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HomeMy WebLinkAboutContract 54015C11Y SrORETARYCONMACT NO. s ; Ic�c���4 CONTRACT c� °Rya FOR THE CONSTRUCTION OF 2018 CIP YEAR 2 — CONTRACT 11 City Project No.101473-2 Betsy Price David Cooke Mayor City Manager Chris Harder Director, Water Department William Johnson Director, Transportation and Public Works Department Prepared for The City of Fort Worth 2020 Arredond®i Zopeda & &Fynxf ,6LC c. aa9oa..a.. -- SHANON, ..ER'REu OFFOCUAL RECORD FT WOR74 , TIX FORTWORTH CONTRACT FOR THE CONSTRUCTION OF 2018 CIP YEAR 2 — CONTRACT 11 City Project No. 101473-2 Betsy price David Cooke Mayor City Manager Chris Harder Director, Water Department William Johnson Director, Transportation and Public Works Department Prepared for The City of Fort Worth 2020 Ar,redondo, Zopoda & Ortfuz, LLG ��Ie ag Na 9� SHAA NON W. NERREN ...08 ............... �. .��.. ..91926 FORT WORTH City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 -1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page I of 3 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions 0005 10 Mayor and Council Communication 0005 15 Addenda 0011 13 Invitation to Bidders 0021 13 Instructions to Bidders 00 32 15 Construction Project Schedule 00 35 13 Conflict of Interest Affidavit 0041 00 Bid Form 00 42 43 Proposal Form Unit Price 00 43 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 0045 11 Bidders Prequalifications 0045 12 Prequalification Statement 00 45 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers' Compensation Law 00 45 40 Minority Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01 - General Requirements 01 1100 Summary of Work 012500 Substitution Procedures 01 31 19 Preconstruction Meeting 0.1 31 20 Project Meetings 01 32 16 Construction Progress Schedule 01 3233 Preconstruction Video 01 33 00 Submittals 01 35 13 Special Project Procedures 01 45 23 Testing and Inspection Services 01 50 00 Temporary Facilities and Controls 01 55 26 Street Use Permit and Modifications to Traffic Control 01 57 13 Storm Water Pollution Prevention Plan 01 58 13 Temporary Project Signage 01 60 00 Product Requirements 01 66 00 Product Storage and Handling Requirements 01 70 00 Mobilization and Remobilization 01 7123 Construction Staking and Survey 01 71 23.01 Attachment A. Survey Staking Standards 01 74 23 Cleaning 01 77 19 Closeout Requirements 01 7823 Operation and Maintenance Data CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised February 2, 2016 000000-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 3 01 78 39 Project Record Documents Technical Specifications which have modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents. Division 31 - Earthwork 31 23 16 Unclassified Excavation 31 23 23 Borrow 31 24 00 Embankments Division 33 — Utilities 33 1210 Water Services 1-inch to 2-inch 33 12 20 Resilient Seated Gate Valve 33 31 50 Sanitary Sewer Service Connections and Service Line Division 34 - Transportation 3471 13,01 Traffic Control — Neighborhood Street Projects Technical Specifications listed below are included for this Project by reference and can be downloaded from the City's Buzzsaw site at: htt s:// ro'ect oint.buzzsaw.comklienttfortworth ov/Resources/02%20- %20Construction%2ODocuments/S ecifications Division 02 - Existing Conditions 0241 1.3 Selective Site Demolition 0241 14 Utility Removal/Abandonment 0241 15 Paving Removal Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 03 34 16 Concrete, Base Material for Trench Repair Division 31- Earthwork 31 1000 Site Clearing 31 25 00 Erosion and Sediment Control Division 32 - Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 3201 18 Temporary Asphalt Paving Repair 32 01 29 Concrete Paving Repair 32 11 23 Flexible Base Courses 32 11 29 Lime Treated Base Courses 32 11 33 Cement Treated Base Courses 32 11 37 Liquid Treated Soil Stabilizer 32 12 16 Asphalt Paving 32 1273 Asphalt Paving Crack Sealants 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 13 73 Concrete Paving Joint Sealants 32 16 13 Concrete Curb and Gutters and Valley Gutters CITY OF FORT WORTH 2018 CIP Year 2, Contract I I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised February 2, 2016 000000-3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 3 321723 Pavement Markings 32 17 25 Curb Address Painting 3231 13 Chain Fences and Gates 32 31 26 Wire Fences and Gates 32 31 29 Wood Fences and Gates 32 32 13 Cast -in -place Concrete Retaining Walls 3291 19 Topsoil Placement and Finishing of Parkways 32 92 13 Hydro -Mulching, Seeding, and Sodding 32 93 43 Trees and Shrubs Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 33 01 31 Closed Circuit Television (CCTV) Inspection 33 04 30 Temporary Water Services 33 04 40 CIeaning and Acceptance Testing of Water Mains 33 04 50 Cleaning of Sewer Mains 33 05 10 Utility Trench Excavation, Embedment, and Backfill 3305 13 Frame, Cover and Grade Rings -Cast Iron 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 330517 Concrete Collars 33 05 26 Utility Markers/Locators 33 05 30 Location of Existing Utilities 33 11 05 Bolts, Nuts, and Gaskets 3311 12 Polyvinyl Chloride (PVC) Pressure Pipe 33 12 40 Fire Hydrants 3339 10 Cast -in -Place Concrete Manholes 33 39 20 Precast Concrete Manholes 33 39 30 Fiberglass Manholes 33 49 30 Curb and Drop Inlets Division 34 - Transportation 34 41 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 GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised February 2, 2016 City of Fort Worth, Texas hMayor and Council Communication DATE: 05/05/20 M&C FILE NUMBER: M&C 20-0308 LOG TAME: 602018CIPY2C11-MCCLENDON SUBJECT Authorize Execution of a Contract with McClendon Construction Company, Inc., in the Amount of $2,602,441.50, for Combined Street Paving Improvements and Water and Sanitary Sewer Main Replacements for 2018 Bond Street Reconstruction Contract 11 Project, Located on Binkley Street, Burchill Road, South and Little Street, Adopt Appropriation Ordinances, and Update the FY 2020-2024 Capital Improvement Plan (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Appropriation Ordinance increasing appropriations in the Water and Sewer Capital Projects Fund in the amount of $1,411,147.00 transferred from available funds within the Water and Sewer Fund; 2. Adopt the attached Appropriation Ordinance to adjust appropriations in the 2018 Bond Program Fund by increasing appropriations in the 2018 Bond Street Reconstruction Contract 11 Project, in the amount of $1,731,001.00 and reducing appropriations in the Street Construction/Reconstruction/Rehabilitation Programmable Project No. P130001) by the same amount; and 3. Authorize execution of a contract with McClendon Construction Company, Inc., in the amount of $2,602,441.50 for Combined Street Paving Improvements and Water and Sanitary Sewer Main Replacements for 2018 Bond Street Reconstruction Contract 11 project (City Project No. 101473). DISCUSSION: This Mayor and Council Communication (M&C) is to authorize a construction contract for water and/or sanitary sewer and paving improvements on approximately 1.49 lane miles for the 2018 Bond Street Reconstruction Contract 11 on the following streets: Street From ITO Binkley Street 113urchill Road Burchill Road 5. Burchill Road Binkley Street Vaughn Boulevard Burchill Road S. Thrall Street Burchill Road Little Street IlAvenuej Ada Avenue The Transportation and Public Works Department's share on this contract is $1,400,522.50. Funds for this project are included in the 2018 Bond Program. Available resources within the General Fund will be used to provide interim financing until debt is issued. Once debt associated with the project is sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing Official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No. 23209-05-2018) and subsequent actions taken by the Mayor and Council. The Water Department's share on this contract of $1,201,919.00 will be available in the Water and Sewer Capital Projects Fund of the project (CPN 101473). The project was advertised for bids on February 13, 2020 and February 20, 2020 in the Fort Worth Star -Telegram. On March 12, 2020, the following bids were received: Bidder Amount IlTime of Completion McClendon Construction Co. $2,602,441.50 310 Calendar Days Stabile & Winn, Inc.. $2,661,614.50 In addition to the contract amount, $409,584.00 (Water: $117,618.00; Sewer: $31,514.00; TPW: $260,452.00) is required for project management, material testing and inspection, and $130,122.00 (Water: $47,461.00; Sewer: $12,635.00; TPW: $70,026.00) is provided for project contingencies. This project will have no impact on the Transportation & Public Works operating budget nor on the Water Department's operating budget when completed. Construction is expected to start in August 2020 and be completed by June 2021. The sanitary sewer component of this project is part of the Water Department's Sanitary Sewer Overflow Initiative Program. Appropriations for the Water, Sanitary Sewer and Paving Improvements for 2018 Bond Street Reconstruction Contract 11 project by Fund will consist of the following: Fund _ Existing Appropriations*' Additional Appropriations Project Total* _ Bond 2018 Bond Program $2,366,660.00 $1,731,001.00 $4,097,661,D0 Fund Water & Sewer Capital Projects - $2,642,359.00 $1,411,147.00�$4,053,506.00 Fund 56002 _ Project Total $5,009,019.00 $3,142,148.00 $8,151,167.001 *Numbers rounded for presentation purposes. **M&C 602018CIPY3CO-TEXASBIT PROVIDES FOR THESE APPROPRIATIONS MM1BE OFFICE: McClendon Construction Co., Inc., is in compliance with the City's BDE Ordinance by committing to three percent MBE participation and documenting good faith effort. McClendon Construction Co_, Inc. identified several subcontracting and supplier opportunities. However, the firms contracted in the areas identified did not respond or did not submit the lowest bids. The City's MBE goal on this project is 15 percent. The 2018 Bond Program funding was included in the 2020-2024 Capital Improvement Plan far project P130001. In orderto administratively track the spending of all funding sources in one project, appropriation ordinances are needed to move appropriations from the programmable project to the jointly funded static project. This action will update the 2020-2024 Capital Improvement Plan. The project is located in COUNCIL DISTRICT 5. FISCAL INFORMATION 1 CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget of the Water & Sewer Fund, and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current capital budgets, as appropriated, of the Water and Sewer Capital Projects (W&S Capital Projects) and 2018 Bond Program Funds. Prior to any expenditure being incurred, the Transportation & Public Works and Water Departments have the responsibility to validate the availability of funds. Submitted for City Manager's Office by. Dana Burghdoff 8018 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Dena Johnson 7866 W W (Sl CJ1 Ctl (li CSl C31 t� C31 Ul CSl CJ7 (Si CSl Cal QQQOQQ0QCDQQQQ(D(DC) a a O Q O Q O O O Q O O Q O O O 00 00 N N N N N N O N O m O N O N O N O N O N CQ N Q O O O O O O O N N —[ � v v r1 ---A ---I M M W W W M W O CD O O O O CD O (D Q O O O Ca O Q a p a Q Q Q O O CO O O O O Cl Q O Q P P -A -P 31. -N -A -A .!A -IA _P*1 .A .A W W W W W W W W W W W W W W W W Q Q o o Q o 0 0 0 CD C) CD (D C)cn cn C n cn 0 cn � (37 / ) V n C n M C ti Cat .A W W W —1 M a CO W CO W -.I M -1 CD - W � 4 M -a -a W -P 4�- a Cn oaoaQom000000rn W W CJt O— -* O W W M Q -> O C n Ch C7 -y d a o cst M Q Q o Q O O O O a a— 0 0 0 CD a a a a a a a 3 3 a a a --x O Q 0 0 0 0 0 (D 0 C) C7 O Ca Q Q i AaA AaA a a a ^a^ a a ^ -Ph, ^a^ V V � W a W W W W W W W W W W W W W W oQooao aCDo(atcl) Q a o a 0 a 0 a o a a a Q a o a 0 a o a00 00 Cp co 00 00 00 00 OD 00 CSi A Q Q Q CJ7 -P -P O N N N IV N N N N N N" N N N N N i■ O O O Q Q Q O Q Q C) Q Q Q O C7 O N N. N N N N N N N N" N N N N y CD (D (D O O O O O Q Ca O Ca Q Q O O a 00 a 00 O a O a Q O CC] co CC] CS) r • �I N N Eta ffl CEO m C j 4fl w -1 W 3 3 to fH M -r.9 -69 W a N CD ffl a a _ W W � (l] -> m o) CO -P CD M W CO -P ■ O C, N CD CQ7 W 6 W 00 OD CD CD 0-) O (D N Q j ()J 00 m W O O -p W m O m O W CD a y Q Q cn Q '_I CO -p O O C7 Q .A 00 Q O Q Q Q O 6 0 0 0 CO Q Q Q Q O Q Q Q Q Q Q O O Q O O Q O C� Q a rn 0 N H 00 n N n H n n r m Z 0 z (J CD w Iw Iw w � rn o Ca o CD C) C]D N N N Oy 0) C) C7 CO O O C] 4 .{� [� W w W 1 C7 CD A -4 -4 A -E1 4P CD CD O O O O 0- CD C] C] J1 - -Pb. -P 4 y y W W w co C7 Q s (0 C, `C a `C O `C N 00 N N O �A -11 O �A � � to C) C" C7 "I C) C D '+ C) C) Q 0 0 0 ��!/|�k��� @ ,� -. 000510-1 MAYOR AND COUNCIL COMMUNICATION (M&C) Page 1 of 1 SECTION 00 0510 2 MAYOR AND COUNCIL COMMUNICATION (M&C) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 END OF SECTION CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 000515-1 ADDENDA Page 1 of 1 SECTION 00 05 15 ADDENDA END OF SECTION CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No, 101473-2 Revised July 1, 2011 001t 13-1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 001113 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of 2018 CIF Year 2, Contract 11, City Project No. 101473-2 will 5 be received by the City of Fort Worth Purchasing Office: 6 7 City of Fort Worth 8 Purchasing Division 9 200 Texas Street 10 Fort Worth, Texas 76102 11 until 1:30 P.M. CST, Thursday, March 12, 2020, and bids will be opened publicly and read aloud 12 at 2:00 PM CST in the Council Chambers. 13 14 GENERAL DESCRIPTION OF WORK 15 The major work will consist of the (approximate) following: The replacement of water and/or 16 sanitary sewer mains and paving improvements on the following streets. 17 18 Burchill Road from Binkley Street to Vaughn Boulevard 19 Burchill Road S. from Thrall Street to Burchill Road 20 Binkley Street from Burchill Road to Burchill Road S. 21 Little Street from Ada Avenue to Avenue J 22 23 Major work item include: 24 11,380 SY asphalt pavement 25 5,900 LF concrete curb and gutter 26 2,549 LF 6"-24" water pipe 27 486 LF 8" sanitary sewer pipe 28 29 PREQUALIFICATION 30 The improvements included in this project must be performed by a contractor who is pre- 31 qualified by the City at the time of bid opening. The procedures for qualification and pre- 32 qualification are outlined in the Section 00 21 13 — INSTRUCTIONS TO BIDDERS. 33 34 DOCUMENT EXAMINATION AND PROCUREMENTS 35 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 36 of Fort Worth's Purchasing Division website at hLtp://www.fortworthtexas.goy/ptirchasing/. The 37 Contract Documents may be downloaded, viewed, and printed by interested contractors and/or 38 suppliers by going online at htt s: docs,b360.autodesk.com shares d52cga95-c510-4e76-a33d- 39 8de73f75815e . The contractor is required to fill out and notarize the Certificate of Interested 40 Parties Form 1295 and the form must be submitted to the Project Manager before the 41 contract will be presented to the City Council. The form can be obtained at 42 https://www.ethics.state.tx.us/tec/1295-Info.httn . 43 44 Copies of the Bidding and Contract Documents may be purchased from: 45 Arredondo, Zepeda, & Brunz, LLC 46 11355 McCree Road 47 Dallas, TX 75238 48 (214) 341-9900 49 Attn.: Alex Martinez, PE or Shannon Nerren, PE CITY OF FORT WORTH 2O18 CIP Year 2, Conlract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised December 22, 2016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 0011 13-2 INVITATION TO BIDDERS Page 2 of 2 Email: arnartinez@azb-engrs.com or snerren@azb-engrs.com The cost of Bidding and Contract Documents is: Full size drawings: $100 Half size (if available) drawings: $60 PREBID CONFERENCE A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following location, date, and time: DATE: March 2, 2020 TIME: 10:00 AM PLACE: 311. W. 10" St. Fort Worth, Texas 76102 CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject bids. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Dena Johnson, P.E, City of Fort Worth Email: dena.johnson@fortworthtexas.gov Phone: (817) 392-7866 AND/OR Attn: Maged Zaki RE, PMP, City of Fort Worth Email. Maged.Zaki@fortworthtexas.gov Phone: (817) 392-5448 AND/OR Attn: Alex Martinez, RE, Arredondo, Zepeda, & Brunz, LLC Email: amartinez@azb-engrs.com Phone: (214) 341-9900 ADVERTISEMENT DATES February 13, 2020 February 20, 2020 38 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 22, 2016 2018 CIP Year 2, Contract 11 City Project No. 101473-2 CITY Or FORT WORTH, TEXAS ADDENDUM NO. 1 To the Specifications and Contract Documents For City Project No. 101473-2 UNIT 1. m WATER UNIT" 2 — SANITARY SEWER UNIT 3 —ASPHALT PAVEMENT IMPROVEMENTS Addendum No. I Issued: March 6, 2020 This addendum forms part of the Specifications and Contract Documents for the above referenced Project and modifies the original Specifications and Contract Documents. Bidder shall acknowledge receipt of this addendum in the space provided below and acknowledge receipt on the outer envelope in your bid. Failure to acknowledge receipt of this addendum could subject the bidder to disqualification. The Specifications and Contract Documents for City Project No. 101473-2 are hereby revised by Addendum No. 1 as follows: I. This addendum revises the Plan Holder Registration Instructions to the following: To the Plan Holder: By downloading Plan Holder Registration form to your computer, completing and emailing it to the City project manager or the design engineer, you help insure that you are kept up to date of any new information pertaining to this project such as addendums. The City project manager and design engineer are responsible to upload the Plans Holder Registration form into the Plan Holders folder on BIM360. Please email your Plan Holder Registration Form to: Maged Zaki Project Manager maged.zal(i@fortworthtexas.gov 817-392-5448 A-1 Addendum No. 1 2018 CIP Year 2, Contract 11 City Project No. 101473-2 Alex Martinez Design Engineer amartinez@azb-engrs.com 214-341-9900 1E. Construction Plans are revised as follows: 1. TYPICAL SECTION Sheets 45, 46, 49, and 52 are replaced with attached Sheets 45, 46, 49, and 52 Rev 1 L Note revised to state that stabilization under curb and gutter is to be 5" CTB or in place cement stabilization and is to be subsidiary to 6" concrete curb and gutter. 2. PAVING PLAN AND PROFILE Sheet 50 is replaced with attached Sheet 50 Rev 1 L Pavement width dimensions revised. 3. PAVING PLAN AND PROFILE Sheets 48 and 53-57 are replaced with attached Sheets 50 and 53-57 Rev 1 i. Sidewalk ramps revised as shown on plans. 4. PAVEMENT CONSTRUCTION DETAIL Sheets 69-71 are replaced with attached Sheets 69- 71Rev 1 L Notes added to state that 18" gutter within ramp limits is subsidiary to Barrier Free Ramp bid items and clarify pay limits for ramps. 5. PAVEMENT CONSTRUCTION DETAIL Sheet 75 is replaced with attached Sheet 7S Rev 1 i. Note added to state that 9" HMAC transition is to be subsidiary to 6" concrete curb and gutter bid item. 6. PAVEMENT CONSTRUCTION DETAIL Sheet 82 is added to the project L This sheet is a modified detail for Type R-1 curb ramps to clarify pay limits where the ramp is adjacent to the curb. Eli. Contract Documents are revised as follows: 1. SECTION 00 42 43, PROPOSAL FORM is deleted in its entirety and replaced via this addendum with Specification Section 00 42 43, Proposal Form, Addendum No. 1. 2. SECTION 00 45 12, PREQUALIFICATEON STATEMENT is deleted in its entirety and replaced via this addendum with Specification Section 0045 12, Prequalification Statement, Addendum No. 1. 3. SECTION 34 7113.01, Traffic Control Neighborhood Street Projects has recently been revised. The Contractor should read and become familiar with this section before bidding on the project. 4. THE FOLLOWING CLARIFICATION IS ISSUED FOR THE PROJECT: The stabilization process for cem-lime is identical to the process used for cement stabilization. This Addendum No_ 1 forms part of the Specifications & Contract Documents for the above referenced project and modifies the original Project Manual & Contract Documents of the same. Acknowledge your receipt of Addendum No. 1 by completing the requested information at the following locations: A-2 Addendum No.1 2018 CJP Year 2, Contract 11 City Project No. 101473-2 (1) In the space provided in Section 00 4100, Bid Form, Page 3 of 3 (2) Indicate in upper case letters on the outside of your sealed bid envelope" "RECEIVED AND ACKNOWLEDGED ADDENDUM NO. ?" Include a signed copy of Addendum No. 1 in the sealed bid envelope at the time of bid submittal. Failure to acknowledge receipt of Addendum No. 1 below could cause the subject bidder to be considered "NONRESPONSIVE", resulting in disqualification. RECEIPT ACKNOWLEDGED Chris Harder DIRECTOR WATER DEPARTMENT B By: .� McClendon Cgt Tony Sholo[a, PE Company: R®- Box_W9 Senior Capital Projects Officer A-3 Addendum No-1 2018 CIP Year 2, Contract 1.1 City Project No. 101473-2 CITY OF FORT WORTH, TEXAS WATER DEPARTMENT ADDENDUM NO.2 To the Specifications and Contract Documents For City Project No. 101473-2 UNIT 1— WATER UNIT 2 — SANITARY SEWER UNIT 3 — ASP"ALT PAVEMENT IMPROVEMENTS Addendum No. 2 Issued: March 10, 2020 This addendum forms part of the Specifications and Contract Documents for the above referenced Project and modifies the original Specifications and Contract Documents. Bidder shall acknowledge receipt of this addendum in the space provided below and acknowledge receipt on the outer envelope in your bid. failure to acknowledge receipt of this addendum could subject the bidder to disqualification. The Specifications and Contract Documents for City Project No.101473-2 are hereby revised by Addendum No. 2 as follows: Construction Plans are revised as follows: I. WATERLINE C PLAN AND PROFILE Sheets 10 and 11 are replaced with attached Sheets 10and 11Rev 1 i. Pipe material callout revised to specify DR-18 PVC water pipe. Contract Documents are revised as follows: 1. SECTION 00 4100, BID FORM Item 4.1 is revised to state: The Work will be complete for Final Acceptance within 310 calendar days after the date when the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 2. SECTION 00 42 43, PROPOSAL FORM is deleted in its entirety and replaced via this addendum with Specification Section 00 42 43, Proposal Form, Addendum No. 2. 3. SECTION 00 52 43, AGREEMENT Article 4. Contract Time, Item 4.1 Final Acceptance is revised to state: The Work will be complete for Final Acceptance within 310 calendar days after the date when the Contract Time commences to run, as provided in Paragraph 2.03 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. This Addendum No. 2 forms part of the Specifications & Contract Documents for the above referenced project and modifies the original Project Manual & Contract Documents of the same. A-1 Addendum No. 2 2018 CIP Year 2, Contract 11 City Project No.101473-2 Acknowledge your receipt of Addendum No. 2 by completing the requested information at the following locations: (3 ) In the space provided in Section 00 4100, Bid Form, Page 3 of 3 (2) Indicate in upper case letters on the outside of your sealed bid envelope" "RECEIVED AIVD ACI(NOWLEDGED ADDENDUM NO. 2" Include a signed copy of Addendum No, 2 in the sealed bid envelope at the time of bid submittal. Failure to acknowledge receipt of Addendum No. 2 below could cause the subject bidder to be considered "NONRESPONSIVE", resulting in disqualification. RECEIPT ACKNOWLEDGED Company: P®. Box 999 _ Burleson, TX i A-2 Chris Harder DIRECTOR WATER DEPARTMENT Tony Sholola, PE Senior Capital Projects Officer Addendum No. 2 2018 CI Year 2, Contract 11 City Project No. 101473-2 002113-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 6 00 - GENERAL CONDITIONS. 8 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided) makes an award. 22 23 2. Copies of Bidding Documents 24 25 2, 1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2. City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3< Prequalification of Bidders (Prime Contractors and Subcontractors) 33 34 3.1. All Bidders and their subcontractors are required to be prequalified for the work types 35 requiring Prequalification at the time of bidding. Bids received from contractors who are 36 not prequalified (even if inadvertently opened) shall not be considered. Prequalification 37 requirement work types and documentation are as follows: 38 39 3.1.1. Paving — Requirements document located at; 40 https://projectpoint.buzzsaw.corn/fortworthgov/Resources/02%20- 41 %20Constraction%2ODocuments/Contractor%2OPreguatiflcation/TPW%2OPaving 42%20Contractor%2OPregualification%2OProgram/PREQUALIFICATION%20REQ 43 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public 44 45 3.1.2. Roadway and Pedestrian Lighting — Requirements document located at; 46 haps://projectpoint.buzzsaw.com/fortworthgov/Resources/02%20- 47 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPaving 48 %20Contractor%2OPreq ualification%2OProgrmVPREQUALIFICATION%20REQ 49 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised August 2t, 2015 0021 13 - 2 INSTRUCTIONS TO BIDDERS Page 2 of 9 2 3.1.3. Water and Sanitary Sewer — Requirements document located at, 3 https://projectpoint.buzzsaw.conVfortworthgov/Resources/02%20- 4 %20Construction%2ODocuments/Contractor%o2OPregualification/Water%20and%2 5 OSanitary%2OSewer%o2OContractor%2OPrequalification%2OProgram/WSS%20p 6 dual%20requirements.do0public 7 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 PREQUALIFICATIONS. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 3.2.1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. 3.3. The City reserves the right to require any pre -qualified contractor who is the apparent low bidder(s) for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule, to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to deliver a duality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information, if requested, may be grounds for rejecting the apparent low bidder as non -responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3.4. In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.l . Before submitting a Bid, each Bidder shall: 4.1.1. Examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2, below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. CITY OF FORT WORTH 2O18 CIP Year 2, Contracl II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised August 21, 2015 002113-3 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." 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 constriction 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 2018 CIP Year 2, Contract I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised August 21, 2015 0021 13 - 4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.2. those drawings of physical. conditions in or relating to existing surface and 2 subsurface structures (except Underground Facilities) which are at or contiguous to 3 the site that have been utilized by City in preparation of the Contract Documents. 5 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 6 on request. Those reports and drawings may not be part of the Contract 7 Documents, but the "technical data" contained therein upon which Bidder is entitled 8 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 9 and established in Paragraph SC 4,02 of the Supplementary Conditions. Bidder is 10 responsible for any interpretation or conclusion drawn from any "technical data" or 11 any other data, interpretations, opinions or information. 12 13 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) 14 that Bidder has complied with every requirement of this Paragraph 4, (ii) that without 15 exception the Bid is premised upon performing and furnishing the Work required by the 16 Contract Documents and applying the specific means, methods, techniques, sequences or 17 procedures of construction (if any) that may be shown or indicated or expressly required 18 by the Contract Documents, (iii) that Bidder has given City written notice of all 19 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 20 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 21 etc., have not been resolved through the interpretations by City as described in 22 Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate 23 and convey understanding of all terms and conditions for performing and furnishing the 24 Work. 25 26 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 27 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 28 Paragraph 4.06, of the General Conditions, unless specifically identified in the Contract 29 Documents. 30 31 5. Availability of Lands for Work, Etc. 32 33 5. L The lands upon which the Work is to be performed, rights -of -way and easements for 34 access thereto and other lands designated for use by Contractor in performing the Work 35 are identified in the Contract Documents. All additional lands and access thereto 36 required for temporary construction facilities, construction equipment or storage of 37 materials and equipment to be incorporated in the Work are to be obtained and paid for 38 by Contractor. Easements for permanent structures or permanent changes in existing 39 facilities are to be obtained and paid for by City unless otherwise provided in the 40 Contract Documents. 41 42 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 43 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 44 of -way, easements, and/or permits are not obtained, the City reserves the right to cancel 45 the award of contract at any time before the Bidder begins any construction work on the 46 project. 47 CITY OF FORT WORTH 2O18 GIP Year 2, Conlract I I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 70I473-2 Revised August 21, 2015 002113-5 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, casements, 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 casements. 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: Maged 7caki, PE, PMP 22 Email: Maged.Zcaki@fortworthtexas.gov 23 Phone:817-392-5548 24 25 26 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by 27 City. 28 29 6.3. Addenda or clarifications may be posted via BIM 360 at 30 htt s: docs.b360.autodesk.com shares d52c8a95-c510-4e76-a33d-8de73f75815e. 31 32 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or 33 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 34 Project. Bidders are encouraged to attend and participate in the conference. City will 35 transmit to all prospective Bidders of record such Addenda as City considers necessary 36 in response to questions arising at the conference. Oral statements may not be relied 37 upon and will not be binding or legally effective. 38 39 7. Bid Security 40 41 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 42 (5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 43 the requirements of Paragraphs 5.01 of the General Conditions. 44 CITY OF FORT WORTH 2O18 C1P Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised August 21, 2015 0021 13 - 6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 2 have been satisfied. if the Successful Bidder fails to execute and deliver the complete 3 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 4 default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 5 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 6 other Bidders whom City believes to have a reasonable chance of receiving the award 7 will be retained by City until final contract execution. 8 9 8. Contract TSmes 10 The number of days within which, or the dates by which, Milestones are to be achieved in 11 accordance with the General Requirements and the Work is to be completed and ready for 12 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 13 attached Bid Form. 14 15 9. Liquidated Damages 16 Provisions for liquidated damages are set forth in the Agreement. 17 18 10. Substitute and "Or -Equal" Items 19 The Contract, if awarded, will be on the basis of materials and equipment described in the 20 Bidding Documents without consideration of possible substitute or "or -equal" items. 2.1 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or- 22 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 23 City, application for such acceptance will not be considered by City until after the Effective 24 Date of the Agreement. The procedure for submission of any such application by Contractor 25 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 26 Conditions and is supplemented in Section 0125 00 of the General Requirements. 27 28 11. Subcontractors, Suppliers and Others 29 30 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 31 12-2011 (as amended), the City has goals for the participation of minority business 32 and/or small business enterprises in City contracts. A copy of the Ordinance can be 33 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 34 SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor 35 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 36 Venture Form as appropriate. The Forms including documentation must be received 37 by the City no later than 2:00 P.M. CST, on the second business days after the bid 38 opening date. The Bidder shall obtain a receipt from the City as evidence the 39 documentation was received. Failure to comply shall render the bid as non- 40 responsive. 41 42 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 43 or organization against whom Contractor has reasonable objection. 44 4.5 12. Bid Form 46 47 12.1. The Bid Form is included with the Bidding Documents; additional copies maybe 48 obtained from the City. 49 CITY OF FORT WORTH 2O18 CIP Year $ Contract I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised August 21, 2015 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.2. Al] blanks on the Bid Form must be completed by printing in ink and the Bid Form 2 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 3 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 4 price item listed therein. In the case of optional alternatives, the words "No Bid," 5 "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, 6 written in ink in both words and numerals, for which the Bidder proposes to do the 7 work contemplated or furnish materials required. All prices shall be written legibly. 8 In case of discrepancy between price in written words and the price in written 9 numerals, the price in written words shall govern. 10 11 12.3. Bids by corporations shall be executed in the corporate name by the president or a 12 vice-president or other corporate officer accompanied by evidence of authority to 13 sign. The corporate seal shall be affixed. The corporate address and state of 14 incorporation shall be shown below the signature. 15 16 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 17 partner, whose title must appear under the signature accompanied by evidence of 18 authority to sign. The official address of the partnership shall be shown below the 19 signature. 20 21 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 22 member and accompanied by evidence of authority to sign. The state of formation of 23 the firm and the official address of the firm shall be shown. 24 25 12.6. Bids by individuals shall show the Bidder's name and official address. 26 27 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 28 indicated on the Bid Form. The official address of the joint venture shall be shown. 29 30 12.8. All names shall be typed or printed in ink below the signature. 31 32 12.9, The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 33 which shall be filled in on the Bid Form. 34 35 12.10. Postal and e-mail addresses and telephone number for communications regarding the 36 Bid shall be shown. 37 38 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 39 Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance 40 to State Law Non Resident Bidder. 41 42 13. Submission of Bids 43 Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, 44 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 45 addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed 46 envelope, marked with the City Project Number, Project title, the name and address of 47 Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent 48 through the mail or other delivery system, the sealed envelope shall be enclosed in a separate 49 envelope with the notation "BID ENCLOSED" on the face of it. 50 CITY OF FORT WORTH 2018 CIP Year 2, Cantrac! 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised August 21, 2015 0021 13 - 8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14. Modification and Withdrawal of Bids 2 3 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office 4 cannot be withdrawn prior to the time set for bid opening. A request for withdrawal 5 must be made in writing by an appropriate document duly executed in the manner 6 that a Bid must be executed and delivered to the place where Bids are to be submitted 7 at any time prior to the opening of Bids. After all Bids not requested for withdrawal 8 are opened and publicly read aloud, the Bids for which a withdrawal request has been 9 properly filed may, at the option of the City, be returned unopened. 10 11 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 12 time set for the closing of Bid receipt. 13 14 15. Opening of Bids 15 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 16 abstract of the amounts of the base Bids and major alternates (if any) will be made available 17 to Bidders after the opening of Bids. 18 19 16. Bids to Remain Subject to Acceptance 20 All Bids will remain subject to acceptance for the time period specified for Notice of Award 21 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 22 City's sole discretion, release any Bid and nullify the Bid security prior to that date. 23 24 17. Evaluation of Bids and Award of Contract 25 26 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 27 to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 28 and to reject the Bid of any Bidder if City believes that it would not be in the best 29 interest of the Project to make an award to that Bidder, whether because the Bid is 30 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 31 meet any other pertinent standard or criteria established by City. City also reserves 32 the right to waive informalities not involving price, contract time or changes in the 33 Work with the Successful Bidder. Discrepancies between the multiplication of units 34 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 35 between the indicated sum of any column of figures and the correct sum thereof will 36 be resolved in favor of the correct sum. Discrepancies between words and figures 37 will be resolved in favor of the words. 