 drawings 19 h. Scheduled information 20 c Setting diagrams 21 d. &otuu| xhnp*ork manufacturing instructions 22 e. Custom templates 23 [ Special wiring diagrams 24 g. Coordination drawings 25 b. Individual system or equipment inspection and test reports including: 26 l) Performance curves and certifications 27 i &s applicable tothe Work 28 2. Details 29 o. Relation nf the various parts 0o the main members and lines of the structure 30 h. Where correct fabrication of the Work depends upon field measurements 31 l) Provide such measurements and note on the drawings prior 0osubmitting 32 for approval. 33 G. Product Data 34 l. For submittals of product data for products included on the City's Standard Product 35 List,clearly identify each item selected for use onthe Project. 36 2. For submittals of product data for products not included on the City's Standard 37 Product List, submittal data may include, but is not necessarily limited to: 38 a. Standard prepared data for manufactured products(sometimes referred to as 39 catalog data) 40 |) Such uo the manufacturer's product specification and installation 41 instructions 42 2) Availability nf colors and patterns 43 3) Manufacturer's printed statements of compliances and applicability 44 4) Roughing-in diagrams and templates 45 5) Catalog cuts 46 6) Product photographs CITY oF FORT WORTH WATER&za^xmx,u*/mn REPLACEMENT CONTRACT zm5w,5w'c Part/ oTxwoxno CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.m*a* Revised December zo.zo/z 013300-.4 SUBMITTALS ."age 4 of 8 1 7) Standard wiring diagranis 2 9) Printed performance curves and operational-rai,ige diagrains 3 9) Production or quality control inspection and test reports and certifications 4 10) Mill reports 5 11)Product operating and maintenance instructions and recommended 6 spare-parts listing and printed product warranties 7 12) As applicable to the Work 8 H. Samples 9 1. As specified in individual Sections,include,but are not necessarily limited to: 10 a. physical examples of the Work such as: 11 1), Sections of manufactured or fabricated Work 12 2) Small cuts or containers of materials 13 3) Complete units of repetitively used products color/texture/pattern swatches 14 and range sets 15 4) Specimens for coordination of visual effect 16 5) Graphic symbols and units of Work to be used by the City for independent 17 inspection and testing,as applicable to the Work 18 1. Do not start Work requiring a shop drawing,sample or product data nor any material to 19 be fabricated or installed prior to the approval or qualified approval of such item. 20 1. Fabrication peribruned,materials purchased or on-site construction accomplished 21 which does not conform to approved shop drawings and data is at the Contractor's 22 risk. 23 2. The City will not be liable for any expense or delay due to conr,ections or remedies 24 required to accomplish conformity. 25 3. Complete project Work,materials,fabrication,and installatiolills in conformance 26 with approved shop drawings,applicable sarntiles,and product data. 27 J. Submittal Distribution 28 1. Electronic Distribution 29 a. Confirm development of Project directory for electronic submittals to be 30 uploaded to City's Buz7.saw site,or another external FTP site approved by the 31 city. 32 b. Shop Drawings 33 1) Upload subinflittal to designated projects directory and notif appropriate 34 City representatives via email of submittal posting. 35 2) Hard Copies 36 a) 3 copies for all submittals 37 b) If(,ontractor requires more than I hard copy of Shop Drawings 38 returned,Contractor shall submit more than the number of copies listed 39 above. 40 c. Product Data 41 1) 1 Jpload submittal to designated pro ect direct)r­y and notifA appropriate J y 42 City representatives via email of submittal posting. 43 2) Hard Cop�ies 44 a) 3 copies for all submittals 45 d. Samples 46 1) Distributed to the Project Representative 47 1 Hard Copy Distribution(if required in lieu of electronic distribution) crry OF FORT WORTH WA TFR&,VN17AR Y SEWER REPLACEMENT(7ONTRACT 2015 WNU-C Pan I STANDARD CONSTRAX'FION SIIF(AFICA,rI0N fx)(21IMENTS Ci(y Project No,02434 Revised Decembw 20,2012 01 33 00-5 sUBMI"ITALS Page 5 of H 1 a. Shop Drawings 2 1) Distributed to the City 3 2) Copies 4 a) 8 copies for mechanical submittals 5 b) 7 copies for all other submittals 6 c) If Contractor requires more than 3 copies of Shop Drawings returned, 7 Contractor shall submit more than the number of copies listed above. 8 b. Product Data 9 1) Distributed to the City 10 2) Copies 11 a) 4 copies 12 c. Samples 13 1) Distributed to the Project Representative 14 2) Copies 15 a) Submit the number stated in the respective Specification Sections. 16 3. Distribute reproductions of approved shop drawings and copies of approved 17 product data and samples, where required,to the job site file and elsewhere as 18 directed by the City. 19 a. Provide number of copies as directed by the City but not exceeding the number 20 previously specified. 21 K. Submittal Review 22 1. The review of shop drawings, data and samples will be for general conformance 23 with the design concept and Contract Documents. This is not to be construed as: 24 a. Permitting any departure from the Contract requirements 25 b. Relieving the Contractor of responsibility for any errors, including details, 26 dimensions, and materials 27 c. Approving departures from details furnished by the City, except as otherwise 28 provided herein 29 2. The review and approval of shop drawings, samples or product data by the City 30 does not relieve the Contractor from his/her responsibility with regard to the 31 fulfillment of the terms of the Contract. 32 a. All risks of error and omission are assumed by the Contractor, and the City will 33 have no responsibility therefore. 34 3. The Contractor remains responsible for details and accuracy, for coordinating the 35 Work with all other associated work and trades, for selecting fabrication processes, 36 for techniques of assembly and for performing Work in a safe manner. 37 4. If the shop drawings, data or samples as submitted describe variations and show a 38 departure from the Contract requirements which City finds to be in the interest of 39 the City and to be so minor as not to involve a change in Contract Price or time for 40 performance,the City may return the reviewed drawings without noting an 41 exception. 42 5. Submittals will be returned to the Contractor under 1 of the following codes: 43 a. Code 1 44 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or 45 comments on the submittal. 46 a) When returned under this code the Contractor may release the 47 equipment and/or material for manufacture. 48 b. Code 2 CITY OF FORT WORTFI WATER&SANITARYSEWER Rfs'1'IAC'EA41zNT('ONTR4C7'2015 WSM-C'Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Prcyect No.02434 Revised December 20,2012 (fi13300-6 SUBMWIALS Page 6 of 8 1) "EXCEPTIONS NOTED". -This code is assip)ied when a confirniation of 2 the notations and comments IS NOT'required by the Contractor. 3 a) The Contractor may release the equipment or material for nianufacture; 4 however,all notations and corninents must be incorporated into the 5 final product. 6 c. Code 3 7 1) "EXCEPTIONS NOTED/R.ESLMMIT". 'This combination of codes is 8 assigned.when notations and comments are extensive enou?)�i to require a 9 reSUbmittal of the package. 10 a) The Contractor may release the equipment or material for manufacture; 11 however,all notations and cornments must be incorporated into the 12 final product, 13 b) This resubmittal is to address all cornments, omissions and 14 non-confbrming items that were noted. 15 c) Resubi-nittal is to be received by the City within 15 Calendar Days of 16 the date of the City's transmittal requiring the resubmittal. 17 d. Code 4 18 1) "NOT APPROVED" is assigned when the submittal does not meet the 19 intent of the Contract Documents, 20 a) "The Contractor must resubmit the entire package revised to bring the 21 subinittal into conformance, 22 b) It may be necessary to resubmit using a different inanufacturer/vendor 23 to meet the Contract Docuinents, 24 6. Resubmittals 25 a. Handled in the same manner as first submittals 26 1) Corrections other than requested by the City 27 2) Marked with revision triangle or other similar method 28 a) At Contractor's risk if not marked 29 b.' Submittals for each item will be reviewed no more than twice at the City's 30 expense. 31 1) All subsequent reviews will be performed at times convenient to the City 32 and at the Contractor's expense,based on the City's or City 33 Representative's then prevailing rates. 34 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 35 all such fees invoiced by the City. 36 c. The need for more than I resubmission or any other delay in obtaining City's 37 review of submittals,will not entitle the Contractor to an extension of Contract 38 Time. 39 T Partial Submittals 40 a. City reserves the right to not review submittals deemed partial,at the City's 41 discretion. 42 b. Submittals deemed by the City to be not complete will be returned to the 43 Contractor,and will be considered "Not Approved" until resubmitted. 44 c. "The City may at its option provide a list or mark the submittal directing the 45 Contractor to the areas that are incomplete. 46 8. If the Contractor considers any correction indicated on the shop drawings to 47 constitute a change to the Contract Documents,then written notice must be 48 provided thereof to the City at least 7 Calendar Days prior to release for 49 manufacture. MY OF PORT WORT11 WA TER&MMIAR Y SEWER R1,111A CEMEWTCONTWACT 2015 HISM-C Part I STANDARD(7ONSITU)MION SPECIFICATION DOCUMENTS C"ify hxyea No,02434 Revi• d Uftemtmr 20,2012 013300-7 SUBMITTALS Page 7 of 8 1 9. When the shop drawings have been completed to the satisfaction of the City, the 2 Contractor may carry out the construction in accordance therewith and no further 3 changes therein except upon written instructions from the City. 4 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 5 following receipt of submittal by the City. 6 L. Mock ups 7 1. Mock Up units as specified in individual Sections, include, but are not necessarily 8 limited to, complete units of the standard of acceptance for that type of Work to be 9 used on the Project. Remove at the completion of the Work or when directed. 10 M. Qualifications I 1 1. If specifically required in other Sections of these Specifications, submit a P.E. 12 Certification for each item required. 13 N. Request for Information(RFI) 14 1. Contractor Request for additional information 15 a. Clarification or interpretation of the contract documents 16 b. When the Contractor believes there is a conflict between Contract Documents 17 c. When the Contractor believes there is a conflict between the Drawings and 18 Specifications 19 1) Identify the conflict and request clarification 20 2. Use the Request for Information (RFI) form provided by the City. 21 3. Numbering of RF1 22 a. Prefix with "RFI"followed by series number, "-xxx", beginning with"0199 and 23 increasing sequentially with each additional transmittal. 24 4. Sufficient information shall be attached to permit a written response without further 25 information. 26 5. The City will log each request and will review the request. 27 a. If review of the project information request indicates that a change to the 28 Contract Documents is required, the City will issue a Field Order or Change 29 Order, as appropriate. 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] 35 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 36 1.11 FIELD [SITE] CONDITIONS [NOT USED] 37 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH WATER Mfr SANITARY SL WIr;R RI;PLA("Ix'MF:NT CCINTRACT 2015 WSM-C Port I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised December 20,2012 013300 8 SUBME'17ALS Page 8 of 8 1 PART 2® PRODUCTS [NOT USED] 2 PART 3 ® EXECUTION [NOT USED] 3 END OF SECTION 4 Revision Log DATE, NAME SUMMARY OF CHANGE 12/20/2012 D.Johnson 1.4.K.8.Working E)ays modified t®Calendar Days 5 MY OF FORT WORTH Wyl TER&SANFIARYSEWER REPLA(MAIENTCONTRA CT2015 WSM-C Payl I STANDARD CONSTRUCTION SPI]IVIFICATION WCUMENTS City h Oject No,02434 Revised December 20,2012 013513-1 SPECIAL PROJECT PROCEDURES Page 1 of 8 1 SECTION 0135 13 2 SPECIAL PROJECT PROCEDURES 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedures for special project circumstances that includes, but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Air Pollution Watch Days 11 e. Use of Explosives, Drop Weight, Etc. 12 f. Water Department Notification 13 g. Public Notification Prior to Beginning Construction 14 h. Coordination with United States Army Corps of Engineers 15 i. Coordination within Railroad permits areas 16 j. Dust Control 17 k. Employee Parking 18 1. Coordination with North Central Texas Council of Governments Clean 19 Construction Specification 20 B. Deviations from this City of Fort Worth Standard Specification 21 1. None. 22 C. Related Specification Sections include, but are not necessarily limited to: 23 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 24 2. Division 1 —General Requirements 25 3. Section 33 12 25—Connection to Existing Water Mains 26 1.2 PRICE AND PAYMENT PROCEDURES 27 A. Measurement and Payment 28 1. Coordination within Railroad permit areas 29 a. Measurement 30 1) Measurement for this Item will be by lump sum. 31 b. Payment 32 1) The work performed and materials furnished in accordance with this Item 33 will be paid for at the lump sum price bid for Railroad Coordination. 34 c. The price bid shall include: 35 1) Mobilization 36 2) Inspection 37 3) Safety training 38 4) Additional Insurance 39 5) Insurance Certificates CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C Parr 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.024234 Revised December 20,2012 0135 13-2 SPECIAL PROSECT PIZ(KEIDURES Page,2 of'8 1 6) Other requirements associated with general coordination with Railroad, 2 including additional employees required to protect the rig may an ji�t--of- ( d 3 property of the Railroad from damage,arising out of and/or from the 4 construction of the Project,, 5 2. Railroad Flagnien 6 a. Measurement 7 19 Measurement for this Item will be per working day. 8 b. Payment 9 1) The work performed and materials fumished in accordance with this Item 10 will be paid for each working day that Railroad Flagmen are present at the 11 Site. 12 c. The price bid shall include: 13 1) Coordination for scheduling flagirnen 14 2) Flagmen 15 3') Other requirements associated with Railroad 16 3. All other items 17 a. Work associated with these Items is considered subsidiary to the vafious Items 18 bid. No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Reference Standards 21 1. Reference standards cited in this Specification refer to the current reference 22 standard published at the time of the latest revision date logged at the end of this 23 Specification,unless a date is specifically cited. 24 2. Health and Safety Code,Title 9.Safety, Subtitle A. Public Safety,Chapter 752. 25 High Voltage Overhead Lines. 26 3. North Central Texas Council of Governments(N(7FCOG) Clean Construction 27 Specification 28 1.4 ADMINISTRATIVE REQUIREMENTS 29 A. Coordination with the Texas Department ot"Fransportation 30 L When work in the ripj'a-of-way which is under the jurisdiction of the Texas 31 Department of Transpoill.ation(Txl)(Yr): 32 a. Notify the Texas Department of"I"ransportation prior to commencing arty work 33 therein in accordance with the provisions of the permit 34 b. All work performed in the Tx DOT'right-of-way shall be perfomied in 35 compliance with and subject to approval from the Texas Department of 36 Transportation 37 B. Work near High Voltage Lines 38 to Regulal'ory Requirement's 39 a. All Work near High Voltage Lines(more than 600 volts rnemsured between 40 conductors or between a conductor and the ground)shall be in accordance with 41 Health and Safety Code,Title 9,Stabtitle A,Chapter 752, 42 2. Waming sign, 43 a. Provide sign of sufficient size meeting all OSHA requirements, 44 3. Equipment operating within 10 feet of high voltage lines will reqt,dre the following 45 safety features crry OFFORTWORTH WATER&SANITARYSEWER RLIlldt(,'Ia'ML,iV7'CONTRAC'7'2015 WSM-C Purl) STANDARD CONSMUCTION SPECIFICATION WCUMENI:Ss CUY Pyuject No.0,24,234 Revised December 20,2012 o/ o o 3 SPECIAL PROJECT PROCEDURES Page sum \ u Insulating cage-type of guard about the boom orarm 2 b. Insulator links on the lift hook connections for back hoes ordippers 3 u. Equipment must meet the safety requirements oy set forth by OSHA and the 4 safety requirements of the owner of the high voltage lines 5 4. Work within 6 feet o[high voltage electric lines 6 u. Notification shall be given 1o: 7 |) The power company(exump!e: ONCDR) 8 u) Maintain un accurate log of all such calls to power company and record 9 action taken in each case. 10 b. Coordination with power company l| |) After notification coordinate with the power company to: 12 u) Erect temporary moohuniuu| barriers, de-energize the |ines, or raise or 13 lower the lines 14 o. No personnel may work within 6 feet ofa high voltage line before the above 15 requirements have been met. 16 C. Confined Space Entry Program 17 |. Provide and follow approved Confined Space Entry Program in accordance with 18 OSHA requirements. 19 2. Confined Spaces include: 20 a. Manholes 21 6. All other confined spaces in accordance vviLhOSH/\`s Permit Required for 22 Confined Spaces 23 D. Air Pollution Watch Days 24 l. Genera) 25 u. Observe the following guidelines relating to working on City construction sites 26 on days designated as"AIR POLLUTION WATCH D/\YB" 27 h. Typical Ozone Season 28 |) May | through October 3l. 29 u. Critical Emission Time 30 |) 6:00um. Lo \0:00 am. 31 2. Watch Days 32 a. The Texas Commission on Environmental Quality (TCEO), incoordination 33 with the National Weather Service, will issue the Air Pollution Watch by 3:00 34 p.m. on the afternoon prior/o the WATCH day. 35 b. Requirements 36 |) Begin work after |0:00am. whenever construction phasing requires the 37 use of motorized equipment for periods in excess ofl hour. 38 2) However,the Contractor may begin work prior Lo 10:00 a.m. it 39 a) Use uf motorized equipment ia less than | hour, or 40 b) |f equipment is new and certified by EPA as ^^Lovv Emitting",or 41 equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions,or 42 alternative fuels such uuCNG. 