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HomeMy WebLinkAboutContract 46441 (2). --TORT WORTH PROJECT MANUAL FOR THE CONSTRUCTION OF MS COPY FOR: CONTRACTOR CONTRACTORi KNOW CO. CITY SECRETARY CITY MANAGED OFFICE DOWERING Olt TWPIN • FILE COPY BRIDGE REPAIR AND REHABILITATION AT FOURTEEN LOCATIONS (2014-25) City Project No. GG01-539590-0202003 Betsy Price Tom Higgins Mayor City Manager Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2014 ..*: r*: / i %� 110131 ;/�o• //s/cENsS41 .� vim` 05 01.111- Freese and Nichols, inc.. Texas Regist ?red Engineering Firm F-2144 HYUNSIK MOON �P••.... TF_1I ••A ••-1 I/ * =*i OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX RECEIVED FEB 17 2015 M&C Review Official site of the City of Fort Woith, Texas FORTWORTiI _�� Page 1 of 2 CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 1/6/2015 L DATE CODE 1/6/2015 REFERENCE NO.: **C-27138 C TYPE: CONSENT LOG NAME: PUBLIC HEARING: 20BRIDGE REPAIR 2014-25 NO SUBJECT: Authorize Execution of a Contract with Gibson & Associates, Inc., in the Amount of $695,348.77 for Bridge Repair and Rehabilitation at Multiple Locations Throughout the City of Fort Worth (COUNCIL DISTRICTS 3, 4, 5, 6, 7, 8 and 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Gibson & Associates, Inc., in the amount of $695,348.77 for bridge repair and rehabilitation at multiple locations throughout the City of Fort Worth. DISCUSSION: This contract for 150 calendar days provides for the repair and rehabilitation of seventeen bridges located throughout the City. Funding for this project is included in the Fiscal Year 2015 General Fund Budget as part of the bridge maintenance program. The City reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus 25 percent of the contract award. The project was advertised on May 15, 2014 and May 22, 2014, in the Fort Worth Star-Telegram. On June 12, 2014, the following bid was received: BIDDER AMOUNT Gibson & Associates, Inc. $695,348.77 M/WBE Office - Gibson & Associates, Inc., is in compliance with the City's BDE Ordinance by committing to ten percent MBE participation on this project. The City's MBE goal on this project is nine percent. The delay in awarding this contract was due to a gap in funding available in Fiscal Year 2014 General Fund Budget. The apparent low bidder Gibson & Associates, Inc., has agreed that it will honor its bid prices through the end of Fiscal Year 2015. These improvements are located in COUNCIL DISTRICTS 3, 4, 5, 6, 7, 8 and 9, Mapsco 9A, 92H, 104H, 66J, 76J, 62S, 61 U, 63U, 58V, 61 W, 63W and 642Y. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations funds are available for this expenditure. The Fiscal Year 2015 Budget includes appropriations of $1,205,506.00 in the General Fund, Transportation and Public Works cost center for the bridge maintenance program. To date, $212,733.52 of those appropriations have been expended. http://apps.cfwnet.org/council�acket/mc_review.asp?ID=20148&councildate=l /6/2015 1 /16/2015 M&C Review TO Fund/AccountlCenters Submitted for City Manager's Office bv: Oriqinatinq Department Head: Additional Information Contact: ATTACHMENTS Bridge_R���ir Bid Tab.pdf Bridge Repair Locations.pdf Location Map01.pdf Location Map02.pdf Location Map03.pdf Location Map04,pdf Location Map05.pdf Location Map06.pdf Location Map07.pdf Location Map08.pdf [J Page 2 of 2 FROM Fund/AccountlCenters GG01 539590 0202003 $695,348.77 Fernando Costa (6122) Douglas W. Wiersig (7801) Richard Martinez (7914) � I . , 3 • ; .[ ''• � 3 . : r � . LJ ��^� `s�^ '�; �I � �ib� »� F t r'" �'Y� � .. �' C : a' . ., .,� .�: � r � , .. � ' }I �` : � �t . .. �� _ -,� . .. , . � : ' � : .�.� '[.:_ .4 ,��."' . :° . :.,.� . ` . ��,:' .'-i y1 �',f . . - ' . „ . .. . . '" ' ... -' .. _ ... � . . .. .:.�. ... . , . , ':. . .� .-.. . . . . • � '+ ' .. � �,- ' . 