38 39 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 40 among the Bidders, Bidder is an interested party to any litigation against City, 41 City or Bidder may have a claim against the other or be engaged in litigation, 42 Bidder is in arrears on any existing contract or has defaulted on a previous 43 contract, Bidder has performed a prior contract in an unsatisfactory manner, or 44 Bidder has uncompleted work which in the judgment of the City will prevent or 45 hinder the prompt completion of additional work if awarded. 46 CITY OF FORT WORTH 2O18 CIP Year 2, Contract I I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised August 21, 2015 002113-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 2 other persons and organizations proposed for those portions of the Work as to which 3 the identity of Subcontractors, Suppliers, and other persons and organizations must 4 be submitted as provided in the Contract Documents or upon the request of the City. 5 City also may consider the operating costs, maintenance requirements, performance 6 data and guarantees of major items of materials and equipment proposed for 7 incorporation in the Work when such data is required to be submitted prior to the 8 Notice of Award. 10 17.3. City may conduct such investigations as City deems necessary to assist in the 1 I evaluation of any Bid and to establish the responsibility, qualifications, and financial 12 ability of Bidders, proposed Subcontractors, Suppliers and other persons and 13 organizations to perform and furnish the Work in accordance with the Contract 14 Documents to City's satisfaction within the prescribed time. 15 16 17.4. Contractor shall perform with his own organization, work of a value not less than 17 35% of the value embraced on the Contract, unless otherwise approved by the City. 18 19 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 20 responsive Bidder whose evaluation by City indicates that the award will be in the 21 best interests of the City. 22 23 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award 24 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 25 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 26 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 27 comparable contract in the state in which the nonresident's principal place of 28 business is located. 29 30 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 31 to be awarded, City will award the Contract within 90 days after the day of the Bid 32 opening unless extended in writing. No other act of City or others will constitute 33 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 34 the City. 35 36 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 37 38 18. Signing of Agreement 39 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 40 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 41 Contractor shall sign and deliver the required number of counterparts of the Agreement to 42 City with the required Bonds, Certificates of Insurance, and all other required documentation. 43 City shall thereafter deliver one fully signed counterpart to Contractor. 44 45 46 47 END OF SECTION CITY OF FORT WORTH 2O18 CIP Year 2, Contraci 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised August 21, 2015 003215-0 CONSTRUCTION PROGRESS SCHEDULE SECTION 00 32 15 CONSTRUCTION PROJECT SCHEDULE PART1- GENERAL 1.1 SUMMARY Page 1 of 10 A. Section Includes: 1. General requirements for the preparation, submittal, updating, status reporting and management of the Construction Project Schedule B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements D. Purpose The City of Fort Worth (City) is committed to delivering quality, cost-effective infrastructure to its citizens in a timely manner. A key tool to achieve this purpose is a properly structured schedule with accurate updates. This supports effective monitoring of progress and is input to critical decision making by the project manager throughout the life of the project. Data from the updated project schedule is utilized in status reporting to various levels of the City organization and the citizenry. This Document complements the City's Standard Agreement to guide the construction contractor (Contractor) in preparing and submitting acceptable schedules for use by the City in project delivery. The expectation is the performance of the work follows the accepted schedule and adhere to the contractual timeline. The Contractor will designate a qualified representative (Project Scheduler) responsible for developing and updating the schedule and preparing status reporting as required by the City. 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 2. Non-compliance with this specification is grounds for City to withhold payment of the Contractor's invoices until Contractor achieves said compliance. 1.3 REFERENCES A. Project Schedules Each project is represented by City's master project schedule that encompasses the entire scope of activities envisioned by the City to properly deliver the work. When the City contracts with a Contractor to perform construction of the Work, the Contractor CITY OF FORT WORTH 2018 CIP Year 2, Contract 1 i STANDARD SPECIFICATION CityProject No. 101473-2 Revised JULY 20, 2018 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 2 of] 0 will develop and maintain a schedule for their scope of work in alignment with the City's standard schedule requirements as defined herein. The data and information of each such schedule will be leveraged and become integral in the master project schedule as deemed appropriate by the City's Project Control Specialist and approved by the City's Project Manager. Master Project Schedule The master project schedule is a holistic representation of the scheduled activities and milestones for the total project and be Critical Path Method (CPM) based. The City's Project Manager is accountable for oversight of the development and maintaining a master project schedule for each project. When the City contracts for the design and/or construction of the project, the master project schedule will incorporate elements of the Design and Construction schedules as deemed appropriate by the City's Project Control Specialist. The assigned City Project Control Specialist creates and maintains the master project schedule in P6 (City's scheduling software). 2. Construction Schedule The Contractor is responsible for developing and maintaining a schedule for the scope of the Contractor's contractual requirements. The Contractor will issue an initial schedule for review and acceptance by the City's Project Control Specialist and the City's Project Manager as a baseline schedule for Contractor's scope of work. Contractor will issue current, accurate updates of their schedule (Progress Schedule) to the City at the end of each month throughout the life of their work. B. Schedule Tiers The City has a portfolio of projects that vary widely in size, complexity and content requiring different scheduling to effectively deliver each project. The City uses a "tiered" approach to align the proper schedule with the criteria for each project. The City's Project Manager determines the appropriate schedule tier for each project, and includes that designation and the associated requirements in the Contractor's scope of work. The following is a summary of the "tiers". 1. Tier 1: Small Size and Short Duration Project (design not required) The City develops and maintains a Master Project Schedule for the project. No schedule submittal is required from Contractor. City's Project Control Specialist acquires any necessary schedule status data or information through discussions with the respective party on an as -needed basis. 2. Tier 2: Small Size and Short to Medium Duration Project The City develops and maintains a Master Project Schedule for the project. The Contractor identifies "start" and "finish" milestone dates on key elements of their work as agreed with the City's Project Manager at the kickoff of their work effort. The Contractor issues to the City, updates to the "start" and "finish" dates for such milestones at the end of each month throughout the life of their work on the project. 3. Tier 3: Medium and Large Size and/or Complex Projects Regardless of Duration The City develops and maintains a Master Project Schedule for the project. The Contractor develops a Baseline Schedule and maintains the schedule of their respective scope of work on the project at a level of detail (generally Level 3) and in CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD SPECIFICATION City Project No. 101473-2 Revised 3ULY 20, 2018 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 10 alignment with the WBS structure in Section 1.4.11 as agreed by the Project Manager. The Contractor issues to the City, updates of their respective schedule (Progress Schedule) at the end of each month throughout the life of their work on the project. C. Schedule Types Project delivery for the City utilizes two types of schedules as noted below. The City develops and maintains a Master Project Schedule as a "baseline" schedule and issue monthly updates to the City Project Manager (end of each month) as a "progress" schedule. The Contractor prepares and submits each schedule type to fulfill their contractual requirements. 1. Baseline Schedule The Contractor develops and submits to the City, an initial schedule for their scope of work in alignment with this specification. Once reviewed and accepted by the City, it becomes the "Baseline" schedule and is the basis against which all progress is measured. The baseline schedule will be updated when there is a change or addition to the scope of work impacting the duration of the work, and only after receipt of a duly authorized change order issued by the City. In the event progress is significantly behind schedule, the City's Project Manager may authorize an update to the baseline schedule to facilitate a more practical evaluation of progress. An example of a Baseline Schedule is provided in Specification 00 3.2 15.1 Construction Project Schedule Baseline Example. Progress Schedule The Contractor updates their schedule at the end of each month to represent the progress achieved in the work which includes any impact from authorized changes in the work. The updated schedule must accurately reflect the current status of the work at that point in time and is referred to as the "Progress Schedule". The City's Project Manager and Project Control Specialist reviews and accepts each progress schedule. In the event a progress schedule is deemed not acceptable, the unacceptable issues are identified by the City within 5 working days and the Contractor must provide an acceptable progress schedule within 5 working days after receipt of non -acceptance notification. An example of a Progress Schedule is provided in Specification 00 32 15.2 Construction Project Schedule Progress Example. 1.4 CITY STANDARD SCHEDULE REQUIREMENTS The following is an overview of the methodology for developing and maintaining a schedule for delivery of a project. A. Schedule Framework The schedule will be based on the defined scope of work and follow the (Critical Path Methodology) CPM method. The Contractor's schedule will align with the requirements of this specification and will be cost loaded to reflect their plan for execution. Overall schedule duration will align with the contractual requirements for the respective scope of work and be reflected in City's Master Project Schedule. The Project Number and Name of the Project is required on each schedule and must match the City's project data. B. Schedule File Name CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD SPECIFICATION CityProject No. 101473-2 Revised JULY 20, 2018 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 10 All schedules submitted to the City for a project will have a file name that begins with the City's project number followed by the name of the project followed by baseline (if a baseline schedule) or the year and month (if a progress schedule), as shown below. • Baseline Schedule File Name Format: City Project Number _Project Name_Baseline Example: 101376 North Montgomery Street HMAC Baseline • Progress Schedule File Name Format: City Project Nunaber_Project Name_YYYY-MM Example: 101376 North Montgomery Street HMAC 2018_01 • Project Schedule Progress Narrative File Name Format: City Project Number_Project Name_PN_YYYY-MM Example: 101376 North Montgomery Street HMAC PN 2018 01 C. Schedule Templates The Contractor will utilize the relevant sections from the City's templates provided in the City's document management system as the basis for creating their respective project schedule. Specifically, the Contractor's schedule will align with the layout of the Construction section. The templates are identified by type of project as noted below. • Arterials • Aviation • Neighborhood Streets • Sidewalks (later) • Quiet Zones (later) • Street Lights (later) • Intersection Improvements (later) • Parks • Storm water • Street Maintenance • Traffic • Water D, Schedule Calendar The City's standard calendar for schedule development purposes is based on a 5-day workweek and accounts for the City's eight standard holidays (New Years, Martin Luther King, Memorial, Independence, Labor, Thanksgiving, day after Thanksgiving, Christmas). The Contractor will establish a schedule calendar as part of the schedule development process and provide to the Project Control Specialist as part of the basis for their schedule. Variations between the City's calendar and the Contractor's calendar must be resolved prior to the City's acceptance of their Baseline project schedule. E. WBS & Milestone Standards for Schedule Development The scope of work to be accomplished by the Contractor is represented in the schedule in the form of a Work Breakdown Structure (WBS). The WBS is the basis for the development of the schedule activities and shall be imbedded and depicted in the schedule. CITY OF FORT WORTH 2O18 CIP Year 2, Contract I I STANDARD SPECIFICATION City Project No. 101473-2 Revised JUI Y 20, 2018 0032 15 - 0 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 10 The following is a summary of the standards to be followed in preparing and maintaining a schedule for project delivery. 1. Contractor is required to utilize the City's WBS structure and respective project type template for "Construction" as shown in Section 1.4.H below. Additional activities may be added to Levels 1 - 4 to accommodate the needs of the organization executing the work. Specifically the Contractor will add activities under WBS XXXXXX.80.83 "Construction Execution" that delineates the activities associated with the various components of the work. 2. Contractor is required to adhere to the City's Standard Milestones as shown in Section l .4.I below. Contractor will include additional milestones representing intermediate deliverables as required to accurately reflect their scope of work. F. Schedule Activities Activities are the discrete elements of work that make up the schedule. They will be organized under the umbrella of the WBS. Activity descriptions should adequately describe the activity, and in some cases the extent of the activity. All activities are logically tied with a predecessor and a successor. The only exception to this rule is for "project start" and "project finish" milestones. The activity duration is based on the physical amount of work to be performed for the stated activity, with a maximum duration of 20 working days. If the work for any one activity exceeds 20 days, break that activity down incrementally to achieve this duration constraint. Any exception to this requires review and acceptance by the City's Project Control Specialist. G. Change Orders When a Change Order is issued by the City, the impact is incorporated into the previously accepted baseline schedule as an update, to clearly show impact to the project timeline. The Contractor submits this updated baseline schedule to the City for review and acceptance as described in Section 1.5 below. Updated baseline schedules adhere to the following: 1. Time extensions associated with approved contract modifications are limited to the actual amount of time the project activities are anticipated to be delayed, unless otherwise approved by the Program Manager. 2. The re-bas.elined schedule is submitted by the Contractor within ten workdays after the date of receipt of the approved Change Order. 3. The changes in logic or durations approved by the City are used to analyze the impact of the change and is included in the Change Order. The coding for a new activity(s) added to the schedule for the Change Order includes the Change Order number in the Activity ID. Use as many activities as needed to accurately show the work of the Change Order. Revisions to the baseline schedule are not effective until accepted by the City. H. City's Work Breakdown Structure CM OF FORT WORTH 2O18 CIP Year 1, Contract 11 STANDARD SPECIFICATION City Project No. 101473-2 Revised JULY 20, 2018 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 6 of 10 WBS Code WBS Name XXXXXX Project Name XXXXXX.30 Design XXXXXX.30.10 Design Contractor Agreement XXXXXX.30.20 Conceptual Design (30%) XXXXXX.30.30 Preliminary Design (60%) XXXXXX.30.40 Final Design XXXXXX.30.50 Environmental XXXXXX.30.60 Permits XXXXXX.30.60.10 Permits - Identification XXXXXX.30.60.20 Permits - Review/Approve XXXXXX.40 ROW & Easements XXXXXX.40.10 ROW Negotiations XXXXXX.40.20 Condemnation XXXXXX.70 Utility Relocation XXXXXX.70.10 Utility Relocation Co-ordination XXXXXX.80 Construction XXXXXX.80.81 Bid and Award XXXXXX.80.83 Construction Execution XXXXXX.80.85 Inspection XXXXXX.80.86 Landscaping XXXXXX.90 Closeout XXXXXX.90.10 Construction Contract Close-out XXXXXX.90.40 Design Contract Closure 1. City's Standard Milestones The following milestone activities (i.e., important events on a project that mark critical points in time) are of particular interest to the City and must be reflected in the project schedule for all phases of work. Activity ID Activity Name Design 3020 Award Design Agreement 3040 Issue Notice To Proceed - Design Engineer 3100 Design Kick-off Meeting 3120 Submit Conceptual Plans to Utilities, ROW, Traffic, Parks, Storm Water, Water & Sewer 3150 Peer Review Meeting/Design Review meeting (technical) 3160 Conduct Design Public Meeting #1 (required) 3170 Conceptual Design Complete 3220 Submit Preliminary Plans and Specifications to Utilities, ROW, Traffic, Parks, Storm Water, Water & Sewer 3250 Conduct Design Public Meeting #2 (required) 3260 Preliminary Design Complete CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD] SPECIFICATION City Project No. 101473-2 Revised DULY 20, 2018 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 7 of 10 3310 Submit Final Design to Utilities, ROW, Traffic, Parks, Storm Water, Water & Sewer 3330 Conduct Design Public Meeting #3 (if required) 3360 Final Design Complete ROW & Easements 4000 Right of Way Start 4230 Right of Way Complete Utility Relocation 7000 Utilities Start 7120 Utilities Cleared/Complete Construction Bid and Award 8110 Start Advertisement 8150 Conduct Bid Opening 8240 Award Construction Contract Construction Execution 8330 Conduct Construction Public Meeting #4 Pre -Construction 8350 Construction Start 8370 Substantial Completion 8540 Construction Completion 9130 Notice of Completion/Green Sheet 9150 Construction Contract Closed 9420 Design Contract Closed 1.5 SUBMITTALS A. Schedule Submittal & Review The City's Project Manager is responsible for reviews and acceptance of the Contractor's schedule. The City's Project Control Specialist is responsible for ensuring alignment of the Contractor's baseline and progress schedules with the Master Project Schedule as support to the City's Project Manager. The City reviews and accepts or rejects the schedule within ten workdays of Contractor's submittal. I . Schedule Format The Contractor will submit each schedule in two electronic forms, one in native file format (.xer, .x►nl, .mpx) and the second in a pdf format, in the City's document management system inn the location dedicated for this purpose and identified by the Project Manager. In the event the Contractor does not use Primavera P6 or MS Project for scheduling purposes, the schedule information must be submitted in .xis or .xlsx format in compliance with the sample layout (See Specification 00 32 115.1 Construction Project Schedule Baseline Example), including activity predecessors, successors and total float. 2. Initial & Baseline Schedule The Contractor will develop their schedule for their scope of work and submit their initial schedule in electronic form (in the file formats noted above), in the City's document management system in the location dedicated for this purpose within ten workdays of the Notice ofA ward. CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD SPECIFICATION City Projec! No. 101473-2 Revised DULY 20, 2018 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 8 of 10 The City's Project Manager and Project Control Specialist review this initial schedule to determine alignment with the City's Master Project Schedule, including format & WBS structure. Following the City's review, feedback is provided to the Contractor for their use in finalizing their initial schedule and issuing (within five workdays) their Baseline Schedule for final review and acceptance by the City. 3. Progress Schedule The Contractor will update and issue their project schedule (Progress Schedule) by the last day of each month throughout the life of their work on the project. The Progress Schedule is submitted in electronic form as noted above, in the City's document management system in the location dedicated for this purpose. The City's Project Control team reviews each Progress Schedule for data and information that support the assessment of the update to the schedule. In the event data or information is missing or incomplete, the Project Controls Specialist communicates directly with the Contractor's scheduler for providing same. The Contractor re -submits the corrected Progress Schedule within 5 workdays, following the submittal process noted above. The City's Project Manager and Project Control Specialist review the Contractor's progress schedule for acceptance and to monitor performance and progress. The following list of items are required to ensure proper status information is contained in the Progress Schedule. • Baseline Start date • Baseline Finish Date • % Complete • Float • Activity Logic (dependencies) • Critical Path • Activities added or deleted • Expected Baseline Finish date • Variance to the Baseline Finish Date B. Monthly Construction Status Report The Contractor submits a written status report (referred to as a progress narrative) at the end of each month to accompany the Progress Schedule submittal, using the standard format provided in Specification 00 32 15.3 Construction Project Schedule Progress Narrative. The content of the Construction Project Schedule Progress Narrative should be concise and complete to: • Reflect the current status of the work for the reporting period (including actual activities started and/or completed during the reporting period) • Explain variances from the baseline on critical path activities • Explain any potential schedule conflicts or delays .• Describe recovery plans where appropriate • Provide a summary forecast of the work to be achieved in the next reporting period. C. Submittal Process CITY OF FORT WORTH 2O18 CIP Year 2, Contract I I STANDARD SPECIFICATION City Project No. 101473-2 Revised 7ULY 20, 2018 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 9 of 10 o Schedules and Monthly Construction Status Reports are submitted in Buzzsaw following the steps outlined in Specification 00 32 15.4 Construction Project Schedule Submittal Process. 6 Once the project has been completed and Final Acceptance has been issued by the City, no further progress schedules or construction status reports are required from the Contractor. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. The person preparing and revising the Contractor's Project Schedule shall be experienced in the preparation of schedules of similar complexity. B. Schedule and supporting documents addressed in this Specification shall be prepared, updated and revised to accurately reflect the performance of the Contractor's scope of work. C. The Contractor is responsible for the quality of all submittals in this section meeting the standard of care for the construction industry for similar projects. 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] 1.13 ATTACHMENTS Spec 00 32 15.1 Construction Project Schedule Baseline Example Spec 00 32 15.2 Construction Project Schedule Progress Example Spec 00 32 15.3 Construction Project Schedule Progress Narrative Spec 00 32 15.4 Construction Project Schedule Submittal Process PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION CITY OF FORT WORTH 2O18 C1P Year 2, Contract 11 STANDARD SPECIFICATION City Project No. 101473-2 Revised JULY 20, 2018 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 10 of 10 Revision Log DATE NAME SUMMARY OF CHANGE July 20, 2018 M. Jarrell Initial Issue CITY OF FORT WORTH 2018 CIP Year 2, Contract I STANDARD SPECIFICATION City Project No. 101473-2 Revised JULY 20, 201 S 003215.1-0 CONSTRUCTION PROGRESS SCHEDULE — BASELINE EXAMPLE Page 1 of 5 SECTION 00 32 15.1 CONSTRUCTION PROJECT SCHEDULE — BASELINE EXAMPLE PART1- GENERAL The following is an example of a Contractor's project schedule that illustrates the data and expectation for schedule content depicting the baseline for the project. This version of the schedule is referred to as a "baseline" schedule. This example is intended to provide guidance for the Contractor when developing and submitting a baseline schedule. See CFW Specification 00 32 15 Construction Project Schedule for details and requirements regarding the Contractor's project schedule. CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRICTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised JULY 20, 2019 00 32 15.1 - 0 CONSTRUCTION PROGRESS SCHEDULE — BASELINE EXAMPLE Page 2 of 5 - ----------- f-------- +, +,--------------------;---------- -- ------ ---- - ----- - - c,46 _ ;. r ' Ir # ? ea • ------------- = ---i r � = I I --r--- Y I r r - r t { -1 -1"-"-- 1 ,.._ ------"-i--"-----"-1------"---g--" -i•- -------- i------- .......... ............... ._ .._ —_.t...._ -i•_•. --------- to I lu •+ C] 4 rA • R 1 IF ;F+•r' �l� �I ^"' C 'l /1 I'� I'Yli� r•F � ra. iY +'Y 'p" +1 � '�" Yr. F� �Tj p `tl iCt ig}p O�+� '� 8,r r�,l. Ifl'�i wi � [l {} +3 � � t•1 Fr � � W h'� Oi CaJ �{ i l� � i3�� �`'� � � R: �R��f R �, :i � 7 ;•l «� nx n�.i �, dt @ ., W d0'rP Y A qY• m'�i •� 'I .. MI •, y, r !2�. nt �, m o1s Q Ci AS .a M1 W 'n [•y1i r P y } 77 1J YL r, 71 2 ` A Yl rL r�}L � �r ;� � �. 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U $ 1 c� pl y u : 4 61 l l a y I }y€$� '' i ��' I6 § I P •�}� i € �}n4� L+y Fyn �iAt'n �_II� '14 �[� � d�� j' •t1F ti �t �� Fn � �'#'i �i G �J � ,r] �i:xlR n nI +h sa"a ~ ova o n i3:o c cr fa Qla :I � � � �.ii y � f�1f 7 4 +� # Ai M -, :i � n rF ,�i� rs :. �• nlmh CITY OF FORT WORTH 2018 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised 7ULY 20, 2018 0032 15.1-0 CONSTRUCTION PROGRESS SCHEDULE — BASELINE EXAMPLE Page 4 of 5 F-4 Coif L ---------- ---------- tir ---------- o 14 S!M n 0 -61 ui Z E ry R� 00) CITY OF FORT WORTH 2018 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 1014732 Revised JULY 20, 2018 0032 15.1 - 0 CONSTRUCTION PROGRESS SCHEDULE — BASELINE EXAMPLE Page 5 of 5 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE July 20, 2018 M. Jarrell Initial Issue CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICA`1'ION DOCUMENTS City Project No. 101473-2 Revised JULY 20, 2018 0032 15.2 - 0 CONSTRUCTION PROGRESS SCHEDULE — PROGRESS EXAMPLE Page 1 of 4 SECTION 00 32 15.2 CONSTRUCTION PROJECT SCHEDULE — PROGRESS EXAMPLE PART1- GENERAL The following is an example of a Contractor's project schedule that illustrates the data and expectation for schedule content depicting the progress for the project. This version of the schedule is referred to as a "progress" schedule. This example is intended to provide guidance for the Contractor when developing and submitting a progress schedule. See CFW Specification 00 32 15 Construction Project Schedule for details and requirements regarding the Contractor's project schedule. 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C ! u CD fit -r Nj5, C7tEL CITY OF PORT WORTH 2O18 CIP Year 2, Contract I I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised JULY 20, 2018 0032 15.2 - 0 CONSTRUCTION PROGRESS SCHEDULE— PROGRESS EXAMPLE Page 4 of 4 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE July 20, 2018 M. Jarrell Initial Issue CITY OF FORT WORTH 2O18 CIP Year 2, Contract II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised JULY 20, 2018 00 32 15.3 - 0 — PROGRESS NARRATTVE Page 1 of 1 SECTION 00 32 15.3 CONSTRUCTION PROJECT SCHEDULE PROGRESS NARRATIVE Reporting Period: pate Issued: Project Name: Company Name: City Project No: Engineer's Project No: City Project Manager: Engineer's Project Manager: A. List of activities accomplished in the reporting period. 1. (insert text here) 2. (insert text here) 3. (insert text here) 4. (insert text here) 5. (insert text here) 6. (insert text here) B. List of activities to be accomplished in the next reporting period 1. (insert text here) 2. (insert text here) 3. (insert text here) 4. (insert text here) 5. (insert text here) 6. (insert text here) C. List any potential delays and provide mitigation actions 1. (insert text here) 2. (insert text here) 3. (insert text here) D. List any actual aeiays ana proviae recovery actions 1. (insert text here) 2. (insert text here) 3. (insert text here) City of Fort Worth, Texas Construction Project Schedule Narrative Report for CFW Projects 2018 CIP Year 2, Contract 10 TPW Official Release Date: 7.20.2018 City Project No. 101473 Page 1 of 1 0032 15.4 - 0 CONSTRUCTION PROGRESS SCIIEDULE — SUBMITTAL PROCESS Page I of 7 SECTION 00 32 15.4 CONSTRUCTION PROJECT SCHEDULE SUBMITTAL PROCESS PART1- GENERAL The following information provides the process steps for the Contractor to follow for submitting a project baseline or progress schedule for a capital project to the City of Fort Worth. See CFW Specification 00 32 I5 Construction Project Schedule for details and requirements regarding the Contractor's project schedule. If you are not a registered CFW Buzzsaw user, please email or contact: Fred Griffin, Buzzsaw Administrator City of Fort Worth Fred.Griffin@fortworthgov.org 817-392-8868 Using your registered username and password log into the City's Buzzsaw Site https:l/projecti)oint.buzzsaw.com/client/fortworthgov =a. 1 } r _.-0 W .4 "+ I 6 Navigate to your Project Folder. Verify that your Project ID and Project Name are consistent with Project Folder Name. Navigate to the Schedule Directory under your Project Folder. The 0070 1 -Flaxseed Drainage Improvements project is used for illustration. CITY OF FORT WORTH 2O18 CIP Year 2, Contract l l STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-1 Revised JULY 20, 2018 00 32 15.4 - 0 CONSTRUCTION PROGRESS SCHEDULE—SUBMr1-rAL PROCESS Page 2 of 7 Ef- Wr Few Bob Ali 'Jul mow R] I ' X 'd 3t : S �3r rv.l ,J : - 6rl' W - I I Ralad ��wov � ..' 1yI .— OP.7P1-r'+�-a�e�i 0rniiage SmProv. r_r- -r,crc'. I Lilla• ,TVL' y�bid fom+s �Sd lndex.xls Fred Gdit €6,334 KaosoftExcelW... *;• Lj Bid Re:pot� Conotrucbon M [ j Co mlraits Contractor C1 Corfmonderwe J P. V General ContrwDowmWs artl51 C1 Pr*dDrarFrys L:J Aac Mee&rgs ReANOpertY I• CJ J LJ U01.,e1 i 00705 -Urban Ylages Central Ckuster t + b W705-L4ban Wages Central Ckstar: .. ji 00706 -Lrban Mayes SE Ckarter Deny '+ De70G -urban via= SE C@nter hoar • 007M-Sanitary Sewer Rehab Corstrae 00755-MesgAte Rd 2004 CIPYM 111 • {3 OOM -Dirks Road-BryantLvii to Grp • 0077E -Lebow C wnd i 00706- Summer Creek &Syca eSdS O07B7-Grar&ry Road-Atamem to r a mm-. Y.,r F44• P., Ir4n.rnt tu+v Ir.l lg4.. r..r. 5umw tm� h7se rh": 1Hwft doml3 04 •d!IRM mod' Two files will be uploaded for each submittal. A native schedule file format either Primavera .xer or MS Project .mpp and a PDF version of the schedule will be uploaded Verify that the file name contains the 5-digit Project ID, Project Name, and Submittal Date and follows the standard naming convention. Initial schedule submittal will be labeled as `Baseline' for example: 00701-FlaxseedDrainagelmprovemepts-Baseline Schedule submittal updates will be labeled with Schedule Submittal Date `YYYY MM' for example: 00701-FlaxseedDrainagelmprovements-2009_01 Expand or select the Schedules folder and add both the native file and PDF file to the directory. From the Toolbar Select ' lAdd Document CITY OF FORT WORTH 2018 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised JULY 20, 2018 0032 15.4 - 0 CONSTRUCTION PROGRESS SCHEDULE— SUBMITTAL PROCESS Page 3 of 7 Nr a& View TWI nogg hit- -9tN a>F Prod • rml t'4 �] Noter— LinV 60701- Flaxseed Drrwgr bWovemeFA r i] Folder -_-I Bid Forms �j Bid Responses .+. _.I ConstrucBon lmjpu C.'Rants { 3 Conlraetor LJ Correspondence L+ Genera€ Contract rpotuments and Speo 13 Project Draws,gs M-Cj Public Meetings .L--47-1 Real Prq{ rty Schedules Index.As [1 Uttrties u. 00705 -Urban villages central Clow Sor 4 IN DOM - Lkban VBages Central Cbtster San 1.: 00706 - {kban VMMes SE CJ ester BErryiiM1 1.. 00706 - ttrban YAages SE Clu ster Near Eat 00730 - Sarr itary Sewer Rehab Contract u p: 00755 - Mesquite Rd 2g04 CIP Year 1(Des 1.' V1 00768 - Lift Road - Bryant kvin to Granb It 00778 - Lebow channel 00766-Summer Creek&Sycamore Sdmal y f o41e.r 2red Griffin 16,381E Kxmofi Select Browse and go to the location of the files on your desktop. Select Open �� d,xarlwRd lq d U11Jy MANCL Mrs WLV. Wo 4hu dd m somw,ert Prprte laaw�.. , —r oen,me„�a A{trrh{h,.rwA AMR" Men o 4reL— — 5knd RLd Uborcmt Lm1uM � r4elcEm ry*J a.. � �, r MrDooments Hmf kL rsr.9ra1.2r Pya 7 i Me Player 1�y 16cwA Lk`ta+Qd Mj10Mork Places 1DActive Proiects '[)Bwr&gPass.pdf ✓LiUeAvobat8Praf6slonar I5u .. CDs BDVDs Clear7ype7uv,g dru 2saw 2008 DC" Record Edit Pra De mw CHM HILL Val gJcnlssrva,d PPW Exam Sin 7.1 rhzia Ckent gj}Crystal Reports 1008 C ogre Earth Defl Quick Reference G uide.pdf rvphotosmart Express rt#t O'Dlskpefragmentsr rd} ue lei '-tF' PhPtosmart Prerraer F.ee Sand Retarder t-F Sok,tton Center ' 'reeSar,Nteoorder.eze La itopSenrRy ati Ca{µyrr I.T'ltane5 yySV9ii.�G wrosoft VHio Var:Jon 20D2 Dme out eBoaf &NetMee" F rae`�rr,k Fti ray - Facer e+i His'-4 h"; K�l7di4-! I �. � J The file will appear in the Buzzsaw Add to Project — Select Documents window Select Next. C iTY OF FORT WORTH 2O18 CIP Year 2, Contract I 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised JULY 20, 2018 003215A-0 CONSTRUCTION PROGRESS SCHEDULE — SUBMITTAL PROCESS Page 4 of 7 Do not select Finish at this time. �dr:r donmorx ID odd ho LFa pm;[xeb slla You can also&Mbb a fh&f h tRe"1se (tM1Wri4. boc mends ALL`GQNfleit Fichwm mt LucalM Molt... 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CITY OF FORT WORTH 2018 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CityProject No. 101473-2 Revised JULY 20, 2018 00321S.4-0 CONSTRUCTION PROGRESS SCHEDULE —SUBMITTAL PROCESS Page 6 of 7 cd EJ RNI "*110 Gffw l rmmlterc m4;R'q "mm of the nev0i updhled *A- Till rri411 Nrtmal k6tt t}"itpnts k� A1L.Lh CdrwhMt % �I - + r�+jerld Emma Ip„' I r dGriffin i _.Jr �1eli6m flab - — �t.-.I PrajWContrdsTeam SL6 tll 00701-Ffax�eedDrainaoelmorovements-Hasefine fram +Company Name` Name Phone SchedA SubrrittA fram'Company Name far SYAdS performed up to January 31, 2009 NarP2 I. Fkfth 1 corAd reel I The schedule file is uploaded to the directory. An email is sent to the City's Project Manager and Project Control Specialist. rye yil �.� tie ihb _ ,k a1 . hk - fib . X ' P U Z7 } rl� .+i ; . ' ry yIF• [ 'iL •a II . __:L IILI'. ..4.IJ.__-'r —:— ZaWiwIIIL.wi.idl� F1rYfYiq - r.ix4. .'13 00701•Fl—d MainneSmprOmsa,�Jn r a Cj id Fm _ • Q Sd Resp—s ,1 L'J Caa b—ban y Q Cmvbarlta :--M CmaV do C) Carr wderce • IC�al CnmrmtDm b a d SP03 .' C1 Pd k we fts + QReal Nr LY S&&kk3 �tfi�ifFa�edornnapelr,prmrc• 1?J. SdwdtAes Irdex.xls ULMEes 4' Q'f OD705 -U bb- VOages a-tra Ckmta Sa F WnS -libel Vilawl !CMtrai Cknler Sept I. OD706-L4ban VF m Sf Ck6w&Fryer Xf 00706-Lkt—VAWO SE CL ter Near Ea 00730 -Sanitary Sewer Rehab Cmtr.tL, OD755-ARsgate Rd 2004 CIP Ye 1 %n 00765 -Mks Rued-E#yantlrvaF trt CYart I 00779-Leb�. M-A Upload the PDF file using the same guideline. ,b1136�2 Virtu Fred Gdffm L6,364 Fr ft Exce14., IV211 , 5 jA.Dt31aa . 74,250 XM Me MAW 4: F• END OF SECTION CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised DULY 20, 201 S 0032 IS.4 - 0 CONSTRUCTION PROGRESS SCHEDULE — SUBMITTAL PROCESS Page 7 of 7 Revision Log DATE NAME SUMMARY OF CHANGE July 20, 2018 M. Jarrell Initial Issue CITY OF FORT WORTH 2O18 CIP Year 2, Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised JULY 20, 2018 003513 CONFLICT OF INTEREST STATEMENT" Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent (hereinafter referred to as "You") to a City of Fort Worth procurement may be required to complete a Conflict of Interest Questionnaire (the attached CIQ Form) and/or a Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) pursuant to state law. You are urged to consult with counsel regarding the applicability of these forms to your company. The referenced forms may be downloaded from the links provided below. http:/Iwww.ethics. state.t K. ustforms/C I Q.pdt hfti)://www.ethics.state.tx.us/forms/CIS.pdf ❑ CIQ Form does not apply ❑ CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form does not apply 0 CIS Form is on File with City Secretary ❑ CIS Form is being prodded to the City Secretary McClendon Construction Co, Inc Burleson, TX 7E097 END OF SECTION By: DQGcendon Si9nature: 6 Title: President CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2018 CIP Year2, Contract 11 Form Revised 20171109 City Project No. 101472-2 00 41 00 BID FORM Page 1 of 3 TO: The Purchasing Manager clo: The Purchasing Division 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: City Project No.: 101473-2 SECTION 00 41 00 BiD FORM 2018 CIP Year 2, Contract 11 Various City Streets Units/Sections. Unit 1 Water Improvement Unit 2 Sanitary Sewer Improvement Unit 3 Paving Improvement 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award- 2-3- Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation_ 2.4_ Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process- b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non- competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2018 GIP Year2, Contract 11 Form Revised 20150821 City Project No. 101473-2 0041 00 BID FORM Page 2 of 3 d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification NIA 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 310 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. Total Bid $2,602,441.50 7. Bid Submittal This Bid is submitted on 03/12/2020 by the entity named below. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2019CIV Year2. Contract II Form Revised 20150821 City Project No. 101473-2 Respec ally S�bmitted, By: (Signature) Dan McClendon Title: President Company: McClendon Construction Co, Inc Address: PO Box 999 Burleson, TX 76097 State of Incorporation: Texas Email: in mcelendonconstruction,com Phone: 817/295-0066 END OF SECTION 00 41 00 BID FORM Page 3 of 3 Receipt is acknowledged of the following Addenda: Initial Addendum No. 1: DM Addendum No. 2: DM Addendum No. 3: Addendum No. 4: Corporate Seal: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 2018 CtP Year 2, Contract 11 City Project No. 101473-2 UNIT PRICE BID SECTION 00 42 43 PROPOSALFORM Project Item Information oo 42 43 BIDPROPOSAL Pagel o£11 Kidder's Application Bidder's Proposal Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Sid Value Unit 1: Water Improvement I 24" PVC DR-18 Water Pipe 331112 LF 660 $220.00 $145,200.00 1 B 24" DIP Water (Restrained Joints) 3311 10 LF 660 1 C 24" Concrete AWWA G303 Water Pipe (Restrained Joints) 3311 13 LF 660 2 8" PVC Water Pipe 3311 12 LF 1,827 $92.00 $168.084.00 3 6" PVC Water Pipe 3311 12 LF 62 $90.00 $5,580.00 4 Ductile Iron Fittings 3311 11 TOLE 5 $10,000.00 $50,000-00 413 Ductile Iron Fittings w/ Restraint (For 24") 3311 11 LS 1 4C C303 Fittings (for 24") 3311 13 LS 1 513 Provide and Install Cathodic Protection System on 24" DIP 33 04 12 LS 1 5C Provide and Install Cathodic Protection System on 24" Concrete 33 04 12 LS 1 6 Fire Hydrant 33 12 40 1 EA 7 $5,500.00 $38,500.00 7 1"Water Service 331210 EA 28 $1,650.00 $46,200.00 8 1" Water Service Reconnection 33 12 10 EA 28 $450.00 $12,600.00 9 24" Gate Valve 33 12 20 EA 1 $39,750.001 $39,750.00 10 8" Gate Valve 33 12 20 EA 18 $1,900.00 $34,200.00 11 6" Gate Valve 33 12 20 EA 7 $1,600.00 $11,200.00 12 Traffic Control 3471 13 MO 3 $7,500.00 $22,600.00 13 SW3P > 1 acre 31 25 00 LS 1 $3,500.00 $3,500.00 14 Construction Staking 01 71 23 LS 1 $12,000,00 $12,000-00 15 Construction Survey (As -Built Redlines) 01 7123 LS 1 $7,000.001 $7,000.00 16 Remove 6" Water Valve 0241 14 EA 10 $250.00 $2,500.00 17 Remove 8" Water Valve 0241 14 EA 7 $250.00 $1,750.00 18 Salvage 20" Water Valve 0241 14 FA 1 $2,500.00 $2,500.00 19 Salvage Fire Hydrant 0241 14 EA 7 $450.00 $3,150.00 20 Temporary Asphalt Paving Repair (2" HMAC on 6" CTB) 3201 18 LF 2,965 $31.00 $91,915.00 21 Temporary Water Services 33 04 30 LS 1 $45,000.00 $45,000.00 22 Trench Safety 33 05 10 LF 690 $2.00 $1,380.00 23 1 11-inch Pavement Pulverization (Sheet 47) 33 04 30 SY 70 $9.00 $630.00 24 3" Asphalt Pavement Type D (Sheet 47) 33 05 14 SY 70 $19.00 $1,330.00 25 Permanent Asphalt Pavement Repair SY 1D0 $50.00 $5,000.00 26 Remove and Replace 6" Conc Pavement (Sheet 53) 0241 15 SY 400 $125-00 $50,000.00 27 6" Conc Curb and Gutter 32 16 13 LF 90 $52.001 $4,680.00 28 Cem-Lime, 30 LB/SY (Sheets 47) 32 11 13 TON 2 $250.00 $500.00 29 Utility Markers 33 05 26 LS 1 $500.00 $500.00 30 Exploratory Excavation of Existing Utilities EA 1 $2,000.00 $2,000.00 31 Construction Allowance 00 00 00 LS 1 $50,000.00 $50,000.00 32 Connection to Existing 4"-12" Water Mains 331225 EA 14 $3,500.00 $49,000.00 33 Connection to Existing 20" Water Main 33 12 25 EA 2 $13,500.00 $27,000.00 34 Private Water Service Relocation 33 12 10 LF 100 $35.00 $3,500.00 35 8" Water Main Lowering 3311 12 EA 1 $9,500.00 $9,500.00 36 Topsoil 3291 19 CY 20 $26.00 $520.00 CETY OF FORT WORTH STANDARD CONSIRIICTION SPECI67CATION DOCUMENTS Fonn Revised 20120120 Addendum No.2 2019 C1P Year 2, Contract 11 City Project No. 101473-2 00 42 43 BIDPROPOSAL Page 2 or 11 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project item Information Bidder's Proposal Item No. Description Specification Section No. Lint of Bid Measure Quantity Unit Price Sid Value 37 Block Sod Replacement 32 92 13 SY 100 $5.50 $550.00 Subtotal Unit 1, Water $949,219.00 IContractor to Select Either Item 1 A, Item 1 B, or Item 1 C. if Item 1 B or 1 C is selected, either Items 4B and 5B or 4C and 5C will be required also. Unit 2: Sanitary Sewer Improvement 1 8" Sewer Pipe 33 31 20 LF 486 $140,00 $68,040,00 2 4' Standard Manhole 33 39 10 EA 4 $6,650.00 $26,600.00 3 4" Sewer Service 33 31 50 EA 18 $1,700.00 $30,600.00 4 Traffic Control 3471 13 MO 1 $7,500.00 $7,500.00 5 SW3P > 1 acre 31 25 00 LS 1 $3,500.00 $3,500.00 6 Construction Staking 01 71 23 LS 1 $10,000.00 $10,000.00 7 Construction Survey (As -Built Redlines) 01 71 23 LS 1 $3,000.00 $3,000.00 8 Concrete Collar 33 05 17 EA 4 $600.00 $2,400.00 9 Remove 4' Sewer Manhole 0241 14 EA 2 $600.00 $1,200.00 10 Post -CCTV Inspection 33 01 31 LF 486 $10.00 $4,860.00 11 Trench Safety 33 05 10 LF 10 $20.00 - $200.00 12 Manhole Vacuum Testing 3301 30 EA 4 $300.00 $1,200.00 13 Manhole Adjustment, Major- Remove Concrete Collar and Cover 33 05 14 EA 5 $5,000.00, $25.000.00 14 6" Flexible Base, Type A, GR-1 (Sheets 28 �- 30) 32 11 23 SY 470 $40.00 $18,800,00 15 Topsoil 3291 19 CY 2 $50.00 $100.00 16 Block Sod Placement (Sheet 28) 32 12 16 SY 10 $50.00 $500.00 17 Temporary Asphalt Paving Repair (2" I-IMAC on 6" CTB) 3201 18 LF 100 $40.001 $4,000.00 18 Utility Markers 33 05 26 LS 1 $500.00 $500.00 19 Exploratory Excavation of Existing Utilities EA 1 $2,500-00 $2,500.00 20 Construction Allowance 00 00 00 LS 1 $20,000.00 $20,000-00 21 Remove and Replace Fence LF 900 $15.00 $13,500.00 22 6" - 12" Tree Removal EA 8 $300.00 $2,400.00 23 12" - 18" Tree Removal EA 9 $600.00 $5,400.00 24 18"-24" Tree Removal EA 1 $900.00 $900.00 Subtotal Unit 2, Sanitary Sewer $252,700.00 Unit 3: Asphalt Pavement Improvements 1 0171.0101 Construction Staking 01 71 23 LS 1 16,950.00 $16,950.00 2 0241.0100 Remove Concrete Sidewalk 024116 SF 2,600 3.50 $9,100,00 3 0241.0200 Remove Steps 02 41 13 SF 25 5.00 $125.00 4 0241,0300 Remove ADA Ramp 0241 13 EA 12 200.00 $2,400-00 5 0241.0401 Remove Concrete Driveway 0241 13 SF 4,250 4.00 $17,000.00 6 0241.0402 Remove Asphalt Drive 0241 13 SF 2,241 4.00 $8,964.00 7 0241.0900 Remove Misc Concrete Structure 0241 13 LS 1 3,000.00 $3,000.00 8 0241 A 000 Remove Concrete Pavement 02 41 15 SY 150 15.00 $2,250.00 9 0241.1300 Remove Concrete Curb & Gutter 0241 15 LF 3,830 5.00 $19,150.00 10 0241.1700 11-inch Pavement Pulverization 0241 15 SY 11,380 9.50 $108,110.00 11 3110.0101 Site clearing 31 1000 SY 500 3.00 $1,500.00 12 3110.0102 6" - 12" Tree Removal 31 1000 EA 1 500-001 $500.00 CITY OF FORT WORTH Addendum No_ 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2018 CIP Year 2, Comact 11 Farm Revised 20120120 City Project No. 101473-2 004743 Bib PROPOSAL Page 3 oft I SECTION 00 42 43 PROPOSALFORM UHIT PRICE 13110 ;3Idder's Appl'k'Aion Project Item Information Bidder's Proposal E13 Description p Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value 3110.0103 12" - 18" Tree Removal 31 1000 EA 31 900.00 $2,700.00 14 13110.0104 18" - 24" Tree Removal 31 1000 1 EA 4 2,000.00 $8,000.00 15 3110.0105 24" and Larger Tree Removal 31 10 00 EA 3 3,000.00 $9.000.00 16 3123.0101 Unclassified Excavation 31 23 16 CY 1,975 34.00 $67,150.00 17 3123.0105 Borrow by Dellivery 31 23 23 CY 150 12.00 $1,800.00 18 3124.0101 Embankment by Plan 31 23 16 CY 50 25.00 $1,250.00 19 3125.0101 SW3P > 1 acre 31 25 00 LS 1 3,500.00 $3,500.00 20 3212-0303 3" Asphalt Pavement Type D 32 12 16 SY 11,380 19.00 $216,220.00 21 3212.0401 HMAC Transition 32 12 16 TON 80 182.50 $14,600.00 22 3213.0303 4" Cone Sidewalk 32 13 20 SF 10,310 9.00 $92,790.00 23 3213.0311 4" Conc Sidewalk, Adjacent to Curb 32 13 20 SF 1,005 16.00 $16,080,00 24 3213.0321 Cone Sidewalk Adjacent to Ret Wall 32 13 20 SF 240 16.00 $3,840.00 25 3213.0322 Concrete Curb at Back of Sidewalk 32 16 13 LF 100 13.00 $1,300.00 26 3213.0401 6" Concrete Driveway 32 13 20 SF 9,600 11.00 $105,600.00 27 3213.0501 Barrier Free Ramp, Type R-1 32 13 20 EA 2 2,700.00 $5,400.00 28 13213.0506 Barrier Free Ramp, Type P-1 32 13 20 EA 38 1,800.00 $68,400.00 29 3213.0507 Barrier Free Ramp, Type P-2 32 13 20 EA 1 1,950,00 $1,950.00 30 3216.0101 6" Cone Curb and Gutter 32 16 13 LF 1 5,900 49.00 $289,100.00 31 3216.0301 7" Cone Valley Gutter, Residential 32 16 13 Sy 120 148.00 $17,760.00 32 3217.0001 4" SLD Pavement Marking HAS (W) 32 17 23 LF 20 1.50 $30.00 33 3217.0002 4" SLD Pavement Marking HAS (Y) 32 17 23 LF 40 1.50 $60.00 34 3217.2001 Raised Marker TY W 32 17 23 EA 15 5.00 $75.00 35 32172002 Raised Marker TY Y 32 17 23 EA 25 5.00 $125,00 36 3217.0501 24" SLD Pavement Marking HAE (W) 321723 LF 235 8.00 $1,880.00 37 3217.5001 Curb Address Painting 321725 EA 50 20.00 $1,000.00 38 3232.0100 Concrete Retaining Wall Adj to Sidewalk 32 32 13 SF 1501 49.00 $7,350.00 39 3291.0100 Topsoil 3291 19 CY 540 26.00 $14,040.00 40 3292.0100 Block Sod Placement 32 92 13 Sy 3,125 5.50 $17,187.50 3305.0107 Manhole Adjustment, Minor- Remove Cone 41 Collar 33 05 14 EA 4 350.00 $1,400.00 42 3305,0108 WM Adjustment 33 05 14 EA 28 59.50 $1,666.00 43 3305.0111 Valve Box Adjustment WlConc Collar 33 05 14 EA 26 550-001 $14,300.00 44 3305.0112 Concrete Collar 33 05 17 EA 5 200.00 $1,000.00 3346.0008 4" Pipe Underdrain, Type 8 (Roof Drain Curb 45 Opening) 33 46 00 LF 80 $22.00 $1,760.00 3441.4003 Furnish/Install Alum Sign Ground Mount City 46 Std. 3441 30 EA 7 $600.00 $4,200,00 47 3441.4110 Remove and Reinstall Sign Panel and Post 34 41 30 EA 11 $400.00 $4,400.00 48 3471.0001 Traffic Control 3471 13 MO 5 $7,500.00 $37,500.00 49 9999.0001 Cem-Lime (30 LB/SY) 32 11 33 TON 165 $250.00 $41,250.00 50 9999.0002 Remove and Relocate Mailbox 0241 13 EA 36 $150.00 $5,400.00 51 9999.0003 Miscellaneous Utility Adjustment (Irrigation) 330514 LS 1 $10,000.00 $10,000.00 52 9999.0004 Curb Address Tile 32 17 25 EA 1 $500.00 $500.00 53 9999.0005 Mountable Curb 32 16 13 LF 130 $57.00 $7,410.00 54 9999.0006 Remove and Reinstall Inlet Top (5'-10') 33 49 20 EA 4 $5,300.00 $21,200.00 55 9999.0007 Remove and Replace Inlet Top (10'-20') 33 49 20 FA 1 $7,000.00 $7,000.00 CITY OFFOR.0 WORTH Addendum Na. 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2018 CIP Year 2, Comma I 1 Poem Revised 20120120 City Project No. 101473-2 004243 BID PROPOSAL Page 4 of 11 �^ SECTION 00 42 43 PROPOSAL FORM UNIT PRICE UI0 _- -- Bidder's Application Project Item Information Bidders Proposal Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value 56 9999.0008 Concrete Steps SF 20 $40.00 $800.00 57 9999.0009 Barrier Free Ramp, Mod Type R-1 32 13 20 EA 1 $3,500.00 $3,500.00 58 9999.0010 Construction Allowance 00 00 00 LS 1 $80,000.00 $80,000.00 Subtotal Unit 3, Asphalt Pavement Improvementsl IL400,522.50 CITY OFFORT WORTH Addendum No. 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2018 CIP Year 2, Contract 11 Form Revised 20120120 City Project Nn. 101473-2 00 42 43 BID PROPOSAL Page 5 of 11 SECTION 00 42 43 PROPOSALFORM UNIT PRICE DID Mdderes Application Project Item Information Bidder's Proposal Item No. Description Specification Unit of Bid Unit Price Bid Value Section No. Measure Quantity TOTAL BASE DID (UNIT 1 + UNIT 2 + UNIT 3) END OF SECTION MY OF FORT WORTS[ STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Foun Revised 20120120 SUBTOTAL UNIT 1 SUBTOTAL UNIT 2 SUBTOTAL UNIT 3 Addendum No. 2 2018 CB' Year 2, Contract 11 City Project No. 101473-2 Conforms with The American Institute of Architects, A.I.A. Document No. f- 310 KNOW ALL BY THESE PRESENTS, That we, McClendon Construction Company, Inc. 548 Memorial Plaza, Burleson, Texas 76024 as Principal, hereinafter called the Principal, andthe Merchants Bonding Company Mutual s of 101 E. Park Blvd., #600, Plano, TX 75074 , a corporation duly organized under the laws of the State of Iowa , as Surety, hereinafter called the Surety, are held and firmly bound unto City of Fort Worth as Obligee, hereinafter called the Obligee, in the sum of *** FIVE PERCENT OF TOTAL AMOUNT BID BY PRINCIPAL*** Dollars ( 5% TAB ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for _2018 CIP_Year 2. Contract 10 Water, Sewrer & Paving Improvements - Freddie St, Noe Street, S. Hughes Ave, San Rose Dr., and Forbes Court NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and scaled this 27th day of February , 2020 Comparinc. (Seal) ..... ..... /6 Jlk� 1� Witness BONDING COMPANY,. POWER or 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-Commpaniee) do hereby make. constitute and appoint, Individually, Andrew Addison; Betty J Reeh; Bryan K Moore; Gary Wayne Wheatley; Mich met 0 Hendrickson; Patricia Ann Lyttfe their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, sea] and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by taw. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws added by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14. 2015 and adopted by the Board of Directors of MerchentsNallonat Sonding, Inc., on October 16. 2015. "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 or the Company. and attach the seal of the Company thereto, bonds and undertakings. recognizences, 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 facsimiie car electronic transmission to any Pourer of Attorney or Certification thereof authorizing the execution and delivery of any band, 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 aut hority hereby given to the Altomeyin-Fact includes any and all consents for the release of retained percentages and/or final estimates of engineering and construction contracts required by the Stale of Florida Department of Transportation. It is fully understood that consenting to the Elate of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surely 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 Atiomey-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 71h day of January 2019 '° °`°°zoo°.°•• •° a e p e ° ° • ° PD�t • MERCHANTS BONDING COMPANY (MUTUAL) a o • e ��•' ®: ('ej �`�j•,`�,s'o MERCHANTS NATIONAL BONDING, INC. � 4 2003 :�� � : y v 1933 ;' � ° By +++. •........•e�y�°a Po3>/i.' • f , ••`�o�° Fesidenr STATE OF IOWA °°i°°°erosege+° `• ° ®o COUNTY OF DALLAS ss. On this This 71h dayof January 2019 before me appeared Larry Taylor, to me personally known, who being by me duty swum did say [hat he Is president of 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. AUCIA K GRAM o Commission Number 767430 '' My Commission Expires\�W, , April 1, 2020 ., C.y- — — Notary Public (Expiration of notary's commission does not invalidate this instrument) 1. William Warner, Jr., Secretary of 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. ��y in Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 2 ciay of P'LAO"y 202� +P9Uefpao •wet°?.. m/�e ss°'Fpij0iitf q •°+fy+ ° a X�tl'1B co a®V�®�e®gip+p °�•����`fiP��d_• / y //// apt-: �}- 2003 ,�� a o / 1933 secretary aO!°PIPi�PP69f4c+lf�e ,%�+c•°Y° POA 0018 (3/17) MERC-1 T AI AJ l BONDING -COMPANY IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company's toll -free telephone number for information or to make a complaint at: 1 -800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. 0. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM AND CLAlitf`i DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (1/09) 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. BIDDER - McClendon Construction Co, Inc PO Box 999 Burleson, TX 76097 END OF SECTION -Bye° ,Dan McClendon (Signature)^ Title: President Date: -� t CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 2018 CIP Year 2, Contract 11 City Project No. 101473-2 0045 11 -1 BIDDERS PREQUALIFICATIONS Page 1 of 3 SECTION 00 45 11 BIDDERS PREQUALIFICATIONS 1. Summary. All contractors are required to be prequalified by the City prior to submitting bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder Prequalification Application in accordance with the requirements below. The prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. The information must be submitted seven (7) days prior to the date of the opening of bids. For example, a contractor wishing to submit bids on projects to be opened on the 7th of April must file the information by the 31st day of March in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's Prequalification Application, the following must accompany the submission. a. A complete set of audited or reviewed financial statements. (1) Classified Balance Sheet (2) Income Statement (3) Statement of Cash Flows (4) Statement of Retained Earnings (5) Notes to the Financial Statements, if any b. A certified copy of the firm's organizational documents (Corporate Charter, Articles of Incorporation, Articles of Organization, Certificate of Formation, LLC Regulations, Certificate of Limited Partnership Agreement). c. A completed Bidder Prequalification Application. (1) The firm's Texas Taxpayer Identification Number as issued by the Texas Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification number visit the Texas Comptroller of Public Accounts online at the following web address www.window.state.tx.us/tWormit/ and fill out the application to apply for your Texas tax 1D. (2) The firm's e-mail address and fax number. (3) The firm's DUNS number as issued by Dun & Bradstreet. This number is used by the City for required reporting on Federal Aid projects. The DUNS number may be obtained at www.dnb.com. d. Resumes reflecting the construction experience of the principles of the firm for firms submitting their initial prequalification. These resumes should include the size and scope of the work performed. e. Other inforination as requested by the City. 2. Prequalification Requirements a. Financial Statements. Financial statement submission must be provided in accordance with the following: (1) The City requires that the original Financial Statement or a certified copy be submitted for consideration. CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised Rdy 1, 2011 004511-2 BIDDERS PREQUALIFICATIONS Page 2 of 3 (2) To be satisfactory, the financial statements must be audited or reviewed by an independent, certified public accounting firm registered and in good standing in any state. Current Texas statues also require that accounting firms performing audits or reviews on business entities within the State of Texas be properly licensed or registered with the Texas State Board of Public Accountancy. (3) The accounting firm should state in the audit report or review whether the contractor is an individual, corporation, or limited liability company. (4) Financial Statements must be presented in U.S. dollars at the current rate of exchange of the Balance Sheet date. (5) The City will not recognize any certified public accountant as independent who is not, in fact, independent. (6) The accountant's opinion on the financial statements of the contracting company should state that the audit or review has been conducted in accordance with auditing standards generally accepted in the United States of America. This must be stated in the accounting firm's opinion. It should: (1) express an unqualified opinion, or (2) express a qualified opinion on the statements taken as a whole. (7) The City reserves the right to require a new statement at any time. (S) The financial statement must be prepared as of the last day of any month, not more than one year old and must be on file with the City 16 months thereafter, in accordance with Paragraph 1. (9) The City will determine a contractor's bidding capacity for the purposes of awarding contracts. Bidding capacity is determined by multiplying the positive net working capital (working capital = current assets — current liabilities) by a factor of 10. Only those statements reflecting a positive net working capital position will be considered satisfactory for prequalification purposes. (10) In the case that a bidding date falls within the time a new financial statement is being prepared, the previous statement shall be updated with proper verification. b. Bidder Prequalification Application. A Bidder Prequalification Application must be submitted along with audited or reviewed financial statements by firms wishing to be eligible to bid on all classes of construction and maintenance projects. Incomplete Applications will be rejected. (1) In those schedules where there is nothing to report, the notation of "None" or "NIA" should be inserted. (2) A minimum of five (5) references of related work must be provided. (3) Submission of an equipment schedule which indicates equipment under the control of the Contractor and which is related to the type of work for which the Contactor is seeking prequalification. The schedule must include the manufacturer, model and general common description of each piece of equipment. Abbreviations or means of describing equipment other than provided above will not be accepted. 3. Eligibility to Bid a. The City shall be the sole judge as to a contractor's prequalification. b. The City may reject, suspend, or modify any prequalification for failure by the contractor to demonstrate acceptable financial ability or performance. c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH 2O18 CIP Year 2,Coniract II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CityProject No. 101473-2 Revised July 1, 2011 0045 11 - 3 BIDDERS PREQUALIFICATIONS Page 3 of 3 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid the prequalifed work types until the expiration date stated in the letter. END OF SECTION CITY OF FORT WORTH 1018 CIP Year 2, Contract I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473 2 Revised July 1, 2011 00 45 12 Prequalification Statement Page 1 of 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Water Improvements - 8-inch`` Water Main Replacement by ; Open Cut i Sanitary Sewer improvements - 8-inch Sanitary Sewer Main Replacement by Open Cut ; Asphalt Paving Construction/Reconstruction LESS THAN 15, 000 square yards The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Mr-Glend"i Construabo 1006®4wo By. , IXY P.O. BOX 999"'Cu/ j '' - Bul' esm, TX 70M (Signature) Title: / Dater END OF SECTION CITY OF FORT WORTH Addendum No. 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2018 CIP Year 2, Contract 11 Form Revised 20120120 City Project No. 101473-2 FORTWORTH SECTION 00 45 13 BIDDER PREQUALIFICATION APPLICATION Date of Balance Sheet Name under which you wish to qualify Post Office Box City Mark only one: Individual Limited Partnership General Partnership Corporation riLimited Liability Company State Zip Code Street Address (required) City State Zip Code Telephone Fax Email Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No. (if applicable) MAIL THIS QUESTIONAIRE ALONG WITH FINANCIAL STATEMENTS TO: CITY OF FORT WORTH TEXAS 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102-6311 AND MARK THE ENVELOPE: "BIDDER PREQUALIFICATION APPLICATION" 004513-2 BIDDER PREQUALIFICATION APPLICATION Page 2 of 8 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s) which are applicable — Block 3 is to be left blank if Block 1 and/or Block 2 is checked) Has fewer than 100 employees and/or ❑ Has less than $6,000,000.00 in annual gross receipts OR ❑ Does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. MAJOR WORK CATEGORIES Water Department Augur Boring - 24-inch diameter casing and less Augur Boring - Greater than 24-inch diameter casing and greater Tunneling 36-Inches — 60 —inches, and 350 LF or less Tunneling - 36-Inches — 60 —inches, and greater than 350 LF Tunneling — 66" and greater, 350 LF and greater Tunneling — 66" and greater, 350 LF or Less Cathodic Protection Water Distribution, Development, 8-inch diameter and smaller Water Distribution, Urban and Renewal, 8-inch diameter and smaller Water Distribution, Development, 12-inch diameter and smaller Water Distribution, Urban and Renewal, 12-inch diameter and smaller Water Transmission, Development, 24-inches and smaller Water Transmission, Urban/Renewal, 24-inches and smaller Water Transmission, Development, 42-inches and smaller Water Transmission, Urban/Renewal, 42-inches and smaller Water Transmission, Development, All Sizes Water Transmission, Urban/Renewal, All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches 36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV, 24-inches and smaller CCTV, 42-inches and smaller CCTV, 48-inches and smaller CITY OF FORT WORTH 2O18 CIP Year 1, Contract II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 10I473-2 Revised December 20, 2012 004513-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES, CONTINUED Sewer CIPP, 12-inches and smaller Sewer CIPP, 24-inches and smaller Sewer CIPP, 42-inches and smaller Sewer CIPP, All Sizes Sewer Collection System, Development, 8-inches and smaller Sewer Collection System, Urban/Renewal, 8-inches and smaller Sewer Collection System, Development, 12-inches and smaller Sewer Collection System, Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development, 24-inches and smaller Sewer Interceptors, Urban/Renewal, 24-inches and smaller Sewer Interceptors, Development, 42-inches and smaller Sewer Interceptors, Urban/Renewal, 42-inches and smaller Sewer Interceptors, Development, 48-inches and smaller Sewer Interceptors, Urban/Renewal, 48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement, All Sizes Sewer Cleaning, 24-inches and smaller Sewer Cleaning, 42-inches and smaller Sewer Cleaning, All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction (LESS THAN 15,000 square yards) Asphalt Paving Construction/Reconstruction (15,000 square yards and GREATER) Asphalt Paving Heavy Maintenance (UNDER $1,000,000) Asphalt Paving Heavy Maintenance ($1,000,000 and OVER) Concrete Paving Construction/Reconstruction (LESS THAN 15,000 square yards) Concrete Paving Construction/Reconstruction (15,000 square yards and GREATER) Roadway and Pedestrian Lighting CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised December 20, 2012 0045 13 - 4 BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 1. List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT I NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present name? List previous business nam 3. How many years of experience in had: construction work has your organization (a) As a General Contractor: (b) As a Sub -Contractor: 4. *What projects has your organization completed in Texas and elsewhere? CONTRACT AMOUNT CLASS OF WORK DATE COMPLETED LOCATION CITY -COUNTY- STATE NAME AND DETAILED ADDRESS OF OFFICIAL TO WHOM YOU REFER *If requalifying only show work perforined since last statement. 5. Have you ever failed to complete any work awarded to you?_ If so, where and why?. 6.Has any officer or owner of your organization ever been an officer of another organization that failed to complete a contract? If so, state the name of the individual, other organization and reason. 7. Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so, state the name of the individual, name of owner and CITY OF FORT WORTH 2O18 C1P Year 2, Contract]] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised December 20, 2012 004513-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 9 In what other lines of business are you financially interested? Have you ever performed any work for the City? If so, when and to whom do you refer?, 10. State names and detailed addresses of all producers from whom you have purchased principal materials during the last three years. NAME OF FIRM OR COMPANY I DETAILED ADDRESS I 11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. 12. What is the construction experience of the principal individuals in your organization? NAME PRESENT POSITION OR OFFICE YEARS OF EXPERIENCE MAGNITUDE AND TYPE OF WORK IN WHAT CAPACITY 13. If any owner, officer, director, or stockholder of your firm is an employee of the City, or shares the same household with a City employee, please list the name of the City employee and the relationship. In addition, list any City employee who is the spouse, child, or parent of an owner, officer, stockholder, or director who does not live in the same household but who receives care and assistance from that person as a direct result of a documented medical condition. This includes foster children or those related by adoption or marriage. CITY OF FORT WORTH 2O18 C1P Year 2, Contract II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised December 20, 2012 004513-6 BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: Date of Incorporation Charter/File No. President Vice Presidents If a partnership: State of Organization Date of organization Is partnership general, limited, or registered limited liability partnership? Fite No. (if Limited Partnership) General Partners/Officers Secretary Treasurer Limited Partners (if applicable) LIMITED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No. Officers or Managers (with titles, if any) Individuals authorized to sign for Partnership Except for limited partners, the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised. Should you wish to grant signature authority for additional individuals, please attach a certified copy of the corporate resolution, corporate minutes, partnership agreement, power of attorney or other legal documentation which grants this authority. CITY OF PORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised December 20, 2012 14. Equipment 004513-7 BIDDER PREQUA1d171CATION APPLICATION Page 7 of 8 TOTAL ITEM QUANTITY ITEM DESCRIPTION BALANCESHEET VALUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Various - TOTAL Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as "various". The City, by allowing you to show only 30 types of equipment, reserves the right to request a complete, detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include, the manufacturer, model, and general common description of each. CITY OF FORT WORTH 2O18 CIP Year 2, Contract I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised December 20, 2012 004513-8 BIDDER PREQUALIFICATION APPLICATION Page 8 of 8 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given; that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information, while this statement is in force, necessary to verify said statement. , being duly sworn, deposes and says that he/she is the of , the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this day of — Notary Public Notary Public must not be an officer, director, or stockholder or relative thereof. CITY OF FORT WORTH 2O18 CIP Year 2, Contract II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 004526-1 CONTRACTOR COMPLIANCE WITTI WORKER'S COMPENSATION LAW Page I of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 101473-2 Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Company Address McClendon Coinstruction Burleson, Tons '76097 City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § Title: (Please Print) BEFORE Ml the undersigne authority, on this day personally appeared DOL �l , known to me to be the person whose name is subscribed to the foregoing instrul ent, and acknowledged to me that he/she executed the same as the act and deed of I for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN_ UNDER MY HAND AND SEAL OF OFFICE this � day of 20f C M1STY WEBB vtary Public. 5;8t9 Of Texas comm.Expires 01-09-202Z Notary ID-126838467 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 me ;�o U le U I 1 eXAS 2018 C1P Year 2, Contract 11 101473-2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 00 45 40 - 1 Minority Business Enterprise Specifications Page 1 of 2 SECTION 00 45 40 Minority Business Enterprise Specifications APPLICATION OF POLICY If the total dollar value of the contract is greater than $50,000, 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 apply to this bid. MBE PROJECT GOALS The City's MBE goal on this project is 15% of the total bid value of the contract (Base bid applies to Parks and Community Services). Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror must submit both a MBE Utilization Form and a SSE 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. Tiie Offeror, slal l dtYliver I11t ]x 8F. do�cumealizlilon in pvi—ion to II1�: alll1rul)riate ampicyce of- the laurtrliaxiiig division and aFM:lin ;i dflIOfiIIle I'&eipt, Such rtceipi A m I I be evidence I.hq[ I1w City veci:ived IIit:- dneumejitrttion in tW time 411puated, A la-sed in1d1or em a Iled coley will n o I be acccp]v41, 1. Subcontractor Utilization Form, if received no later than 2:00 p.m., on the second City business goal is met or exceeded: day after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form, if day after the bid opening date, exclusive of the bid opening participation is less than stated goal: date. 3. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form, if no day after the bid opening date, exclusive of the bid opening MBEparticipation: date. 4. Prime Contractor Waiver Form, received no later than 2:00 p.m., on the second City business if you will perform all day after the bid opening date, exclusive of the bid opening contracting/supplier work: date. CITY OF FORT WORTI-I 2018 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised June 9, 2015 2 4 004540-2 Minority Business Enterprise Specifications Page 2 of 2 5. Joint Venture Form, if goal is met received no later than 2:00 p.m., on the second City business or exceeded. day after the bid opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE I WILL RESULT IN THE BID BEING CONSIDERED NON-RESONSIVE 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 DISQUALIFICAITON PERIOD OF THREE YEARS. 7 Any Questions, Please Contact The AV"E Office at (817) 212-2674. 8 END OF SECTION 10 11 CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised June 9, 2015 005243-1 Agreement Fagc 1 of 1 SECTION 00 52 43 2 AGREEMENT 3 4 TIIIS AGREEMENT, authorized on aj 6&ko is made by and between the City of Forth 5 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 6 ("City"), and McClendon Construction Company, Inc. , authorized 7 to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). 8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1. WORD 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2. PROM CT 14 The project for which the Work under- the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 2018 CIP Year 2 — Contract 11 17 City Project No. 101473-2 18 Article 3. CONTRACT PRICE 19 City agrees to pay Contractor for performance of the Work in accordance with the Contract 20 Documents an amount, in current funds, of Two million, sic hundred two thousand, f;'our 21 hundred forty one dollars and fifty cents Dollars ($2,602,441.50}. 22 Article 4, CONTRACT TIME 23 4, l Final Acceptance. 24 The Work will be complete for Final Acceptance within 310 days after the date when the 25 Contract Time commences to run, as provided in Paragraph 2.03 of the General Conditions, 26 plus any extension thereof allowed in accordance with Article 12 of the General 27 Conditions. 28 4.2 Liquidated Damages 29 Contractor recognizes that time is of the essence for completion of Milestones, if any, and 30 to achieve Final Acceptance of the Work and City will suffer financial loss if the Work is 31 not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also 32 recognizes the delays, expense and difficulties involved in proving in a legal procceding, 33 the actual loss suffered by the City if the Work is not completed on time. Accordingly, 34 instead of requiring any such proof, Contractor agrees that as liquidated damages for 35 delay (but not as a penalty), Contractor shall pay City Six hundred thirty Dollars 36 ($630.00) for each day that expires after the time specified in Paragraph 4.1 for Final 37 Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH CPN 101413-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2018 CIP Year 2 — Contract 11 Revised 11.15.r7 00 52 43 - 2 Agreement Page 2 of 5 38 Article 5. CONTRACT DOCiJAbIENTS 39 5.1 CONTENTS: 40 A. The Contract Doculents which comprise the entire agreement between City and 4I Contractor concerning the Work consist of the following: 42 1. This Agreement. 43 2. Attachments to this Agreement: 44 a. Bid Forin 45 1) Proposal Form 46 2) Vendor Compliance to State Law Non -Resident Bidder 47 3) Prequalifzeation Statement 48 4) State and Federal documents (project specific) 49 b. Current Prevailing Wage Rate Table 50 c. Insurance ACORD Forin(s) 51 d. Payment Bond 52 e. Perfonnance Bond 53 f. Maintenance Bond 54 g. Power of Attorney for the Bonds 55 h. Worker's Compensation Affidavit 56 i. MBE and/or SBE Utilization Form 57 3. General Conditions. 58 4. Supplementary Conditions. 59 5. Specifications specifically made a part of the Contract Documents by attachment 60 or, if not attached, as incorporated by reference and described in the Table of 61 Contents of the Project's Contract Documents. 62 6. Drawings. 63 7, Addenda. 64 8. Documentation submitted by Contractor prior to Notice of Award. 65 9. The following which may be delivered or issued after the Effective Date of the 66 Agreement and, if issued, become an incorporated part of the Contract Documents: 67 a. Notice to Proceed. 68 b, Field Orders. 69 c, Change Orders. 70 d. Letter of Final Acceptance. 71 72 Article 6. ENDENEXW (CATION 73 61 Contractor covenants and agrees to indemnify, hold harmless and defend, at its oven 74 expense, the city, its officers, servants and employees, from and against any and all 75 claims arising out of, or alleged to arise out of, the work and services to be performed 76 by the contractor, its officers, agents, employees, subcontractors, Iicenses or invitees 77 under this contract. This indemnification provision is specifically intended to opex•ate 78 and be effective even if it is alleged or provenn that all or some of the damages being 79 sought were caused, in whole or in part, by any act, omission or negligence of the ci 8o This indemnity provision is intended to include, without limitation, indemnity for 81 costs, expenses and legal fees incurred by the city in defending against such claims and 82 causes of actions. 