43 G. 7CE0 Air Permit 44 |. Obtain TCEQ Air Permit for construction activities per requirements of TCEQ. 45 F. Use of Explosives, Drop Weight, Etc. 46 |. When Contract Documents pumoiLon the project the following will apply: CITY or FORT WORTH /mrPxuuxw/mxruswmnoxrc/cswxwr CONTRACT m/5xvAI-c Part/ STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS otyProject No.oz°os Revised December zo.zo/z 0 135 13 -4 SPECIAL PROJECT 11ROCEDURE'S Pape 4 of 8 I a. Public Notification 2 1) Submit notice to City and proof of adequate insurance coverage,24 hours 3 prior to comaiencing. 4 2) Minimum 24 hour public notification in accordance with Section 01 31 13 5 G. Water Departnierit Coordination 6 1. During the construction of this project,it will be necessary to deactivate,for a 7 period of time,existing lines. The Contractor shall be required to coordinate with 8 the Water Department to determine the best times for deactivating and activating 9 those lines. 0 2. C oordinale any event that will require connecting to or the operation of an existing I City water line system with the City's representative. 12 a., Coordination shall be in accordance with Secfion 33 12 25. 13 b. If needed,obtain a hydrant water meter from the Water Department for use 14 during the life of named project. 15 c. In the event that a water valve on an existing live system be turned off and on 16 to accommodate the construction of the pr(iJect is required,coordinate this 17 activity through the appropriate City representative, 18 1) Do not operate waterline valves of existing water system. 19 a) Failure to comply will render the Contractor in violation of Texas Penal 20 Code Title 7,Chapter 28.03 (Criniinal Mischief)and the Contractor 21 will be prosecuted to the full extent of the law. 22 b) In addition,the Contractor will assume all liabilities and 23 responsibilities as a result of these actions. 24 H. Public Notification Prior to Beginning Construction 25 1. Prior to beginning construction on any block in the project, on a block by block 26 basis,prepare and deliver a notice or flyer of the pending construction to the front 27 door of each residence or business that will be impacted by construction.The notice 28 shall be prepared as follows: 29 a. Post notice or flyer 7 days prior to beginning any construction activity on each 30 block in the project area. 31 1) Prepare flyer on the Contractor's letterhead and include the following 32 information: 33 a) Name of Project 34 b) City Project No(CPN) 35 c) Scope of Project(i.e.type of construction activity) 36 d) Actual construction duration within the block 37 e) Name of the contractor's foreman and phone number 38 0 Name of the City's inspector arid phone nurnber, 39 g) City's,after-hours phone number 40 2) A sample of the'pyre-consiruction notification' flyer is attached as Exhibit 41 A. 42 3) Submit schedule showing the construction start and finish time for each 43 block of the project to the inspector. 44 4) Deliver flyer to the City Inspector for review prior to distribution. 45 b. No construeti ,on will be allowed to begin on any block until the flyer is 46 delivered to all residents of the block. 47 1. Public Notification ofTernpormy Water Service Interruption during Construction CITY OF FORT WORT11 WAMR&SANITARYSEWER RhP]ACL,'411,,NTCOCW(TRA(.'7'2015 WSM.-C'Parl I STANDARD CONSTRU010N SPECTFICATION DOCUMFNIS CRY Project No.024234 Revised December 20,2012 01 35 13-5 SPECIAL PROJECT PROCEDURES Page 5 of 8 1 1. In the event it becomes necessary to temporarily shut down water service to 2 residents or businesses during construction, prepare and deliver a notice or flyer of 3 the pending interruption to the front door of each affected resident. 4 2. Prepared notice as follows: 5 a. The notification or flyer shall be posted 24 hours prior to the temporary 6 interruption. 7 b. Prepare flyer on the contractor's letterhead and include the following 8 information: 9 1) Name of the project 10 2) City Project Number 11 3) Date of the interruption of service 12 4) Period the interruption will take place 13 5) Name of the contractor's foreman and phone number 14 6) Name of the City's inspector and phone number 15 c. A sample of the temporary water service interruption notification is attached as 16 Exhibit B. 17 d. Deliver a copy of the temporary interruption notification to the City inspector 18 for review prior to being distributed. 19 e. No interruption of water service can occur until the flyer has been delivered to 20 all affected residents and businesses. 21 f. Electronic versions of the sample flyers can be obtained from the Project 22 Construction Inspector. 23 J. Coordination with United States Army Corps of Engineers(USACE) 24 1. At locations in the Project where construction activities occur in areas where 25 USACE permits are required, meet all requirements set forth in each designated 26 permit. 27 K. Coordination within Railroad Permit Areas 28 1. At locations in the project where construction activities occur in areas where 29 railroad permits are required, meet all requirements set forth in each designated 30 railroad permit. This includes, but is not limited to, provisions for: 31 a. Flagmen 32 b. Inspectors 33 c. Safety training 34 d. Additional insurance 35 e. Insurance certificates 36 f. Other employees required to protect the right-of-way and property of the 37 Railroad Company from damage arising out of and/or from the construction of 38 the project. Proper utility clearance procedures shall be used in accordance 39 with the permit guidelines. 40 2. Obtain any supplemental information needed to comply with the railroad's 41 requirements. 42 3. Railroad Flagmen 43 a. Submit receipts to City for verification of working days that railroad flagmen 44 were present on Site. 45 L. Dust Control 46 1. Use acceptable measures to control dust at the Site. 47 a. If water is used to control dust, capture and properly dispose of waste water. CITY OF FORT WORTH WATER R SANITARY'SEWER REPLACEA4F.'NT CONTRACT 2015 WSAA-C Part STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.024234 Revised December 20,2012 01 35 13-6 SPECIAL PR09E(7FPR(X-'ED1 R.ES Page Cr of 8 1 b. If wet saw cutting is perfonned,capture and properly dispose of shHTY. 2 M. Employee Parking 3 1. Provide parking for employees at locations approved by the City. 4 N. (Coordination with North CemralTexas Coirncil of Governments(NCTC0(j)Clean 5 Construction Specification [if required-for the pro.ject--r verify with City] 6 L Cbmply with equipment,operational,reporting and enforcernent requirements set 7 forth in NCTCOG's Clean Construction Specification.) 8 1.5 SUBMITTALS [NOT USED] 9 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE [NOT USED] 13 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2® PRODUCTS [NOT USED] 17 PART 3- EXECUTION [NOT USED] 18 END OF SECTION 19 Revision Log DATE NAME SUMMARY OF CHANGE 1 A 13—Added requirement of compliance with Health and Safety Code,Title 9. 8/31/2012 1.D.Johnson Safety,Subtitle A,Public Safety,Chapter 752.High Voltage Overhead Lines., IAE—Added Coriftactor responsibility for obtaining aTCEQ Air Permit 20 CITY OF FORT WORTH WA TER&S4NITARYSEWER I?P'ADLACI,,',141 NI"C(3NTRA(,°T2015"ISM-Cpan I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Chy Awjecs No.024234 Revised December 20,2012 013513-7 SPECIAL PROJECT PRO CEIDURES Page 7 of 8 EXHIBIT A 2 (To be printed on Contractor's Letterhead) 3 4 5 6 Date: 7 8 CPN No.: 02434 9 Project Name: WATER & SANITARY SEWER REPLACEMENT CONTRACT 2015 10 WSM.-C Part 1 11 Mapsco Location: 12 Limits of Construction, 13 14 laws 15 16 17 18 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 19 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 20 PROPERTY. 21 22 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 23 OF THIS NOTICE. 24 25 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 26 ISSUE, PLEASE CALL: 27 28 29 Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> 30 31 OR 32 33 Mr. <CITY INSPECTOR> AT < TELEPHONE NO> 34 35 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 36 37 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 38 CITY OF FORT WORTH WA 7EI?&SA IVITA R Y SE WER REPIA C'EMAW T(70NIRA CT 2015 WSM-C PaH I STANDARD CONSTRU('"TION SPECIFICATION DOCUMENTS (.7fty Project Aro,02'4234 Revised Elwecembm-20,2012 Of 35 13-8 SPECIAL PROJECT PROCEDUIUES Page 8&8 EXHIBIT B 2 FORT WORTH DOE"o.xxxx Project"Anw. NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT-OUT,PLEASE CALL. R. AT (CONTRACTORS SUPER.INTFNDENT) (TELEPHONE NUMBER) OR M . AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, CONTRACTOR 3 4 CrrY OF FORT WORTH WA77 &a NITARYSf,Wr�,RRL'PIIA(,'I','Mh,'IV7'Ct)IVIR4C'T2015 WSM-C PaH I STANDARD CONSTRIJ010N SPECIFICATION DOCUMENTS City Piviert No.024234 Revised December 20,2012 01 45 23-1 TESTING AND INSPECTION SERVICES Page i of 2 1 SECTION 0145 23 2 TESTING AND INSPECTION SERVICES 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Testing and inspection services procedures and coordination 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 11 2. Division l —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 a. Contractor is responsible for performing, coordinating, and payment of all 17 Quality Control testing. 18 b. City is responsible for performing and payment for first set of Quality 19 Assurance testing. 20 1) If the first Quality Assurance test performed by the City fails,the 21 Contractor is responsible for payment of subsequent Quality Assurance 22 testing until a passing test occurs. 23 a) Final acceptance will not be issued by City until all required payments 24 for testing by Contractor have been paid in full. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Testing 28 1. Complete testing in accordance with the Contract Documents. 29 2. Coordination 30 a. When testing is required to be performed by the City, notify City, sufficiently 31 in advance,when testing is needed. 32 b. When testing is required to be completed by the Contractor, notify City, 33 sufficiently in advance,that testing will be performed. 34 3. Distribution of Testing Reports 35 a. Electronic Distribution 36 1) Confirm development of Project directory for electronic submittals to be 37 uploaded to City's Buzzsaw site, or another external FTP site approved by 38 the City. CITY OF FORT WORTH WATER&.SANITARYSEWER RLEI'LA!_Y MEWT CONTRACT 2015 WSM-C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01434 Revised July 1,2011 014523-.2 "I"FS ITNG AND INSPECTION SERVICES Page 2 of 2 1 2) Upload test reports to designated prq�ject directory and notify appropriate 2 City,representatives via email of subruittal posting. 3 3) Hard Copies 4 a) I copy for all submittals submitted to the Project Representative 5 b. Hard Copy Distribution(if required in lieu of electronic distribution) 6 1) 'Tests performed by City 7 a) Distribute I hard copy to the Contractor 8 2) Tests per-fori-ned by the Contractor 9 d) Distribute 3 hard copies to City's Project Representative 10 4. provide City's I�Irqject Representative with trip tickets for each delivered load of 11 Concrete or Lime material including the following information: 12 a. Name of pit 13 b. Date of delivery 14 c. Material delivered 15 B. Inspection 16 1. Inspection or lack of i nspection does not relieve the Contractor from obligation to 17 perforin work in accordance with the Contract Documents. 18 1.5 SUBMITTALS [NOT USED] 19 1.6 AC"TION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2® PRODUCTS [NOT USED] 27 PART 3- EXECuTION [NOT USED] 28 END OF SECTION 29 Revision Log .......... DATE NAME SUMMARY OF CHANGE ............... .......................... 30 CITY Or rORT OR11 I WATER&SANITARYSEWER I?FPI.ACf,A,ff'N)"(: 01 50 00-1 TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 1 SECTION 01 50 00 2 TEMPORARY FACILITIES AND CONTROLS 3 PA T 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provide temporary facilities and controls needed for the Work including,but not 7 necessarily limited to: 8 a. Temporary utilities 9 b. Sanitary facilities 10 c. Storage Sheds and Buildings 11 d. Dust control 12 e. Temporary fencing of the construction site 13 B. Deviations from this City of Fort Worth Standard Specification 14 1. None. 15 C. Related Specification Sections include, but are not necessarily limited to: 16 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division 1 —General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various Items bid. 21 No separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Temporary Utilities 25 1. Obtaining Temporary Service 26 a. Make arrangements with utility service companies for temporary services. 27 b. Abide by rules and regulations of utility service companies or authorities 28 having jurisdiction. 29 c. Be responsible for utility service costs until Work is approved for Final 30 Acceptance. 31 1) Included are fuel, power, light, heat and other utility services necessary for 32 execution, completion,testing and initial operation of Work. 33 2. Water 34 a. Contractor to provide water required for and in connection with Work to be 35 performed and for specified tests of piping, equipment, devices or other use as 36 required for the completion of the Work. 37 b. Provide and maintain adequate supply of potable water for domestic 38 consumption by Contractor personnel and City's Project Representatives. 39 c. Coordination 40 l) Contact City I week before water for construction is desired CITY OF FORT WORTH WATER&SANITARYSEWER REPL4CEA11 NTCONTRACT 2015 WSM-C,'I'art I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 015000-2 TEMK)RARY FMILI,TIJES AND CONTROLS 11ape 2 of 4 I d. Contractor Payment for Construction Water 2 1) Obtain construction water meter from City for payment as billed by City's 3 established rates. 4 3. F�Illectricity and Lighting 5 a. Provide and pay for electric powered service as required for Wod(, including 6 testing of Work. 7 1) Provide power for fij)iting,operation of equipment,or other use. 8 b. Electric power service includes ternporary power service or generator to 9 maintain operations during scheduled shutdown. 10 4. "T"elephone 11 a. Provide emergency telepillone service at Site for use by Contractor personnel 12 and others performing work or furnishing services at Site. 13 5. Temporary Heat and Ventilation 14 a. Provide temporary heat as necessary for protection or completion of Work. 15 b. Provide temporary heat and ventilation to assure safe working conditions. 16 B. Sanitary Facilities 17 1. Provide and maintain sanitary facilities for persons on Site. 18 a. Comply with regulations of State and local depaiments of health. 19 2. Enforce use of sanitary,facilities by construction personnel at job site. 20 a. Enclose and anchor sanitary facilities. 21 b. No discharge will be allowed from these facilities. 22 c. Collect and store sewage and waste so as not to cause rtuisance or health 23 problerri. 24 d. Haul sewage and waste off-site at no less than weekly intervals and properly 25 dispose in accordance with applica0le regulation. 26 3. Locate facilities near Work Site and keep clean and maintained throughout Prqject. 27 4. Remove facilities at completion of Project 28 C. Storage Sheds and Buildings 29 1. Provide adequately ventilated,watertight,weatherproof storage facilities with floor 30 above ground level for materials and equipment susceptible to weatlaer damage. 31 2. Storage of materials not susceptible to weather darnage may be on blocks off' 32 ground. 33 3. Store materials in a neat and orderly manner. 34 a. Place materials and equipment to pennit easy access for identification, 35 inspection and inventory, 36 4. EAluip building with lockable doors and lip .;hting,and provide electrical service for 37 equipment space heaters and heating or ventilation as necessary to provide storage 38 environments acceptable to specified manufacturers. 39 5. Fill and grade site for temporary structures to provide drainage away from 40 temporary and existing buildings. 41 6. Remove building from site prior to Final Acceptance. 42 D. Temporary Fencing 43 1. Provide and maintain for the duration or construction when required in contract 44 documents 45 E. Dust Control CrI'Y OF FORT WORM JYA TER&SAN17:4RYV,,'JVFR REYLACEMEWTCONTRACT 201S JPSM-C Pay-,I STANDARD CONSIRUCTION SPECIFICATION D(KIWENTS City Project No. 02434 Revised Jut 1,201 1 015000-3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1 1. Contractor is responsible for maintaining dust control through the duration of the 2 project. 3 a. Contractor remains on-call at all times 4 b. Must respond in a timely manner 5 F. Temporary Protection of Construction 6 1. Contractor or subcontractors are responsible for protecting Work from damage due 7 to weather. 8 1.5 SUBMITTALS [NOT USED] 9 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE [NOT USED] 13 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2 - PRODUCTS [NOT USED] 17 PART 3 - EXECUTION [NOT USED] 18 3.1 INSTALLERS [NOT USED] 19 3.2 EXAMINATION [NOT USED] 20 3.3 PREPARATION [NOT USED] 21 3.4 INSTALLATION 22 A. Temporary Facilities 23 1. Maintain all temporary facilities for duration of construction activities as needed. 