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F . , . � • � . . � ' http://apps.cfwnet.org/council�acket/mc_review.asp?ID=20148&councildate=l /6/2015 1 / 16/2015 000000-1 TABLE OF CONTENTS Page 1 of 2 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 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions 00 OS 10 Mayor and Council Communication 00 OS 15 Addenda 00 11 13 Invitation to Bidders 00 21 13 Instructions to Bidders 00 35 13 Conflict of Interest Affidavit 00 4100 Bid Form 00 42 43 Proposal Form Unit Price 00 43 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 00 45 26 Contractor Compliance with Workers' Compensation Law 00 45 40 Minority Business Enterprise Goal 00 52 43 Agreement 00 61 13 Performance Bond 00 61 14 Payment Bond 00 61 19 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division Ol - General Requirements Ol 1100 Summary of Work Ol 25 00 Substitution Procedures O1 31 19 Preconstruction Meeting Ol 3120 Project Meetings O1 32 16 Construction Progress Schedule O1 32 33 Preconstruction Video O1 33 00 Submittals O1 35 13 Special Project Procedures Ol 45 23 Testing and Inspection Services O1 50 00 Temporary Facilities and Controls O1 55 26 Street Use Pernut and Modifications to Traffic Control Ol 57 13 Storm Water Pollution Prevention Plan O1 58 13 Temporary Project Signage Ol 60 00 Product Requirements O1 74 23 Cleaning Ol 77 19 Closeout Requirements O1 78 39 Project Record Documents Division 34 - Transportation 34 71 13 Traffic Control Special (TacDOT�* TxDOT Remove Concrete (Sidewalks) — Spec 104-2015 TxDOT Remove Concrete (App Slab) — Spec 104-2027 TxDOT Remove Concrete (Misc. Slab) — Spec 104-2028 TxDOT Excavation (Special) — Spec 110-2003 CPTI' OF FORT WORTH BRIDGE REHABILITATION (2014-25) STANDARD CONSTRUCTION SPECIFTCATION DOCUMENTS GGOl-539590-0202003 Revised November 9, 2011 000000-2 TABLE OF CONTENTS Page 2 of 2 2 TxDOT Plan and Text Asph Conc Pav (0" to'/a") — Spec 354-2001 3 TxDOT Plan Asph Conc Pav (2") — Spec 354-2045 4 TxDOT Conc Pav (13") — Spec 360-2006 5 TxDOT Flowable Bacl�'ill — Spec 401-2001 6 TxDOT Cl S Concrete (Slab) — Spec 420-2029 7 TxDOT Cl S Concrete (App Slab) — Spec 420-2033 8 TxDOT Cl S Concrete Sidewalk (Bridge Sdwlk) — Spec 420-2034 9 TxDOT Concrete Structure Repair (Horizontal) — Spec 429-2007 10 TxDOT Concrete Structure Repair (Vertical or Overhead) — Spec 429-2008 11 T�OT Riprap (Stone Protection)(30 IN) — Spec 432-2024 12 TacDOT Sliding Elastomeric Bearing (SE 1) — Spec 434-2017 13 TxDOT Cleaning and Sealing Existing Joints (CL-7) — Spec 438-2002 14 TxDOT Structural Steel (Misc Non Bridge) — Spec 442-2048 15 TacDOT Clean and Paint Existing Structure (Sys III) — Spec 446-2041 16 T�cDOT Rail (Ty T411) — Spec 450-2006 17 TxDOT Rail (Ty PRl) — Spec 450-2025 18 TxDOT Remove Rail (Metal Elements) — Spec 452-2009 19 TxDOT Sealed Expansion Joint (SEJ-A) — Spec 454-2001 20 TxDOT Raising Existing Structure — Spec 495-2001 21 TxDOT Epoxy Injection — Spec 780-2001 22 TxDOT Dense Graded Hot Mixed Asphalt- Spec-SS3268 23 TxDOT Multi-Layer Epoxy Concrete Overlay- Spec-SS7097 24 25 26 27 28 29 30 31 32 33 34 *TxDOT Speciiications adopted by the Texas Department of Transportation June 1, 2004, are included for this project by reference. All standard specifications included in the Department's Standard for Construction and Maintenance of Hi�hways, Streets, and Bridges are incorporated into the contract by reference. Appendix GC-6.06.D GC-6.07 AP-1 Minority and Women Owned Business Enterprise Compliance Wage Rates Bridge Locations, Quantity Summaries, Plans and Details 35 END OF SECTION CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFTCATION DOCUMENTS Revised November 9, 2011 BRIDGE REFIABII.ITATION (2014-25) GGO1-539590-0202003 00 11 13 - 1 INVITATION TO BIDDERS Page 1 of 2 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 SECTION 001113 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of BRIDGE REPAIR AND REHABILITATION AT - FOURTEEN LOCATIONS (2014-25), GGO1-539590-0202003 will be received by the City of Fort Worth Purchasing Ofiice: City of Fort Worth Purchasing Division 1000 Throckmorton Street Fort Worth, Texas 76102 until 1:30 P.M. CST, Thursday, June 12, 2014, and bids will be opened publicly and read aloud at 2:00 PM CST in the Council Chambers. GENERAL DE5CRIPTION OF WORK The major work will consist of the (approximate) following: Project consists of bridge repair and rehabilitation construction. 6 L.S. Raising E�sting Structures 784 S.F. Concrete Structure Repair (Vertical or Overhead) 3,108 LB Structural Steel 5 L.S. Clean & Paint Exist Str (Sys III)(Bearings) 50 L.F. Sealed Expansion Joint (SEJ-A) 1,000 S.Y. Plan and Text Asphalt Conc Pav 1,000 S.Y. Multi-Layer Epoxy Concrete Overlay DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained on-line by visiting the City of Fort Worth's Purchasing Division website at http•//www fortworth o� v.org�purchasing/ and clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. Copies of the Bidding and Contract Documents may be purchased from Pamela Forehand, 817- 392-7913. City of Fort Worth, TPW, 2°d Floor, 1000 Throckmorton St., Fort Worth, TX 76102. The