83 CITY OF FORT WORT14 CPN 101473-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2018 CIP Year 2 Contract I1 Revised 11.15.17 005243-3 Agreement Page 3 of 5 84 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 85 the city, its officers, servants and employees, from and against any and all loss, damage 86 or destruction of property of the city, arising out of, or alleged to arise out of, the work 87 and services to be performed by the contractor, its officers, agents, employees, 88 subcontractors, licensees or invitees under this contract. This indemnification 89 provision is specifically intended to operate and be effective even if it is alleged.or 90 proven that all or some of the danra es being -sought were caused in whole or in part 91 by any act, omission or negligence of the city. 92 93 Article 7. MtSCELLANEOUS 94 7.1 Terms, 95 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 96 have the meanings indicated in the General Conditions. 97 7.2 Assignment of Contract. 98 This Agreement, including all of the Contract Documents may not be assigned by the 99 Contractor without the advanced express written consent of the City. 100 7.3 Successors and Assigns. 101 City and Contractor each binds itself, its partners, successors, assigns and legal 102 representatives to the other party hereto, in respect to all covenants, agreements and 103 obligations contained in the Contract Documents. 104 7.4 Severability. 105 Any provision or part of the Contract Documents held to be unconstitutional, void or 106 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 107 remaining provisions shall continue to be valid and binding upon CITY and 108 CONTRACTOR, 109 7.5 Governing Law and Venue. 110 This Agreement, including all of the Contract Documents is performable in the State of III Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 112 Northern District of Texas, Fort Worth Division. 113 7.6 Authority to Sign. 114 Contractor shall attach evidence of authority to sign Agreement if signed by someone other 115 than the duly authorized signatory of the Contractor. 116 117 7.7 Prohibition On Contracts With Companies Boycotting .Israel. 118 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government 119 Code, the City is prohibited from entering into a contract with a company for goods or 120 services unless the contract contains a written verification from the company that it; (1) 121 sloes not boycott Israel; and (2) will not boycott Israel during the term of the contract. CITY OF FOR"I' WOWITI CPN 101473-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2018 CIP'Year 2 — Contract 1I Revised 11.15.17 005243-4 Agreement Page 4 of 5 122 The terins "boycott Israel" and "company" shall have the meanings ascribed to those terms 123 in Section 808.001 of the Texas Government Code. By signing this contract, Contractor 124 certifies that Contractor's signature provides written verification to the Cily that 125 Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the tercet of 126 the contract. 127 128 7.8 Immigration Nationality Act. 129 Contractor shall verify the identity and employment eligibility of its employees who 130 perform work under this Agreement, including completing the Employment Eligibility 13I Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of 132 all 1-9 forins and supporting eligibility documentation for each employee who performs 133 work under this Agreement. Contractor shall adhere to all Federal and State laws as well as 134 establish appropriate procedures and controls so that no services will be performed by any 135 Contractor employee who is not legally eligible to perform such services. 136 CONTRACTOR SHALL INDEMNI Y CITY AND HOLD CITY HARMLE, SS 137 I+ROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE, TO VIOLATIONS OF 138 TINS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, 139 SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to 140 Contractor, shall have the right to immediately terminate this Agreement for violations of 141 this provision by Contractor. 142 143 7.9 No Third -Party Beneficiaries. 144 This Agreement gives no rights or benefits to anyone other than the City and the Contractor 145 and there are no third -party beneficiaries. 146 147 7.10 No Cause of Action Against Engineer. 148 Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their 149 sureties, shall maintain no direct action against the Engineer, its officers, employees, and 150 subcontractors, for any claim arising out of, in connection with, or resulting from the 151 engineering services performed. Only the City will be the beneficiary of any undertaking by 152 the Engineer. The presence or duties of the Engineer's personnel at a construction site, 153 whether as on -site representatives or otherwise, do not make the Engineer or its personnel 154 in any way responsible for those duties that belong to the City and/or the City's construction 155 contractors or other entities, and do not relieve the construction contractors or any other 156 entity of their obligations, duties, and responsibilities, including, but not limited to, all 157 construction methods, means, techniques, sequences, and procedures necessary for 158 coordinating and completing all portions of the construction work in accordance with the 159 Contract Documents and any health or safety precautions required by such construction 160 work. The Engineer and its personnel have no authority to exercise any control over any 161 construction contractor or other entity or their employees in connection with their work or 162 any health or safety precautions. 163 164 SIGNATURE PAGE TO FOLLOW 165 CITY OF FORT WORTH CPN 101473-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2018 CIP 'Year 2 — Contract 11 Revised 11.15.I7 166 167 168 169 170 171 172 173 174 175 176 177 005243-5 Agreement Page 5 of 5 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be, effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: McClendon Construction City of Foit Worth Company, Inc. /ems By: .. .na n,.._ .,:off fJun 11, 20 1_•_i Dana Burghdoff By: F ._ Assistant City Manager (Sigitature) Date Jun 11, 2020 boo DAICLA(Aon Attest: (Printed Name) Mary Kayser, Title:/, ` dent ()Seal 548 Memorial Plaza Burleson, Texas 76024 1P A Date M&C 20-0308 Date: 05/05/20 Form 1295 No. 2020-60301.4 .............. kt�t: cl Contract: Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance an j reporting requirements. Maged ZaIci, P.E. Project Manager Approved as to F'orxn and Legality: 5092&-- ?-214 -un Black 01m 11, 2020 17:12 CDT) Douglas W. Black Senior Assistant City Attorney APPROVAL RECOMMENDED: Chra`sfo�aher l�arderT Cllnstopher Harder lJun 10. 202012:19 C- 1 Chris Harder, P.E. Water Department Director CIFF9C AAL RECORD CITY SECRETARY i. WORTS$, TX CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 11.15.17 CPN I0I473-2 2018 CIP Yea). 2 — Contraet 11 Bond Number TXC611795 0061 13 - 1 PFRFORMANCi= I30ND Page I of 2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS.- 6 COUNTY OF TARRANT § 7 That we, McClendon Construction Company, Inc. , known as 8 "Principal' herein and Merchants.BorAdi Com an Mutual a corporate 9 surety(sureties, if more than one) duly authorized to do business in the 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 Texas, known as "City" herein, in the penal two million six hundred two thousand four 12 surn of, hundred forty one and 501100 Dollars 13 ($ 2,602,441.50 _ ), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas for the payment of which sum well and truly to be made, we bind 15 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 16 firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City 18 awarded the =_ day of , 2C�a which Contract is hereby referred to and Z' 19 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment 20 labor and other accessories defined by law, in the prosecution of the Work, including any Change 21 Orders, as provided for in said Contract designated as 2018 CIP Year 2, Contract 10, City project 22 No, 1014 73. 23 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 26 specifications, and contract documents therein referred to, and as well during any period of 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be 28 and become null and void, otherwise to remain in full force and effect. 29 PROVIDED i C1RfHER, that if any Iegal action be filed on this Bond, venue shall lie in 34 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 31 Worth Division. CITY OF FORT WORTH 2O18 CIP Year?, Comma I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised July 1, 2011 W6113-2 PERFORMANCE BOND Page 7 of 2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and ofIxcers on this the ib day of s -Inrta-0 20 . 7 8 9 10 11 - 12 13 ATT T: 14 15 16 rlcipal) See y 17 18 19 20 21 22 itness to Principal 23 24 25 26 27 28 29 30 31 32 33 34 35 LSca 1 1 fx 37 Witness as to Urety 38 39 40 PRINCIPAL: McClen nstructlon Company, Inc. B Y: Signature Name ail ltle Address: PO Box 996 -L3jurl_eson. TX MOM Name and Title Address: PO Box 14498 Telephone Number: 210.697.2230 41 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 42 from the bylaws showing that this person has authority to sign such obligation. If 43 Surety's physical address is different from its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 CITY OF FORT WORTH 2O18 CIP Year 2, Contract II STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S CityProject No. 101473-2 Revised July I, 2011 Bond Number TXC611795 006114-1 PAYMENTBOND P@p 1 of 2 I SECTION 00 6114 2 PAYMENTBOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, McClendnn Construction Company. Inc. known as 8 "Principal" herein, and Merchants Bondinq Cornpan Mutual , a 9 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a t 1 municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, two million six hundred two thousand flour 12 in the penal sum of hundred fody one and 50/100 Dollars 13 ($.__2,602,441.50 ), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, 15 our 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 t11e Is day of _� , 20 XV, which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 20 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 21 said Contract and designated as 2018 CIP Year 2, Contract 10, City Project No. 101473, 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond sha11 be determined in 29 accordance with the provisions of said statute. 30 CITY OF FORT WORTH 2018 CIP Year Z Contract I STANDARD CONSTRUCTION 5PMFICATION DOCUMENTS City Project No. I01473 2 Raviseci July 1, 2011 1 2 3 4 5 6 7 8 9 10 m 12 0061 14-2 PAYMENTHOND Pape 2 of 2 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the ` _ + day of W , 2020 OF e r-rP c•r- S1 "14Pr' ,.iIII DUM1 Ali•. • Name and Title Address: PO Box 996 SURETY: Burleson. TX 76028 _ Bonding ATTEST: BY: 4 S&nature Betty J.ueh, Name and Title Witness as Osurety Address: PO Box 14498 ny [Mutual] n-Fact Des Moines, IA 50306 Telephone Number: 210.697.2230 Note: If signed by an officer of the Surety, there mast be on file a certified extract from the bylaws showing that this person has authority to sign such. obligation_ If Surety's physical address is different from its mailing address, both must be provided. - The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FOIrr WORTH STANDARD CONSTRUCTION SPECIFICATION DOCTMENTS Revised July 1, 2011 2018 CIP Year 7. Contract ! f City Proj eet No. 101473.2 Bond Number TXC611795 0061 19 -1 MAINTENANCE BOND Page I of 3 1 SECTION 00 6119 2 MAINTENANCE 13OND 4 THE STATE OF TEXAS § 5 § ]KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we McClendon Construction Company, Inc. known as 8 "Principal" herein and _Merchants Bonding Company [Mutual] , a corporate surety 9 (sureties, if more than one) duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or mare), are held and firmly bound unto the City of Fort Worth, a 11 municipal co r lorati l creates �ur ua o t I laws odffthe State of Texas, known as "City" herein, wo ml eon sex n re o ousan our 12 in the sum of hundred forty one and 501100 Dollars 13 ($ 2,602,441.50 , lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas, for payment of which stern well and truly be made unto the City and its 15 successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 16 and severally, firmly by these presents. 17 i8 WHEREAS, the Principal has entered into a certain written contract with the City awarded 19 the R; day of _ _ _..__ , 2 which Contract is hereby 20 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 21 materials, equipment labor and other accessories as defined by law, in the prosecution of the 22 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 23 the `Work") as provided for in said contract and designated as 2018 CIP Year 2, Contract 10, 24 City Project No. 101473, 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 (7) 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 WY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised tidy 1, 2011 2018 CIP Year 2, Contract 11 City Projcct No. 101473-2 0061 19 - 2 MAINTWANCE. BONG) Page 2 of 3 I 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 znay cause any and all such defective Work to S 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 I I 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 Distract 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 is 19 CITY OF FORT WORTH 2018 CIF Year 2. Contract I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101173-2 Revised July 1, 2011 0061 14-3 MAINTENANCE t3OND Page 3of3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the �'y day of 3 , 2020 5 6 7 9 1© 11 1.2 13 14 15 16 17 18 19 20 21 22 23 24 75 26 27 28 29 T T: 30 31 32 33 34 35 Witness as to Hrety PRINCIPAL: McClendKCostruction Company, Inc. BY: Signature �)rAA - Lr_nAan � da* Name an T'ftle Address: PO Box 996 Burieson, TX 76028 SURETY: Address: PO Box 14498 Des Moines, IA 50306 Telephone Number: 210.697.2230 36 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided, 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CIIY OF FORT WORTIT 2018 CIP Year 2, Coijo-act 17 STANDARD CONSTRUCTION SPECIFICATION DOCUM-ENTS CityProjm No. 101473-2 Devised July I, 2011 MERCILANT$71� BONDING COMPANY, POWER OF ATTORNEY KnowAEl 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, Andrew Addison; Bettyj Reeh; Bryan K Moore; Gary Wayne Wheatley; Michael D Hendrickson their true and lawful Attomey(s)-in-Fact, to sign its name as surety(les) and to execute, seal and acknowledge any and all bands, undertakings, contracts and other written instruments in the nature thereof, on behalf of The Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by taw. 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 amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "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 nut hority 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 11th day of February 2020 •' �: 0/Q ®:} o p � apfj �°• MERCHANTS BONDING COMPANY (MUTUAL) p Wr® '� �G d �'s•y0 MERCHANT NATIONAL BONDING, INC. �e�' e•�; 2003 a� 1933 �•'c; By • !!! `•.� , ,'`�.•' •b3�,... C\6• President STATE OFIOWA •''••..,e.w•�•Mf°so•• COUNTY OF DALLAS ss. On this 11th day of February 2020 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of 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. �PRTA� s POEEY MASON Z° • • Commission Number 750576 0'� meals �--� My Commission Expires CJ January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of 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 i 2003 vrt�9' a a 1933 a Secretary ••�" POA 00 18 (1/20) ••'"N■It Ita`'•O"°•�•.mo•\ IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company's toll -free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: `i-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (1/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT - FORM A This endorsement modifies insurance provided underthe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number CPP2111179 Agency Number 0755324 Policy Effective Date 01 /31 /2020 Policy Expiration Date bate Account Number 01/31/2021 01/31/2020 Named Insured Agency Issuing Company McClendon Construction Company, -Inc. I B T x - LAS COLINAS AMERISURE MUTUAL INSURANCE COMPANY 1, a. SECTION 11-WHO IS AN INSURED is amended to add as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contractor written agreement relating to your business. b. The written contractor written agreement must: (1) Require additional insured status for a time period during the term of this policy; and (2) Be executed prior to the "bodily injury", "property damage", or "personal and advertising injury" leading to a claim under this policy. c. If, however: (1) "Your work" began under a letter of intent or work order; and (2) The letter of intent or work order led to a written contractor written agreement within 30 days of beginning such work; and (3) Your customer's customary contracts require persons or organizations to be named as additional insureds; we will provide additional insured status as specified in this endorsement. 2. The insurance provided under this endorsement is limited as follows: a. That person or organization is an additional insured only with respect to liability caused, in whole or in part, by: (1) Premises you: (a) Own; (b) Rent; (c) Lease; or (d) Occupy, (2) Ongoing operations performed by you or on your behalf. Ongoing operations does not apply to "bodily injury" or "property damage" occurring after: (a) All work to be performed by you or on your behalf for the additional insured(s) at the site of the covered operations is complete, including related materials, parts or equipment (otherthan service, maintenance or repairs); or (b) That portion of "your work" out of which the injury or damage arises is put to its intended use by any person or organization other than another contractor working for a principal as a part of the same project. Includes copyrighted material of Insurance Services Office, Inc. CG 70 85 10 15 Pages 1 of 3 (3) Completed operations coverage, but only it (a) The written contractor written agreement requires completed operations coverage or "your work" coverage; and (b) This coverage part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard", However, the insurance afforded to such additional insured only applies to the extent permitted by law. b. If the written contract or written agreement: (1) Requires "arising out of language; or (2) Requires you to provide additional insured coverage to that person or organization by the use of either or both of the following: (a) Additional Insured —Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 10 01; or (b) Additional Insured —Owners, Lessees or Contractors—CompletedOperationsendorsementCG 20 371001; then the phrase "caused, in whole or in part, by" in paragraph 2.a. above is replaced by "arising out of. c. If the written contract or written agreement requires you to provide additional insured coverage to that person or organization by the use of. (1) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 07 04 or CG 20 10 0413; or (2) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 07 04 or CG 20 37 0413; or (3) Both those endorsements with either of those edition dates; or (4) Either or both of the following: (a) Additional Insured —Owners, Lessees or Contractors —Scheduled Person Or Organization endorsement CG 20 10 without an edition date specified; or (b) Additional Insured —Owners, Lessees or Contractors —Completed Operations endorsement CG 20 37 without an edition date specified; then paragraph 2.a. above applies. d. Premises, as respects paragraph 2.a.(1) above, include common or public areas about such premises if so required in the written contractor written agreement. e. Additional insured status provided under paragraphs 2.a.(1)(b) or 2.a.(1)(c) above does not extend beyond the and of a premises lease or rental agreement. f. The limits of insurance that apply to the additional insured are the least of those specified in the: (1) Written contract (2) Written agreement; or (3) Declarations of this policy. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. g. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of, orfallure to render, any professional services, including but not limited to: (1) The preparing, approving, or failing to prepare or approve: (a) Maps; (b) Drawings; (c) Opinions; Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 3 CG 70 85 10 15 (d) Reports; (e) Surveys; (f) Change orders; (g) Design specifications; and (2) Supervisory, inspection, or engineering services. h. SECTION IV —COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4.Other Insurance is deleted and replaced with the following: 4. Other Insurance. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: a. Primary; b. Excess; C. Contingent; or d. On any other basis; but if the written contract orwritten agreement requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. i. If the written contract or written agreement as outlined above requires additional insured status by use of CG 2010 11 85, then the coverage provided underthis CG 70 85 endorsement does not apply except for paragraph 2.h. Other Insurance. Additional insured status is limited to that provided by CG 20 10 1185 shown below and paragraph 2.11. Other Insurance shown above. ADDITIONAL INSURED m OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization; Blanket where required bywritten contract orwritten agreementthat the terms of CG 20 1011 85 apply. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" forthat insured by or for you. CG 20 10 1185 Copyright, Insurance Services Office, Inc., 1984 The insurance provided by this endorsement does not apply to any premises or work for which the person or organization is specifically listed as an additional insured on another endorsement attached to this policy. Includes copyrighted material of Insurance Services Office, Inc. CG 70 85 10 15 Pages 3 of 3 NAMED INSURED: MCCLENDON CONSTRUCTION COMPANY, INC. POLICY NUMBER: CPP2111179 THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S GENERAL LIABILITY EXTENSION ENDORSEMENT TABLE OF CONTENTS Page 1. Additional Definitions 9 2. Aggregate Limits Per Location 7 3. Aggregate Limits Per Project 6 4. Blanket Contractual Liability — Railroads 3 5. Broadened Bodily Injury Coverage 10 6. Broadened Knowledge Of Occurrence 8 7. Broadened Legal Liability Coverage For Landlord's Business Personal Property 7 8. Broadened Liability Coverage For Damage To Your Product And Your Work 10 9. Broadened Who Is An Insured 3 10. Co -Employee Bodily Injury Coverage for Managers, Supervisors, Directors or Officers see provision 9, Broadened Who Is An Insured, paragraph 2.a. 1 4 11. Contractual Liability — Personal And Advertising Injury 3 12. Damage To Premises Rented To You — Specific Perils and Increased Limit 7 13. Designated Completed Projects — Amended Limits of Insurance 11 14. Extended Notice Of Cancellation And Nonrenewal 8 15. Incidental Malpractice Li bility 6 16. Increased Medical Payments Limit 7 17. Mobile Equipment Redefined 9 18. Nonowned Watercraft 3 19. Product Recall Expense 2 20. Property Damage Liability — Alienated Premises 2 21. Property Damage Liability — Elevators And Sidetrack Agreements 2 22. Property Damage Liability — Property Loaned To The Insured Or Personal Property In The Care, Custody And Control Of The Insured 2 23. Reasonable Force — Bodily Injury or Property Damage 10 24. Supplementary Payments 3 25. Transfer Of Rights (Blanket Waiver Of Subrogation) 8 26. Unintentional Failure To Disclose Hazards 8 Includes copyrighted material of Insurance Services Office, Inc. CC 70 63 0417 Pagel of 11 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Under SECTION I — COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. EXCLUSIONS, provisions 1. through 6. of this endorsement are excess over any valid and collectible insurance (including any deductible) available to the insured, whether primary, excess or contingent (SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is changed accordingly). Provisions I. through 6. of this endorsement amend the policy as follows: 1. PROPERTY DAMAGE LIABILITY — ALIENATED PREMISES A. Exclusion j. Damage to Property, subparagraph (2) is deleted. B. The following paragraph is deleted from Exclusion j. Damage to Property; Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. 2. PROPERTY DAMAGE LIABILITY — ELEVATORS AND SIDETRACK AGREEMENTS A. Exclusion j. Damage to Property, paragraphs (3), (4), and (6) do not apply to the use of elevators. B. Exclusion k. Damage to Your Product does not apply to: 1. The use of elevators; or 2. Liability assumed under a sidetrack agreement. 3. PROPERTY DAMAGE LIABILITY — PROPERTY LOANED TO THE INSURED OR PERSONAL PROPERTY IN THE CARE, CUSTODY AND CONTROL OF THE INSURED A. Exclusion j. Damage to Property, paragraphs (3) and (4) are deleted.. B. Coverage under this provision 3. does not apply to "property damage" that exceeds $25,000 per occurrence or $25,000 annual aggregate. 4. PRODUCT RECALL EXPENSE A. Exclusion n. Recall of Products, Work or Impaired Property does not apply to 'product recall expenses" that you incur for the "covered recall' of "your product". This exception to the exclusion does not apply to "product recall expenses" resulting from: 1. Failure of any products to accomplish their intended purpose; 2. Breach of warranties of fitness, quality, durability or performance; 3. Loss of customer approval or any cost incurred to regain customer approval; 4. Redistribution or replacement of "your product", which has been recalled, by like products or substitutes; 5. Caprice or whim of the insured; 6. A condition likely to cause loss, about which any insured knew or had reason to know at the inception of this insurance; 7. Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; 8. Recall of "your product(s)" that have no known or suspected defect solely because a known or suspected defect in another of "your product(s)" has been found. B. Under SECTION III — LIMITS OF INSURANCE, paragraph 3. is replaced in its entirety as follows and paragraph 8. is added: 3. The Products -Completed Operations Aggregate Limit is the most we will pay for the sum of: Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 11 CG 70 63 0417 a. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY because of "bodily injury" and "property damage" included in the "products -completed operations hazard" and b. "Product recall expenses". 8. Subject to paragraph 5. above [of the CGL Coverage Form], $25,000 is the most we will pay for all "product recall expenses" arising out of the same defect or deficiency. 6. NONOWNED WATERCRAFT Exclusion g. Aircraft, Auto or Watercraft, paragraph (2) is deleted and replaced with the following: [This exclusion does not apply to:] (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge; 6. BLANKET CONTRACTUAL LIABILITY — RAILROADS Under SECTION V — DEFINITIONS, paragraph C. of "Insured Contract' is deleted and replaced by the following: C. Any easement or license agreement; Under SECTION V —(DEFINITIONS, paragraph f.(1) of "Insured Contract" is deleted. 7. CONTRACTUAL LIABILITY — PERSONAL AND ADVERTISING INJURY Under SECTION I — COVERAGE B., paragraph 2. Exclusions, paragraph e. Contractual Liability is deleted. 8. SUPPLEMENTARY PAYMENTS Under SECTION I — SUPPLEMENTARY PAYMENTS — COVERAGES A AND B, paragraph 1.b. is deleted and replaced with the following: 1. b. Up to $5,000 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 furnish these bonds. 9. BROADENED WHO IS AN INSURED SECTION Il — WHO IS AN INSURED is deleted and replaced with the following: 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. C. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 0417 Page 3 of 11 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees," other than either your "executive officers," (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insured for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or volunteer worker as a consequence of paragraph (1)(a) above; (C) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services except as provided in Provision 10. of this endorsement. Paragraphs (1)(a), (1)(b) and (1)(c) above do not apply to your "employees" who are: (1) Managers; (ii) Supervisors; (111) Directors; or (iv) Officers; with respect to "bodily injury" to a co -"employee". (2) "Property damage" to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees," "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. C. Any person or organization having proper temporary custody of your property if you die, but only; (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Form. e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 11 CC 70 63 0417 f. Any person or organization, including any manager, owner, lessor, mortgagee, assignee or receiver of premises, to whom you are obligated under a written contract to provide insurance such as is afforded by this policy, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises or land leased to you, including common or public areas about such premises or land if so required in the contract. However, no such person or organization is an insured with respect to: (1) Any "occurrence" that takes place after you cease to occupy or lease that premises or land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. g. Any state or political subdivision but only as respects legal liability incurred by the state or political subdivision solely because it has issued a permit with respect to operations performed by you or on your behalf. However, no state or political subdivision is an insured with respect to: (1) 'Bodily injury", "property damage", "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the 'products -completed operations hazard." h. Any person or organization who is the lessor of equipment leased to you, to whom you are obligated under' a written contract to provide insurance such as is afforded by this policy, but only with respect to their liability arising out of the maintenance, operation or use of such equipment by you or a subcontractor on your behalf with your permission and under your supervision. However, if you have entered into a construction contract subject to Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code with the additional insured, the insurance afforded to such person(s) or organization(s) only applies to the extent permitted by Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code. No such person or organization, however, is an insured with respect to any 'occurrence" that takes place after the equipment lease expires. 1. Any architect, engineer, or surveyor engaged by you under a written contract but only with respect to liability arising out of your premises or "your work." However, if you have entered into a construction contract subject to Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code with the additional insured, the insurance afforded to such person only applies to the extent permitted by Subchapter C of the Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code. No architect, engineer, or surveyor, however, is an insured with respect to "bodily injury," "property damage," or 'personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection, or engineering services. This paragraph 1. does not apply if a separate Additional Insured endorsement providing liability coverage for architects, engineers, or surveyors engaged by you is attached to the policy. If the written contract or written agreement requires primary and non-contributory coverage, the insurance provided by paragraphs f. through 1. above will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the end of the policy period; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; Includes copyrighted material of Insurance Services Office, Inc. CC 70 63 0417 Page 5 of 11 C. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Coverage A does not apply to "product recall expense" arising out of any "withdrawal or recall that occurred before you acquired or formed the organization. 4. Any person or organization (referred to below as vendor) with whom you agreed under a written contract to provide insurance is an insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" that are distributed or sold in the regular course of the vendor's business. However, no such person or organization is an insured with respect to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement. b. Any express warranty unauthorized by you; C. Any physical or chemical change in "your 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 original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of "your products"; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the "your product"; g. "Your products" which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in subparagraphs d. or f.; or (2) 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. This paragraph 4. does not apply to any insured person or organization from which you have acquired "your products", or any ingredient, part, or container, entering into, accompanying or containing "your products". This paragraph 4. also does not apply if a separate Additional Insured endorsement, providing liability coverage for "bodily injury" or "property damage" arising out of "your product" that is distributed or sold in the regular course of a vendor's business, is attached to the policy. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 10. INCIDENTAL MALPRACTICE LIABILITY As respects provision 9., SECTION II — WHO IS AN INSURED, paragraph 2.a.(1)(d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide medical or paramedical services, provided that you are not engaged in the business or occupation of providing such services, and your "employee" does not have any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Under SECTION III — LIMITS OF INSURANCE, provisions 11. through 14. of this endorsement amend the policy as follows: 11. AGGREGATE LIMITS PER PROJECT The General Aggregate Limit applies separately to each of your construction projects away from premises owned by or rented to you. Includes copyrighted material of Insurance Services Office, Inc. Page 6 of 11 CG 70 63 0417 12. AGGREGATE LIMITS PER LOCATION The General Aggregate Limit applies separately to each of your locations, but only when required by written contract or written agreement. As respects this provision 12., your locations are premises you own, rent or use involving the same or connecting lots or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. However, your locations do not include any premises where you, or others acting on your behalf, are performing construction operations. 13. INCREASED MEDICAL PAYMENTS LIMITS A. SECTION III — LIMITS OF INSURANCE, paragraph 7., the Medical Expense Limit, is subject to all the terms of SECTION III — LIMITS OF INSURANCE and is the greater of: $10,000; or 2. The amount shown in the Declarations for Medical Expense Limit. B. This provision 13. does not apply if COVERAGE C MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Form or by endorsement. 14. DAMAGE TO PREMISES RENTED TO YOU — SPECIFIC PERILS AND INCREASED LIMIT A. The word fire is changed to "specific perils" where it appears in: 1. The last paragraph of SECTION I — COVERAGE A, paragraph 2. Exclusions; 2. SECTION IV, paragraph 4.b. Excess Insurance. B. The Limits of Insurance shown in the Declarations will apply to all damage proximately caused by the same event, whether such damage results from a "specific peril" or any combination of "specific perils." C. The Damage To Premises Rented To You Limit described in SECTION III LIMITS OF INSURANCE, paragraph 6., is replaced by a new limit, which is the greater of: $1,000,000; or 2. The amount shown in the Declarations for Damage To Premises Rented To You Limit. D. This provision 14. does not apply if the Damage To Premises Rented To You Limit of SECTION I — COVERAGE A is excluded either by the provisions of the Coverage Form or by endorsement. E. "Specific Perils" means fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; weight of snow, ice or sleet; or "water damage". "Water damage" means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. 15. BROADENED LEGAL LIABILITY COVERAGE FOR LANDLORD'S BUSINESS PERSONAL PROPERTY Under SECTION I — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, j. Damage to Property, the first paragraph following paragraph (6) is deleted and replaced with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to a landlord's business personal property that is subject to, or part of, a premises lease or rental agreement with that landlord. The most we will pay for damages under this provision 15. is $10,000. A $250 deductible applies. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, provisions 16. through 18. of this endorsement amend the policy as follows: Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 0417 Page 7 of 11 16. BROADENED KNOWLEDGE OF OCCURRENCE Under 2. Duties In The Event Of Occurrence, Offense, Claim, Or Suit, paragraph a. is deleted and replaced and paragraphs e. and f. are added as follows: a. You must see to it that we are notified as soon as practicable of an 'occurrence" or an offense, regardless of the amount, which may result in a claim. Knowledge of an "occurrence" or an offense by your "employee(s)" shall not, in itself, constitute knowledge to you unless one of your partners, members, "executive officers," directors, or managers has knowledge of the 'occurrence" or offense. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the 'occurrence" or offense. e. If you report an "occurrence" to your workers compensation carrier that develops into a liability claim for which coverage is provided by this Coverage Form, failure to report such an "occurrence" to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this 'occurrence" to us as soon you become aware that this "occurrence" may be a liability claim rather than a workers compensation claim. f. You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under the insurance. 