24 3.5 [REPAIR] / [RESTORATION] 25 3.6 RE-INSTALLATION 26 3.7 FIELD [OR] SITE QUALITY CONTROL[NOT USED] 27 3.8 SYSTEM STARTUP [NOT USED] 28 3.9 ADJUSTING [NOT USED] 29 3.10 CLEANING [NOT USED] 30 3.11 CLOSEOUT ACTIVITIES 31 A. Temporary Facilities CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 015000-4 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1 1. Remove all t:ernporary facilities and restore area after completion of the Work,t® 2 condition equal to or better than ri®r to start of Work. 3 3.12 PROTECTION [NOT USED] 4 3.13 MAINTENANCE [NOT USED] 5 3.14 ATTACHMENTS [NOT USED] 6 END OF SECTION 7 Revision Lo DATA NAME SUMMARY OF CHANGE GE CITY OF FORT WORTH WATHR&oSAIV17 ARY S WER REPIA(`.'1,AjFN7'C.'0N77t.C1,2015 WSM.0 Part 1 STANDARD CONSTRUCTION SPECIFICATION ION D(. ' T .^NTS City Nojecr No.02434 Revised July 1„2011 01 55 26- 1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 1 SECTION 0155 26 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative procedures for: 7 a. Street Use Permit 8 b. Modification of approved traffic control 9 c. Removal of Street Signs 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 —General Requirements 15 3. Section 34 71 13—Traffic Control 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES 21 A. Reference Standards 22 1. Reference standards cited in this specification refer to the current reference standard 23 published at the time of the latest revision date logged at the end of this 24 specification, unless a date is specifically cited. 25 2. Texas Manual on Uniform Traffic Control Devices(TMUTCD). 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Traffic Control 28 1. General 29 a. When traffic control plans are included in the Drawings,provide Traffic 30 Control in accordance with Drawings and Section 34 71 13. 31 b. When traffic control plans are not included in the Drawings,prepare traffic 32 control plans in accordance with Section 34 71 13 and submit to City for 33 review. 34 1) Allow minimum 10 working days for review of proposed Traffic Control. 35 B. Street Use Permit 36 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 37 a. To obtain Street Use Permit, submit Traffic Control Plans to City 38 Transportation and Public Works Department. CITY OF FORT WORTH WATER&SANITARY SEWER REPLACF,MENT CONTRACT 2015 WSM-C Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 015526-2 STREET USE PERMrf'AND MODIFiCATIONST➢TRAFFIC CO1W"M01, Page 2 of 3 1 1) Allow a ininimurn of 5 working days for perinit review. 2 2) Contractor's responsibility to coordinate review of Traffic Control plans for 3 Street Use Permit,such that construction is not delayed. 4 C. Modification to Approved'Traffic(.,onitrol 5 1. Prior to installation traffic control: 6 a. Submit revised traffic control plans to Clity Department'Transportation and 7 Public Works Department. 8 1) Revise Traffic C,ontrol plans in accordance with Section 34 71 13. 9 2) Allow nainim Lim 5 working days for review of revised Traffic Control 10 3) It is the Contractor's responsibility to coordinate review of Traffic Control I I plans for Street Use Permit,such that construction is not delayed. 12 D. lZeinoval of Street Sign 13 1. If it is determined that a street sign must be removed for construction,then contact 14 City Tratisportation and Public Works Department,Signs and Markings Division to 15 remove the sign. 16 E. Temporary Si rage 17 1. In the case of regulatory signs,replace pen�nanent sign with temporary sign meeting 18 requirements of the latest edition of the Texas Manual on Uniform.Traffic Control 19 Devices(MUTC13). 20 2. Install temporary sign before the removal of perTnaiaentr sign. 21 3. When construction is complete,to the extent that the permanent sign can be 22 reinstalled,contact the City'Transportation and Public Works Department,Signs 1 23 and Markings Division,to reinstall the perinanent sign., 24 F. 'Traffic Control Standards 25 1. Traffic Controf Standards can be found on the City's Buz7-saw website, 26 1.5 SUBMITTALS [NOT USED] 27 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NO TUSED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED) 30 1.9 QUALITY ASSURANCE [NOT USED] 31 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 32 1.11 FIELD [SITE] CONDITIONS [NOT USED] 33 1.12 WARRANTY [NOT USED] 34 PART 2- PRODUCTS [NOT USED] 35 PART 3- EXECUTION [NOT USED] 36 END OF SECTION MY OF FORT WORITI WA 7ER&3ANITAR Y SEWER Jil,')'[,ACF,AfF�Nl'(,'ON7RACT 2015 WSM-C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMIENTS C'iy PrqjeV No.02434 Revised July,1,201 1 015526-3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 1 Revision Log DATE NAME SUMMARY OF CHANGE 2 CITY OF FORT WORTH WATER&SANITARYSEWER REPLACEMENT CONTRACT 20/5 WSM--C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 015713- I STORM WATER POLLUTION PREVENTION Page 1 of 3 1 SECTION 0157 13 2 STORM WATER POLLUTION PREVENTION 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Procedures for Storm Water Pollution Prevention Plans 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0— Bidding Requirements,Contract Forms and Conditions of the 1 1 Contract 12 2. Division 1 —General Requirements 13 3. Section 31 25 00—Erosion and Sediment Control 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Construction Activities resulting in less than 1 acre of disturbance 17 a. Work associated with this Item is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 2. Construction Activities resulting in greater than 1 acre of disturbance 20 a. Measurement and Payment shall be in accordance with Section 31 25 00. 21 1.3 REFERENCES 22 A. Abbreviations and Acronyms 23 1. Notice of Intent: NOI 24 2. Notice of Termination: NOT 25 3. Storm Water Pollution Prevention Plan: SWPPP 26 4. Texas Commission on Environmental Quality: TCEQ 27 5. Notice of Change: NOC 28 A. Reference Standards 29 I. Reference standards cited in this Specification refer to the current reference 30 standard published at the time of the latest revision date logged at the end of this 31 Specification, unless a date is specifically cited. 32 2. Integrated Storm Management(iSWM)Technical Manual for Construction 33 Controls 34 1.4 ADMINISTRATIVE REQUIREMENTS 35 A. General 36 1. Contractor is responsible for resolution and payment of any fines issued associated 37 with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH WATER&SANLTARYSEWER REPLACEMENT CONTRACT 2015 WSM-C'Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 015713-2 STORM WATE-R POLLUTION PICT: ELATION Page 2 off:3 I B. Construction Activities resulting in: 2 1. Less than I acre of disturbance 3 a. Provide erosion and sediment control in accordance with Section 3125 00 and 4 Drawings. 5 2. 1 to less than 5 acres of disturbance 6 a. Texas Pollutant Discharge Elimination System ('113DES)General Construction 7 Permit is required 8 b. Complete SWPPP in accordance with T(',',EQ requirements 9 1) TCEQ Small Construction Site Notice Required under general.permit 10 T 15000 11 a) Sign and post at job site 12 b) Prior to Preconstruction Meeting, send I copy to City Depailment of 13 "Franspoilation and Public Works,Environmental Division,(817)392- 14 6088. 15 2) Provide erosion and sediment control in accordance with: 16 a) Section 3125 00 17 b) The Drawings Is c) T 15000 General Permit 19 d) SWPPP 20 e) TCEQ requirements 21 3. 5 acres or more of Disturbance 22 a. Texas Pollutant Discharge Elimination System ('T'PDES)General Constructiol.). 23 Permit is required 24 b. Complete SWPPP in accordance with TCEQ requirements 25 1) Prepare aTCEQ NOI form and submit to TCEQ along with required fee 26 a) Sign and post at job site 27 b) Send copy to City Department of Transportation and Public Works, 28 Environmental Division,(817)392-60880 29 2) TCEQ Notice of Change required if making changes or updates to NOI 30 3) Provide erosion and sediment control in accordance with: 31 a) Section 3125 00 32 b) The Drawings 33 c) T 15000 General Permit 34 d) SWPPP 35 e) TCEQ requirements 36 4) Once the project has been completed and all the closeout requirements of 37 TCEQ have been met a TCEQ Notice of Termination can be submitted. 38 a) Send copy to City Department of Transportation and Public Works, 39 Environmental Division,(817)392-6088. 40 1.5 SUBMITTALS 41 A. SWPPP 42 1. Submit in accordance with Section 0133 00,except as stated herein. 43 a. Prior to the Preconstruction Meeting,submit a draft copy of SWP'PP to the City 44 as follows: 45 1) 1 copy to the City Project Manager 46 a) City Project Manager will forward to the City Department of 47 Transportation and Public Works,Environmental Division for review MY OF FORT WORTH WA TER&SANITAR Y SE WER REPL4 CEIIENTCONTRA CT 2015 11 S-C Part I STANDARD CONSTRUCTION SPECIFICATION IX)CUMENI'S City Project No.,02434 Revised July 1,2011 01 57 13-3 STORM WATER POLLUTION PREVENTION Page 3 of 3 1 B. Modified SWPPP 2 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 3 in accordance with Section 01 33 00. 4 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE [NOT USED] 8 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 9 1.11 FIELD [SITE] CONDITIONS [NOT USED] 10 1.12 WARRANTY [NOT USED] I 1 PART 2 - PRODUCTS [NOT USED] 12 PART 3 - EXECUTION [NOT USED] 13 END OF SECTION 14 Revision Log DATE NAME SUMMARY OF CHANGE 15 CITY OF FORT WORTH IVA TER&SANITARI'SEWER REPLACEMENT CONTRACT 2015 N"SM--C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City,Project No.02434 Revised July 1,2011 015813- 1 TEMPORARY PROJECT SIGNAGE Page I of 3 1 SECTION 0158 13 2 TEMPORARY PROJECT SIGNAGE 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Temporary Project Signage Requirements 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2 - PRODUCTS 27 2.1 OWNER-FURNISHED (011] OWNER-SUPPLIEDPRODUCTS [NOT USED] 28 2.2 EQUIPMENT,PRODUCT TYPES,AND MATERIALS 29 A. Design Criteria 30 1. Provide free standing Project Designation Sign in accordance with City's Standard 31 Details for project signs. CITY OF FORT WORTH WATER&SANITARY SEWER REPLA CEMENT CONTI?ACT 2015 WSM-C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 015813-2 TEMPORARY PROJECT SIGNAGE Page 2 of 3 1 B. Materials 2 1. Sign 3 a. Constructed of%-inch fir plywood,grade A-C(exterior)or better 4 2.3 ACCESSORIES [NOT USED] 5 2.4 SOURCE QUALITY CONTROL [NOT USED] 6 PART 3- EXECUTION 7 3.1 INSTALLERS [NOT USED] 8 3.2 EXAMINATION [NOT USED] 9 3.3 PREPARATION [NOT USED] 10 3.4 INSTALLATION 11 A. General 12 1. Provide vertical installation at extents of project. 13 2. Relocate sign as needed,upon request.of the City. 14 B. Mounting options 15 a. Skids 16 b. Posts 17 c. Barricade 18 3.5 REPAIR/RESTORATION [NOT USED] 19 3.6 RE-INSTALLATION [NOT USED] 20 3.7 FIELD loRl SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING [NOT USED] 24 3.11 CLOSEOUT ACTIVITIES [NOT USED] 25 3.12 PROTECTION [NOT USED] 26 3.13 MAINTENANCE 27 A. General 28 1. Maintenance will include painting and repairs as needed or directed by the City. 29 3.14 ATTACHMENTS [NOT USED] 30 END OF SECTION 31 MY OF FORT WORTH WA TFR&SANITAR YSEWER 1?1.!,'ill-4(,"P,'Ml,,'IV7'(.,'(,,)NTI?AC7'2015 WS C'Part I ST NNDARD CONSTRIA 110N SPECIFICATION DOCUMENTS, City Prqject No.,02434 Revised July 1,2011 01 58 13-3 TEMPORARY PROJECT SIGNAGE Page 3 of 3 1 Revision Log DATE NAME SUMMARY OF CHANGE 2 CITY OF FORT WORTH WATER&.SAN/TARYSEWER RF.PLACEWNTCONTRACT 1015 WSM-C Part/ STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01434 Revised July 1,2011 01 60 00- 1 PRODUCT REQUIREMENT'S Page 1 oft 1 SECTION 0160 00 2 PRODUCT REQUIREMENTS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. References for Product Requirements and City Standard Products List 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 13 1.3 REFERENCES [NOT USED] 14 1.4 ADMINISTRATIVE REQUIREMENTS 15 A. A list of City approved products for use is located on Buzzsaw as follows: 16 1. Resources\02-Construction Documents\Standard Products List 17 B. Only products specifically included on City's Standard Product List in these Contract 18 Documents shall be allowed for use on the Project. 19 1. Any subsequently approved products will only be allowed for use upon specific 20 approval by the City. 21 C. Any specific product requirements in the Contract Documents supersede similar 22 products included on the City's Standard Product List. 23 1. The City reserves the right to not allow products to be used for certain projects even 24 though the product is listed on the City's Standard Product List. 25 D. Although a specific product is included on City's Standard Product List, not all 26 products from that manufacturer are approved for use,including but not limited to,that 27 manufacturer's standard product. 28 E. See Section 0l 33 00 for submittal requirements of Product Data included on City's 29 Standard Product List. 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] 35 CITY OF FORT WORTII WATER&SANITARY SEWER RF.PLA('EMF,NT CONTRACT 2015 WSM C Par!1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised December 20,2012 0116000-2 PRODUCT REQUIREMENTS Page 2 of 2 1 1.10 DELIVERY,STORAGE,AND HANDLING [NOT IJSEDj 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2® PRODUCTS [NOT USED] 5 PART 3® EXECUTION [NOT USED] 6 END OF SECTION 7 Revision Log DATE NAME SUMMARY OF C1 TANG E- 10/12/12 D.Johnson Modified Location of City's Standard Product List 8 MY OF FORT WORTH WATER&SANITAR Y SE WER RFPLA CEMENT'(70N7 RA CT2015 WSM-C Part I STANDARD CONSTRUCTION SPEKIFICATION DOCUMENTS City Project No.02434 Revised December 20,2012 01 66 00- 1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page I of 4 1 SECTION 0166 00 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Scheduling of product delivery 7 2. Packaging of products for delivery 8 3. Protection of products against damage from: 9 a. Handling 10 b. Exposure to elements or harsh environments 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 15 2. Division 1 —General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 22 1.5 SUBMITTALS [NOT USED] 23 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 24 1.7 CLOSEOUT SUBMITTALS [NOT USED] 25 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 26 1.9 QUALITY ASSURANCE [NOT USED] 27 1.10 DELIVERY AND HANDLING 28 A. Delivery Requirements 29 1. Schedule delivery of products or equipment as required to allow timely installation 30 and to avoid prolonged storage. 31 2. Provide appropriate personnel and equipment to receive deliveries. 32 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 33 for personnel or equipment to receive the delivery. CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WS,V--C Port 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 016600-2 PRODUCTSTORAGE AND HANDLIN(I REQUIREMENTS Page 2 of 4 1 4. Deliver products or equipment in manufacturees original unbroken cartons or other 2 containers designed and constructed to protect the contents from physical or 3 environmental damage, 4 54 Clearly and fully mark and identify as to manufacturer,item and installation 5 location. 6 6. Provide manufacturer's instructions for storage and handling. 7 B. Handling Requirements 8 1. Handle products or equipment in accordance with these Contract Documents and 9 manufacturer's recommendations and instructions. 10 C. Storage Requirements 11 1. Store materials in accordance with manufacturer's reconurrendations and 12 requirements of these Specifications. 13 20 Make necessary provisions for safe storage of materials and equipment. 14 as Place loose soil materials and materials to be incorporated into Work to prevent 15 damage to any part of Work or existing facilities and to maintain free access at 16 all times to all parts of Work and to utility service company installations in 17 vicinity of Work. 18 3. Keep materials and equipment neatly and compactly stored in locations that will 19 cause minimum inconvenience to other contractors,public travel,adjoining owners, 20 tenants and occupants. 21 a. Arrange storage to provide easy access for inspection. 22 4. Restrict storage to areas available on construction site for storage of material and 23 equipment as shown on Drawings,or approved by City's Project Representative. 24 50 Provide off-site storage and protection when on-site storage is not adequate. 25 a. Provide addresses of and access to off-site storage locations for inspection by 26 City's Protect Representative, 27 6. Do not use lawns,grass plots or other private property for storage purposes without 28 written permission of owner or other person in possession or control of premises. 29 7. Store in manufacturers' unopened containers. 30 8® Neatly,safely and compactly stack materials delivered and stored along line of 31 Work to avoid inconvenience and damage to property owners and general public 32 and maintain at least 3 feet from fire hydrant. 33 9. Keep public and private driveways and street crossings open. 34 10. Repair or replace damaged lawns,sidewalks,streets or other improvements to 35 satisfaction of City's Project Representative,, 36 a. Total length which materials may be distributed along route of construction at 37 one time is 1,000 linear feet,unless otherwise approved in writing by City's 38 Project representative. CITY OF FORTWORTTI W,47ER&SMHARYSEWER RI�'PL,4(,;'k"MI.,'Nl'(-'C)N7'R,4,CT2015 WSM-C Pare I STANDARD CONSTRUMON SPECIFICATION DO(.,'UMENTS City Projecd No.02434 Revised July 1,2011 016600-3 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3- EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 ERECTION [NOT USED] 9 3.5 REPAIR/RESTORATION [NOT USED] 10 3.6 RE-INSTALLATION [NOT USED] 11 3.7 FIELD [OR] SITE QUALITY CONTROL 12 A. Tests and Inspections 13 1. Inspect all products or equipment delivered to the site prior to unloading. 14 B. Non-Conforming Work 15 1. Reject all products or equipment that are damaged, used or in any other way 16 unsatisfactory for use on the project. 17 3.8 SYSTEM STARTUP [NOT USED] 18 3.9 ADJUSTING [NOT USED] 19 3.10 CLEANING [NOT USED] 20 3.11 CLOSEOUT ACTIVITIES [NOT USED] 21 3.12 PROTECTION 22 A. Protect all products or equipment in accordance with manufacturer's written directions. 23 B. Store products or equipment in location to avoid physical damage to items while in 24 storage. 