cost of Bidding and Contract Documents is: $30.00 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: Wednesday, May 28, 2014 TIME: 9.00 A.M. PLACE: Transportation & Public Works, 1000 Throckmorton Street, Room 270 Fort Worth, Texas 76102 LOCATION: Municipal Building, 2°d Floor. CITY'S RIGHT TO ACCEPT OR REJECT BIDS CTTY OF FORT WORTH STANDARD CONSTRUCTION SPECIFTCATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILTTATION (2014-25) GGO1-539590-0202003 001113-2 INViTATION TO BIDDERS Page 2 of 2 1 City reserves the right to waive irregularities and to accept or reject bids. 2 3 INQUIRIES 4 All inquiries relative to this procurement should be addressed to the following: 5 Attn: Tariqul Islam, City of Fort Worth 6 Email: tariqul.islam@forworthTexas.gov 7 Phone: 817-392-2486 8 AND/OR 9 Attn: Hyunsik Moon, Freese and Nichols 10 Email: hm@freese.com 11 Phone: 817-735-7367 12 13 ADVERTISEMENT DATES 14 May 15, 2014 15 May22, 2014 16 17 END OF SECTION CTI'Y OF FORT WORTH BRIDGE REHABILTTATION (2014-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOl-539590-0202003 Revised July 1, 2011 00 21 13 - 1 INSTRUCTIONS TO BIDDERS Page 1 of 9 SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms 6 l.l. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 7 00 - GENERAL CONDITIONS. 8 9 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 10 meanings indicated below which are applicable to both the singular and plural thereof. 11 12 13 14 15 16 17 18 19 20 21 22 23 1.2.1. Bidder: Any person, iirm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.23. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 24 2. Copies of Bidding Documents 25 26 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 27 resulting from the Bidders use of incomplete sets of Bidding Documents. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2.2. City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. � � �� . . _ • ��� .. , •u._. .._. ._ .. . CTI'I' OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July l, 2011 BRIDGE REFIABILTI'ATION (2014-25) GGO1-539590-0202003 00 21 13 - 2 INSTRUCT'IONS TO BIDDERS Page 2 of 9 3 4 10 11 12 13 14 . . . 15 16 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 17 18 4.1. Before submitting a Bid, each Bidder shall: 19 20 4.1.1. Examine and carefully study the Contract Documents and other related data 21 identified in the Bidding Documents (including "technical data" referred to in 22 Paragraph 4.2. below). No information given by City or any representative of the 23 City other than that contained in the Contract Documents and off'icially 24 promulgated addenda thereto, shall be binding upon the City. 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 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. 4.1.4. Study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface siructures at the Site (except Underground Facilities) that have been identiiied in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been idendfied in the Contract Documents as containing reliable "technical data." 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. CiTY OF FORT WORTH BRIDGE REHABILTTATION (2014-25) STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS GGOl-539590-0202003 Revised 7uly 1, 2011 00 21 13 - 3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.6. Perform independent research, investigations, tests, borings, and such other means 2 as may be necessary to gain a complete lrnowledge of the conditions which will be 3 encountered during the construction of the project. On request, City may provide 4 each Bidder access to the site to conduct such exarninations, investigations, 5 explorations, tests and studies as each Bidder deems necessary for submission of a 6 Bid. Bidder must fill all holes and clean up and restore the site to its former � conditions upon completion of such explorations, investigations, tests and studies. 8 9 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 10 cost of doing the Work, time required for its completion, and obtain all information 11 required to make a proposal. Bidders shall rely exclusively and solely upon their 12 own estimates, investigation, research, tests, explorations, and other data which are 13 necessary for full and complete information upon which the proposal is to be based. 14 It is understood that the submission of a proposal is prima-facie evidence that the 15 Bidder has made the investigation, examinations and tests herein required. Claims 16 for additional compensation due to variations between conditions actually 1� encountered in construction and as indicated in the Contract Documents will not be 1 g allowed. 