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 6. Representations is deleted and replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and C. We have issued this policy in reliance upon your representations. We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in the description of any premises or operations intended to be covered by this Coverage Form as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. 18. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Paragraph 8. Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the following: 8. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. However, if the insured has waived rights to recover through a written contract, or if "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. 19. EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL Includes copyrighted material of Insurance Services Office, Inc. Page 8 of 11 CO 70 63 041 7 Paragraph 2.b. of A. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced with the following: b. 60 days before the effective date of the cancellation if we cancel for any other reason. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 9. When We Do Not Renew is deleted and replaced with the following: 9. When We Do Not Renew a. We may elect not to renew this policy except, that under the provisions of the Texas Insurance Code, we may not refuse to renew this policy solely because the policyholder is an elected official. b. If we elect not to renew this policy, we may do so by mailing or delivering to the first Named Insured, at the last mailing address known to us, written notice of nonrenewal, stating the reason for nonrenewal, at feast 60 days before the expiration date. If notice is mailed or delivered less than 60 days before the expiration date, this policy will remain in effect until the 61 st day after the date on which the notice is mailed or delivered. Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year's premium. C. If notice is mailed, proof of mailing will be sufficient proof of notice. d. The transfer of a policyholder between admitted companies within the same insurance group is not considered a refusal to renew. 20. MOBILE EQUIPMENT REDEFINED Under SECTION V — DEFINITIONS, paragraph 12. "Mobile equipment", paragraph f. (1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight that are not designed for highway use. 21. ADDITIONAL, DEFINITIONS 1. SECTION V — DEFINITIONS, paragraph 4. "Coverage territory" is replaced by the following definition. "Coverage territory" means anywhere in the world with respect to liability arising out of "bodily injury," "property damage," or "personal and advertising injury," including "personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in a settlement to which we agree or in a "suit" on the merits, in the United States of America (including its territories and possessions), Puerto Rico and Canada. 2. SECTION V— DEFINITIONS is amended by the addition of the following definitions: "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage". "Product Recall expenses" mean only reasonable and necessary extra costs, which result from or are related to the recall or withdrawal of "your product" for: a. Telephone and telegraphic communication, radio or television announcements, computer time and newspaper advertising; b. Stationery, envelopes, production of announcements and postage or facsimiles; C. Remuneration paid to regular employees for necessary overtime or authorized travel expense; d. Temporary hiring by you or by agents designated by you of persons, other than your regular employees, to perform necessary tasks; e. Rental of necessary additional warehouse or storage space; f. Packaging of or transportation or shipping of defective products to the location you designate; and g. Disposal of "your products" that cannot be reused. Disposal expenses do not include: (1) Expenses that exceed the original cost of the materials incurred to manufacture or process such product; and Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 0417 Page 9 of 11 (2) Expenses that exceed the cost of normal trash discarding or disposal, except as are necessary to avoid "bodily injury" or "property damage". 22. REASONABLE FORCE — BODILY INJURY OR PROPERTY DAMAGE Under SECTION I — COVERAGE A., paragraph 2. Exclusions, subparagraph a. Expected Or Intended Injury is deleted and replaced with the following: [This insurance does not apply to:] a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 23. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under SECTION I — COVERAGE A., paragraph 2. Exclusions, exclusion k. Damage to Your Product and exclusion I. Damage to Your Work are deleted and replaced with the following: [This insurance does not apply to:] k. Damage to Your Product "Property damage" to "your product" arising out of it or any part of it, except when caused by or resulting from: (1) Fire; (2) Smoke; (3) "Collapse"; or (4) Explosion. For purposes of exclusion k. above, "collapse" means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. I. Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a) Fire; (b) Smoke; (C) "Collapse"; or (d) Explosion. For purposes of exclusion I. above, "collapse" means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. B. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Includes copyrighted material of Insurance Services Office, Inc. Page 10 of 11 CG 70 63 041 7 Subject to 5. above [of the CGL Coverage Form], $100,000 is the most we will pay under Coverage A for the sum of damages arising out of any one "occurrence" because of "property damage" to "your product' and "your work" that is caused by fire, smoke, collapse or explosion and is included within the "product -completed operations hazard". This sublimit does not apply to "property damage" to "your work" if the damaged work, or the work out of which the damage arises, was performed on your behalf by a subcontractor. 24. BROADENED BODILY INJURY COVERAGE Under SECTION V — DEFINITIONS, the definition of "bodily injury" is deleted and replaced with the following: 3. "Bodily injury" a. Means physical: (1) Injury; (2) Disability; (3) Sickness; or (4) Disease; sustained by a person, including death resulting from any of these at any time. b. Includes mental: (5) Anguish; (6) Injury; (7) Humiliation; (8) Fright; or (9) Shock; directly resulting from any "bodily injury" described in paragraph 3.8. C. All "bodily injury" described in paragraph 3.b. shall be deemed to have occurred at the time the "bodily injury" described in paragraph 3.a. occurred. 25. DESIGNATED COMPLETED PROJECTS —AMENDED LIMITS OF INSURANCE When a written contract or written agreement between you and another party requires project -specific limits of insurance exceeding the limits of this policy; A. for "bodily injury" or "property damage" that occurs within any policy period for which we provided coverage; and S. for "your work" performed within the "products -completed operation hazard"; and C. for which we previously issued Amendment Of Limits Of Insurance (Designated Project Or Premises) CG 71 94 either during this policy term or a prior policy term; and D. that designated project is now complete; the limits of insurance shown in the CG 71 94 schedule will replace the limits of insurance of this policy for the designated project and will continue to apply for the amount of time the written contract or written agreement requires, subject to the state statute of repose of the project location. These limits are inclusive of and not in addition to the replaced limits. Includes copyrighted material of Insurance Services Office, Inc. CG 70 63 04 17 Page 11 of 11 POLICY NUMBER: CA2111178 COMMERCIAL AUTO CA71 65 09 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - PRIMARY NON-CONTRIBUTORY COVERAGE WHEN REQUIRED BY INSURED CONTRACT OR CERTIFICATE This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM The provisions of the Coverage Form apply unless changed by this endorsement. This endorsement identifies person(s) or organization(s) who are "insured" under the Who Is An Insured Provision of the Coverage Form. This endorsement changes the policy on the inception date of the policy, unless another date is shown below. Endorsement Effective: Countersigned By: 01131 /2020 Named Insured: McClendon Construction Company, Inc. (Authorized Representative) (No entry may appear above. If so, information to complete this endorsement is in the Declarations.) 1. Section II — Liability Coverage, A. Coverage, 1. Who Is An Insured is amended to add: Any person or organization with whom you have an "insured contract" which requires: that person or organization to be added as an "insured" under this policy or on a certificate of insurance; and this policy to be primary and non-contributory to any like insurance available to the person or organization. Each such person or organization is an "insured" for Liability Coverage. They are an "Insured" only if that person or organization is an "insured" under in SECTION II of the Coverage Form. The contract between the Named Insured and the person or organization is an "insured contract". 2. Section IV— Business Auto Conditions, B. General Conditions, 5. Other Insurance, paragraph d. is deleted and replaced by the following for the purpose of this endorsement only: When coverage provided under this Coverage Form is also provided under another Coverage Form or policy, we will provide coverage on a primary, non-contributory basis. Includes copyrighted material of Insurance Services Office, Inc. with its permission. NAMED INSURED: MCCLENDON CONSTRUCTION COMPANY, INC. POLICY NUMBER: CA2111178 THIS ENDORSEMENT CHANGES THE POLICY. PLEAS19 (READ ITCAREFULLY. TEXAS AD AT 7E COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsemenf modifies Insurance provided under the BUSINESS AUTO COVERAGE FORD V1llth respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The premium for this endorsement M $ k25O.00 1. BROAD FORM INSURED SECTION 11- LIABILITY COVERAGE, A. 1. Who Ia An Ion 'red I3 smanded by Itia addalon of the following: d. Anyorganizatlon you newly acquire or form, otherthana partnership, joint ventureorllmited liability company, and over which you maintain ownership or a majority interest, will qualify as a Named Insured. However, (1) Coverage under this provision Is afforded only until the end of the policy period; (2) Coverage does not apply to "accidents! or "loss" that occurred before you acquired or formed the organization; and (3) Coverage does not apply to an organization that Is an "Insured" under any other policy or would be an "insured" but for its termination or the exhausting of Its limit of Insurance. e. Any "employed' of yours using: (1) A covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by the "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or (2) An "auto" hired or rented under a contract or agreement In that "employee's" name, with your permission, whIlle performing duties rallatedto the conduct of your business. However,your 'employed'does not qualify as an Insured under this paragraph (2) while using a covered "auto" rented from you orfrom any member of the "employee's" household. f, Your members, If you are a limited liabilltycompany, while using a covered `auto" you do not own, hire or borrow and while parforming duties related to the conduct of your business or your personal affairs. 11. Any peraw i or orgsn rzalln ra fel th whorn you age eig in a written conlract. WrHten agreement o r p arrail, 10 pruvkfe snsurance 2uc1189 Is 9rfWded uridar ails poiiny, bul only with feX�eat to your t;uvvmd'autua". This provision does not apply: (1) Unless the written contractor agreement is executed or the permit Is issued prior to the "bodily Injury" or "property damage` (2) To any person or organization included as an Insured by an endorsement or in tha Declarations; or (3) To any lessor of "autos" unless; (a) The lease agreement requires you to provide direct primary insurance for the lessor; (b) The "auto" Is leased without a driver; and Includes copyrlghied material of Insurance Services Dfflce, Inc. CA 7118 1109 Rage 1 of (e) The lease had not expired. Leased "autos" covered under this provision will be considered covered "autos" you own and not covered "autos" you hire. h. Any legally Incorporated organization or subsidiary in which you own more than 50% of the voting stodc on the effective date of this endorsement. This prevision does not appiyto "bodily Injury" or "property damage" for which an "Insured" is also an insured under any other automobile policy or would be an Insured under such a policy, but for Its lerminatloh or the exhaustion of its limits of Insurance, unless such pollcy Was written to apply specifically In excess of this policy. 2. COVERAGE EXTENSIONS -SUPPLEMENTARYPAYMENTS Under Section 11 -LIABILITY COVERAGE, A.2,a. Supplementary Payments, paragraphs (2) and (4) are deleted and replaced as follows; (2) Up to $2, 500 for the cost of ball bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnlsh these bonds. (4) All reasonable expanses incurred by the "Insured" at our request, including actual loss of eamings up to $500 a day because of tl me off from work, 3. AMENDED FELLOW EIUIPLOYEE EXCLUSION Under SECTION II -LIABILITY COVERAGE, 0. EXCLUSIONS, paragraph 5. Fellow Employee Is deleted and replaced bylhe following: a. Fellow Employee "Bodily Injury" to: a. Any rellow °employee" of the "insured" arising out of and In the course of the fellow "employee's'" employment or while performing duties related to the conduct of your business. However, this excluslon does not apply to your "employoes" that are officers, managers, supervisors or above. Coverage is excess oVar any other collectible Insurance. b. The spouse, child, parent, brother or alater of that follow "employee' as a consequence of paragraph a. above. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A. Under SECTION III -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following Is added: Ifanyof your owned covered "autos' ere covered for Physical Damage, we will provide Physical Damage coverage to "autos'thatyou or your "employees" hire or borrow, underyour name or the "employee`s" narne, for the purpose of doing your work. We will provide coverage equal to the broadest physical damage coverage applicable to any covered "aulo" shown In the Declarations, Item Three, Schedule of Covered Autos You Own, or on any endorsements amending this schedule. IB. Under SECTION III -PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions. paragraph b. Loss OfUse Expenses Is deleted and replaced with the following: b. Loss Of Use Expenses For Hired Auto Physical Damage, we will payexpenses forwhich an "insured" becomes legally responsible to payfor loss of use of a vehicle renled or hired without a driver, under awritten rental contractor agreement. We will pay for loss of use expenses ircaused by: (1) Other than collision, only if the Declarations indicate that Comprehensive Coverage Is provided far any covored "auto'; Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 5 CA 71/81102 (2) Specified Causes of Loss, only If the Declarations Ind [cafe that Specified Causes Of Loss Coverage is provided forany covered "auto'; or (3) Collision, only if the Declarations indicate that Gallisien Coverage is provided for any covered "auto". However, the most we will payfor any expenses for loss of use Is $30 per day, to a maximum of $2,000. C. Under SECTION IV —BUSINESS AUTO CONDITIONS, S. General Conditions, M tither Insuranee, paragraph b. Is replaced by the Fallowing: b. For Hired Auto Physical Damage, the following are deemed to be covered "autos" you own; 11. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by ynur'employaas" under n contract in that Individual "e mployee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" Ihat is leased, hired, rented or borrowed with a driver Is not a covered "auto", nor Is any "auto" you hire from any of your "employees", partners (If you area partnership), members (if you area limited ilabilllycompany), or members ofiheir households, S. LOAN! OR LEASE GAIN COVERAGE Under SECTION 111— PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following is added: If a covered "auto" Is owned or ]eased and if we provide Hhyslcal Damage Coverage on it, we will pay, In the event of a covered total "Ioss", any unpaid amount due on the lease or loan for a covered "auto, less; (a) The amount paid under the Physical Damage Section of the policy; and: (b) Any: (1) Overdue lease or loan payments Including penalties, Interest or other charges resulting from overdue payments at the time of the "loss"; (2) Financial penalties Imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; (4) Securitydepositsnot refunded by lessor; and (b) Carry-over balances from previous loans or leases. 6. RENTAL REIMBURSEMENT Under SECTION III - PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions, paragraph a.. Transportation Expenses Is deleted and replaced by the following: a. Transportation Expenses (1) We will pay up to $75 per day to a maximum of $2,000 for transportation expense Incurred) by you because of covered "loss". We will pay only for those covered "autos" for which you carry Collision Coverage or either Comprehensive Coverage or Specified Causes of Loss Coverage. We will pay fnrtransportallon expenses Incurred during the period beginning 24 hours after the covered"loss" and ending, regardless of the pollcy's expiration, when the covered "autd' is retumed to use or we payfor its "loss . This coverage Is In addition to the otherwise applicable coverage you have on a coveted "auto". No deductibles apply to this coverage. Includes copyrighted maleft of Insurance Services Office, Inc. CA71181109 Page 3of5 (2) This coverage does not apply while there Is a spare or reserve "auto" available to you for your operation. 7. AIRBAGCOVERAGE Under SECTION III " PHYSICAL DAMAGE, E. EXCLUSIONS, paragraph 3. is deleted and replaced by the following: 3. We will not payfor"loss" caused byor resulting from any of the following unless caused byother"loss" that is covered by this insurance: (1) Wear and tear, freezing, mechanical or electrical breakdown. However, this excluslun does not Include the discharge of an airbag. (2) Blowouts, punctures or other road damage to tines. S. GLASS REPAIR— WAIVER OFDEDUC`tISLE Section III —PHYSICAL DAMAGE GOVERAGE, D. Deductible Is amended to add the following: No deductible applies to glass damage if the. glass Is repaired ratherthan replaced. COLLISION COVERAGE — WAIVER OF DEDUCTIBLE Under Section III -PHYSICAL DAMAGE COVERAGE, D. Deductible Is amended to add the following: When there is a loss to your covered "auto" Insured for Collision Coverage, no deductible will apply if the loss was caused by a oolllslon with another "auto" Insured by us. 10. KNOWLEDGE OF ACCIDENT Under SECTION IV -BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties in The Event Of Accident, Claim, Suit Or Loss, paragraph a. is dela(ed and raplaped by the foilowing: s. You must see to Itthatwe are notified as soon as practicable of an "accident", clalrn, "suit" or "loss". Knowledge of an "accident", claim, ''sult"or "loss" byyour "employees" shall not, In Itself, constitute knowledge to you unless one of your partners, executive officers, directors, managers, or members (if you area limited Ilab llitycompany) has knowledge of the "aocident", claim, "suit" or'loss", Notice should include: (1) How, when and where the "accident" or "Ines" occurred; (2) The "Insurad's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. 11. TRANSFER OF RIGHTS (EILAKKET1iYAlVEROFSUBROCATION} Under SECTION IV o BUSINESS AUTO CONDITIONS, A. Loss Conditions paragraph S. Transfer Of Rights Of Recovery Against Others To US Is deleted and replaced by the following: 5. Transfer Of Rights Of Recovery AgaInat Others To Us If any person or organization to or for whom we make payment underthis Coverage Fortin fins rights to recover damages from another, those rights are transferred to us, That person or organization must do everything necessary to secure our rights and must da nothing after "accident" or "toss" to Impair tham. However, ifthe 'Insured" has waived rights to recover through a written contract, or If your work was comfnehced under letter of intent or work order, subject to a subsequent reduction in writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 5 CA 7118 11g9 12. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, paragraph 2. Concealment, Misrepresentation Or Fraud is amended by the addition of the following: We will not deny coverage under this Coverage Farm If you unintanllonally fall to disclose all hazards existing as of the inception date of this pollcy. You must report to us any knowledge of an error or ornisslon in your representations os soon as practicable altar Its discovery. This provision does not affect our right to collect additlonal premium or exerdse our right of cancellation or non -renewal. 13. SLANKET COVERAGE t=0M CENTAIN 0PERATION IN C014NECTION WITH RAIUROADS When required by written contract or written agreement, the definitlon of Insured contract" is amended as follows: — The excepilon contained in paragraph H.3. relating to construction or demolition operatlons on orwithin 50 feet of a railroad; and Paragraph HA. are deleted with respect to the use of a covered "auto" In operations for, or affecting, a railroad, Includes copyrighted material of Insurance Services Office, Inc. CA 71 181109 Page 5 of 5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. () Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be @@@ percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective 01/31/2020 Policy No. WC2000080 Endorsement No. WC 42 03 04 B Named Insured:' McClendon Construction Company, Inc. Premium Insurance Company WC 42 03 04 B (Ed. 06-14) Countersigned by Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. NAMED INSURED: MCCLENDON CONSTRUCTION COMPANY, INC. POLICY NUMBER: CPP2111179 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION, NONRENE AL OR MATERIAL CHANGE - THIRD PARTY This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESSAUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM TRUCKERS COVERAGE FORM Subject to the cancellation provisions of the Coverage Form to which this endorsement is attached, we will not. 1. Cancel; 2, Nonrenew; or, 3. Materially change (reduce or restrict) this Coverage Form, except for nonpayment of premium, until we provide at least 0 days written notice of such cancellation, nonrenewal or material change. Written notice will be to the person or organization named in the Schedule. Such notice will be by certified mail with return receipt requested. This notification of cancellation, nonrenewal or material change to the person or organization named in the Schedule is intended as a courtesy only. Our failure to provide such notification will not: 1. Extend any Coverage Form cancellation date; 2. Negate the cancellation as to any insured or any certificate holder; 3. Provide any additional insurance that would not have been provided in the absence of this endorsement; or 4. Impose liability of any kind upon us. This endorsement does not entitle the person or organization named in the Schedule to any benefits, rights or protection underthis Coverage Form. SCHEDULE Name Of Person Or Organization Mailing Address Any person or organization holding a certificate of insurance issued The address shown for that person or organization in for you, provided the certificate: that certificate of insurance 1. Refers to this policy; 2. States that notice of: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; will be provided to that person or organization; 3. Is in effect at the time of the: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; and 4. Is on file at your agent or broker's office for this policy IL 70 66 07 14 - BLKT NAMED INSURED: MCCLENDON CONSTRUCTION COMPANY, INC. POLICY NUMBER: CA2111178; WC2000080 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US Number of Rays Notice 30 For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation is Increased to the number of days shown In the Schedule above. If this policy is cancelled by us we will send the Named Insured and any party listed in the following schedule notice of cancellation based on the number of days notice shown above. SCHEDULIE Name of Person or Organization The Name of Person or Organization is any person or organization holding a certificate of insurance issued for you, provided the certificate. 1. Refers to this policy; 2. States that notice of; a. Cancellation; b. Nonrenewa1; or c. Material change reducing or restricting coverage; will be provided to that person or organization; 3. Is in effect at the time of the: a. Cancellation; b. Nonrenewal; or c, Material change reducing or restricting covorage; and 4. is on file at your agent or broker's office for this policy. Mailing Address The Mailing Address is the address shown for that person or organization in that certificate of insurance. IL 70 45 05 07 - BLKT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 006125-1 CERTIFICATE OF INSURANCE Page 1 of 1 SECTION 00 6125 CERTIFICATE OF INSURANCE END OF SECTION CITY OF FORT WORTH 2O18 CIP Year2, Contrad II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised July 1, 2011 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnaiy2,2016 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1—Definitions and Terminology.......................................................................................................... I 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology..................................................................................................................................6 Article2 — Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents.................................................................................................................... 7 2.02 Commencement of Contract Time; Notice to Proceed................................................................ 7 2.03 Starting the Work.......................................................................................................................... 8 2.04 Before Starting Construction........................................................................................................ 8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting.............................................................................................................................. 8 2.07 initial Acceptance of Schedules.................................................................................................... 8 Article 3 — Contract Documents: Intent, Amending, Reuse............................................................................ 8 3.01 Intent.............................................................................................................................................. 8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................ I I Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points...........................................................................................................11 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities...............................................................................................................13 4.05 Reference Points.........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article 5 Bonds and Insurance........................................................................................... 5.01 Licensed Sureties and Insurers......................................................................... 5.02 Performance, Payment, and Maintenance Bonds ............................................. 5.03 Certificates of Insurance................................................................................... 5.04 Contractor's Insurance...................................................................................... 5.05 Acceptance of Bonds and Insurance; Option to Replace ................................. Article 6 — Contractor's Responsibilities ......... 6.01 Supervision and Superintendence CITY OF FORT WORTII STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmiy2, 2016 ........................16 ........................16 ........................16 ........................16 ........................18 ........................19 6.02 Labor; Working Hours................................................................................................................20 6.03 Services, Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 ..................... Substitutes and "Or-Equals"............................................................................. .....21 6.06 Concerning Subcontractors, Suppliers, and Others.....................................................................24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties........................................................................................................... 26 6.09 Permits and Utilities.................................................................................................................... 27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes...........................................................................................................................................28 6.12 .................... Use of Site and Other Areas............................................................................. ...... 28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection.................................................................................................................. 29 6.15 .................... Safety Representative....................................................................................... .......30 6.16 Hazard Communication Programs.............................................................................................30 6.17 Emergencies and/or Rectification...............................................................................................30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work................................................................................................................... 32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification.........................................................................................................................33 6.22 Delegation of Professional Design Services..............................................................................34 6.23 Right to Audit.............................................................................................................................. 34 6.24 Nondiscrimination.......................................................................................................................35 Article7 - Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article8 City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor................................................................................................... 36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due............................................................................................................................36 8.04 Lands and Easements; Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections, Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities....................................................................................... 37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9 - City's Observation Status During Construction........................................................................... 37 9.01 City's Project Manager............................................................................................................37 9.02 Visits to Site............................................................................................................... ....37 9.03 Authorized Variations in Work............................................................................... .....38 9.04 Rejecting Defective Work.......................................................................................................... 38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmary2,2016 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....................................................................................................... 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 15.0I City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause................................................................................................... 58 15.03 City May Terminate For Convenience.......................................................................................60 Article 16 - Dispute Resolution .......................... 16.01 Methods and Procedures ................. CITY OF FORT WOR fH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnuy2, 2016 ...................................................................................... 61 ...................................................................................... 61 Article17 — Miscellaneous.............................................................................................................................. 62 17.01 Giving Notice ......................... .. 62 .................................................................................................... 17.02 Computation of Times................................................................................................................ 62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations................................................................................................................63 17.05 Headings ............................... .. .. 63 ........................................ ........................................................... CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision_ Febmary2, 2016 007200-I GENERAL CONDITIONS Page I of 63 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed -defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award— Authorization by the City Council for the City to enter into an Agreement. 6. 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. S. 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 SPECIFICkNON DOCUMENTS Revision: Febnoy2,2016 007200-1 GENERAL CONDITIONS Page 2 of 63 13. Change Order —A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14, City— The City of Fort Worth, Texas, a home -rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be perfonned. 15. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 18. Contract Claim —A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 19. Contract —The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 20. Contract Documents —Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21, Contract Price The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance. 23, Contractor The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work —See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTFI STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnrary2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 3 of 63 25. Damage Claims A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 26. Day or day — A day, unless otherwise defined, shall mean a Calendar Day. 27. Director of Aviation The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director of Planning and Development --- The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. Director of Water Department — The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 32. Drawings That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engineer —The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36. Field Order —A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febuiry2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 4 of 63 38. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements —Sections of Division I of the Contract Documents. 40. Hazardous Environmental Condition The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste —Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item — An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 45. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award —The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs —Polychlorinated biphenyls. 49. Petroleum Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 50. Plans — See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnaary2, 2016 00 72 00 - I 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 Manager 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 SPECIFICATION DOCUMENTS Revision: Fcbruary2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 6 of 63 63. Submittals —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent — The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 69. Unit Price Work —See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours -- Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or Iegal holiday, as approved in advance by the City. 71. Work The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, instaIIing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF PORT WOWI'll STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febimy2, 2016 007200- 1 GENERAL CONDITIONS Page 7 of 63 The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of Iike effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 2.02 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. Commencement of Contract Time; Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fftmiy2,2016 00 72 00 - 1 GENERAL CONDITIONS Page S of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 .Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febn ry2,2016 00 72 00 - 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 SPECIFICATION DOCUMENTS Revision: FebnEuy2,20I6 007200-1 GENERAL CONDITIONS Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 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 Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: FebrLmy 2, 2016 007200- 1 GENERAL CONDITIONS Page I 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. ARTICLE 4 -- AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4,01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febwmy2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 12 of 63 C. Contractor shall provide for all additional Iands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not Iimited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febany%2016 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 i£ 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.