25 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 26 the manufacturer. 27 3.13 MAINTENANCE [NOT USED] 28 3.14 ATTACHMENTS [NOT USED] 29 END OF SECTION 30 CITY OF FORT WORTH WATER&SANITARY SEWER RF,PL 4CEMENT CONTRACT 2015 WS I-C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 016600-4 PRODUcr STOIUGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE CrFY OF FORTWORIII WA TER&&4N17ARYSL,'WFR RfPi.4C�l,tdi!�,,N7'CON77?,4C'1'2015 WSM-C Part j STANDARD CONSITUAMON SPEC IFI(,ATION DOCUMENTS City Project No.02434 Revised July 1,2011 01 70 00- 1 M0131LIZATION AND REMOBILIZATION Page i of 4 1 SECTION 0170 00 2 MOBILIZATION AND REMOBILIZATION 3 PA 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Mobilization and Demobilization 7 a. Mobilization 8 1) Transportation of Contractor's personnel, equipment, and operating supplies 9 to the Site 10 2) Establishment of necessary general facilities for the Contractor's operation I 1 at the Site 12 3) Premiums paid for performance and payment bonds 13 4) Transportation of Contractor's personnel, equipment, and operating supplies 14 to another location within the designated Site 15 5) Relocation of necessary general facilities for the Contractor's operation 16 from 1 location to another location on the Site. 17 b. Demobilization 18 1) Transportation of Contractor's personnel, equipment, and operating supplies 19 away from the Site including disassembly 20 2) Site Clean-up 21 3) Removal of all buildings and/or other facilities assembled at the Site for this 22 Contract 23 c. Mobilization and Demobilization do not include activities for specific items of 24 work that are for which payment is provided elsewhere in the contract. 25 2. Remobilization 26 a. Remobilization for Suspension of Work specifically required in the Contract 27 Documents or as required by City includes: 28 1) Demobilization 29 a) Transportation of Contractor's personnel,equipment, and operating 30 supplies from the Site including disassembly or temporarily securing 31 equipment, supplies,and other facilities as designated by the Contract 32 Documents necessary to suspend the Work. 33 b) Site Clean-up as designated in the Contract Documents 34 2) Remobilization 35 a) Transportation of Contractor's personnel,equipment, and operating 36 supplies to the Site necessary to resume the Work. 37 b) Establishment of necessary general facilities for the Contractor's 38 operation at the Site necessary to resume the Work. 39 3) No Payments will be made for: 40 a) Mobilization and Demobilization from one location to another on the 41 Site in the normal progress of performing the Work. 42 b) Stand-by or idle time 43 c) Lost profits 44 3. Mobilizations and Demobilization for Miscellaneous Projects 45 a. Mobilization and Demobilization CITY OF FORT woRTH IVA TER d SANITARY SEWER REPLACEMENT CONTRACT 2015 W,SM-C Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised December 20,2012 0n 7000..2 MOBILIZATION AND REMOBILIZATION Page 2 of 4 1 1) Mobilization shall consist of the activities and cost on a Work.Order basis 2 necessary for: 3 a) Transportation of Contractor's personnel,equipment,and operating 4 supplies to the Site for the issued Work Order. 5 b) Establishment of necessary general facilities for the Contractor's 6 openition at the Site for the issued Work Order 7 2) Demobilization shall consist of the activities and cost necessary for: 8 a) Transportation of Contractor's personnel,equipment,and operating 9 supplies from the Site including disassembly for each issued Work 10 Order I I b) Site Clean-tip for each issued Work Order 12 c) Removal of all buildings or other facilities assembled at the Site for 13 each Work Oder 14 b. Mobilization and Demobilization do not include activities for specific items of 15 work for which payinentr is provided elsewhere in the contract. 16 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects 17 a. A Mobilization for Miscellaneous Projects when directed by the City and the 18 mobilimion occurs within 24 hours of the issuance of the Work Order. 19 B. Deviations from this City of Fort Worth Standard Specification 20 1. None. 21 C. Related Specification Sections include,but are not necessarily limited to: 22 1. Division 0 Bidding Requirements,Contract Forms and Conditions of the Contract 23 2. Division I General Requirements 24 1.2 PRICE AND PAYMENT PROCEDURES 25 A. Measurement and Payment 26 1. Mobilization and DernobilLuition 27 a. Measure 28 1) This Item is considered subsidiary to the various Items bid. 29 b. Payment 30 1) The work perforrned and materials furnished in accordance with this Item 31 are subsidiary to the various Items bid and no other compensation will be 32 allowed. 33 2. Remobili72tion for suspension of Work as specifically required in the Contract 34 I)ocurnents 35 a. Measurement 36 1) Measurement for this Item shall be per each rernobilization performed. 37 b. 1:1aynient 38 1) The work peribrined and materials furnished in accordance with this Item 39 and measured as provided under"Measurement"will be paid for at the unit 40 price per each"Specified Remobilization"in accordance with Contract 41 Documents. 42 c. The price shall include: 43 1) Demobilization as described in Section 1.l. .2.a.1) 44 2) Remobilization as described in Section I.I.A.2.a.2) 45 d. No payments will be made for standby,idle time,or lost profits associated this 46 Item. MY OF FORTWORTH WA TER&SANITA R Y'SE"WER RETIA CEMEN 7'(70N TRA(_,72015 WSM�C Part I STANDARD CONSTRUCTION SPECIFICATION DO(INENTS, Civ Projea No.02434 Revised December 20,2092 017000-3 MOBILIZATION AND REMOBILIZATION Page 3 of 4 1 3. Remobilization for suspension of Work as required by City 2 a. Measurement and Payment 3 1) This shall be submitted as a Contract Claim in accordance with Article 10 4 of Section 00 72 00. 5 2) No payments will be made for standby, idle time, or lost profits associated 6 with this Item. 7 4. Mobilizations and Demobilizations for Miscellaneous Projects 8 a. Measurement 9 1) Measurement for this Item shall be for each Mobilization and 10 Demobilization required by the Contract Documents 11 b. Payment 12 1) The Work performed and materials furnished in accordance with this Item 13 and measured as provided under"Measurement"will be paid for at the unit 14 price per each"Work Order Mobilization"in accordance with Contract 15 Documents. Demobilization shall be considered subsidiary to mobilization 16 and shall not be paid for separately. 17 c. The price shall include: 18 1) Mobilization as described in Section 1.l.A.3.a.1) 19 2) Demobilization as described in Section I.1.A.3.a.2) 20 d. No payments will be made for standby, idle time, or lost profits associated this 21 Item. 22 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects 23 a. Measurement 24 1) Measurement for this Item shall be for each Mobilization and 25 Demobilization required by the Contract Documents 26 b. Payment 27 1) The Work performed and materials furnished in accordance with this Item 28 and measured as provided under"Measurement"will be paid for at the unit 29 price per each"Work Order Emergency Mobilization"in accordance with 30 Contract Documents. Demobilization shall be considered subsidiary to 31 mobilization and shall not be paid for separately. 32 c. The price shall include 33 1) Mobilization as described in Section I.1.A.4.a) 34 2) Demobilization as described in Section 1.1.A.3.a.2) 35 d. No payments will be made for standby, idle time, or lost profits associated this 36 Item. 37 1.3 REFERENCES [NOT USED] 38 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 39 1.5 SUBMITTALS [NOT USED] 40 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 41 1.7 CLOSEOUT SUBMITTALS [NOT USED] 42 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 43 1.9 QUALITY ASSURANCE [NOT USED] 44 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] CITY OF FORT WORTII WATER&SANITARY SEIVER REPLACEMENT CONTRACT 2015 WSM-C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised December 20,2012 0 1'70 00-4 MOBILIZATION AND REMOBILIZATION Page 4 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2® PRODUCTS [NOT USED] 4 PART 3® EXECUTION [NOT USED] 5 END OF SECTION 6 Revision Log DATE NAME SUMMARY OF CHANGE .................. 7 CITY OF FORT WORTH WATI,'I?&,YANIT,4RYSEWERRl,'PIACE4W],:'NT(.,'ONI�l?AC7'2015 WSM C Part I STANDAIM CONSTRUCTION SPECIFICWTION T.XX,',(JME]IqT'S City Project No.02434 Revised December 20,2012 01 7123-1 CONSTRUCTION STAKING AND SURVEY Paget o1`4 1 SECTION 01 71 23 2 CONSTRUCTION STAKING AND SURVEY 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Requirements for construction staking and construction survey 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Construction Staking 15 a. Measurement 16 1) This Item is considered subsidiary to the various Items bid. 17 b. Payment 18 1) The work performed and the materials furnished in accordance with this 19 Item are subsidiary to the various Items bid and no other compensation will 20 be allowed. 21 2. Construction Survey 22 a. Measurement 23 1) This Item is considered subsidiary to the various Items bid. 24 b. Payment 25 1) The work performed and the materials furnished in accordance with this 26 Item are subsidiary to the various Items bid and no other compensation will 27 be allowed. 28 1.3 REFERENCES [NOT USED] 29 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 30 1.5 SUBMITTALS 31 A. Submittals, if required, shall be in accordance with Section 01 33 00. 32 B. All submittals shall be approved by the City prior to delivery. 33 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS 34 A. Certificates 35 1. Provide certificate certifying that elevations and locations of improvements are in 36 conformance or non-conformance with requirements of the Contract Documents. 37 a. Certificate must be sealed by a registered professional land surveyor in the 38 State of Texas. CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 W,SM--C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised December 20,2012 01'7123...2 CONSTRI JCTION STAKING AND SURVEY Page 2 of 4 1 B. Field Quality Control Submittals 2 1. Documentation verifying,accuracy of field engineering work. 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE 6 A. Construction Staking 7 1. Construction staking will be performed by the Contractor. 8 2. Coordination 9 a. Contact City's Project Representative at least 2 weeks in advance for 10 scheduling of Construction Staking. I I b. It is the Contractor's responsibility to coordinate staking such that construction 12 activities are not delayed or negatively impacted.. 13 3. (Jeneral 14 a. Contractor is responsible for preserving and maintaining stakes filmisl)ed by the 15 Contractor., 16 b. If in the opinion of the City,a sufficient number of stakes or markings have 17 been lost,destroyed or disturbed,by Contractor's neglect,such that the 18 contracted or cannot take place,then the Contractor will be required to pay 19 for new staking, 20 B. Construction Survey 21 1. Construction Survey will be performed.by the Contractor. 22 2. Coordination 23 a. Contractor to verify that control data established in the designs ey remains 24 intact. 25 b. Coordinate with the City prior to field investigation to determine which 26 horizontal and vertical control data will be required for construction survey. 27 c. It is the Contractor's responsibility to coordinate Construction Survey,such that 28 construction activities are not delayed or negatively impacled. 29 d. Notify City if any control data needs to be restored or replaced due to damage 30 caused during construction operations. 31 3. General 32 a. Construction survey will be performed in order to maintain complete and 33 accurate logs of control and survey work as it progresses for Project Records. 34 b. The Contractor will need to ensure coordination is maintained with the City to 35 perform construction survey to obtain construction features, including but not 36 limited to the following: 37 1) All Utility Lines 38 a) Rim and flowline elevations and coordinates for each manhole or 39 junction structure 40 2) Water Lines 41 a) Top of pipe elevations and coordinates for waterlines at the following 42 locations: 43 (1) Every 250 linear feet 44 (2) Horizontal and vertical points of inflection,curvature,etc.(All 45 Fittings) MY OF FORT WORTH WATER&SANITAR Y SEVER REPLA CEMENTCOAFTRA CT2015 WSM-C Part I STANDARD CONSTRUCTION SPECIFICATION WCUMENTS City Noject Aro.02434 Revised Decembefr 20,2012 01 71 23-3 CONSTRUCTION STAKING AND SURVEY Page 3 of 4 1 (3) Cathodic protection test stations 2 (4) Sampling stations 3 (5) Meter boxes/vaults(All sizes) 4 (6) Fire lines 5 (7) Fire hydrants 6 (8) Gate valves 7 (9) Plugs, stubouts, dead-end lines 8 (10) Air Release valves(Manhole rim and vent pipe) 9 (11) Blow off valves (Manhole rim and valve lid) 10 (12) Pressure plane valves 11 (13) Cleaning wyes 12 (14) Casing pipe(each end) 13 b) Storm Sewer 14 (1) Top of pipe elevations and coordinates at the following locations: 15 (a) Every 250 linear feet 16 (b) Horizontal and vertical points of inflection, curvature, etc. 17 c) Sanitary Sewer 18 (1) Top of pipe elevations and coordinates for sanitary sewer lines at 19 the following locations: 20 (a) Every 250 linear feet 21 (b) Horizontal and vertical points of inflection, curvature,etc. 22 (c) Cleanouts 23 c. Construction survey will be performed in order to maintain complete and 24 accurate logs of control and survey work associated with meeting or exceeding 25 the line and grade required by these Specifications. 26 d. The Contractor will need to ensure coordination is maintained with the City to 27 perform construction survey and to verify control data, including but not 28 limited to the following: 29 1) Established benchmarks and control points provided for the Contractor's 30 use are accurate 31 2) Benchmarks were used to furnish and maintain all reference lines and 32 grades for tunneling 33 3) Lines and grades were used to establish the location of the pipe 34 4) Submit to the City copies of field notes used to establish all lines and 35 grades and allow the City to check guidance system setup prior to 36 beginning each tunneling drive. 37 5) Provide access for the City to verify the guidance system and the line and 38 grade of the carrier pipe on a daily basis. 39 6) The Contractor remains fully responsible for the accuracy of the work and 40 the correction of it,as required. 41 7) Monitor line and grade continuously during construction. 42 8) Record deviation with respect to design line and grade once at each pipe 43 joint and submit daily records to City. 44 9) If the installation does not meet the specified tolerances, immediately notify 45 the City and correct the installation in accordance with the Contract 46 Documents. 47 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USEDI 48 1.11 FIELD [SITE] CONDITIONS [NOT USEDI CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised December 20,2012 017123-4 CONSTRU(.",TION STAKING AND SURVEY Page,4 of 4 1 1.12 WARRANTY [NOT USED] 2 PART 2- PRODUCTS [NOT USED] 3 PART 3- EXECUTION 4 3.1 INSTALLERS [NOT USED] 5 3.2 EXAMINATION [NOT USED] 6 3.3 PREPARATION [NOT USED] 7 3.4 APPLICATION 8 3.5 REPAIR I RESTORATION [NOT USED] 9 3.6 RE-INSTALLATION INOTUSED1 10 3.7 FIELD[OR] SITE QUALITY CONTROL I I A. It is the Contractor's responsibility to maintain all stakes and control data placed in 12 accordance with this Specification. 13 B. Do not change or relocate stakes or control data without approval fTorn the City. 14 3.8 SYSTEM STARTUP [NOT USED] 15 3.9 ADJUSTING [NOT USED] 16 3.10 CLEANING [NOT USED] 17 3.11 CLOSEOUT ACTIVITIES [NOT USED] 18 3.12 PROTECTION [NOT USED] 19 3.13 MAINTENANCE [NOT USED] 20 3.14 ATTACHMENTS [NOT USED] 21 END OF SECTION 22 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D..ohnson ................ ...................— 23 CITY OF FORT WORM WA TER&SANHARY SEWER REPI-4 CEMENTCONTR210'2015 WSM-C Part I STANDARD CONS'nux,,rION SPECIFICATION DOCUMENTS (._,'fty Project No.02434 Revised December 20,2012 017423- I CLEANING Pagel o1`4 1 SECTION 01 74 23 2 CLEANING 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Intermediate and final cleaning for Work not including special cleaning of closed 7 systems specified elsewhere 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 —General Requirements 13 3. Section 32 92 13—Hydro-Mulching, Seeding and Sodding 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various Items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Scheduling 21 1. Schedule cleaning operations so that dust and other contaminants disturbed by 22 cleaning process will not fall on newly painted surfaces. 23 2. Schedule final cleaning upon completion of Work and immediately prior to final 24 inspection. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 STORAGE,AND HANDLING 31 A. Storage and Handling Requirements 32 1. Store cleaning products and cleaning wastes in containers specifically designed for 33 those materials. CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 017423 2 CLEANING Page 2 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS 4 2.1 OWNER-FURNISHED [oRl OWNER-SUPPLIEDPRODUCTS INOT USED] 5 2.2 MATERIALS 6 A. Cleaning Agents 7 1. Compatible with surface being cleaned 8 2. New and uncontaminated 9 3. For manufactured suil'aces 10 a. Material recommended by manufacturer 11 2.3 ACCESSORIES [NOT USED] 12 2.4 SOURCE QUALITY CONTROL [NOT USED] 13 PART 3- EXECUTION 14 3.1 INSTALLERS [NOT USED] 15 3.2 EXAMINATION [NOT USED] 16 3.3 PREPARATION [NOT USED] 17 3.4 APPLICATION [NOT USED] 18 3.5 REPAIR I RESTORATION [NOT USED] 19 3.6 RE-INSTALLATION [NOT USED] 20 3.7 FIELD [OR] SITE QUALITY CONTROL[NOT USED] 21 3.8 SYSTEMS A:RTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING 24 A. General 25 1. Prevent accumulation of wastes that create hazardous conditions., 26 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 27 governing authorities. 28 3. Do not dispose of volatile wastes such as mineral spirits,oil or paint thinner in 29 storm or sanitary drains or sewers. 30 4. Dispose of degradable debris at an approved solid waste disposal site. 31 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 32 alternate manner approved by City and regulatory agencies. C"OF FORT WORTH WA TER&SA NITA R Y SEWER RFPLA(,'EUEArT CON TRA CT2015 KSM-C Part I STANDARD CONSTRUMION SPECIFICATION IX)CUMENTS City Projea No.024.34 Revised Jidy 1,2011 01 7423-3 CLEANING Page 3 of 4 1 6. Handle materials in a controlled manner with as few handlings as possible. 2 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 3 this project- 4 8. Remove all signs of temporary construction and activities incidental to construction 5 of required permanent Work. 6 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to 7 have the cleaning completed at the expense of the Contractor. 8 10. Do not burn on-site. 9 B. Intermediate Cleaning during Construction 10 1. Keep Work areas clean so as not to hinder health, safety or convenience of I 1 personnel in existing facility operations. 12 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 13 3. Confine construction debris daily in strategically located container(s): 14 a. Cover to prevent blowing by wind 15 b. Store debris away from construction or operational activities 16 c. Haul from site at a minimum of once per week 17 4. Vacuum clean interior areas when ready to receive finish painting. 18 a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 19 5. Prior to storm events,thoroughly clean site of all loose or unsecured items, which 20 may become airborne or transported by flowing water during the storm. 21 C. Interior Final Cleaning 22 1. Remove grease, mastic,adhesives,dust, dirt,stains, fingerprints, labels and other 23 foreign materials from sight-exposed surfaces. 24 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 25 3. Wash and shine glazing and mirrors. 26 4. Polish glossy surfaces to a clear shine. 27 5. Ventilating systems 28 a. Clean permanent filters and replace disposable filters if units were operated 29 during construction. 30 b. Clean ducts,blowers and coils if units were operated without filters during 31 construction. 32 6. Replace all burned out lamps. 33 7. Broom clean process area floors. 34 8. Mop office and control room floors. 35 D. Exterior(Site or Right of Way)Final Cleaning 36 1. Remove trash and debris containers from site. 37 a. Re-seed areas disturbed by location of trash and debris containers in accordance 38 with Section 32 92 13. 39 2. Sweep roadway to remove all rocks,pieces of asphalt,concrete or any other object 40 that may hinder or disrupt the flow of traffic along the roadway. 41 3. Clean any interior areas including, but not limited to, vaults,manholes, structures, 42 junction boxes and inlets. CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 C017423-4 LEANING Page 4 off f 4 1 4.. If no longer required for maintenance of erosion fticilifies,and upon approval by 2 City,remove erosion control from site. 3 5.. Clean signs, lights,si ials,etc. 4 3.11 CLOSEOUT ACTIVITIES [NOT USED) 5 3.12 PROTECTION [NOT USED] 6 3.13 MAINTENANCE [NOT USED] 7 3.14 ATTACHMENTS [NOT USED) 8 END OF SECTION 9 Revision Log DATE NAME SUMMARY OF Cl-IANGE 10 CrTY OF FOWT WOWrH WA 7ER&SA NITAR YSE WER REPLA CEMENT CONTRAC72015 WSM-C Pard I STANDARD CONSTRUCTION SPIVIFICS1110IN DOCUMENTS Cily Project No,,02434 Revised JWy 1,201 1 01 77 19- 1 CLOSEOUT REQUIREMENTS Page 1 of 3 1 SECTION 0177 19 2 CLOSEOUT REQUIREMENTS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedure for closing out a contract 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 1.8 A. Guarantees, Bonds and Affidavits 19 1. No application for final payment will be accepted until all guarantees, bonds, 20 certificates, licenses and affidavits required for Work or equipment as specified are 21 satisfactorily filed with the City. 22 B. Release of Liens or Claims 23 1. No application for final payment will be accepted until satisfactory evidence of 24 release of liens has been submitted to the City. 25 1.5 SUBMITTALS 26 A. Submit all required documentation to City's Project Representative. CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 wsM-C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 017719-2 CLOSEOU'r RE"QUIREMENIS Page 2 of 3 1 1.6 INFORMATIONAL SUBMITTALS INOTUSED1 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3- EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 CLOSEOUT PROCEDURE 9 A. Prior to requesting Final Inspection,submit: 10 L 13-roject Record Documents in accordance with Section 01 78 39 11 2 Operation and Maintenance Data,if required,in accordance with Section 01 78 23 12 B. Prior to reqijesting Final Inspection,perforTn final cleaning in accordance with Section 13 01 7423. 14 (11. Final Inspection 15 1. After final cleaning,provide notice to the City Project Representative that the Work 16 is completed. 17 a. The City will make an initial Final Inspection with the Contractor present. 18 b. Upon completion of this inspection,the City will notify the Contractor, in 19 writing within 10 business days,of any particulars, in which this inspection 20 reveals that the Work is defective or incoinplete, 21 2. Upon receiving written notice from the City,irninediately undertake the Work 22 required to remedy deficiencies and complete the Work to the satisfaction of the 23 city. 24 3. Upon completion of Work associated with the items listed in the City's written 25 notice,inform the City,that the required Work has been completed. Upon receipt 26 of this notice,the City,in the presence of the Contractor,will make a subsequent 27 Final Inspection of the pr(�ect, 28 4. Provide all special accessories required to place each item of equipirient in full 29 operation. These special accessory items include,but are not Iiinitred to: 30 a. Specified spare parts 31 b. Adequate oil and grease as required for the first lubrication of the equipment 32 c. Initial fill up of all chernical tanks and fuel tanks 33 d. Light bulbs 34 e. Fuses 35 f. Vault keys 36 g. 11andwbeels 37 h. Other expendable items as required for initial start-up and operation of all 38 equipment 39 D. Notice of Project Completion MY OF FORTWOR11-1 WA TER&SANITA RYSEWER REPIA CEM),,N7'(X)NTRACT 2015 WSM-C flart I STANDARD CONSTRUCTION SPFCIFICA,r)ON DOCUMENTS.' CRY Noject No.02434 Revised July 1,2011 01 77 19-3 CLOSEOUT REQUIREMENTS Page 3 of 3 1 1. Once the City Project Representative finds the Work subsequent to Final Inspection 2 to be satisfactory, the City will issue a Notice of Project Completion(Green Sheet). 3 E. Supporting Documentation 4 1. Coordinate with the City Project Representative to complete the following 5 additional forms: 6 a. Final Payment Request 7 b. Statement of Contract Time 8 c. Affidavit of Payment and Release of Liens 9 d. Consent of Surety to Final Payment 10 e. Pipe Report(if required) I 1 f. Contractor's Evaluation of City 12 g. Performance Evaluation of Contractor 13 F. Letter of Final Acceptance 14 1. Upon review and acceptance of Notice of Project Completion and Supporting IS Documentation, in accordance with General Conditions, City will issue Letter of 16 Final Acceptance and release the Final Payment Request for payment. 17 3.5 REPAIR/RESTORATION [NOT USED] 18 3.6 E-INSTALLATION [NOT USED] 19 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 20 3.8 SYSTEM STARTUP [NOT USED] 21 3.9 ADJUSTING [NOT USED] 22 3.10 CLEANING [NOT USED] 23 3.11 CLOSEOUT ACTIVITIES [NOT USED] 24 3.12 PROTECTION [NOT USED] 25 3.13 MAINTENANCE [NOT USED] 26 3.14 ATTACHMENTS [NOT USED] 27 END OF SECTION 28 Revision Log DATE NAME SUMMARY OF CHANGE 29 CITY OF FORT WORTH RATER&SAN ITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 o/ 78 23 / OPERATION AND MAINTENANCE DATA Page / as l SECTION 087023 2 OPERATION AND MAINTENANCE DATA 3 PAR178 - GENERAL 4 8'8 SUMMARY 5 A. Section Includes: 6 |. Product data and related information appropriate for City's maintenance and 7 operation o[products furnished under Contract X 2. Such products may include, but are not limited to: Y u. Traffic Controllers |O b. Irrigation Controllers(to he operated 6y the City) |l c. Butterfly Valves \Z B. Deviations 6om this City o[Fort Worth Standard Specification 13 \. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 l. Division O—Bidding Requirements, Contract Forms and Conditions o[the Contract 16 2. Division l —General Requirements 17 8.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 |. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will hc allowed for this Item. 21 8,3 REFERENCES [NOT USED] 22 8,4 ADMINISTRATIVE REQUIREMENTS 23 A. Schedule 24 |. Submit manuals in final fonntothe City within ]O calendar days ofproduct 25 shipment to the project mitc. 26 8.5 SUBMITTALS 27 A. Submittals shall hein accordance with Section 0l 33 00. All submittals shu|\ hc 28 approved hv the City prior 0odelivery. 29 1.6 INFORMATIONAL SUBMITTALS 30 A. Submittal Form 31 l. Prepare data in form o[un instructional manual for use hy City personnel. 32 2. Format 33 a. Size: 8 V2 inches I inches 34 b. Paper 35 |) 4O pound minimum, white, for typed pages 36 2) Holes reinforced with plastic, cloth or metal 37 c. Text: Manufacturer's printed data, or neatly typewritten CITY or FORT WORTH /rxrca&Smw/,ux,SEWER PEPIAczausvrcownmrrzo/5oISx^c Part/ STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.m*3f Revised December zu.zu1z 01"7823..2 OPERATION AND MAINTENANCE DA'rA Page 2 of 5 1 d. Drawings 2 1) Provide reinforced punched binder tab,bind in with text 3 2) Reduce larger drawings and fold to size of text pages. 4 e. Provide fly-leaf for each separate product,or each piece of operating 5 equipment, 6 1) Provide typed description of product,and rnaJ1or component parts of 7 equipment. 8 2) Provide indexed tabs. 9 f. Cover 10 1) Identify each volurne with typed or printed title "OPERATING AND I I MAIN"113,NANCE INSTRUCTIONS". 12 2) List: 13 a) Title of Project 14 b) Identity of separate structure as applicable 15 c) Identity of general suhJect matter covered in the manual t 6 3. Binders 17 a. Commercial quality 3-ring binders with durable and cleanable plastic covers 18 b. When multiple binders are used,correlate the data into related consistent 19 groupings. 20 4• If available,provide an electronic form of the O&M Manual. 21 B. Manual Content 22 1. Neatly typewritten table of contents for each volume, arranged in systematic order 23 a. Contractor,name of responsible principal,address and telephone number 24 b. A list of each product required to be included,indexed to content of the volume 25 c. List,with each product: 26 1) The name,address and telephone nurnber of the subcontractor or installer 27 2) A list of each product required to be included, indexed to content of the 28 volume 29 3) Identity area of responsibility of each 30 4) Local source of supply for parts and replacement 31 d. Identify each product by product name and other identifying symbols as set 32 forth in Contract:Documents. 33 2. Product Data 34 a. Include only those sheets which are pertinent to the specific product. 35 b. Annotate each sheet to: 36 1) Clearly identify specific product or part installed 37 2) Clearly identify data applicable to installation 38 3) Delete references to inapplicable information 39 3. Drawings 40 a. Supplement product data with drawings as necessary to clearly illustrate: 41 1) Relations of component parts of equipment and systems 42 2) Control and flow diagrams 43 b. Coordinate drawings with in1bri-nation in Project Record Documents to assure 44 correct illustration of completed installation. 45 c. Do not use Prqject Record Drawings as maintenance drawings. 46 4. Written text,as required to supplement product data for the particular installation: 47 a. Organize in consistent format under separate headings for different procedures. 48 b. Provide logical sequence of instructions of each procedure. CrrY OF FORT WORTH WA TER&"NITAR YSEWER REPLACAMENTCON7 RA CT 20)5 HISM-C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMEWS CRY Project No.024,34 Revised December 20,2012 01 7823-3 OPERATION AND MAINTENANCE DATA Page 3 of 5 1 5. Copy of each warranty, bond and service contract issued 2 a. Provide information sheet for City personnel giving: 3 1) Proper procedures in event of failure 4 2) Instances which might affect validity of warranties or bonds 5 C. Manual for Materials and Finishes 6 1. Submit 5 copies of complete manual in final form. 7 2. Content, for architectural products, applied materials and finishes: 8 a. Manufacturer's data,giving full information on products 9 1) Catalog number, size,composition 10 2) Color and texture designations 11 3) Information required for reordering special manufactured products 12 b. Instructions for care and maintenance 13 1) Manufacturer's recommendation for types of cleaning agents and methods 14 2) Cautions against cleaning agents and methods which are detrimental to 15 product 16 3) Recommended schedule for cleaning and maintenance 17 3. Content, for moisture protection and weather exposure products: 18 a. Manufacturer's data,giving full information on products 19 1) Applicable standards 20 2) Chemical composition 21 3) Details of installation 22 b. Instructions for inspection,maintenance and repair 23 D. Manual for Equipment and Systems 24 1. Submit 5 copies of complete manual in final form. 25 2. Content, for each unit of equipment and system, as appropriate: 26 a. Description of unit and component parts 27 1) Function, normal operating characteristics and limiting conditions 28 2) Performance curves, engineering data and tests 29 3) Complete nomenclature and commercial number of replaceable parts 30 b. Operating procedures 31 1) Start-up,break-in,routine and normal operating instructions 32 2) Regulation, control,stopping, shut-down and emergency instructions 33 3) Summer and winter operating instructions 34 4) Special operating instructions 35 c. Maintenance procedures 36 1) Routine operations 37 2) Guide to "trouble shooting" 38 3) Disassembly, repair and reassembly 39 4) Alignment, adjusting and checking 40 d. Servicing and lubrication schedule 41 1) List of lubricants required 42 e. Manufacturer's printed operating and maintenance instructions 43 f. Description of sequence of operation by control manufacturer 44 1) Predicted life of parts subject to wear 45 2) Items recommended to be stocked as spare parts 46 g. As installed control diagrams by controls manufacturer 47 h. Each contractor's coordination drawings 48 1) As installed color coded piping diagrams CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised December 20,2012 017823-4 OPHOTION AND MAINIENAN(','E DATA Page 4 of 5 I i. Charts of valve tag numbers,with location and function of each valve 2 j. List of original manufacturer's spare parts,manufacturer's current prices, and 3 recommended quantities to be maintained in storage 4 k. her data as required under pertinent Sections of Specifications 5 3. Content,for each electric and electronic system, as appropriate: 6 a. Description of system and component parts 7 1) Function,normal operating characteristics,and limiting conditions 8 2) Performance curves,engineering data and tests 9 3) Complete nomenclature and commercial number of replaceable parts 10 b. Circuit directories of panelboards 11 1) Electrical service 12 2) Controls 13 3) Communications 14 c. As installed color coded wiring diagrams 15 d. Operating procedures 16 1) Routine and normal operating instructions 17 2) Sequences required 18 3) Special operating instructions 19 e. Maintenance procedures 20 1) Routine operations 21 2) Guide to"trouble shooting" 22 3) Disassembly,repair and reassembly 23 4) Aqjustment and checking 24 f. Manufficuirer's printed operating and maintenance instructions 25 g. List of original manufacturer's spare parts, manufacturer's current prices,and 26 recommended quantities to be maintained in storage 27 h. her data as required under pertinent.Sections of Specifications 28 4. Prepare and include additional data when the need for such data becomes apparent 29 during instruction of City's personnel. 30 1.7 CLOSEOUT SUBMITTALS [NOT USED] 31 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 32 1.9 QUALITY ASSURANCE 33 A. Provide operation and maintenance data by personnel with the following criteria: 34 1. Trained and experienced in maintenance and operation of described products 35 2. Skilled as technical writer to the extent required to communicate essential data 36 3. Skilled as draftsman competent to prepare required drawings CITY OF,FORT WORTH WA FEE&SA NITA R YSE WER REP ZA(WAIEW TCON TRA CT 2015 WSM-C Pan I STANDARD CONSTRUCTION SPECIFICATION r.."CUMENTS' City Projece No.02434 Revised December 20,2012 01 7823-5 OPERATION AND MAINTENANCE DATA Page 5 of 5 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2- PRODUCTS [NOT USED] 5 PART 3 - EXECUTION [NOT USED] 6 END OF SECTION 7 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D.Johnson 1.5.A.1 —title of section removed 8 CITY OF FORT WORTH WATER&SANITARYSEWER REPLACEMENT CONTRACT 2015 WSN1--C Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised December 20,2012 01 7839-1 PROJECT RECORD DOCUMENTS Page 1 of 4 1 SECTION 0178 39 2 PROJECT RECORD DOCUMENTS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Work associated with the documenting the project and recording changes to project 7 documents, including: 8 a. Record Drawings 9 b. Water Meter Service Reports 10 c. Sanitary Sewer Service Reports 11 d. Large Water Meter Reports 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include,but are not necessarily limited to: 15 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 —General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 23 1.5 SUBMITTALS 24 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 25 City's Project Representative. 