• 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 SPECIFICATION DOCUMENTS Revision: Febnimy2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 14 of 63 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CTrY OF FORT WOR`r1I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnmy2,2016 007200-1 GENERAL CONDITIONS Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnxey2, 20I6 007200-1 GENERAL CONDITIONS Page 16 of63 ARTICLE 5 -- BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall famish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance Contractor shall deliver to City, with copies to each additional insured and Ioss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on all liability policies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febrwy2,2016 00 72 00 - 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 SPECIFICATION DOCUMENTS Revision: Febn ry2, 2016 00 72 00 - I GENERAL CONDITIONS Page 18 of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering Iiability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: F&Rniy2,2016 00 72 00 - I GENERAL CONDITIONS Page I9 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 Iimits 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 Bondv 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 WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: F6noy2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 20 of63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by Ietter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. if required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision; Fdxuary2, 2016 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 0132 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 SPECIFICATION DOCUMENTS Revision: FebRimy2,2016 00 72 00 - l GENERAL 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 Project 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 01 25 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion 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 design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnmry2, 2016 00 72 00 - 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.B. 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-cqual" at Contractor's expense. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: F&wwy2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 24 of 63 G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a 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, Suppliers, 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 whom 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.C). 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. Minority Business Enterprise Compliance: it is City policy to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MBE goal, Contractor is required to comply with the intent of the City's MBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MBE 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 and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MBE. Material misrepresentation of any nature will 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 than three 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 Contractor's own acts and omissions. Nothing in the Contract Documents: CITY Or, FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnuary2, 2016 007200-1 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 Iess 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 31st 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 SPECIFICATION DOCUMENTS Revision: Febnviy2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 26 of 63 D. Arbitration Required if Violation Not Resolved. An issue relating 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 affected 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 Ilth 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 of three (3) years following 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 form this Contract; and (ii) the actual per diem 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 Payments. 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 require 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 the 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 information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnoty2, 2016 00 72 00 - 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.B. 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 Iicenses 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnuiy2,20I6 00 72 00 - 1 GENERAL CONDITIONS Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, 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 Tax Code, Subchapter H, Sections 151.301-335 (as amended), 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 permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. W://www.window.state.tx.us/taxinfo/taxforms/93-forms.htmi 6.12 Use of Site 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnaty2,2016 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 6.21, 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 areasfree 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 cleanup 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 Crl'Y OF FORT WORTH STANDARD CONSTRUCTION S13ECIFICATION DOCUMENTS Revision: FebrLnyZ 2016 00 72 00 - 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: I . all persons on the Site or who may be affected by the Work; 2. all the Work 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 replacement 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 Underground 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. AlI 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 them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. 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 Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazard 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 and/or Rectification A. In emergencies affecting 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febwary2, 2016 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. 6.18 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. Submittals submitted as herein provided conformance with the design concept shall Documents unless otherwise required by City. by Contractor and reviewed by City for be executed in conformity with the Contract 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. 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 PORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: F6Rwy 2, 2016 00 72 00 - l 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 required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the 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 means, 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 Work 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 CITY OF FORT' WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnwy2, 2016 00 72 00 - 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, INHOLE 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 properly 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_ MEMNIFICATION PROVISION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision; Febmuy2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 34 of 63 SPECIFICALLY INTENDED TO OPERATE AND _B - 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. 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless 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 by the Contract Documents, City will specify all performance and design criteria 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, certifications, 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 performance 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 Right 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 provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Pebnmry2, 2016 00 72 00 - 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 VI, 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. ARTICLE 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 WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnmry2,2016 007200-! GENERAL CONDITIONS Page 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 following will be set forth in Supplementary Conditions: the individual or entity who will have authority and responsibility for coordination of the activities among 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 responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8 — CITY'S RESPONSIBILITIES 8.01 Communications 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 Easements; Reports and Tests City's duties with respect to providing Iands 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 Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: FebrLmy2, 2016 00 72 00 - 1 GENERALCONDITIONS 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. ARTICLE 9 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project Manager City will provide one or more Project Manager(s) during the construction period. The duties and responsibilities and the limitations of authority of City's Project Manager during construction are set forth in the Contract Documents. The City's Project Manager for this Contract is Maged Zaki, or his/her successor pursuant to written notification from the Director of the Transportation and Public Works Department. 9.02 Visits to Site A. City's Project Manager 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 Manager will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Manager 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 Manager'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 Manager'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 SPECIFICATION DOCUMENTS Revision: F'ebaory2,2016 00 72 00 - 1 GENERAL CONDITIONS Page, 38 of63 9.03 Authorized Variations in Work City's Project Manager 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 Rejecting Defective Work City will have authority to reject Work which City's Project Manager believes to be defective, or will not produce a completed Project that conforms 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 special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations far Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Manager 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 Acceptability 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 — CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: FebnW2, 2016 007200-1 GENERAL CONDITIONS Page 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 13.0.9, 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 givers 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 SPrC1F1CATION DOCUMENTS Revision: Fdx umy2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 40 of 63 10.06 Contract Claims Process A. City s Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14,09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise 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 Contractor 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 of the 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 CIaim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City'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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnay2, 2016 00 72 00 - 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 li — 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 11.01.13, 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 I1.01.B, 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 WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revisioir Febnmy 2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 42 of 63 4. Payments made by Contractor to Subcontractors for Work performed 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, which 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 (including 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 transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities 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 remain 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 Regulations. d. Deposits lost for causes other than 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, and royalty payments and fees for permits 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 them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such Iosses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor'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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febniuy2, 2016 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 11.01.A.1 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.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.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 SPECIFICATION DOCUMENTS Revision; Febniy2,2016 007200- 1 GENERAL CONDITIONS Page 44 of 63 a. the pre -bid allowances include the cost to Contractor of materials and equipment required 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 Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed 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 of the 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 Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work 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 unit price. CITY OF FORT WORTH STANDARD CONSTRUMON SPECIFICATION DOCUMENTS Revision: Febnmry2,2016 00 72 00 - 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 unlit 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 SPECIFICATION DOCUMENTS Revision: February 2, 20l 6 00 72 00 - ] 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 TIME 12.01 Change of 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: where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the 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 12.01.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 unit price is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph I L.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: 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 11.0l.A.1, 11.01.A.2. and 11.01.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 11.01.A.4 and 11.01.A.5, the Contractor's fee shall be five percent (51/o); I) where one or more tiers of subcontracts are on the basis of Cost of the Work plus 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPEC]FICATION DOCUMENTS Revision: Febaury 2, 2016 00 72 00 - 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 I1.0l.A.1 and 11.0l.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 11.0l.A.6, and 11.0 LB; 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 OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febaery2, 2016 007200- 1 GENERAL CONDITIONS Page 48 of 63 ARTICLE B — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Worm 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 them proper and safe conditions for such access and advise them 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 Work (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 ("Testing Lab") to perform any inspections or tests ("Testing") 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 Testing shall be deemed a negative result and require a retest. CITY OF PORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: FebrLwy2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 49 of 63 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. 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 SPECIFICATION DOCUMENTS Revision: FebruuyZ 2016 00 72 00 - 1 GENERAL CONDITIONS Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, 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 1.3.07, 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 damage 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 Iimited to all costs of repair or replacement of work of others) will be paid by Contractor. CITY OF FORT W ORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnuuy2, 2016 00 72 00 - 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, Iosses, 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 SPECIFICATION DOCUMENTS Revision: Febnmry2,2016 007200-I GENERAL CONDITIONS Page 52 of 63 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against 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 performance 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 of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications far Payments: 1. 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 Genefal 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 Work 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision; Febmy2,2016 007200-1 GENERAL CONDITIONS Page 53 of 63 B. Review of Applications: 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 WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: F&=y2, 2016 00 72 00 - 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. Retannage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liquidated Damages. 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. F. 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. Reduction in Payment: 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 bond 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 14A2.B.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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPFC1MM ION DOCU#vMNTS Revision: FeNinry2,2016 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. CITY OF FORT WORTH STANDARD CONSTRUC110N SPECIFICATION DOCUMENTS Revision: Feb►Lmry 2, 2016 007200- 1 GENERAL CONDITIONS Page 56 of 63 14.07 Final Payment A. Application for Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. 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; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B. Payment Becomes Due: 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: a. directly by the Contractor or; b. Contractor provides evidence that the Damage 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 Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt 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.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that CrrY of FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fcbnoy2, 2016 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 TERMNATION 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 SPECCFICATION DOCUMENTS Revision: FebrLoy2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 58 of 63 15.02 City May Terminate, for 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: Contractor's persistent failure to perform the Work 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 420020-12-201lestablished 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 Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or S. 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. 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 permitted by Laws and Regulations, declare a Contractor default and formally 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 to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: F6mary2,2016 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. 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 shaII 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 method 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 SPECIFICATION DOCUMENTS Revision: FebRoy 2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 60 of63 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed 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 discretionary 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 to the 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; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5, complete performance of such Work as shall 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 of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination 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 termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CrFY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: FebRmry2,2016 00 72 00 - 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. ARTICLE 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. T9ie 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 SPECIFICATION DOCUMENTS Revision: Febnwy2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17 — NUSCELLANEOUS 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 firm 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 known 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. 1.7.02 Computation of Times 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 Cumulative Remedies 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 them which are otherwise imposed or available by Laws or Regulations, by special warranty 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febniay2,2016 00 '72 00 - I GENERAL CONDITIONS Page 63 of 63 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 WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnmiy2, 2016 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS Supplementary Conditions 00 73 00 - 1 SUPPLEMENTARY CONDITIONS Page 1 of 6 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-3.03B.2, "Resolving Discrepancies" Plans govern over Specifications. SC-4.01A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.01 A.1., "Availability of Lands" The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of February 13,2020: Outstanding Right -Of -Way, and/or Easements to Be Acquired PARCEL OWNER NUMBER NONE TARGET DATE OF POSSESSION The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations. SC-4.01A.2, "Availability of Lands" CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 22, 2016 2018 CIP Year 2, Contract 11 City Project No. 101473-2 00 73 00 - 2 SUPPLEMENTARY CONDITIONS Page 2 of 6 1 Utilities or obstructions to be removed, adjusted, and/or relocated 2 3 The fallowing is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated 4 as of February 13, 2020. 5 EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT Oncor, AT&T ..--.....-..-m._-_---- -- --- Utility Pole, Telephone Box, 3100 Blk Burchill Rd. _._ ...-_........ _._-.- ...-................ ..................... _....... .._........... ....... ......................... _..... ..... -.... March 31, 2020 ............. .._................................................ Oncor ...... ............. ___.... __ Utility Pole, NW Corner of Little St. & Ave. N - -- ---- ---- .- .._-. - _. - - - —-_._-.---.._-___.._.. _.. --. __ ... _ _- March 31, 2020 _ ...._........ ..... ....... ................. _......... ......... Oncor -- Utility Pole, Little St. & Alley North of Ave. N ----- — - --- - -- -- .....-.._.....------.----___.-.-_._-...-....-.---_.-..-._......... ... ._..... .._.-------.. _-.-.w.--.-_.... March 31, 2020 ............ .......... ............ ........ -........................... ............. ..... ..._-..--.. — Oncor Utility Pole, SW Corner of Little St. & Ave. M _.._ ... _......-._.- ...y...-_.._......_......................................--.........--........................................--.............................--...--...........--......--...............-- March 31, 2020 --------- ------.._-.. — - — --- Oncor . ..................-........._.............._.........---........... Utility Utility Pole, NW Corner of Little St. & Ave. L _._.....--_.......---.---...--.-.----------.------------------------..-.--..._...-..-------.._._.------__-------...- March 31, 2020 --- Oncor Utility Pole, SW Corner of Little St. & Ave. K March 31, 2020 Oncor Utility Pole, SW Corner of Little St. & Ave. J March 31, 2020 6 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 7 and do not bind the City. 8 9 SC-4.02A., "Subsurface and Physical Conditions" 10 11 The following are reports of explorations and tests of subsurface conditions at the site of the Work: 12 13 Laboratory Test Results for a Street Coring Project, dated 12/28/18 -- 1/18/19, prepared by The City of Fort 14 Worth Capital Delivery Division/Soil Lab, providing additional information on subgrade soil conditions. 15 16 The following are drawings of physical conditions in or relating to existing surface and subsurface 17 structures (except Underground Facilities) which are at or contiguous to the site of the Work: 18 NONE 19 20 SC-4.06A., "Hazardous Environmental Conditions at Site" 21 22 The following are reports and drawings of existing hazardous environmental conditions known to the City: 23 NONE 24 25 SC-5.03A., "Certificates of Insurance" 26 27 The entities listed below are "additional insureds as their interest may appear" including their respective 28 officers, directors, agents and employees. 29 30 (1) City 31 (2) Consultant: Arredondo, Zepeda, & Brunz, LLC 32 (3) Other: 33 34 SC-5.04A., "Contractor's Insurance" 35 36 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following 37 coverages for not less than the following amounts or greater where required by laws and regulations: 38 39 5.04A. Workers' Compensation, under Paragraph GC-5.04A. 40 41 Statutory limits CITY OF FORT WORTH 2O18 CIP Year 2, Contract I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No- 101473-2 Revised January 22, 2016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 007300-3 SUPPLEMENTARY CONDITIONS Page 3 of 6 Employer's liability $100,000 each accident/occurrence $100,000 Disease - each employee $500,000 Disease - policy limit SC-5.04B., "Contractor's Insurance" 5.04B. Commercial General Liability, under Paragraph GC-5.0413. Contractor's Liability Insurance under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with minimum limits of $1,000,000 each occurrence $2,000,000 aggregate limit The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 5.04C., "Contractor's Insurance" 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: (I) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250,000 Bodily Injury per person / $500,000 Bodily Injury per accident / $100,000 Property Damage SC-5.04D., "Contractor's Insurance" The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks: NONE The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a "Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right -of -entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: (1) General Aggregate: CITY OF FORT WORTH 2O18 CIP Year 2, Contract I I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised January 22, 2016 1 2 3 4 5 6 7 9 ]0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 007300-4 SUPPLEMENTARY CONDYfIONS Page 4 of 6 (2) Each Occurrence: Required for this Contract X Not required for this Contract With respect to the above outlined insurance requirements, the following shall govern: 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at -grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. 2. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights -of -way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. 3. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at - grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- way, all such other work may be covered in a single policy for that railroad, even though -the work may be at two or more separate locations. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. SC-6.04., "Project Schedule" Project schedule shall be Tier 3 for the project. SC-6.07., "Wage Rates" The following is the prevailing wage rate table(s) applicable to this project and is provided in the Appendixes: GC-6.07 2013 PREVAILING WAGE RATES (Heavy and Highway Construction Projects) SC-6.09., "Permits and Utilities" SC-6.09A., "Contractor obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: CITY OF FORT WORTH STREET PERMIT SC-6.095. "City obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the City: NONE SC-6.09C. "Outstanding permits and licenses" CITY ON FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 22, 2016 2018 CIP Year 2, Contract I I City Project No. 101473-2 00 73 00 5 SUPPLEMENTARY CONDITIONS Page 5 of 6 1 2 The following is a list of known outstanding permits and/or licenses to be acquired, if any as of February 3 13, 2020 4 5 NONE 6 7 8 SC-6.241B., "Title VI, Civil Rights Act of 1964 as amended" 9 10 During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest 11 (hereinafter referred to as the "Contractor") agrees as follows: 12 13 1. Compliance with Regulations: The Contractor shall comply with the Regulation relative to 14 nondiscrimination in Federally -assisted programs of the Department of Transportation (hereinafter, 15 "DOT") Title 49, Code of Federal Regulations, fart 21, as they may be amended from time to time, 16 (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part 17 of this contract. 18 19 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall 20 not discriminate on the grounds of race, color, or national origin, in the selection and retention of 21 subcontractors, including procurements of materials and leases of equipment. The Contractor shall not 22 participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the 23 Regulations, including employment practices when the contract covers a program set forth in 24 Appendix B of the Regulations. 25 26 3. Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all 27 solicitations either by competitive bidding or negotiation made by the contractor for work to be 28 performed under a subcontract, including procurements of materials or leases of equipment, each 29 potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations 30 under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or 31 national origin. 32 33 4. Information and Reports: The Contractor shall provide all information and reports required by the 34 Regulations or directives issued pursuant thereto, and shall permit access to its books, records, 35 accounts, other sources of information and its facilities as may be determined by City or the Texas 36 Department of Transportation to be pertinent to ascertain compliance with such Regulations, orders 37 and instructions. Where any information required of a contractor is in the exclusive possession of 38 another who fails or refuses to furnish this information the contractor shall so certify to the City, or the 39 Texas Department of Transportation, as appropriate, and shall set forth what efforts it has made to 40 obtain the information. 41 42 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the 43 nondiscrimination provisions of this Contract, City shall impose such contract sanctions as it or the 44 Texas Department of Transportation may determine to be appropriate, including, but not limited to: 45 46 a. withholding of payments to the Contractor under the Contract until the Contractor 47 complies, and/or 48 b. cancellation, termination or suspension of the Contract, in whole or in part. 49 50 6. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through 51. (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt 52 by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with 53 respect to any subcontract or procurement as City or the Texas Department of Transportation may 54 direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, 55 however, that, in the event a contractor becomes involved in, or is threatened with, Iitigation with a CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised January 22, 2016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 007300-6 SUPPLEMENTARY CONDITIONS Page 6 or6 subcontractor or supplier as a result of such direction, the contractor may request City to enter into such litigation to protect the interests of City, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Additional Title Vl requirements can be found in the Appendix. SC-7.02., "Coordination" The individuals or entities listed below have contracts with the City for the performance of other work at the Site: Vendor Scope of Work Coordination Authority Arredondo, Zepeda, & Brunz, LLC Construction Phase Services CITY SC-8.01, "Communications to Contractor" The Contractor shall coordinate the construction of any sidewalks, ramps, retaining walls, or any other improvements outside of existing right-of-way between the City and the Property Owner. SC-9.01., "City's Project Manager" The City's Project Manager for this Contract is Maged Zaki, PE, or his/her successor pursuant to written notification from the Director of the Transportation and Public Works Department SC-13.03C., "Tests and Inspections" l► 6101 l SC-16.01C.1, "Methods and Procedures" NONE END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1/2212016 F. Griffin SC-9.01., "City's Project Representative" wording changed to City's Project Manager. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 22, 2016 2018 CIP Year 2, Contract I I City Project No. 101473-2 SECTION 01 11 00 SUMMARY OF WORK PART 1- GENERAL 1.1 SUMMARY A. Section Includes: 011100-1 SUMMARY OF WORK Page 1 of 3 1. Summary of Work to be performed in accordance with the Contract Documents B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 2. Division 1 - General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Work Covered by Contract Documents 1. Work is to include furnishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. 3. Use and occupy only portions of the public streets and alleys, or other public places or other rights -of -way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. a. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised December 20, 2012 011100-2 SUMMARY OF WORK Page 2 of 3 b. Excavated and waste materials shall be stored in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. c. If the street is occupied by railroad tracks, the Work shall be carried on in such manner as not to interfere with the operation of the railroad. 1} All Work shall be in accordance with railroad requirements set forth in Division 0 as well as the railroad permit. D. Work within Easements 1. Do not enter upon private property for any purpose without having previously obtained permission from the owner of such property. 2. Do not store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the City. 3. Unless specifically provided otherwise, clear all rights -of -way or easements of obstructions which must be removed to make possible proper prosecution of the Work as a part of the project construction operations. 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the Work. 5. Notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the Work. a. Such notice shall be made at least 48 hours in advance of the beginning of the Work. b. Notices shall be applicable to both public and private utility companies and any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the Work. c. Be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the Work, or at any time due to defective work, material, or equipment. 6. Fence a. Restore all fences encountered and removed during construction of the Project to the original or a better than original condition. b. Erect temporary fencing in place of the fencing removed whenever the Work is not in progress and when the site is vacated overnight, and/or at all times to provide site security. c. The cost for all fence work within easements, including removal, temporary closures and replacement, shall be subsidiary to the various items bid in the project proposal, unless a bid item is specifically provided in the proposal. CHY OF FORT WORTH 2018 CIP Year 2, Contract 11 STANDARD CONSTRUCTTON SPECIFICATION DOCUMENTS City Project No.101473-2 Revised December 20, 2012 01 14 00-3 SUMMARY OF WORK Page 3 of 3 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSIINFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Lag DATE NAME SUMMARY OF CHANGE CITY OF FORT WORT] I 2018 CIP Year 2, Contract II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised December 20, 2012 SECTION 0125 00 SUBSTITUTION PROCEDURES PART1- GENERAL 1.1 SUMMARY A. Section Includes: 012500-1 SUBSTITUTION PROCEDURES Page 1 of 4 1. The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to 1 or more of the following: a. Name of manufacturer b. Name of vendor c. Trade name d. Catalog number 2. Substitutions are not "or -equals". B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 -- General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Request for Substitution - General 1. Within 30 days after award of Contract (unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material air, described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a. When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or -equals," as determined by City. 3. Other types of equipment and kinds of material may be acceptable substitutions under the following conditions: a. Or -equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, CITY OF FORT WORTH 2O18 CIP Year 2, Contract II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July 1, 2011 01 25 00 - 2 SUBS,rCCUTION PROCEDURES Page 2 of 4 b. Contractor proposes a cost and/or time reduction incentive to the City. 1.5 SUBMITTALS A. See Request for Substitution Form (attached) B. Procedure for Requesting Substitution 1. Substitution shall be considered only: a. After award of Contract b. Under the conditions stated herein 2. Submit 3 copies of each written request for substitutions, including: a. Documentation 1) Complete data substantiating compliance of proposed substitution with Contract Documents 2) Data relating to changes in construction schedule, when a reduction is proposed 3) Data relating to changes in cost b. For products 1) Product identification a) Manufacturer's name b) Telephone number and representative contact name c) Specification Section or Drawing reference of originally specified product, including discrete name or tag number assigned to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a) Size b) Composition or materials of construction c) Weight d) Electrical or mechanical requirements 4) Product experience a) Location of past projects utilizing product b) Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product c) Available field data and reports associated with proposed product 5) Samples a) Provide at request of City. b) Samples become the property of the City. c. For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C. Approval or Rejection 1. Written approval or rejection of substitution given by the City 2. City reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. 