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE 30 A. Accuracy of Records 31 1. Thoroughly coordinate changes within the Record Documents, making adequate 32 and proper entries on each page of Specifications and each sheet of Drawings and 33 other Documents where such entry is required to show the change properly. 34 2. Accuracy of records shall be such that future search for items shown in the Contract 35 Documents may rely reasonably on information obtained from the approved Project 36 Record Documents. CITY OF FORT WORTH WATER B SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 017839-2 PROJECTRE✓ORD DOCUMENTS Page,2&A 1 1 To facilitate accuracy of records,make entries within 24 hours after receipt of 2 information that the change has occurred. 3 4. Provide factual information regarding all aspects of the Work,both concealed and 4 visible,to enable future modification of the Work to proceed without lengthy and 5 expensive site measurement,investigation mid examination. 6 1.10 STORAGE AND HANDLING 7 A. Storage and Handling Requirements 8 1. Maintain the job set of lZecord Documents completely protected from deterioration 9 and from loss and damage until completion of the Work and transfer of all recorded 10 data to the final Project Record Documents. 11 2. In the event of loss of recorded data,use means necessary to again secure the data 12 to the City's approval. 13 as In such case,provide replacements to the standards originally required by the 14 Contract Documents. 15 1.11 FIELD [SITE] CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART 2- PRODUCTS 18 2.1 OWNER-FURNISHED[OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 19 2.2 RECORD DOCUMENTS 20 A. Job set 21 1. Promptly following receipt of the Notice to Proceed,secure from the City,at no 22 charge to the Contractor, I complete set of all Documents comprising the Contract, 23 B. Final Record Documents 24 1. At a time nearing the completion of the Work and prior to Final Inspection,provide 25 the City I complete set of all Final Record Drawings in the Contract. 26 2.3 ACCESSORIES [NOT USED] 27 2.4 SOURCE QUALITY CONTROL [NOT USED] 28 PART 3- EXECUTION 29 3.1 INSTALLERS [NOT USED] 30 3.2 EXAMINATION [NOT USED] 31 3.3 PREPARATION [NOT USED] 32 3.4 MAINTENANCE DOCUMENTS 33 A. Maintenance of Job Set 34 1. Immediately upon receipt of the job set,identify each of the Documents with the 35 title, "RECORD DOCUMENTS-JOB SET". MY OF FORTWOR111 WA TEN&SANITARYSEVER WSAf-C Part I srANDARD CONSTRUCTION SPEXAFICATION DOCUMENTS Cify, qjert No.02434 Rev�sed July 1,2011 01 78 39-3 PROJECT RECORD DOCUMENTS Page 3 of 4 1 2. Preservation 2 a. Considering the Contract completion time,the probable number of occasions 3 upon which the job set must be taken out for new entries and for examination, 4 and the conditions under which these activities will be performed, devise a 5 suitable method for protecting the job set. 6 b. Do not use the job set for any purpose except entry of new data and for review 7 by the City, until start of transfer of data to final Project Record Documents. 8 c. Maintain the job set at the site of work. 9 3. Coordination with Construction Survey 10 a. At a minimum, in accordance with the intervals set forth in Section 01 71 23, 11 clearly mark any deviations from Contract Documents associated with 12 installation of the infrastructure. 13 4. Making entries on Drawings 14 a. Record any deviations from Contract Documents. 15 b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the 16 change by graphic line and note as required. 17 c. Date all entries. 18 d. Call attention to the entry by a"cloud" drawn around the area or areas affected. 19 e. In the event of overlapping changes, use different colors for the overlapping 20 changes. 21 5. Conversion of schematic layouts 22 a. In some cases on the Drawings, arrangements of conduits,circuits, piping, 23 ducts,and similar items, are shown schematically and are not intended to 24 portray precise physical layout. 25 1) Final physical arrangement is determined by the Contractor,subject to the 26 City's approval. 27 2) However, design of future modifications of the facility may require 28 accurate information as to the final physical layout of items which are 29 shown only schematically on the Drawings. 30 b. Show on the job set of Record Drawings,by dimension accurate to within 1 31 inch,the centerline of each run of items. 32 1) Final physical arrangement is determined by the Contractor, subject to the 33 City's approval. 34 2) Show, by symbol or note,the vertical location of the Item ("under slab", "in 35 ceiling plenum", "exposed", and the like). 36 3) Make all identification sufficiently descriptive that it may be related 37 reliably to the Specifications. 38 c. The City may waive the requirements for conversion of schematic layouts 39 where,in the City's judgment, conversion serves no useful purpose. However, 40 do not rely upon waivers being issued except as specifically issued in writing 41 by the City. 42 B. Final Project Record Documents 43 1. Transfer of data to Drawings 44 a. Carefully transfer change data shown on the job set of Record Drawings to the 45 corresponding final documents, coordinating the changes as required. 46 b. Clearly indicate at each affected detail and other Drawing a full description of 47 changes made during construction,and the actual location of items. CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Ciry Project No.02434 Revised July 1,2011 017839 4 PROJECTRIE'CORD NKINEINTS Page 4 of 4 1 c. Call attention to each entry,by drawing a"cloud" around the area or areas 2 affected. 3 d. Make changes neatly, consistently and with the proper media to assure 4 longevity and clear reproduction. 5 2. Transfer of data to other Docui�-nents 6 a If the Documents,other than Drawings,have been kept clean during progress of 7 the Work,and if entries thereon have been orderly to the approval of the City, 8 the job set of those Docunients,other than Drawings,,will be accepted as final 9 Record Documents. 10 b. If any such DocunriellIr ,is not so approved by the City,secure a new copy of that I I Document from the City at the City's usual charge for reproduction and 12 handling,and carefully transfer the change data to the new copy to the approval 13 of the City. 14 3.5 REPAIR/RESTORATION [NO"r USED] 15 3.6 RE-INSTALIATION [NOT USED] 16 3.7 FIELD IoRl SITE QUALITY CONTROL [NOT USED] 17 3.8 SYSTEM STARTUP [NOT USED[ 18 3.9 ADJUSTING [NOT USED[ 19 3.10 CLEANING [NOT USED] 20 3.11 CLOSEOUT ACTIVITIES [NOT USED[ 21 3.12 PROTECTION [NOT USED] 22 3.13 MAINTENANCE [NOT USED] 23 3.14 ATTACHMENTS [NOT USED] 24 END OF SECTION 25 Revisioii Log DATE NAMF SUMMARY OF CHANGE . ................................. 26 MY OF FORT WORIN IVA TER&SANITARYSEWER REPLOEVENTCONTRAC 72015 Pan I STANDARD CONSTRUCTION SPECIFICWTION1 DMI)MIENTS Cit y Projea Na 024.34' Revised July 1,201 1 3201 18- 1 TEMPORARY ASPHALT PAVING REPAIR Page 1 of 4 I SECTION 32 01 18 2 TEMPORARY ASPHALT PAVING REPAIR 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Utility cuts (water, sanitary sewer, drainage, etc.)along streets programmed for 7 total reconstruction under a Capital Improvement Program or resurfacing under a 8 Street Maintenance Program. 9 2. Repairs of damage caused by Contractor 10 3. Any other temporary pavement repair needed during the course of construction. 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 -Bidding Requirements,Contract Forms, and Conditions of the Contract 15 2. Division 1 -General Requirements 16 3. Section 32 11 23 —Flexible Base Courses 17 4. Section 32 11 33 —Cement Treated Base Courses 18 5. Section 32 12 16 -Asphalt Paving 19 6. Section 33 05 10 - Utility Trench Excavation, Embedment and Backfill 20 1.2 PRICE AND PAYMENT PROCEDURES 21 A. Measurement and Payment 22 1. Measurement 23 a. Measurement for this Item shall be by the linear foot of Temporary Asphalt 24 Paving Repair. 25 2. Payment 26 a. The work performed and materials furnished in accordance with this Item and 27 measured as provided under"Measurement"will be paid for at the unit price 28 bid per linear foot of Temporary Asphalt Paving Repair. No additional 29 payment will be provided for repairs of damage to adjacent pavement caused by 30 the Contractor. 31 3. The price bid shall include: 32 a. Preparing final surfaces 33 b. Furnishing, loading, unloading, storing, hauling and handling all materials 34 including freight and royalty 35 c. Traffic control for all testing 36 d. Asphalt, aggregate, and additive 37 e. Materials and work needed for corrective action 38 f. Trial batches 39 g. Tack coat 40 h. Removal and/or sweeping excess material CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C,PART 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised December 20,2012 3201 18-2 I.T.MPORARY ASPHALT PAVING REPAIR Page 2 of 4 2 1.3 REFERENCES 3 A. Definitions 4 1. H.M.A.C. — of Mix Asphalt Concrete 5 1.4 ADMINISTRATIVE REQUIREMENTS 6 A. Permitting 7 1. Obtain Street Use Permit to make utility cuts in the street from the Transportation 8 and Public Works Departi-rent in conforniance with current ordinances. 9 2. The Transportation and Public Works Department will inspect the paving repair 10 after construction, 11 1.5 SUBMITTALS [NOT USED] 12 1.6 ACTION SUBMITTALS[INFORMATIONA.L SUBMITTALS 13 A. Asphalt Pavement Mix Design: submit for approval. Section 32 12 16. 14 1.7 CLOSEOUT SUBMITTALS [NOT USED] 15 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 16 1.9 QUALITY ASSURANCE [NOT USED] 17 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 18 1.11 FIELD CONDITIONS 19 A. Weather Conditions:Place mixture when the roadway surface temperature is 40 degrees 20 F or higher and rising unless otherwise approved. 21 1.12 WARRANTY [NOT USED] 22 PART 2- PRODUCTS 23 2.1 OWNER-FURNISHED [NOT USED] 24 2.2 MATERIALS 25 A. Ba,ck.fi 11: see Section 33 05 10. 26 B. Base Material 27 1. Cement Treated Base: Use new cement treated base as required in accordance with 28 Section 32 1133. 29 C. Asphalt Concrete: See Section 32 12 16. 30 1. H.M.A.C.paving: Type D. 31 2.3 ACCESSORIES [NOT USED] 32 2.4 SOURCE QUALITY CONTROL[NOT USED] CrFY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENTCON'DUCT 2015 WSM-C,PART I STANDARD CONSTRUCTION SPECIFICATION fX)CUMENTS City Project No,02434 Revised December 20,2012 3201 18-3 TEMPORARY ASPHALT PAVING REPAIR Page 3 of 4 1 PART 3- EXECUTION 2 3.1 INSTALLERS [NOT USED] 3 3.2 EXAMINATION [NOT USED] 4 3.3 PREPARATION [NOT USED] 5 3.4 INSTALLATION 6 A. Removal 7 1. Use an approved method that produces a neat edge. 8 2. Use care to prevent fracturing existing pavement structure adjacent to the repair 9 area. 10 B. Base 11 1. Install cement treated base material per detail. 12 2. See Section 32 11 33. 13 C. Apshalt Paving 14 1. H.M.A.C. placement: in accordance with Section 32 12 16. 15 2. Type D surface mix. 16 3.5 REPAIR/RESTORATION [NOT USED] 17 3.6 RE-INSTALLATION [NOT USED] 18 3.7 FIELD QUALITY CONTROL [NOT USED] 19 3.8 SYSTEM STARTUP [NOT USED] 20 3.9 ADJUSTING [NOT USED] 21 3.10 CLEANING [NOT USED] 22 3.11 CLOSEOUT ACTIVITIES [NOT USED] 23 3.12 PROTECTION [NOT USED] 24 3.13 MAINTENANCE [NOT USED] 25 3.14 ATTACHMENTS [NOT USED] 26 END OF SECTION 27 Revision Log DATE NAME SUMMARY OF Ca 1ANGE 12/20/2012 D.Johnson 1.2.A—Modified Items to be included in price bid CITY OF FORT WORTH WATER&SANITARY SEWER.REPLACEMENT CONTRACT 2015 WSM-C,PART I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised December 20,2012 3201 18-4 TEMPORARY ASPHALT PAVING REPAIR Page 4 of 4 1 CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WS -C,PARTI STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised December 20„2012 32 11 33- 1 CEMENT TREATED BASE COURSES Page I of 7 1 SECTION 32 1133 2 CEMENT TREATED BASE COURSES 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes 6 1. Treating subgrade, subbase and base courses by the pulverization, addition of 7 cement,mixing and compacting the mix material to the required density. 8 2. Item applies to the natural ground,embankment,existing pavement, base or 9 subbase courses placed and shall conform to the typical section, lines and grades 10 shown on the Drawings. 11 B. Deviations from City of Fort Worth Standards 12 1. None 13 C. Related Specification Sections include but are not necessarily limited to 14 1. Division 0- Bidding Requirements, Contract Forms, and Conditions of the Contract 15 2. Division 1 -General Requirements 16 3. Section 32 11 23 - Flexible Base Courses 17 4. Section 32 01 18—Temporary Asphalt Paving Repair 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Cement 21 a. Measurement 22 1) Measurement for this Item shall be by the ton(dry weight). 23 b. Payment 24 1) The work performed and materials furnished in accordance with this Item 25 are subsidiary to other bid items and not paid separately. 26 c. The price bid shall include: 27 1) Furnishing Cement material 28 2) All freight involved 29 3) All unloading, storing and handling 30 2. Cement Treatment 31 a. Measurement 32 1) Measurement for this Item shall be by the square yard of surface area. 33 2) The dimensions for determining the surface area are established by the 34 widths shown on the Drawings and the lengths measured at placement. 35 b. Payment 36 1) The work performed and materials furnished in accordance with this Item 37 are subsidiary to other bid items and not paid separately. 38 c. The price bid shall include: 39 1) Pulverizing or providing the soil material 40 2) Handling, hauling and spreading dry or slurry cement 41 3) Mixing the cement with the soil either in-place or in a mixing plant 42 4) Furnishing, hauling and mixing water with the soil-cement mixture CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C,PARTI STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised December 20,2012 32 It 33-2 CEMENTTREATM BASE COURSES Page 2 of7 1 5) Spreading and shaping the jinixhire;compacting the mixture, including all 2 rollb-ig required for compaction 3 6) SurfAce finishing 4 7) Water and sprink]insg 5 8) Curing 6 1.3 REFERENCES 7 A. Reference Standards 8 1. Reference standards cited in this sl-iecificalion refer to the current reference standard 9 published at the time of the latest revision date logged at the end of this 10 specification,unless a date is specifically cited. 11 2, ATM International(ASTM): 12 a. C150,Standard Specification for Portland Cement 13 b. D698, Standard Test Methods for 1,aboratory Compactioni Ch act:eristics of l4 Soil I.Jsing Standard Effort,(12 400 ft lbf/113 (600 kN-in/m3)) 15 3. Texas Department of Transportation(,rxDOT) 16 a. "rex-10 1 E,Preparing soil and flexible base materials for testing 17 b. Tex-140-E,Meastiringthickness of paving layers 18 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 19 1.5 ACTION SUBMITTALS [NOT USED] 20 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED1 21 1.7 CLOSEOUT SUBMITTALS [NOT USED] 22 1.8 MAINTENANCE MATERIAL SUBMITT1,AS [NOT USED] 23 1.9 QUALITY ASSURANCE [NOT USED] 24 1.10 DELIVERY,STORAGE,AND HANDLING 25 A. Truck Delivered Cement 26 1. Each truck ticket shall bear the weight of cement measured on cer'd fled scales. 27 2. Submit delivery tickets,certified by supplier,that include weight with each bulk 28 delivery of cement to the site.. 29 1.11 FIELD [SITE] CONDITIONS 30 A. Start cement application only when the air temperature is at least 35 degrees F and 31 rising or is at least 40 degrees F. 32 B. Measure temperature in the shade away from artificial heat. 33 C. Suspend application when the City determines that weather conditions are unsuitable. 34 1.12 WARRANTY [NOT USED] 35 PART 2- PRODUCTS 36 2.1 OWNER-FURNISIJED PRODUCTS [NOT USED] 37 2.2 MATERIALS 38 A. General CrrY OF FORT WOR'TH WATER&SAN TFARY SEWER llt8-"Pl.,,A.CEN4EIq']['CONI'PACT 2015 SM-C,PAR 11 STANDARD CONSMIX710N SPEMICATION DOC'UMENTS City Projmt No,02434 Revised December 20,2012 32 11 33-3 CEMENT TREATED BASE COURSES Page 3 of 7 1 1. Furnish uncontaminated materials of uniform quality that meet the requirements of 2 the Drawings and specifications. 3 2. Notify the City of the proposed material sources and of changes to material sources. 4 3. Obtain verification from the City that the specification requirements are met before 5 using the sources. 6 4. The City may sample and test project materials at any time before compaction. 7 B. Cement: ASTM C150 Type I, II or IP. 8 C. Flexible Base Courses: Furnish base material that meets the requirements of Section 32 9 11 23 for the type and grade shown on the Drawings, before the addition of cement. 10 D. Water: Furnish water free of industrial wastes and other objectionable material. 11 2.3 ACCESSORIES [NOT USED] 12 2.4 SOURCE QUALITY CONTROL [NOT USED] 13 PART 3- EXECUTION 14 3.1 INSTALLERS [NOT USED] 15 3.2 EXAMINATION [NOT USED] 16 3.3 PREPARATION 17 A. Shape existing material in accordance with applicable bid items to conform to typical 18 sections shown on the Drawings and as directed. 19 3.4 INSTALLATION 20 A. General 21 1. Produce a completed course of treated material containing: 22 a. Uniform Portland cement mixture, free from loose or segregated areas 23 b. Uniform density and moisture content 24 c. Well bound for full depth 25 d. With smooth surface and suitable for placing subsequent courses 26 2. Maximum layer depth of cement treatment in single layer: 8 inches. 27 3. For treated subgrade exceeding 8 inches deep,pulverize,apply cement, mix, 28 compact and finish in equal layers not exceeding 5 inches deep. 29 B. Equipment 30 1. Provide machinery,tools, and equipment necessary for proper execution of the 31 work. 32 2. Rollers 33 a. The Contractor may use any type of roller to meet the production rates and 34 quality requirements of the Contract unless otherwise shown on the Drawings 35 or directed. 36 b. When specific types of equipment are required, use equipment that meets the 37 specified requirements. 