3. In the event the substitution is approved, the resulting cost and/or time reduction will be documented by Change Order in accordance with the General Conditions. CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July I, 2011 012500-3 SUBSTITUTION PROCEDURES Page 3 of 4 4. No additional contract time will be given for substitution. Substitution will be rejected if. a. Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c. In the City's opinion, acceptance will require substantial revision of the original design d. In the City's opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. In making request for substitution or in using an approved product, the Contractor represents that the Contractor: 1. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work, to include building modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH 2O18CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised Ally I, 2011 012500-4 SUBSTITUTION PROCEDURES Page of EXHIBIT A REQUEST FOR SUBSTITUTION FORM: PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below. A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature as noted Firm Address Date Telephone For Use by City: Approved City Recommended Recommended Not recommended Received late By Date _ Remarks Date Rejected CITY OF FORT WORTH 2018 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July 1, 2011 SECTION 013119 PRECONSTRUCTION MEETING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: Of 31 19 - 1 PRECONSTRUCTION MEETING Page 1 oF3 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily Iimited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the execution of the Agreement and before Work is started. a. The meeting will be scheduled and administered by the City. 2, The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Project Representative b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request CITY OF FORT WORTH 2O18 CIP Year 2, Contract II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised August 17, 2012 01 31 19 - 2 PRECONSTRUCTION MEETING Page 2 of 3 e. Other City representatives f. Others as appropriate 4. Construction Schedule a. Prepare baseline construction schedule in accordance with Section 01 32 16 and provide at Preconstruction Meeting. b. City will notify Contractor of any schedule changes upon Notice of Preconstruction Meeting. 5. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor's work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material 1. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre -Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City's representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff, Temporary construction facilities gg. M/WBE or MBE/SBE procedures hh. Final Acceptance ii. Final Payment jj. Questions or Comments CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised August 17, 2012 013119-3 PRECONSTRUCTION MEETING Page 3 of 3 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUA.LITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] Lll FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME I SUMMARY OF CHANGE CITY OF FORT WORTH 2O18 C1P Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised August 17, 2012 SECTION 013120 PROJECT MEETINGS PART 1 —GENERAL 1.1 SUMMARY A. Section Includes: 013120-1 PROJECT MEETINGS Page 1 of 3 1. Provisions for project meetings throughout the construction period to enable orderly review of the progress of the Work and to provide for systematic discussion of potential problems B. Deviations this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1, Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Schedule, attend and administer as specified, periodic progress meetings, and specially called meetings throughout progress of the Work. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meetings administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. 4. Meetings, in addition to those specified in this Section, may be held when requested by the City, Engineer or Contractor. B. Pre -Construction Neighborhood Meeting 1. After the execution of the Agreement, but before construction is allowed to begin, attend 1 Public Meeting with affected residents to: a. Present projected schedule, including construction start date b. Answer any construction related questions 2. Meeting Location a. Location of meeting to be determined by the City. 3. Attendees CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July 1, 2011 01 31 20-2 PROJECT MEETINGS Page 2 of 3 a. Contractor b. Project Representative c. Other City representatives 4. Meeting Schedule a. In general, the neighborhood meeting will occur within the 2 weeks following the pre -construction conference. b. In no case will construction be allowed to begin until this meeting is held. C. Progress Meetings I . Formal project coordination meetings will be held periodically. Meetings will be scheduled and administered by Project Representative. 2. Additional progress meetings to discuss specific topics will be conducted on an as - needed basis. Such additional meetings shall include, but not be limited to: a. Coordinating shutdowns b. Installation of piping and equipment c. Coordination between other construction projects d. Resolution of construction issues e. Equipment approval 3. The Project Representative will preside at progress meetings, prepare the notes of the meeting and distribute copies of the same to all participants who so request by fully completing the attendance form to be circulated at the beginning of each meeting. 4. Attendance shall include: a. Contractor's project manager b. Contractor's superintendent c. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request d. Engineer's representatives e. City's representatives £ Others, as requested by the Project Representative 5. Preliminary Agenda may include: a. Review of Work progress since previous meeting b. Field observations, problems, conflicts c. Items which impede construction schedule d. Review of off -site fabrication, delivery schedules e. Review of construction interfacing and sequencing requirements with other construction contracts f. Corrective measures and procedures to regain projected schedule g. Revisions to construction schedule h. Progress, schedule, during succeeding Work period i. Coordination of schedules j. Review submittal schedules k. Maintenance of quality standards 1. Pending changes and substitutions m. Review proposed changes for: 1) Effect on construction schedule and on completion date 2) Effect on other contracts of the Project n. Review Record Documents o. Review monthly pay request CITY OF FORT WORTH 2O18 C1P Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July 1, 2011 01 31 20 - 3 PROJECT MEETINGS Page 3 of 3 p. Review status of Requests for Information 6. Meeting Schedule a. Progress meetings will be held periodically as determined by the Project Representative. 1) Additional meetings may be held at the request of the: a) City b) Engineer c) Contractor 7. Meeting Location a. The City will establish a meeting location, 1) To the extent practicable, meetings will be held at the Site. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 112 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION fRevision Log DATE NAME SUMMARY OF CHANGE CITY OF PORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July 1, 2011 01 32 16- 1 CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 SECTION 0132 16 CONSTRUCTION PROGRESS SCHEDULE PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. General requirements for the preparation, submittal, updating, status reporting and management of the Construction Progress Schedule 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance Document B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Definitions Schedule Tiers a. Tier 1 - No schedule submittal required by contract. Small, brief duration projects b. Tier 2 - No schedule submittal required by contract, but will require some milestone dates. Small, brief duration projects c. Tier 3 - Schedule submittal required by contract as described in the Specification and herein. Majority of City projects, including all bond program proj ects d. Tier 4 - Schedule submittal required by contract as described in the Specification and herein. Large and/or complex projects with long durations 1) Examples: large water pump station project and associated pipeline with interconnection to another governmental entity e. Tier 5 - Schedule submittal required by contract as described in the Specification and herein. Large and/or very complex projects with long durations, high public visibility 1) Examples might include a water or wastewater treatment plant 2. Baseline Schedule - Initial schedule submitted before work begins that will serve as the baseline for measuring progress and departures from the schedule. 3. Progress Schedule - Monthly submittal of a progress schedule documenting progress on the project and any changes anticipated. CITY OF .FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July 1, 2011 013216-2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 4. Schedule Narrative - Concise narrative of the schedule including schedule changes, expected delays, key schedule issues, critical path items, etc B. Reference Standards 1. City of Fort Worth Schedule Guidance Document 1.4 ADMINISTRATIVE REQUIREMENTS A. Baseline Schedule General a. Prepare a cost -loaded baseline Schedule using approved software and the Critical Path Method (CPM) as required in the City of Fort Worth Schedule Guidance Document. b. Review the draft cost -loaded baseline Sebedule with the City to demonstrate understanding of the work to be performed and known issues and constraints related to the schedule. c. Designate an authorized representative (Project Scheduler) responsible for developing and updating the schedule and preparing reports. B. Progress Schedule 1. Update the progress Schedule monthly as required in the City of Fort Worth Schedule Guidance Document. 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 3. Change Orders a. Incorporate approved change orders, resulting in a change of contract time, in the baseline Schedule in accordance with City of Fort Worth Schedule Guidance Document. C. Responsibility for Schedule Compliance 1. Whenever it becomes apparent from the current progress Schedule and CPM Status Report that delays to the critical path have resulted and the Contract completion date will not be met, or when so directed by the City, make some or all of the following actions at no additional cost to the City a. Submit a Recovery Plan to the City for approval revised baseline Schedule outlining: 1) A written statement of the steps intended to take to remove or arrest the delay to the critical path in the approved schedule 2) Increase construction manpower in such quantities and crafts as will substantially eliminate the backlog of work and return current Schedule to meet projected baseline completion dates 3) Increase the number of working hours per shift, shifts per day, working days per week, the amount of construction equipment, or any combination of the foregoing, sufficiently to substantially eliminate the backlog of work 4) Reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and comply with the revised schedule 2. If no written statement of the steps intended to take is submitted when so requested by the City, the City may direct the Contractor to increase the level of effort in manpower (trades), equipment and work schedule (overtime, weekend and holiday work, etc.) to be employed by the Contractor in order to remove or arrest the delay to the critical path in the approved schedule. a. No additional cost for such work will be considered. CITY OF FORT WORTH 2O18 C1P Year 2, Contract I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July 1, 2011 013216-3 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 D. The Contract completion time will be adjusted only for causes specified in this Contract. a. Requests for an extension of any Contract completion date must be supplemented with the following: 1) Furnish justification and supporting evidence as the City may deem necessary to determine whether the requested extension of time is entitled under the provisions of this Contract. a) The City will, after receipt of such justification and supporting evidence, make findings of fact and will advise the Contractor, in writing thereof. 2) If the City finds that the requested extension of time is entitled, the City's determination as to the total number of days allowed for the extensions shall be based upon the approved total baseline schedule and on all data relevant to the extension. a) Such data shall be included in the next updating of the Progress schedule. b) Actual delays in activities which, according to the Baseline schedule, do not affect any Contract completion date shown by the critical path in the network will not be the basis for a change therein. 2. Submit each request for change in Contract completion date to the City within 30 days after the beginning of the delay for which a time extension is requested but before the date of final payment under this Contract. a. No time extension will be granted for requests which are not submitted within the foregoing time limit. b. From time to time, it may be necessary for the Contract schedule or completion time to be adjusted by the City to reflect the effects of job conditions, weather, technical difficulties, strikes, unavoidable delays on the part of the City or its representatives, and other unforeseeable conditions which may indicate schedule adjustments or completion time extensions. 1) Under such conditions, the City will direct the Contractor to reschedule the work or Contract completion time to reflect the changed conditions and the Contractor shall revise his schedule accordingly. a) No additional compensation will be made to the Contractor for such schedule changes except for unavoidable overall contract time extensions beyond the actual completion of unaffected work, in which case the Contractor shall take all possible action to minimize any time extension and any additional cost to the City. b) Available float time in the Baseline schedule may be used by the City as well as by the Contractor. 3. Float or slack time is defined as the amount of time between the earliest start date and the latest start date or between the earliest finish date and the latest finish date of a chain of activities on the Baseline Schedule. a. Float or slack time is not for the exclusive use or benefit of either the Contractor or the City. b. Proceed with work according to early start dates, and the City shall have the right to reserve and apportion float time according to the needs of the project. CITY OF FORT WORTH 2018 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July 1, 2011 013216-4 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 c. Acknowledge and agree that actual delays, affecting paths of activities containing float time, will not have any effect upon contract completion times, providing that the actual delay does not exceed the float time associated with those activities. E. Coordinating Schedule with Other Contract Schedules 1. Where work is to be performed under this Contract concurrently with or contingent upon work performed on the same facilities or area under other contracts, the Baseline Schedule shall be coordinated with the schedules of the other contracts. a. Obtain the schedules of the other appropriate contracts from the City for the preparation and updating of Baseline schedule and make the required changes in his schedule when indicated by changes in corresponding schedules. 2. In case of interference between the operations of different contractors, the City will detennine the work priority of each contractor and the sequence of work necessary to expedite the completion of the entire Project. a. In such cases, the decision of the City shall be accepted as final. b. The temporary delay of any work due to such circumstances shall not be considered as justification for claims for additional compensation. 1.5 SUBMITTALS A. Baseline Schedule 1. Submit Schedule in native file format and pdf forinat as required in the City of Fort Worth Schedule Guidance Document. a. Native file format includes: l) Primavera (P6 or Primavera Contractor) 2. Submit draft baseline Schedule to City prior to the pre -construction meeting and bring in hard copy to the meeting for review and discussion. B. Progress Schedule 1. Submit progress Schedule in native file format and pdf format as required in the City of Fort Worth Schedule Guidance Document. 2. Submit progress Schedule monthly no later than the last day of the month. C. Schedule Narrative 1. Submit the schedule narrative in pdf format as required in the City of Port Worth Schedule Guidance Document. 2. Submit schedule narrative monthly no later than the last day of the month. D. Submittal Process 1, The City administers and manages schedules through Buzzsaw. 2. Contractor shall submit documents as required in the City of Fort Worth Schedule Guidance Document. 3. Once the project has been completed and Final Acceptance has been issued by the City, no farther progress schedules are required. CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July 1, 2011 0132 16 - 5 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 1.6 ACTION SUBMITTALSIINFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. The person preparing and revising the construction Progress Schedule shall be experienced in the preparation of schedules of similar complexity. B. Schedule and supporting documents addressed in this Specification shall be prepared, updated and revised to accurately reflect the performance of the construction. C. Contractor is responsible for the quality of all submittals in this section meeting the standard of care for the construction industry for similar projects. 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 111 FIELD [SITE] CONDITIONS [NOT USED] 1.1.2 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME I SUMMARY OF CHANGE CITY OF FORT WORTH 2O18 CIP Year 2, Contract Il STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July 1, 2011 01 32 33 - 1 PRECONSTRIUCTION VIDEO Page 1 of 2 SECTION 0137,33 PRECONSTRUCTION VIDEO PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division. 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Preconstruction Video 1. Produce a preconstruction video of the site/aligru-rent, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSIINFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July 1, 2011 013233-2 PRECONSTRUCTION VIDEO Page 2 of 2 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July 1, 2011 SECTION 0133 00 SUBMITTALS PARTI- GENERAL 1.1 SUMMARY A. Section Includes: 01 33 00 - 1 SUBMITTALS Page I of 8 General methods and requirements of submissions applicable to the following Work -related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) C. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication f) Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised December 20, 2012 013300-2 SUBMITTALS Page 2 of 8 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A= 2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification 1. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) "By this submittal, 1 hereby represent that 1 have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and 1 have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 %z inches x 11 inches to 8 % inches x 1 linches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised December 20, 2012 01 33 00 - 3 SUBMITTALS Page 3 of 8 2. The Project title and number 3. Contractor identification 4. The names of a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom -prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 2. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product data for products included on the City's Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City's Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) AvaiIability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing -in diagrams and templates 5) Catalog cuts 6) Product photographs CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised December 20, 2012 01 33 00 - 4 SUBMITTALS Page 4 of 8 7) Standard wiring diagrams S) Printed performance curves and operational -range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare -parts listing and printed product warranties 12) As applicable to the Work H. Samples 1. As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work 1. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. I. Fabrication performed, materials purchased or on -site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution 1. Electronic Distribution a. Confinn development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than I hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPGCIFICA110N DOCUMENTS City Project No.101473-2 Revised December 20, 2012 013300-5 SUBMITTALS Page 5 of 8 a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assulned by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN' is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 CITY OF FORT WORTH 2018 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised December 20, 2012 OI3300-6 SUBMITTALS Page 6 of 8 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non -conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the elate of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor's risk if not marked b. Submittals for each item will be reviewed no more than twice at the City's expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative's then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than I resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City's discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a Iist or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the City at least 7 Calendar Days prior to release for manufacture. CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised December 20, 2012 01 33 00 - 7 SUBMITTALS Page 7 of 8 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. if specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Use the Request for Information (RFI) form provided by the City. 3. Numbering of RFI a. Prefix with "RFI" followed by series number, "-xxx", beginning with "01" and increasing sequentially with each additional transmittal. 4. Sufficient information shall be attached to permit a written response without further information. 5. The City will log each request and will review the request. a. If review of the project information request indicates that a change to the Contract Documents is required, the City will issue a Field Order or Change Order, as appropriate. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised December 20, 2012 0l3300-8 SUBMITTALS Page S of 8 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. 7obnson 1.4.K.8. Working Days modified to Calendar Days CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised December 20, 2012 0135 13- 1 SPECIAL PROJECT PROCEDURES Page I of 8 1 SECTION 0135 13 2 SPECIAL PROJECT PROCEDURES 3 PARTI- 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 B. Deviations from this City of Port Worth Standard Specification 19 1. None. 20 C. Related Specification Sections include, but are not necessarily limited to: 21 1. Division 0 Bidding Requirements, Contract Forms and Conditions of the Contract 22 2, Division 1 — General Requirements 23 3. Section 33 12 25 —Connection to Existing Water Mains 24 1.2 PRICE AND PAYMENT PROCEDURES 25 A. Measurement and Payment 26 1. Coordination within Railroad permit areas 27 a. Measurement 28 1) Measurement for this Item will be by lump sum. 29 b. Payment 30 1) The work performed and materials furnished in accordance with this Item 31 will be paid for at the lump sum price bid for Railroad Coordination. 32 c. The price bid shall include: 33 1) Mobilization 34 2) Inspection 35 3) Safety training 36 4) Additional Insurance 37 5) Insurance Certificates 38 6) Other requirements associated with general coordination with Railroad, 39 including additional employees required to protect the right-of-way and 40 property ,of the Railroad from damage arising out of and/or from the 41 construction of the Project. 42 2. Railroad Flagmen CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised December 20, 2012 0135 13-2 SPECIAL PROJECT PROCEDURES Page 2 of 8 1 a. Measurement 2 1) Measurement for this Item will be per working day. 3 b. Payment 4 1) The work performed and materials furnished in accordance with this Item 5 will be paid for each working day that Railroad Flagmen are present at the 6 Site. 7 c. The price bid shall include: 8 1) Coordination for scheduling flagmen 9 2) Flagmen 10 3) Other requirements associated with Railroad 11 3. All other items 12 a. Work associated with these Items is considered subsidiary to the various Items 13 bid. No separate payment will be allowed for this Item. 14 1.3 REFERENCES 15 A. Reference Standards 16 1. Reference standards cited in this Specification refer to the current reference 17 standard published at the time of the latest revision date logged at the end of this 18 Specification, unless a date is specifically cited. 19 2. Health and Safety Code, Title 9, Safety, Subtitle A. Public Safety, Chapter 752. 20 High Voltage Overhead Lines. 21 3. North Central Texas Council of Governments (NCTCOG) Clean Construction 22 Specification 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Coordination with the Texas Department of Transportation 25 1. When work in the right-of-way which is under the jurisdiction of the Texas 26 Department of Transportation (TxDOT): 27 a. Notify the Texas Department of Transportation prior to commencing any work 28 therein in accordance with the provisions of the permit 29 b. All work performed in the TxDOT right-of-way shall be performed in 30 compliance with and subject to approval from the Texas Department of 31 Transportation 32 B. Work near High Voltage Lines 33 1. Regulatory Requirements 34 a. All Work near High Voltage Lines (more than 600 volts measured between 35 conductors or between a conductor and the ground) shall be in accordance with 36 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 37 2. Warning sign 38 a. Provide sign of sufficient size meeting all OSHA requirements. 39 3. Equipment operating within 10 feet of high voltage lines will require the following 40 safety features 41 a. Insulating cage -type of guard about the boom or arm 42 b. Insulator links on the lift hook connections for back hoes or dippers 43 c. Equipment must meet the safety requirements as set forth by OSHA and the 44 safety requirements of the owner of the high voltage lines 45 4. Work within 6 feet of high voltage electric lines CITY OF FORT WORTH 2018 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CityProject No. 101473-2 Revised December 20, 2012 013513-3 SPECIAL PROJECT PROCEDURES Page 3 of 8 1 a. Notification shall be given to: 2 1) The power company (example: ONCOR) 3 a) Maintain an accurate log of all such calls to power company and record 4 action taken in each case. 5 b. Coordination with power company 6 1) After notification coordinate with the power company to: 7 a) Erect temporary mechanical barriers, de -energize the lines, or raise or 8 lower the lines 9 c. No personnel may work within 6 feet of a high voltage line before the above 10 requirements have been met. 11 C. Confined Space Entry Program 12 1. Provide and follow approved Confined Space Entry Program in accordance with 13 OSHA requirements. 14 2. Confined Spaces include: 15 a. Manholes 16 b. All other confined spaces in accordance with OSHA's Permit Required for 17 Confined Spaces 18 D. Air Pollution Watch Days 19 1. General 20 a. Observe the following guidelines relating to working on City construction sites 21 on days designated as "AIR POLLUTION WATCH DAYS". 22 b. Typical Ozone Season 23 1) May 1 through October 31. 24 c. Critical Emission Time 25 1) 6:00 a.m. to 10:00 a.m. 26 2. Watch Days 27 a. The Texas Commission on Environmental Quality (TCEQ), in coordination 28 with the National Weather Service, will issue the Air Pollution Watch by 3:00 29 p.m, on the afternoon prior to the WATCH day. 30 b. Requirements 31 1) Begin work after 10.00 a.m. whenever construction phasing requires the 32 use of motorized equipment for periods in excess of 1 hour. 33 2) However, the Contractor may begin work prior to 10:00 a.m. if: 34 a) Use of motorized equipment is less than 1 hour, or 35 b) If equipment is new and certified by EPA as "Low Emitting", or 36 equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or 37 alternative fuels such as CNG. 38 E. TCEQ Air Permit 39 1. Obtain TCEQ Air Permit for construction activities per requirements of TCEQ. 40 K Use of Explosives, Drop Weight, Etc. 41 1. When Contract Documents permit on the project the following will apply: 42 a. Public Notification 43 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 44 prior to commencing. 45 2) Minimum 24 hour public notification in accordance with Section 01 31 13 46 G. Water Department Coordination CITY OF FORT WORTH 2O18 C11' Year 2, Contract I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised December 20, 2012 01 35 13-4 SPECIAL PROJECT PROCEDURES Page 4 of 8 1 1. During the construction of this project, it will be necessary to deactivate, for a 2 period of time, existing lines. The Contractor shall be required to coordinate with 3 the Water Department to determine the best times for deactivating and activating 4 those lines. 5 2. Coordinate any event that will require connecting to or the operation of an existing 6 City water line system with the City's representative. 7 a. Coordination shall be in accordance with Section 33 12 25. 8 b. If needed, obtain a hydrant water meter from the Water Department for use 9 during the life of named project. 10 c. In the event that a water valve on an existing live system be turned off and on I I to accommodate the construction of the project is required, coordinate this 12 activity through the appropriate City representative. 13 1) Do not operate waterline valves of existing water system. 14 a) Failure to comply will render the Contractor in violation of Texas Penal 15 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 16 will be prosecuted to the full extent of the law. 17 b) In addition, the Contractor will assume all liabilities and 18 responsibilities as a result of these actions. 19 H. Public Notification Prior to Beginning Construction 20 1. Prior to beginning construction on any block in the project, on a block by block 21 basis, prepare and deliver a notice or flyer of the pending construction to the front 22 door of each residence or business that will be impacted by construction. The notice 23 shall be prepared as follows: 24 a. Post Notice or flyer 7 days prior to beginning any construction activity on each 25 block in the project area. 26 1) Prepare flyer on the Contractor's letterhead and include the following 27 information: 28 a) Name of Project 29 b) City Project No (CPN) 30 c) Scope of Project (i.e. type of construction activity) 31 d) Actual construction duration within the block 32 e) Name of the contractor's foreman and phone number 33 f) Name of the City's inspector and phone number 34 g) City's after-hours phone number 35 2) A sample of the `pre -construction notification' flyer is attached as Exhibit 36 A. 37 3) Submit schedule showing the construction start and finish time for each 38 block of the project to the inspector. 39 4) Deliver flyer to the City Inspector for review prior to distribution. 40 b. No construction will be allowed to begin on any block until the flyer is 41 delivered to all residents of the block. 42 1. Public Notification of Temporary Water Service Interruption during Construction 43 1. In the event it becomes necessary to temporarily shut down water service to 44 residents or businesses during construction, prepare and deliver a notice or flyer of 45 the pending interruption to the front door of each affected resident. 46 2. Prepared notice as follows: 47 a. The notification or flyer shall be posted 24 hours prior to the temporary 48 interruption. CITY OF FORT WORTH 2O18 CIP Year 2, Contract I I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised December 20, 2012 01 35 13 -5 SPECIAL PROJECT PROCEDURES Page 5 of 8 1 b. Prepare flyer on the contractor's letterhead and include the following 2 information: 3 1) Name of the project 4 2) City Project Number 5 3) Date of the interruption of service 6 4) Period the interruption will take place 7 5) Name of the contractor's foreman and phone number 8 6) Name of the City's inspector and phone number 9 c. A sample of the temporary water service interruption notification is attached as 10 Exhibit B. 11 d. Deliver a copy of the temporary interruption notification to the City inspector 12 for review prior to being distributed. 13 e. No interruption of water service can occur until the flyer has been delivered to 14 all affected residents and businesses. 15 £ Electronic versions of the sample flyers can be obtained from the Project 16 Construction Inspector, 17 J. Coordination with United States Army Corps of Engineers (USACE) I8 I. At locations in the Project where construction activities occur in areas where 19 USACE permits are required, meet all requirements set forth in each designated 20 permit. 21 K. Coordination within Railroad Permit Areas 22 1. At locations in the project where construction activities occur in areas where 23 railroad permits are required, meet all requirements set forth in each designated 24 railroad permit. This includes, but is not limited to, provisions for: 25 a. Flagmen 26 b. Inspectors 27 c. Safety training 28 d. Additional insurance 29 e. Insurance certificates 30 f. Other employees required to protect the right-of-way and property of the 31 Railroad Company from damage arising out of and/or from the construction of 32 the project. Proper utility clearance procedures shall be used in accordance 33 with the permit guidelines. 34 2. Obtain any supplemental information needed to comply with the railroad's 35 requirements. 36 3. Railroad Flagmen 37 a. Submit receipts to City for verification of working days that railroad flagmen 38 were present on Site. 39 L. Dust Control 40 1. Use acceptable measures to control dust at the Site. 41 a. If water is used to control dust, capture and properly dispose of waste water. 42 b. If wet saw cutting is performed, capture and properly dispose of slurry. 43 M. Employee Parking 44 1. Provide parking for employees at locations approved by the City. CITY OF FORT WORTH 2O18 CIP Year 2, Contract I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised December 20, 2012 013513-6 SPECIAL PROJECT PROCEDURES Page 6 of 8 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALSAINFORMATIONAL 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 12 13 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/3I/2012 D. Johnson 1.4.13 — Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 1.4.E — Added Contractor responsibility for obtaining a TCEQ Air Permit CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised December 20, 2012 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 01 35 13 - 7 SPECIAL PROJECT PROCEDURES Page 7 of 8 EXHIBIT A (To be printed on Contractor's Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE, OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 2018 CIP Year 2, Contract 11 City Project No. 101473-2 11 2 41 4 01 35 13 - 8 SPECIAL PROJECT PROCEDURES Page 8 of 8 EXHIBIT B FORTWORTH Date: ®OE F]O. S]SRII >E whet wfi=- . 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: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 'CONTRACTOR 2018 CIP Year 2, Contract I I City Project No. 101473-2 014523-1 TESTING AND INSPECTION SERVICES Page I of 2 SECTION 0145 23 TESTING AND INSPECTION SERVICES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another external FTP site approved by the City. CITY OF FORT WORTH 2O18 C1P Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July 1, 2011 014523-2 TESTING AND INSPECTION SERVICES Page 2 of 2 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) I copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City's Project Representative 4, Provide City's Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July 1, 2011 01 50 00 - 1 TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 SECTION 0150 00 TEMPORARY FACILITIES AND CONTROLS PART1- GENERAL 1.1 SUMMARY A. Section Includes: Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a. Temporary utilities b. Sanitary facilities c. Storage Sheds and Buildings d. Dust control e. Temporary fencing of the construction site B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City's Project Representatives. c. Coordination 1) Contact City 1 week before water for construction is desired CITY OF FORT WORTH 2O18 CIP Year 2, Contract II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July I, 2011 015000-2 TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City's established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary beat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off -site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. D. Temporary Fencing 1. Provide and maintain for the duration or construction when required in contract documents E. Dust Control CITY OF FORT WORTH 2O18 C1P Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July 1, 2011 015000-3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on -call at all times b. Must respond in a timely manner F. Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. Temporary Facilities 1, Maintain all temporary facilities for duration of construction activities as needed. 3.5 [REPAIR] / [RESTORATION] 3.6 RE -INSTALLATION 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3AI CLOSEOUT ACTIVITIES A. Temporary Facilities CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July 1, 2011 015000-4 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1. Remove all temporary facilities and restore area after completion of the Work, to a condition equal to or better than prior to start of Work. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSIRUCITON SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July 1, 2011 01 55 26 - l STREET USE PERMCr AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 SECTION 0155 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative procedures for: a. Street Use Permit b. Modification of approved traffic control c. Removal of Street Signs B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 3. Section 34 71 13 — Traffic Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Reference Standards 1. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification, unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS A. Traffic Control 1. General a. When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B. Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. CITY OF FORT WORTH 2O18 CIP Year 2,Coniroct 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised hdy 1, 2011 0155266-2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1) Allow a minimum of 5 working days for permit review. 2) Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. C. Modification to Approved Traffic Control 1. Prior to installation traffic control: a. Submit revised traffic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D. Removal of Street Sign 1. if it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E. Temporary Signage I . In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F. Traffic Control Standards 1. Traffic Control Standards can be found on the City's Buzzsaw website. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS ]NOT USED] 1.7 CLOSEOUT SUBMITTALS jNOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION CITY OF FORT WORTH 2O18 C1P Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July 1,2011 015525-3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH 2018 CIP Year 2,Contract II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July 1, 2011 01 57 13 - 1 STORM WATER POLLUTION PREVENTION Page 1 of 3 SECTION 0157 13 STORM WATER POLLUTION PREVENTION PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division I -- General Requirements 3. Section 31 25 00 —Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than I acre of disturbance a. Measurement and Payment shall be in accordance with Section 3125 00. 1.3 REFERENCES A. Abbreviations and Acronyms l . Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A. General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTJON SPECIFICA ITON DOCUMENTS City Project No.101473-2 Revised July 1, 2011 015713-2 STORM WATER POLLUTION PREVENTION Page 2 of 3 B. Construction Activities resulting in: l . Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 31 25 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXRI 50000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements l ) Prepare a TCEQ NOT form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOT 3) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 1.5 SUBMITTALS A. SWPPP Submit in accordance with Section 0133 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review CITY OF FORT WORT]1 2018 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July 1, 2011 015713-3 STORM WATER POLLUTION PREVENTION Page 3 of3 B. Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 0133 00. 1.6 ACTION SUBMITTALSIINFORMATIONAL SUBMITTALS [NOT USED] 1,7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH 2018 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July 1, 2011 SECTION 0158 13 TEMPORARY PROJECT SIGNAGE PART1- GENERAL 1.1 SUMMARY 0158 13- 1 TEMPORARY PROJECT SIGNAGE Page 1 of 3 A. Section Includes: 1. Temporary Project Signage Requirements B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division I --- Genera] Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2- PRODUCTS 2.1 OWNER -FURNISHED [oa] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 EQUIPMENT, PRODUCT TYPES, AND MATERIALS A. Design Criteria 1. Provide freestanding Project Designation Sign in accordance with City's Standard Details for project signs. CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July 1, 2011 015813-2 TEMPORARY PROJECT SIGNAGE Page 2 of 3 B. Materials 1. Sign a. Constructed of a/a-inch fir plywood, grade A-C (exterior) or better 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. General 1. Provide vertical installation at extents of project. 2. Relocate sign as needed, upon request of the City. B. Mounting options a. Skids b. Posts c. Barricade 3.5 REPAIR 1 RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [ou] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE A. General 1. Maintenance will include painting and repairs as needed or directed by the City. 3.14 ATTACHMENTS [NOT USED] END OF SECTION CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised .Iuly 1, 2011 01 58 13-3 TEMPORARY PROJECT SIGNAGE Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH 2O18 CIP Year 2, Contract II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July I, 2011 SECTION 0160 00 PRODUCT REQUIREMENTS PART1- GENERAL 11 SUMMARY 01 60 00 - 1 PRODUCT REQUIREMENTS Pagel of 2 A. Section Includes: 1. References for Product Requirements and City Standard Products List B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. A list of City approved products for use is located on Buzzsaw as follows: 1. Resources102 - Construction Documents\Standard Products List B. Only products specifically included on City's Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. C. Any specific product requirements in the Contract Documents supersede similar products included on the City's Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City's Standard Product List. D. Although a specific product is included on City's Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer's standard product. E. See Section 0133 00 for submittal requirements of Product Data included on City's Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised December 20, 2012 016000-2 PRODUCT REQUIREMENTS Page 2 of 2 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City's Standard Product List CITY OF FORT WORTH 2O18 CIP Year 2, Contract I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised December 20, 2012 016600-1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of SECTION 0166 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1, None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS f NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised hdy 1, 2011 016600-2 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and frilly mark and identify as to manufacturer, item and installation Iocation. 6. Provide manufacturer's instructions for storage and handling. B. Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer's recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer's recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City's Project Representative. 5. Provide off -site storage and protection when on -site storage is not adequate. a. Provide addresses of and access to off -site storage locations for inspection by City's Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers' unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City's Project Representative. a. Total length which materials maybe distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City's Project Representative. CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No,101473-2 Revised July 1, 2011 016600-3 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD loR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non -Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July 1, 2011 01 66 00 - 4 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH 2O18 CIP Year 2, Contract II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised July I, 2011 017000-1 MOBILIZATION AND REMOBII.IZATION Page I of 4 1 SECTION 0170 00 2 MOBILIZATION AND REMOBIL,IZATION 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 1. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor's operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor's personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor's operation from I location to another location on the Site. b. Demobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. MobiIization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor's operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization CITY OF FOR'r WORTH 2O18 CIP Year 2, Contract II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised November 22, 2016 017000-2 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 operation 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 11 b) Site Clean-up 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 payment 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 mobilization 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 [Consult City Department/Division for direction on if 26 Mobilization pay item to be included or the item sbouid be subsidiary. Include the 27 appropriate Section 1.2 A. 1.1 28 1. Mobilization and Demobilization 29 a. Measure 30 1) This Item is considered subsidiary to the various Items bid. 31 b. Payment 32 1) The work performed and materials furnished in accordance with this Item 33 are subsidiary to the various Items bid and no other compensation will be 34 allowed. 35 2. Remobilization for suspension of Work as specifically required in the Contract 36 Documents 37 a. Measurement 38 1) Measurement for this Item shall be per each remobilization performed. 39 b. Payment 40 1) The work performed and materials furnished in accordance with this Item 41 and measured as provided under "Measurement" will be paid for at the unit 42 price per each "Specified Remobilization" in accordance with Contract 43 Documents. 44 c. The price shall include: 45 1) Demobilization as described in Section 1.1.A.2.a.1) 46 2) Remobilization as described in Section 1.1.A.2.a.2) CITY OF FORT WORTH 2O18 CIP Year 2, Contract I I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised November 22, 2016 017000-3 MOBILIZATION AND REMOBILIZATION Page 3 ot4 1 d. No payments will be made for standby, idle time, or lost profits associated this 2 Item. 3 3. Remobilization for suspension of Work as required by City 4 a. Measurement and Payment 5 1) This shall be submitted as a Contract Claim in accordance with Article 10 6 of Section 00 72 00. 7 2) No payments will be made for standby, idle time, or lost profits associated 8 with this Item. 9 4. Mobilizations and Demobilizations for Miscellaneous Projects 10 a. Measurement 11 1) Measurement for this Item shall be for each Mobilization and 12 Demobilization required by the Contract Documents 13 b. Payment 14 1) The Work performed and materials furnished in accordance with this Item 15 and measured as provided under "Measurement" will be paid for at the unit 16 price per each "Work Order Mobilization" in accordance with Contract 17 Documents. Demobilization shall be considered subsidiary to mobilization 18 and shall not be paid for separately. 19 c. The price shall include: 20 1) Mobilization as described in Section 1.I.A.3.a.1) 21 2) Demobilization as described in Section 1.1.A.3.a.2) 22 d. No payments will be made for standby, idle time, or lost profits associated this 23 Item. 24 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects 25 a. Measurement 26 1) Measurement for this Item shall be for each Mobilization and 27 Demobilization required by the Contract Documents 28 b. Payment 29 1) The Work performed and materials furnished in accordance with this Item 30 and measured as provided under "Measurement" will be paid for at the unit 31 price per each "Work Order Emergency Mobilization" in accordance with 32 Contract Documents. Demobilization shall be considered subsidiary to 33 mobilization and shall not be paid for separately. 34 c. The price shall include 35 1) Mobilization as described in Section 1.1.A.4.a) 36 2) Demobilization as described in Section 1.I.A.3.a.2) 37 d. No payments will be made for standby, idle time, or lost profits associated this 38 Item. 39 1.3 REFERENCES [NOT USED] 40 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 41 1.5 SUBMITTALS [NOT USED] 42 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 43 1.7 CLOSEOUT SUBMITTALS [NOT USED] 44 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] CITY OF FORT WORTH 2O18 CIP Year 2, Contract I I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised November 22, 2016 017000-4 MOBILIZATION AND REMOBILIZATION Page 4 of 4 1 1.9 QUALITY ASSURANCE [NOT USED] 2 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 3 1.11 FIELD [SITE] CONDITIONS [NOT USED] 4 1.12 WARRANTY [NOT USED] 5 PART 2 - PRODUCTS [NOT USED] 6 PART 3 - EXECUTION [NOT USED] 7 S 9 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 11/22/16 Michael Owen 1.2 Price and Payment Procedures - Revised specification, including blue text, to make specification flexible for either subsidiary or paid bid item for Mobilization. CITY OF FORT WORTH 2O18 CIP Year 2. Contract 1 I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101473-2 Revised Noveinber 22, 2016 01 71 23 - 1 CONSTRUCTION STAKING AND SURVEY Page I of 8 SECTION 01 71 23 CONSTRUCTION STAKING AND SURVEY PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Requirements for construction staking and construction survey B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 -- General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Staking a. Measurement 1) Measurement for this Item shall be by lump sum. b. Payment 1) The work performed and the materials furnished in accordance with this Item shall be paid for at the lump sum price bid for "Construction Staking". 2) Payment for "Construction Staking" shall be made in partial payments prorated by work completed compared to total work included in the lump sum item. c. The price bid shall include, but not be limited to the following: 1) Verification of control data provided by City. 2) Placement, maintenance and replacement of required stakes and markings in the field. 3) Preparation and submittal of construction staking documentation in the form of "cut sheets" using the City's standard template. Construction Survey a. Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 3. As -Built Survey a. Measurement 1) Measurement for this Item shall be by lump sum. b. Payment 1) The work performed and the materials furnished in accordance with this Item shall be paid for at the lump sum price bid for "As -Built Survey". CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised February 14, 2018 01 71 23 - 2 CONSTRUCTION STAKING AND SURVEY Page 2 of 8 2) Payment for "Construction Staking" shall be made in partial payments prorated by work completed compared to total work included in the lump sum item. c. The price bid shall include, but not be limited to the following:: I) Field measurements and survey shots to identify location of completed facilities. 2) Documentation and submittal of as -built survey data onto contractor redline plans and digital survey files. 1.3 REFERENCES A. Definitions 1. Construction Survey - The survey measurements made prior to or while construction is in progress to control elcvation, horizontal position, dimensions and configuration of structures/improvements included in the Project Drawings. 2. As -built Survey —The measurements made after the construction of the improvement features are complete to provide position coordinates for the features of a project. 3. Construction Stakin>; The placement of stakes and markings to provide offsets and elevations to cut and fill in order to locate on the ground the designed structures/improvements included in the Project Drawings. Construction staking shall include staking easements and/or right of way if indicated on the plans. 4. Survey "Field Checks" -- Measurements made after construction staking is completed and before construction work begins to ensure that structures marked on the ground are accurately located per Project Drawings. B. Technical References l . City of Fort Worth — Construction Staking Standards (available on City's Buzzsaw website) 01 71 23.16.01 Attachment A Survey Staking Standards 2. City of Fort Worth - Standard Survey Data Collector Library (fxl) files (available on City's Buzzsaw website). 3. Texas Department of Transportation (TxDOT) Survey Manual, latest revision 4. Texas Society of Professional Land Surveyors (TSPS), Manual of Practice for Land Surveying in the State of Texas, Category 5 1.4 ADMINISTRATIVE REQUIREMENTS A. The Contractor's selection of a surveyor must comply with Texas Government Code 2254 (qualifications based selection) for this project. 1.5 SUBMITTALS A. Submittals, if required, shall be in accordance with Section 0133 00. B. All submittals shall be received and reviewed by the City prior to delivery of work. 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS A. Field Quality Control Submittals CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised February 14, 2018 01 71 23 - 3 CONSTRUCTION STAKING AND SURVEY Page 3 of 8 1. Documentation verifying accuracy of field engineering work, including coordinate conversions if plans do not indicate grid or ground coordinates. 2. Submit "Cut -Sheets" conforming to the standard template provided by the City (refer to 01 71 23. I 6.01 — Attachment A --- Survey Staking Standards), 1.7 CLOSEOUT SUBMITTALS B. As -built Redline Drawing Submittal 1. Submit As -Built Survey Redline Drawings documenting the locations/elevations of constructed improvements signed and scaled by Registered Professional Land Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01 — Attachment A Survey Staking Standards) . 2. Contractor shall submit the proposed as -built and completed redline drawing submittal one (1) week prior to scheduling the project final inspection for City review and comment. Revisions, if necessary, shall be made to the as -built redline drawings and resubmitted to the City prior to scheduling the construction final inspection. 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Construction Staking 1. Construction staking will be performed by the Contractor. 2. Coordination a. Contact City's Project Representative at least one week in advance notifying the City of when Construction Staking is scheduled. b. It is the Contractor's responsibility to coordinate staking such that construction activities are not delayed or negatively impacted. General a. Contractor is responsible for preserving and maintaining stakes. If City surveyors are required to re -stake for any reason, the Contractor will be responsible for costs to perform staking. If in the opinion of the City, a sufficient number of stakes or markings have been Iost, destroyed disturbed or omitted that the contracted Work cannot take place then the Contractor will be required to stake or re -stake the deficient areas. B. Construction Survey 1. Construction Survey will be performed by the Contractor. 2. Coordination a. Contractor to verify that horizontal and vertical control data established in the design survey and required for construction survey is available and in place. 3. General a. Construction survey will be performed in order to construct the work shown on the Construction Drawings and specified in the Contract Documents. b. For construction methods other than open cut, the Contractor shall perform construction survey and verify control data including, but not limited to, the following: 1) Verification that established benchmarks and control are accurate. CITY OF FORT WORTH 2O18 CIP Year 2, Contract]] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised February 14, 2018 017123-4 CONSTRUCTION STAKING AND SURVEY Page 4 of S 2) Use of Benchmarks to furnish and maintain all reference lines and grades for tunneling. 3) Use of line and grades to establish the location of the pipe. 4) Submit to the City copies of field notesused to establish all lines and grades, if requested, and allow the City to check guidance system setup prior to beginning each tunneling drive. 5) Provide access for the City, if requested, to verify the guidance system and the line and grade of the carrier pipe. 6) The Contractor remains fully responsible for the accuracy of the work and correction of it, as required. 7) Monitor line and grade continuously during construction. 8) Record deviation with respect to design line and grade once at each pipe joint and submit daily records to the City. 9) If the installation does not meet the specified tolerances (as outlined in Sections 33 05 23 and/or 33 05 24), immediately notify the City and correct the installation in accordance with the Contract Documents. C. As -Built Survey 1. Required As -Built Survey will be performed by the Contractor. 2. Coordination a. Contractor is to coordinate with City to confirm which features require as - built surveying. b. It is the Contractor's responsibility to coordinate the as -built survey and required measurements for items that are to be buried such that construction activities are not delayed or negatively impacted. c. For sewer mains and water mains 12" and under in diameter, it is acceptable to physically measure depth and mark the location during the progress of construction and take as -built survey after the facility has been buried. The Contractor is responsible for the quality control needed to ensure accuracy. 3. General a. The Contractor sbail provide as -built survey including the elevation and location (and provide written documentation to the City) of construction features during the progress of the construction including the following: 1) Water Lines a) Top of pipe elevations and coordinates for waterlines at the following locations: (1) Minimum every 250 linear feet, including (2) Horizontal and vertical points of inflection, curvature, etc. (3) Fire line tee (4) Plugs, stub -outs, dead-end lines (5) Casing pipe (each end) and all buried fittings 2) Sanitary Sewer a) Top of pipe elevations and coordinates for force mains and siphon sanitary sewer lines (non -gravity facilities) at the following locations: (1) Minimum every 250 linear feet and any buried fittings (2) Horizontal and vertical points of inflection, curvature, etc. 3) Stormwater — Not Applicable CITY OF FORT WORTH 2O18 C1P Year 2, Contract Il STANDARD CONSTRUCTION SPrCIFICATION DOCUMENTS City Project No.101473-2 Revised February 14, 2018 01 7123 - 5 CONSTRUCTION STAKING AND SURVEY Page 5 of S The Contractor shall provide as -built survey including the elevation and location (and provide written documentation to the City) of construction features after the construction is completed including the following: 1) Manholes a) Rim and flowline elevations and coordinates for each manhole 2) Water Lines a) Cathodic protection test stations b) Sampling stations c) Meter boxes/vaults (All sizes) d) Fire hydrants e) Valves (gate, butterfly, etc.) f) Air Release valves (Manhole rim and vent pipe) g) Blow off valves (Manhole rim and valve lid) h) Pressure plane valves i) Underground Vaults (1) Rim and flowline elevations and coordinates for each Underground Vault. 3) Sanitary Sewer a) Cleanouts (1) Rim and flowline elevations and coordinates for each b) Manholes and Junction Structures (1) Rim and flowline elevations and coordinates for each manhole and junction structure. 4) Stormwater —Not Applicable 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY PART2- PRODUCTS A. A construction survey will produce, but will not be limited to: 1. Recovery of relevant control points, points of curvature and points of intersection. 2. Establish temporary horizontal and vertical control elevations (benchmarks) sufficiently permanent and located in a manner to be used throughout construction. 3. The location of planned facilities, easements and improvements. a. Establishing final line and grade stakes for piers, floors, grade beams, parking areas, utilities, streets, highways, tunnels, and other construction. b. A record of revisions or corrections noted in an orderly manner for reference. c. A drawing, when required by the client, indicating the horizontal and vertical location of facilities, easements and improvements, as built. 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all construction staking projects. These cut sheets shall be on the standard city template which can be obtained from the Survey Superintendent (817-392-7925). 5. Digital survey files in the following formats shall be acceptable: a. AutoCAD (.dwg) b. ESRI Shapefile (.shp) CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised February 14, 2018 017123-6 CONSTRUCTION STAKING AND SURVEY Page 6 of 8 c. CSV file (.csv), formatted with X and Y coordinates in separate columns (use standard templates, if available) 6. Survey files shall include vertical and horizontal data tied to original project control and benchmarks, and shall include feature descriptions PART 3 - EXECUTION 3.1 INSTALLERS A. Tolerances: The staked location of any improvement or facility should be as accurate as practical and necessary. The degree of precision required is dependent on many factors all of which must remain judgmental. The tolerances listed hereafter are based on generalities and, under certain circumstances, shall yield to specific requirements. The surveyor shall assess any situation by review of the overall plans and through consultation with responsible parties as to the need for specific tolerances. a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical tolerance. Horizontal alignment for earthwork and rough cut should not exceed 1.0 ft. tolerance. b. Horizontal alignment on a structure shall be within .0.1 ft tolerance. c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and walkways shall be located within the confines of the site boundaries and, occasionally, along a boundary or any other restrictive line. Away from any restrictive line, these facilities should be staked with an accuracy producing no more than 0.05ft. tolerance from their specified locations. d. Underground and overhead utilities, such as sewers, gas, water, telephone and electric lines, shall be located horizontally within their prescribed areas or easements. Within assigned areas, these utilities should be staked with an accuracy producing no more than 0.1 ft tolerance from a specified location. e. The accuracy required for the vertical location of utilities varies widely. Many underground util itics require only a minimum cover and a tolerance of 0.1 ft. should be maintained. Underground and overhead utilities on planned profile, but not depending on gravity flow for performance, should not exceed 0.1 ft. tolerance. B. Surveying instruments shall be kept in close adjustment according to manufacturer's specifications or in compliance to standards. The City reserves the right to request a calibration report at any time and recommends regular maintenance schedule be performed by a certified technician every 6 months. 1. Field measurements of angles and distances shall be done in such fashion as to satisfy the closures and tolerances expressed in Part 3.1.A. 2. Vertical locations shall be established from a pre -established benchmark and checked by closing to a different bench mark on the same datum. 3. Construction survey field work shall correspond to the client's plans. Irregularities or conflicts found shall be reported promptly to the City. 4. Revisions, corrections and other pertinent data shall be logged for future reference. CITY OF FORT WORTH 2018 CIP Year Z Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised February 14, 2018 01 71 23 - 7 CONSTRUCTION STAKING AND SURVEY Page 7 of 8 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION 3.5 REPAIR / RESTORATION A. If the Contractor's work damages or destroys one or more of the control monuments/points set by the City, the monuments shall be adequately referenced for expedient restoration. 1. Notify City if any control data needs to be restored or replaced due to damage caused during construction operations. a. Contractor shall perform replacements and/or restorations. b. The City may require at any time a survey "Field Check" of any monument or benchmarks that are set be verified by the City surveyors before further associated work can move forward. 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL A. It is the Contractor's responsibility to maintain all stakes and control data placed by the City in accordance with this Specification. This includes easements and right of way, if noted on the plans. B. Do not change or relocate stakes or control data without approval from the City. 3.8 SYSTEM STARTUP A. Survey Checks 1. The City reserves the right to perform a Survey Check at any time deemed necessary. 2. Checks by City personnel or 3`l party contracted surveyor are not intended to relieve the contractor of his/her responsibility for accuracy. 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log CITY OF FORT WORTH 2O18 CIP Year 2, Contract 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised February 14, 2018 017123-8 CONSTRUCTION STAKING AND SURVEY Page 8 of 8 DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson Added instruction and modified measurement & payment under 1.2; added 8/31/2017 M. Owen definitions and references under 1.3; modified 1.6; added 1.7 closeout submittal requirements; modified 19 Quality Assurance; added PART 2 -- PRODUCTS ; Added 3.1 Installers; added 3.5 Repair/Restoration; and added 3.8 System Startup. Removed "blue text"; revised measurement and payment sections for Construction Staking and As -Built Survey; added reference to selection compliance with TGC 2/14/2018 M Owen 2254; revised action and Closeout submittal requirements; added acceptable depth measurement criteria; revised list of items requiring as -built survey "during" and "after" construction; and revised acceptable digital survey file format CITY OF FORT WORTH 2O18 C1P Year Z Contract I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101473-2 Revised February 14, 2018 2013 PREVAILING WAGE RATES (Heavy and Highway Construction Projects) CLASSIFICATION DESCRIPTION Wage Rate Asphalt Distributor Operator $ 15.32 Asphalt Paving Machine Operator $ 13.99 Asphalt Raker $ 12.69 Broom or Sweeper Operator $ 11.74 Concrete Finisher, Paving and Structures $ 14.12 Concrete Pavement Finishing Machine Operator $ 16.05 Concrete Saw Operator $ 14.48 Crane Operator, Hydraulic 80 tons or less $ 18.12 Crane Operator, Lattice Boom 80 Tons or Less $ 17.27 Crane Operator, Lattice Boom Over 80 Tons $ 20.52 Crawler Tractor Operator $ 14.07 Electrician $ 19.80 Excavator Operator, 50,000 pounds or less $ 17.19 Excavator Operator, Over 50,000 pounds $ 16.99 Flagger $ 10.06 Form Builder/Setter, Structures $ 13.84 Form Setter, Paving & Curb $ 13.16 Foundation Drill Operator, Crawler Mounted $ 17.99 Foundation Drill Operator, Truck Mounted $ 21.07 Front End Loader Operator, 3 CY or Less $ 13.69 Front End Loader Operator, Over 3 CY $ 14.72 Laborer, Common $ 10.72 Laborer, Utility $ 12.32 Loader/Backhoe Operator $ 15.18 Mechanic $ 17.68 Milling Machine Operator $ 14.32 Motor Grader Operator, Fine Grade $ 17.19 Motor Grader operator, Rough $ 16.02 Off Road Hauler $ 12.25 Pavement Marking Machine Operator $ 13.63 Pipelayer $ 13.24 Reclaim er/Pulverizer Operator $ 11.01 Reinforcing Steel Worker $ 16.18 Roller Operator, Asphalt $ 13.08 Roller Operator, Other $ 11.51 Scraper Operator $ 12.96 Servicer $ 14.58 Small Slipform Machine Operator $ 15.96 Spreader Box Operator $ 14.73 Truck Driver Lowboy -Float $ 16.24 Truck Driver Transit -Mix $ 14.14 Truck Driver, Single Axle $ 12.31 Truck Driver, Single or Tandem Axle Dump Truck $ 12.62 Truck Driver, Tandem Axle Tractor with Semi Trailer $ 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 by the United States Department of Labor and current as of September 2013. The titles and descriptions for the classifications listed are detailed in the AGC of Texas' Standard Job Classifications and Descriptions for Highway, Heavy, Utilities, and Industrial Construction in Texas. Page 1 of 1 FORT WORTH Section 01 i1 23.01- Attachment A Survey Staking Standards February 2017 0:\Specs-Stds Governance Process\Temporary Spec Piles\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 1 of 26 These procedures are intended to provide a standard method for construction staking services associated with the City of Fork Worth projects. These are not to be considered all inclusive, but only as a general guideline. For projects on TXDOT right-of-way or through joint TXDOT participation, adherence to the TXDOT Survey Manual shall be followed and if a discrepancy arises, the MOT manual shall prevail. (http://onlinemanuals.txdot.goy/txdotmanuals/ess/ess.pdf) If you have a unique circumstance, please consult with the project manager, inspector, orsurvey department at 817-392-7925. Fable of Contents I. City of Fort Worth Contact Information 11. Construction Colors III. Standard Staking Supplies IV. Survey Equipment, Control, and Datum Standards V. Water Staking VI. Sanitary Sewer Staking V11. Storm Staking Vill. Curb and Gutter Staking Ix. Cut Sheets X. As -built Survey O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 2 of 26 I. Survey Department Contact Information Physical and mailing address: 8851 Camp Bowie West Boulevard Suite 300 Fort Worth, Texas 76116 Office: (817) 392-7925 Survey Superintendent, direct line: (817) 392-8971 H. Construction Colors The following colors shall be used for staking or identifying features in the field. This includes flagging, paint of laths/stakes, paint of hubs, and any identification such as pin flags if necessary. Utility Color PROPOSED EXCAVATION WHITE ALL ELECTRIC AND CONDUITS i POTABLE WATER GAS OR OIL YELLOW TELEPHONE/FIBER OPTIC ORANGE LL� SURVEY CONTROL POINTS, BENCHMARKS, PROPERTY CORNERS, RIGHT-OF-WAYS, AND ALL PAVING INCLUDING CURB, SIDEWALK, BUILDING CORNERS RINK SANITARY SEWER IRRIGATION AND RECLAIMED WATER Ill. Standard Staking Supplies Item Minimum size Lath/Stake 36" tall Wooden Hub (2"x2" min. square preferred) 6" tall Pin Flags (2.5" x 3.5" preferred) 21" long Guard Stakes Not required PK or Mag nails 1" long Iron Rods (1/2" or greater diameter) 18" long Survey Marking Paint Water -based Flagging 1" wide Marking Whiskers (feathers) 6" long Tacks (for marking hubs) 3/4" long O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 3 of 26 CITY OF FORT WORTH, TEXAS WATER DEPARTMENT ADDENDUM NO. 1 To the Specifications and Contract Documents For City Project No. 101473-2 UNIT 1— WATER UNIT 2 -- SANITARY SEWER UNIT 3 — ASPHALT PAVEMENT IMPROVEMENTS Addendum No. 1 Issued: March 6, 2020 This addendum forms part of the Specifications and Contract Documents for the above referenced Project and modifies the original Specifications and Contract Documents. Bidder shall acknowledge receipt of this addendum in the space provided below and acknowledge receipt on the outer envelope in your bid. Failure to acknowledge receipt of this addendum could subject the bidder to disqualification. The Specifications and Contract Documents for City Project No. 101473-2 are hereby revised by Addendum No. 1 as follows: This addendum revises the Plan Holder Registration Instructions to the following: To the Plan Holder: By downloading Plan Holder Registration form to your computer, completing and emailing it to the City project manager or the design engineer, you help insure that you are kept up to date of any new information pertaining to this project such as addendums. The City project manager and design engineer are responsible to upload the Plans Holder Registration form into the Plan Holders folder on B1M360. Please email your Plan Holder Registration Form to: Maged 2aki Project Manager maged.zaki@fortworthtexas.gov 817-392-5448 A-1 Addendum No.1 2018 CIP Year 2, Contract 11 City Project No. 101473-2 Alex Martinez Design Engineer amartinez@azb-engrs.com 214-341--9900 II. Construction Plans are revised as follows: 1. TYPICAL SECTION Sheets 45, 46, 49, and 52 are replaced with attached Sheets 45, 46, 49, and 52 Rev 1 i. Note revised to state that stabilization under curb and gutter is to be 5" CTB or in place cement stabilization and is to be subsidiary to 6" concrete curb and gutter, 2. PAVING PLAN AND PROFILE Sheet 50 is replaced with attached Sheet 50 Rev 1 i. Pavement width dimensions revised. 3. PAVING PLAN AND PROFILE Sheets 48 and 53-57 are replaced with attached Sheets 50 and 53-57 Rev 1 1. Sidewalk ramps revised as shown on plans. 4. PAVEMENT CONSTRUCTION DETAIL Sheets 69-71 are replaced with attached Sheets 69- 71 Rev 1 L Notes added to state that 18" gutter within ramp limits is subsidiary to Barrier Free Ramp bid items and clarify pay limits for ramps. 5. PAVEMENT CONSTRUCTION DETAIL Sheet 75 is replaced with attached Sheet 75 Rev 1 i. Note added to state that 9" HMAC transition is to be subsidiary to 6" concrete curb and gutter bid item. 6. PAVEMENT CONSTRUCTION DETAIL Sheet 82 is added to the project L This sheet is a modified detail for Type R-1 curb ramps to clarify pay limits where the ramp is adjacent to the curb. lll. Contract Documents are revised as follows: 1. SECTION 00 42 43, PROPOSAL FORM is deleted in its entirety and replaced via this addendum with Specification Section 00 42 43, Proposal Form, Addendum No. 1. 2. SECTION 00 45 12, PREQUALIFICATION STATEMENT is deleted in its entirety and replaced via this addendum with Specification Section 00 45 12, Prequalification Statement, Addendum No. 1. 3. SECTION 34 7113.01, Traffic Control -- Neighborhood Street Projects has recently been revised. The Contractor should read and become familiar with this section before bidding on the project. 4. THE FOLLOWING CLARIFICATION IS ISSUED FOR THE PROJECT: The stabilization process for cem-lime is identical to the process used for cement stabilization. This Addendum No. 1 forms part of the Specifications & Contract Documents for the above referenced project and modifies the original Project Manual & Contract Documents of the same. Acknowledge your receipt of Addendum No. 1 by completing the requested information at the following locations: A-2 Addendum No. 1 2018 CIP Year 2, Contract 11 City Project No. 101473-2 (1) In the space provided in Section 00 4100, Bid Form, Page 3 of 3 (2) indicate in uppercase letters on the outside of your seated bid envelope" "RECEIVED AND ACKNOWLEDGED ADDENDUM NO. I" Include a signed copy of Addendum No. 1 in the sealed bid envelope at the time of bid submittal. 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