38 c. Alternate Equipment 39 1) Instead of the specified equipment,the Contractor may, as approved, 40 operate other compaction equipment that produces equivalent results. CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C,PART] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised December 20,2012 32 1133-4 CEMENTTREATED BASE COURSES Page 4 of 7 1 2) Discontinue the use of the alternate equipment and furnish the specified 2 equipment if the desired results are not achieved. 3 d. City may require Contractor to substitute equipment if production rate and 4 quality requirements of the Contract are not met. 5 3. Slurry Equipment 6 a. Use slurry tanks equipped with agitation devices for cement application. 7 b. The City may approve other slurrying methods. 8 c. Provide a pump for agitating the slurry when the distributor truck is not 9 equipped with an agitator. 10 4, Pulverization Equipment I I a. Provide pulverization equipment that: 12 1) Cuts and pulverizes material uniformly to the proper depth with cutters that 13 plane to a uniform surface over the entire width of the cut 14 2) Provides a visible indication of the depth of cut at all times 15 3) Uniformly mixes the materials 16 C. Pulverization 17 1. Pulverize or scarify existing material after shaping so that 100 percent by dry 18 weight passes a I inch sieve,and 80 percent by dry weight passes a No.4 sieve 19 exclusive of gravel or stone retained in sieves. 20 2. Pulverize recycled asphalt pavement so that 100 percent by dry weight passes a 2 21 inch sieve,and 60 percent by dry weight passes a No.4 sieve exclusive of gravel or 22 stone retained in sieves. 23 D. Cement Application 24 1. Spread by an approved dry or slurry method uniformly on the soil at the rate 25 specified on the Drawings 26 2. If a bulk cement spreader is used,position by string lines or other approved method 27 during spreading to insure a uniform distribution of cement. 28 3. Apply to an area that all the operations can be continuous and completed in daylight 29 within 6-hours of initial application. 30 4. Do not exceed the quantity of cement that permits uniform and intimate mixture of 31 soil and cement during dry-mixing operations 32 5. Do not exceed the specified optimum moisture content for the soil and cement 33 mixture. 34 6. No equipment,except that used in the spreading and mixing,allowed t o p ass over 35 the freshly spread cement until it is mixed with the soil. 36 E. Mixing 37 1, Thoroughly mix the material and cement using approved equipment, 38 2. Mix until a homogeneous,friable mixture of material and cement is obtained,free 39 from all clods and lumps. 40 3. Keep mixture within moisture tolerances throughout the operation. 41 4. Spread and shape the completed mixture in a uniform layer. 42 5. After mixing,the City shall sample the mixture at roadway moisture and test in 43 accordance with Tex 101 E,Part III,to determine compliance with the gradation 44 requirements in Table 1. CrrY OF FORT WORT14 WATER&SANrrARY SEWER RLPLACFMENT CONTRACT 2015 WSM-C,PARTI STANDARD CONSTRUCTION SPECIFICATION DCX,'UMEN'Fs,. City Project No.02434 Revised December 20,2012 32 11 33-5 CEMENT TREATED BASE COURSES Page 5 of 7 1 Table 1 2 Gradation Requirements Minimum %Passing Sieve Size Base 1-3/4 in 100 3/4 in. 85 No.4 60 3 F. Compaction 4 1. Prior to the beginning of compaction,the mixture shall be in a loose condition for 5 its full depth. 6 2. Compact material to at least 95-percent of the maximum density as determined by 7 ASTM D698. 8 3. At the start of compaction,the percentage of moisture in the mixture and in un- 9 pulverized soil lumps shall be less than the quantity which shall cause the soil- 10 cement mixture to become unstable during compaction and finishing. 11 4. When the uncompacted soil-cement mixture is wetted by rain so that the average 12 moisture content exceeds the tolerance given at the time of final compaction,the 13 entire section shall be reconstructed in accordance with this specification at the sole 14 expense of the Contractor. 15 5. The specified optimum moisture content and density shall be determined in the 16 field on the representative samples of soil-cement mixture obtained from the area 17 being processed. 18 6. Final moisture content shall be within minus-2 to plus-4-of-optimum. 19 7. Begin compaction after mixing and after gradation and moisture requirements have 20 been met. 21 8. Begin compaction at the bottom and continue until the entire depth of the mixture is 22 uniformly compacted. 23 9. Uniformly compact the mixture to the specified density within 2-hours. 24 10. After the soil and cement mixture is compacted uniformly apply water as needed 25 and thoroughly mix in. 26 11. Reshape the surface to the required lines,grades and cross section and then lightly 27 scarify to loosen any imprint left by the compacting or shaping equipment. 28 G. Maintenance 29 1. Maintain the soil-cement treatment in good condition from the time it first starts 30 work until all work shall is completed. 31 2. Maintenance includes immediate repairs of any defect that may occur after the 32 cement is applied. 33 3. Maintenance work shall be done by the Contractor at the Contractor's expense and 34 repeated as often as necessary to keep the area continuously intact. 35 4. Repairs are to be made in such a manner as to insure restoration of a uniform 36 surface for the full depth of treatment. 37 5. Remedy any low area of treated subgrade by scarifying the surface to a depth of at 38 least 2 inches, filling the area with treated material and compacting. 39 6. Remedy any low area of subbase or base shall by replacing the material for the full 40 depth of subbase or base treatment rather than adding a thin layer of stabilized 41 material to the completed work. CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C PARTI STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised December 20,2012 32 It 33-6 CEMENT TREATED BASE COURSES Page 6 of 7 1 H. Finishing 2 1. After completing compaction of the final course,clip,skin,or tight-blade the 3 surface of the cement-treated material with a maintainer or subgrade trimmer to a 4 depth of approximately 1/4 inch. 5 2. Remove loosened material and dispose of at an approved location. 6 3. Roll the clipped surface immediately with a pneumatic tire roller adding small 7 increments of moisture as needed and until a smooth surface is attained. 8 4. Add small amounts of water as needed during rolling. Shape and maintain the 9 course and surface in conformity with the typical sections, lines,and grades shown 10 on the Drawings or as directed. 11 5. Surface compaction and finishing shall proceed in such a manner as to produce,in 12 not more than 2-hours,a smooth,closely knit surface,free of cracks, ridges or loose 13 material,conforming to the drawn grade and line shown on the Drawings, 14 6. After the final layer or course of the cement modified soil has been compacted, it 15 shall be brought to the required lines and grades in accordance with the typical 16 sections. 17 7. The completed section shall then be finished by rolling with a pneumatic tire or 18 other suitable roller sufficiently to create micro cracking. 19 1. Curing 20 1. General 21 a. Cure for at least 48 hours. 22 b. Maintain the moisture content during curing at no lower than 2 percentage 23 points below optimum. 24 2. Curing method depends on finished pavement type: 25 a. Concrete pavement: 26 1) Sprinkle with water 27 2) Maintain moisture during curing 28 3) Do not allow equipment on the finished course during curing except as 29 required for sprinkling,unless otherwise approved. 30 b. Asphalt pavement: 31 1) Apply an asphalt material at a rate of 0.05 to 0.20 gallon per square yard. 32 2) Do not allow equipment on the finished course during curing 33 3. Continue curing until paving operations begin. 34 3.5 REPAIR/RESTORATION [NOT USED] 35 3.6 RE-INSTALLATION [NOT USED] 36 3.7 FIELD QUALITY CONTROL 37 A. Density Test 38 1. City Project Representative must be on site during density testing 39 2. City to measure density of cement treated base course in accordance with ASTM 40 D6938. 41 3. Spacing directed by City(I per block minimum). 42 4. City Project Representative determines density testing locations. CITY OF FORT WORTH WATER&SANITARY SEWER REPt,A(.EMEN'I'CON'rIZAC'1'2015 WSM-C,PARTI STANDARD CONS'lltUCTION SPEC YFICATION DOCUMENTS City. Project No.02434 Revised December 20,2012 32 11 33-7 CEMENT TREATED BASE COURSES Page 7 of 7 1 B. Depth Test 2 1. Take minimum of one core per 500 linear feet per each direction of travel 3 staggering test location in each lane to determine in-place depth. 4 2. City Project Representative determines depth testing locations. 5 3.8 SYSTEM STARTUP [NOT USED] 6 3.9 ADJUSTING [NOT USED] 7 3.10 CLEANING [NOT USED] 8 3.11 CLOSEOUT ACTIVITIES [NOT USED] 9 3.12 PROTECTION [NOT USED] 10 3.13 MAINTENANCE [NOT USED] 11 3.14 ATTACHMENTS [NOT USED] 12 END OF SECTION 13 Revision Log DATE NAME SUMMARY OF CHANGE 14 CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C,PARTI STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised December 20,2012 APPENDIX GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GC-4.06 Hazardous Environmental Condition at Site GC-6.06.13 Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination GR-01 60 00 Product Requirements CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 GC-4.01 Availability of Lands THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 GC-4.02 Subsurface and Physical Conditions THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 CITY OF FORT WORTH T/PW SOIL LAB SERVICES LABORATORY RESULTS FOR TEST HOLE AND PLASTICITY INDEX Project : WATER&SEWER REPLACE CONT 2015 WSM-C Project; 02434 DOE No: 7378 Fund Code : 03 Contractor: 1HOLE 1 Canyon Ridge Ave LOCATION: 31-01 Canyon Ridge Ave N/4 25" HMAC H-0 8 . 75" Lt Brown Sandy Clay W/gravel HOLE 5 8 75 0� 6. 00" Brown Sandy C-lay W/gravel ATTERBURG LIMITS: LL: 36 . 3 PL: 17 . 3 PI : 19. 1 SHRKG: 11 . 0 M Iq UNSELL_ COLOR CHARTz 10YR 7/4 Very Pale Brown Clay HOLE 2 LOCATION: 3524 Canyon Ridge Ave S/4 1. 50" HMAC 14 . 50" Lt Brown Sandy Clay W/gravel ATTERBURG LIMITS: LL: PL: PI: SHRKG: MUNSELL COLOR CHART: HOLE 3 -LOCATION: 3544 Canyon Ridge Ave N/4 1. 00" HMAC 8. 00" Lt Brown Sandy Clay w/gravel 7 . 00" Brown Sandy Clay w/gravel TTTERBURZA LIMITS: LL: PL: PI: SHRKG: MUNSELL COLOR CHART: HOLE 4 LOCATION: 3624 Canyon Ridge Ave S/4 1. 50" HMAC 10.50" Lt Brown Sandy Clay W/gravel 4 . 00" Brown Sandy Clay ATTERIBURG LIMITS: '_L: PL: PI: SHRKG: MUNSELL COLOR CHART: HOLE 1 Ave H LOCATION: 2512 Ave H S/4 '27"' HNIAC 8 . 75" Lt Brown. Sandy Clay w/gravel L-112. 06- Dark Brown Sandy Clay w/gravel 2 ATTERIBURG LIMITS: LL. 49. 9 P',11.26.7 . 2 .2 SH'RKG, 14 . 0 MUNSELL COLOR CHART: 1'�Y_ h Brown C-11 LOCATION: 2533 Ave R S/4 7. 00" Lt Bra n, Sandy Clay W/gravel 7 . 00" Brown Sandy (..'Lay. W/gravel 7_T�_p1,FT`7F_.iRT_71s1 7_1,5 I_IRK_G_- _" MUNSEU COLOR CHART. HOLE 3 LOCAT]..ON- 2604 Ave 1.1 S/4 4 .25 HMAC If 6. 00" Concre'te (4701.0 PSI) 5.75" Brown Sar idy Clay w/gravel EFUNTliF LIMITS: LL: PL: P1 . SHR,KG: MUNSELL COLOR CHART., 4 LOCATION. 2643 Ave H N/4 4 . 75"" HMAC 4. 75"" Concrete (5068 . 0 PSI) 40 6. 50"' Lt Brown Sand Clay W/gravel MUNSEL,L COLOR CHART, LOCATION: 2705 Ave H N/4 5.75" Concrete (4314.0 PSI) 5.25" Lt Brown Sandy Clay W/g.T.--avel 'FrERSURG LIMITS: LL., PL: PI: SHRKG- MUNSELL COLOR C14ART: LOCATION: 2601 Ave I S/4 FIT, -1 2.0.00" Lt Brown Sandy Clay /gravel 7 M!'RB-URG L7 M_TT_S­, _1_,L:29. 8 PL.- 1(.,3'.3 E11:13. 5 SHRKG.-7.0 MUNSELI COLOR CHART: 10YR 7/4 Ver le rown Sandy C.1 ay HOLE 2 LOCATION: 2629 Ave I N/4 _777i"" 115_4AC 9.75"" Lt Brown Sandy Clay W/g.-avel. ATTERBURG LIIIII'S- LL. PL: PI: SHRKG, M 14 UNSELL COLOR CHART. 14011E LOCA910N.- 272.6 Ave I S/4 3.00" HMAC ................ ...... .................. ................... 3 6. 50" Cor - rete (3715 , 0 PSI} 6. 50" Brown Sandy Clay W/gravel ! ATTERBURG LIMITS: LL: PL: PI : SHRKG: NIUNSELL COLOR CHART: HOLE l FOTZHUGH AVE LOCATION: 30' E of Sidney St N/4 --- 2. 00" HMAC 7. 00" t Brown Sandy Clay W/gravel 7 . 25" Dark Brown Sandy Clay I ° 49. 1. PL. 31 . 3 PI : 17 . 8 HRKG: 13 . 0 ATTERBURG LIMITS: I.� �. �" MUNSELL COLOR CHART: 10YR 5/1, Gray Clay HOLE 2 LOCATION: 3804 Fitzhugh Ave S14 4 . 25" HMAC 7 . 00" Tit Brogan Sandy Clay W/gravel 4. 75" Braun Sandy Clay W/gravel _-._-- ATTERBURG LIMITS: LL: PL: PI : SHRKG MUNSELL COLOR CHART: HOLE 3 LOCATION: 391 .3 Fitzhu... PAve N/4 5. 00`° HMAC 11. 00" Lt Brown Sandy Clay W/gravel ATTERBURG LIMITS: LL; PL: PI : SHRKG: t MUNSELL COLOR CHART: HOLE 4 LOCATION: 4024 Fitzhugh Ave S/4 10. 00" HMAC 6. 00" Brown Sandy Clay W/gravel. ATTERBURG LIMITS : LL: PL: PI : SHRKG: MUNSELL COLOR CHART: HOLE l FRED 'I' -_=_--==�-- LOCATION: 30° N of Forbes St E/4 �} � 4. 50" HMAC 8. 50" Lt Brown Sandy Clay Ord/gravel 3. 00" Dark Brown Sandy Clay ATTERBURG LIMITS: LL: 37 . 6 PL: 1.9. 4 PI: 18 , 2 SHkKG: ,10 . 0 MUNSELL COLOR CHART: 10YR 6/3 Pale Brown Clay HOLE 2 LOCA'1'TON: 50' S of Fitz'nugh Ave vV/ 6. 50" HMAC 9, 50" Brown"-,San dy C1-ay W/gravel AT`1'F�RBURG LIMITS: LL: PI,- PI : SHRKG: MUNSELL COLOR CHART: HOLE 1 AVE M LOCATION: 3003 Ave M S/4 _-- -._. _.......... e 4, Concret.e (2543. 0 PSI) 8. 00 " Brown Sandy Clay W/grave.1 MUNSELL COLOR CHART, 1.Oyr 8/2 Very Pale Brown C.1,ay HOLE 2 LOCATION. 31.00 Ave M S/4 5 . 75" Concrete (4206. 0 PSI) 7. 75" Brown Sandy Clay W/graVE,], ATTERBURG LIMITS: LL: PL: K ., SHRKG: M,UNSELL COLOR CHART- LOC"A'TION:31,23 Ave M N/4 3. 2 5" HMAC 5.75" Concrete (3462. 0 PSI) 7. 00" Brown Sandy Clay 7.FJ;L7,,R—B-UR" G L—IMIT"S:—"-IA-L-:—P-I.A-:—PI",--Sf-iR-KG—: .................. MUNSELL COLOR CHART: HOLE AVE N 1,0CATION: 30'W of Blvd S/4 4 . 00- 5. 00" Concrete ( 1439. 0 PSI) 7. 00" Dark Brown, Sandy C.].ay 7-,'1�7753—.'IURG—IX1MF'-1'S--1',—L.:55. 4 'P­L"-":--320"--P'—I.,23 5m Po MUNSELL COLOR CHART! ILOYR 5/2- Grayish Brown Cla� 701.2 2 LOCATION: 3024 Ave N S/4 4.000 H 7.00" C�-,)ncrete (5016. 0 PSI) Brown ..,9arjdX ( _ _1�2=e I 'TFr'h.7iiiEG-7-5ET s- ia PL- P'E: gt�.^^�yq COLOR CHART: N Ayers Ave LOCATION- 55" S of 3700 Mt Vern,c,)n Ave E./4 Am '7 . 00" Lt Brown Sandy Clay W/gravel 6. 00" Brown Sandy Clay :°1..1 1 G LIMII'S- LL: 30 .7 PL. 1.6.3 PI: 14-4 SHRKG: 9 MUNSELL COLOR CHART. '7.!:�YR 6/3 Lt Brown Sandy Clay HOLE 1 Purington Ave LOCATION: Emm of Ben, Ave S/4 ­­-772,5 3.50"' Concrc-,�te (6371.0 PSI) 4 .25" Lt Brown Sandv Cla MUNSELL ATTERBURG LIMITS: LL: 2108 PL: 14 .2 PI : 7 . 6 SHRKG: 000 COLOR CHART: 10YR '714 Very Pale Brown Sand HOLE 2 LOCATION: 3225 Purinqton Ave N/4 2. 00" HMAC Concrete (3248 . 0 PSI) Brown Sandy Clay W/gravel ATTERBURG LIMITS : LL: PL: PI : SHRKG: AER "RG TT B C'- HOLE 2 LO L A 01 C I 2 0 0 H C 0 B r E RG MUNSELL COLOR CHART: -- - HOLE 7� LOCATION: 3316 Purington Ave N14 2 . 2 5" HPJAC 6. 75" Concrete (3627 . 0 PSI) 6. 00" Dark Brown Sandy Clay ATTERBURG LIMITS : LL: 46. 0 PL: 20 . 7 PI . . 25 . 3 SHRKG: 1.4 . 0 IMUNSELL COLOR CHART: 10YP, 6/2 Lt Brownish Gray Clay HOLE I TORONTO ST LOCATION: 40' N of Purington Ave E/4 3. 00" HMAC 5. 50" 2 : 27 Concrete (72900 PSI) 0 5 0 0 7 . 50" Brown Sandy Clay W/gravel ATTER71P, LIMITS: LL: 37 . 6 PL: 20 . 5 PI : 17 . 1 SHRKG: 10 . 0 M j L _ L UNSELL COLOR CHART: 10yr 5/4 Yellowish Brown Clay ' L S 140L HOLE 2 FLOCA`I,I ON LOC, TION: 2413 Toronto St W/4 2 . 00" HMAC 2 0 ' 0 C Brown '-and HM 8. 00" Brown Sandy Clay W/gravel 3r _01 6. 00" Dark Brown Sandy Clay ATTERBURG LIMITS: LL: PL: PI : SHRKG: T C, _'O C 4 MUNSELL COLOR CHART: HOLE 3 LLOCATION: 110' N of Wilkinson Ave E/4 r-7= HIMIAC 13, "15" Brown Sandy Clay W/gravel ATTERBURG LIMITS: LL: PL: PI : SHRKG: MUNSELL "COLOR CHART: 6 Ryan WE- Routing: Date Tested: 12/16/14-12/27/14 Superintenden Requested st bye Robert Sauced a Tested step ; Soil dab File GC-4.04 Underground Facilities THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 GC-4.06 Hazardous Environmental Condition at Site THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH WATER&SANITARYSEWER REPLACEMENT CONTRACT 2015 WSM-C Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 GC-6.06.1) Minority and Women Owned Business Enterprise Compliance THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 ATIlACHMENT 1A Page 1 of 4 FORT WORTH City of Fort Worth Minority Business Enterprise MBE Subcontractors/Suppliers Utilization Form ...................................................... OFFEROR COMPANY NAME: Check applicable block to describe Offeror PROJECT NAME: ......._____..___._LMA(V/DBE NON-M/W/DBE Water & Sanitary Sewer Replacement Contract 2015, WSM-C Part 1 BID DATE City's MBE Project Goal: Offerors_MBE-_P_r-oj oc—tCo—mmitment: '—PROJECT NUMBER 8 % % 02434 .. ................................... Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Purchasing Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the MBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification, and will result in the bid being 1considered non-responsive to bid specifications. MBEs listed toward meeting the project goal must be located in the six (6) county marketplace at the time of bid or the business has a Significant Business Presence in the Marketplace. Marketplace is the geographic area of Tarrant, Dallas, Denton, Johnson, Parker, and Wise counties., Prime contractors must identify by tier level of all subcontractors/suppliers. Tier: means the level of subcontracting below the prime contractor/consultant i.e. a direct payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2nd tier.. The prime contractor is responsible to provide proof of payment of all tiered subcontractors identified as a MBE and -counting those dollars towards meeting the contract committed goal. ALL MBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located within the Marketplace, that have been determined to be a bondafide minority business enterprise by the North Central Texas Regional Certification Agency (NCTRCA) or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth. If hauling services are utilized, the Offeror will be given credit as In as the MBE listed owns and operates at least one fully licensed and operational truck to be used on the contract, The MBE may lease trucks from another MBE firm, including MBE owner-operated, and receive full MBE credit. The MBE may lease trucks from non-MBEs, including owner-operated, but will only receive credit for the fees and commissions earned by the MBE as outlined in the lea Rev.2/10/15 FOR't°WORTH ATT'AC'HMENT 1A Rage 7 of 4 Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority,and non-MBEs. MBE firms are to be listed first,use additional sheets if necessary. Please note that only certified MBEs will be counted to meet an MBE goal. NCTRCA N SUBCONTRACTOR/SUPPLIER ° Company Name T " Detail Detail Address I M W Subcontracting Supplies Dollar Amount Telephone/Fax r B B B Work Purchased Email E E Contact Person E El 1:1 El 1:1 El 1:1 101 El 1:1 El Rev.7/10115 FORT OWl"H ATTACHMENT 1A Page 3 of 4 Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e,, Minority and non-MBE S. MBE firms are to be listed first,use additional sheets if necessary. Please note that only certified MBEs will be counted to meet an MBE goal. NCTRCA N SUBCONTRACTORISUPPLIER a Company Name T n Detail Detail Address i Subcontracting Supplies M w Dollar Amount Telephone/Fax r B B B Work Purchased Email E Contact Person E El 1:1 El 0 Rev.2110115 AT-TAGHMENTM FORTWORTH Page 4 of 4 Total Dollar Amount of MBE Subcontractors/Suppliers $ Total Dollar Amount of Non-MBE Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ The Offeror will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office through the submittal of a Request for Approval of ChangelAddition form. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The Offeror shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed MBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual or performed by all subcontractors, including MBE(s) and any special arrangements with MBEs., The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The Offeror agrees to allow the transmission of interviews with owners, principals, officers, emplloyees and applicable subcontractors/suppliers participating on the contract that will substantiate the actual work performed by the MBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning is statements. Any failure to comply with this ordinance creates a material breach of the contract and may result in a determination of an irresponsible Offeror and debarment from participating in City work for a period of time not less than one(1)year, Authorized-9 nat6 -—— Prinled Signature ..................................... ....................................... ................................_......................................................................... Title Contact NameMlle(if different) ........................... Compainy Moms Telephone and/or Fax add s E-mail Address ................................. ................................. ..................................................... .................. city)Statelzip Date Rev,2110115 ATTACHMENT 1B FORT WORTH Page 1 of 1 City of Fort Worth Minority Business Enterprise Specifications Prime Contractor Waiver Form ............ OFFEROR COMPANY NA Check applicable block to describe pr''i-m"'i-e- ..........I.......I PROJECT NAME: _LW1"IDIBE NON-l" iVVIDBE Water& Sanitary Sewer Replacement Contract 2015„ WSM-C Part 1 BID DATE ity's MBE Project Goal: P--R,-O-J-E--CT—N--U-MB—E-R-.-.-- 8 % % 02434 ............. ....... If both answers to this for are YES, do not complete ATTACHMENT IC (Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO,then you must complete ATTACHMENT 1C. This form is only applicable if baffi answers are yes. Failure to complete this form in its entirety and be received by the Purchasing Division no later than 2:00 p.m.,on the second City business day after bid opening,exclusive of the bid opening date,will result in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this NO project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business, NO .......... The Offeror further agrees to provide, directly to the City upon requiest, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) on this contract,the payrrient thereof and any proposed changes to the original IVIBE(s) arrangements submitted with this bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City or for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract and may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one(1)year. Aulhorized Signature sq; nahpve Tffle Cordact Name(if dftrent) .......... Company Name Phone Number Fax Number Address ............ ....... ........... ftyls4ale/Zp Date Rev.2/10/15 ATTACHMENT IC Page I of 4 FORT WORTH City of Fort Worth Minority Business Enterprise MBE Good Faith Effort Form .................................................................................................................... OFFEROR COMPANY NAME: Check applicable block to aie_�scribe Offeror PROJECT NAME: .1 NON-MM/DBE ---—-- MIWIDBE. Water & Sanitary Sewer Replacement Contract 2015, WSM-C Part 1 BID DATE ............................................ City's MBE Project Goal: _T0ffer-o_r'sMBE-Project_Co__mn_i`t_m-­ent: ___ PROJECT NUMBER 8 % % 02434 .................................................................................... If the Offeror did not meet or exceed the MBE subcontracting goal for this project, the Offeror must complete this form. If the Offeror's method of compliance with the MBE goal is based upon demonstration of a "good faith effort", the Offeror will have the burden of correctly and accurately preparing and submitting the documentation reqluired by the City. Compliance with each item, 1 thru 11 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation of the facts or intentional discrimination by the Offeror® Failure to complete this forrn, in its entirety with supporting documentation, and received by the Purchasing Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive of bid opening date,will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity for the completion of this project, regardless of whether it is to be provided by a MBE or non-MBE® (DO NOT LIST NAMES OF FIRMS 1 On all projects, the Offeror must list each subcontracting and or supplier opportunity regardless of tier. (Use additional sheets, if necessary) .......... List of Subcontracting Opportunities Dist of Supplier Opportunities ........... ................ ..........................I.......... ................ ....................... ............. ................ .................... ............ ............ ........................ ...................................................................... ............... L....... Rev.2110115 ATTACHMENT IC Page 2 of 4 2.) Obtain a current(not more than two(2) months old from the bid open date) list of MBE subcontractors and/or suppliers from the City's MIWBE Office. -Yes Date of Listing-1 1 No 3.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail,exclusive of the day the bids are opened? -Yes (if yes,attach MBE mail listing to include name of fi rm and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone,exclusive of the day the bids are opened? -Yes (if yes,attach list to include name of MBE firm,person contacted,phone number and date and time of contact.) No 5.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by facsimile(fax), exclusive of the day the bids are opened? Yes (if yes,attach list to include name of MBE fi rm,fax number and date and time of contact. In addition,if the fax is returned as undeliverable,then that"undeliverable confirmation"received must be printed directly from the facsimile for proper documentation. Failure to submit confi rmation and/or"undeliverable confirmation" documentation may render the GFE non-responsive.) No 6.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by email,exclusive of the day the bids are opened? Yes (if yes,attach email confirmation to include name of MBE firm,date and time.In addition,if an email is returned as undeliverable,then that"undeliverable message"receipt must be printed directly from the email system for proper documentation. Failure to submit confirmation and/or"undeliverable message"documentation may render the GFE non-responsive.) No NOTE: The four methods identified above are acceptable for soliciting bids, and each selected method must be applied to the applicable contract. The Offeror must document that either at least two attempts were made using two of the four methods or that at least one successful contact was made using one of the four methods in order to be deemed responsive to the Good Faith Effort requirement. NOTE: The Offeror must contact the entire MBE list specific to each subcontracting and supplier opportunity to be in compliance with questions 3 through 6. 7.) Did you provide plans and specifications to potential MBEs? -Yes No 8.) Did you provide the information regarding the location of plans and specifications in order to assist the MBEs? Yes No Rev.2/10/16 ATTACHMENT IC Page 3 of 4 9.) Did you prepare a quotation for the MBEs to bid on goodsiservices specific to their skill set? Yes (if yes,attach all copies of quotations.) No 10.) Was the contact information on any of the listings not valid? Yes (if yes,attach the information that was not valid in order for the MIWBE Office to address the corrections needed.) No 11.)Submit documentation if MBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of by the MBE was rejected and any supporting documentation the Offeror wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the Offeror will provide for confidential in-camera access to an inspection of any relevant documentation by City personnel. (Please use additional sheets,if necessaa, and attac Company Name Telephone Contact Person Scope of Work Reason for Mection ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain MBE participation on this project. The Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance shall create a material breach of contract and may result in a determination of an irresponsible Offeror and debarment from participating in City work for a period of time not less than one (1) year. Rev.2/10/15 ATTACHMENT 1C Page 4 of 4 The undersigned certifies that the information provided and the MBE(s) listed was/were contacted in good faith. It is understood that any MBEs) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. Authorized signature Printed signature Title Contact Name and Title(if different) Company Name Phone Number Fax Number Address Email Address City/state/Zip Date Rev.2110/15 Joint Venture 'Ar""R T WO R T F1 Page 1 of 3 CITY OF FORT WORTH MBE Joint Venture Eligibility Form All questions must be answered,use"NIA"if not erplVicable, Name of City project: Water&Sanitary Sewer Replacement Contract 2015,WSW-C Part I . .............- ............ A joint venhhre fa n ni niust be,completed on g g1K prow ect UP/BidAlurchasing Number: . ...... 1.Joint venture information: Joint Venture Name: ............. Joint Venture Address- (ff'a)2).7ficable) Telephone: Facsimile: E-mail address: Cellular: Identify the h that comprise the joint venture: Please attach extra sheets if additional space is required to provide detailed explanations of work to be perfanned by each firm comprIsing the joint venture MBE firm Non-MBE firm name: name, Business Address. Business Address: City,State,Zip: City,State,Zip: Telephone Facsimile E-rnail Telephone Facsimile Cellular ei i ul n a n r Certification Status: E-mail address Name of Certifying Agency: 77 ............................................ 2. Scope of work p���the Joint Venture: .................................................... ........... Describe the scope of work of the MBE: Describe the scope of work of the non-M BF ............ ............— ............. ................ ............... ... ........ Rev.2/10115 Joint Venture Page 2 of 3 3.What is the percentage of MBE participation on this joint venture that you wish to be counted toward meeting the project goal? 4.Attach a copy of the joint venture agreement. 5. List components of ownership of joint venture: (Do not complefe�f this inforynation tv described injoint venture.agreepnent) Profit and loss sharing: Capital contribijtions,including equipment: Other applicable ownership interests: 6. Identify by name,race,sex and firm those individuals(with titles)who are responsible for the day-to-day management and decision making of the joint venture: Financial decisions (to inOude Account Payable and Receivablc): ............ Management decisions: a. Estimating b. i6larketin and Sales --------------------­­__.­­­------------------------- c. Hiring and Firing of management personnel - ------------ ---------------- Purchasing of major equipment and/or supplies ............ Supervision of field operations The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the MBE percentage applied toward the goal for the project listed on this form. NOTE: From and after the date of project award, if any of the participants, the individually defined scopes of or or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's Nei BE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the City's BDE Ordinance., Rev.2/1O/15 Joint Venture Page 3 of 3 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and incllude all material information necessary to identify and explain the terms and operation of the joint venture, Furthermore,the undersigned shall agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payments herein. The City also reserves the right to request any additional inforination deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested inforination within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits, interviews with owners and examination of the Iv. oks, records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract, which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concelMing false statenfeMs or willfial misrepresentation of facts. _-----------------------misrepresentation--------------- ------------------------------------------------------------------------------------------------------------------------ Name of MBE firm Name of non-MBE firm Printed Name of Owner Printed Name of Owner Signature of`Owner Signature of Owner Printed Name of Owner -Printed-Name of Owner .............. ................ Signature of'Owner Signature of Owner Title Title Date Date Notarization State of.. ............................. County of On this day of .......................................................... 20......._.,before me appeared and to me personally known and who,being duly sworn,did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as their free act and deed. NotaryPublic ........................................................... Print Name Notary Public signatme CominissionExpires. .. ..... ........­­­................................................................................... (seal) Rev.2/10115 GC-6.07 Wage Rates THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH WATER&SANITARY SEWER REPLA CFMENT CONTRACT 2015 RSAid-C Part I STANDARD CONSTRUCTION SPECIFICATION LK)CUMENTS City Prqjerl Na 02434 Reviged July 1,201 1 2013 PREVAILING WAGE RATES (Heavy and Highway Construction Projects) CLASSIFICATION DESCRIPTION Wage Rate Asphalt Distributor Operator g 15.32 Asphalt Paving Machine Operator g 13.99 Asphalt Raker g 12.69 Broom o/Sweeper Operator $ 11J4 Concrete Finisher, Paving and Structures g 14l2 Concrete Pavement Finishing Machine Operator g 16.05 Concrete Saw Operator $ 14.48 Crane Operator, Hydraulic 80 tons orless g 18.12 Crane Operator, Lattice Boom 80 Tons or Less g 17.27 Crane Operator, Lattice Boom Over 80Tons g 20.52 Crawler Tractor Operator g 14.07 Electrician g 19.80 Excavator Operator,5C\O00 pounds o/less $ 17.19 Excavator Operator,Over 50,000pounds g 16.99 F|agge/ g 10.06 Fo/m8ui|deVSetter,Structures g 1I84 Form Setter, Paving&Curb g 1I16 Foundation Drill Operator, Crawler Mounted $ 17.99 Foundation Drill Operator,Truck Mounted g 21.07 Front End Loader Operator,3CYorLess g 13.69 Front End Loader Operator,Over 3[Y g 14J2 Laborer,Common g 1072 Laborer,Utility $ 12.32 Loade//BackhoeOpemtor g 15.18 Mechanic g 17.68 Milling Machine Operator $ 14]2 Motor Grader Operator, Fine Grade g 17.19 Motor Grader Operator, Rough g 16.02 Off Road Hauler $ 1225 Pavement Marking Machine Operator g 13.63 Pipe|aye/ g 13.24 Redaimer/Pu|verizerOpemtor $ 11.01 Reinforcing Steel Worker g 16.18 Roller Operator,Asphalt g 1I08 Roller Operator,Other $ 11.51 Scraper Operator g 12.96 Service/ $ 14.58 Small 8ipfo/m Machine Operator g 15.95 Spreader Box Operator g 14.73 Truck Driver Lowboy-Float g 1624 Truck Driver Transit-Mix g 14.14 Truck Driver,Single Axle g 12.31 Truck Driver,Single or Tandem Axle Dump Truck g 12.62 Truck Driver,Tandem Axle Tractor with Semi Trailer g 12.86 Welder $ 14.84 Work Zone Barricade Servicer $ 11.68 The Davis-Bacon Act prevailing wage rates shown for Heavy and Highway construction projects were determined bv the United States Department n[Labor and current asn[September z0B. The titles and descriptions for the classifications listed are detailed in the AGC of Texas'Standard Job Classifications and Descriptions for Highway, xeavvuu|iue`'a^dmuvstna|co^stmctioninTexa,. Page Iof1 GC-6.09 Permits and Utilities THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C Part/ STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 GC-6.24 Nondiscrimination THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02434 Revised July 1,2011 GR-01 60 00 Product Requirements THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH WATER&SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-C Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01J'Project No.02434 Revised July 1,2011 CRY OF! 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