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 4.1.8. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans aze for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REFIABILTTATION (2014-25) GGOl-539590-0202003 00 21 13 - 4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon perfornung and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iu) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. 5.1. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 29 30 5.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 31 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 32 of-way, easements, andlor permits are not obtained, the City reserves the right to cancel 33 the award of contract at any time before the Bidder begins any construction work on the 34 project. 35 36 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 37 way, easements, and/or permits, and shall submit a schedule to the City of how 38 construction will proceed in the other areas of the project that do not require pernuts 39 and/or easements. 40 41 6. Interpretations and Addenda 42 CTI'1' OF FORT WORTH BRIDGE REHABILTI'ATION (2014-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENT3 GGOl-539590-0202003 Revised July 1, 2011 00 21 13 - 5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to 2 City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions 3 received after this day may not be responded to. Interpretations or clarifications 4 considered necessary by City in response to such questions will be issued by Addenda 5 delivered to all parties recorded by City as having received the Bidding Documents. 6 Only questions answered by formal written Addenda will be binding. Oral and other 7 interpretations or clariiications will be without legal effect. 8 9 Address questions to: 10 11 City of Fort Worth 12 1000 Throckmorton Street 13 Fort Worth, TX 76102 14 Attn: Tariqul Islam, City of Fort Worth 15 Fax: 817-392-8092 16 Email: tariqul.islam@fortworthTexas.gov 17 Phone:817-392-2486 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3. Addenda or clarifications may be posted via Buzzsaw at <Insert Link to Documents>. 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 32 7. Bid Security 33 34 7.1. Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 35 (5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 36 the requirements of Paragraphs 5.01 of the General Conditions. 37 38 39 40 41 42 43 44 45 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Awazd have been satisfied. ff the Successful Bidder fails to execute and deliver the complete Agreement within 10 days after the Notice of Award, City may consider Bidder to be in default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all other Bidders whom City believes to have a reasonable chance of receiving the award will be retained by City until final contract execution. 46 8. Contract Times 47 The number of days within which, or the dates by which, Milestones aze to be achieved in 48 accordance with the General Requirements and the Work is to be completed and ready for 49 Final Acceptance is set forth in the Agreement ar incorporated therein by reference to the 50 attached Bid Form. 51 CITY OF FORT WORTH BRIDGE REHABR.TTATION (2014-25) STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS GGOl-539590-0202003 Revised July 1, 2011 002113-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 4 5 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 10. Substitute and "Or-Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or-equal" items. Whenever it is indicated or specified in the Bidding Documents that a"substitute" or "or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.OSB. and 6.OSC. of the General Conditions and is supplemented in Section O1 25 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with City Ordinance No. 20020-12-2011 (as amended), the City has goals for the participation of minority business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The Bidder shall submit the MBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor Waiver Form and/or Good Faith Effort Form (with "documentation) and/or Joint Venture Form as appropriate. The Forms including documentation must be received by the City no later than 5:00 P.M. CST, five (5) City business days after the bid opening date. The Bidder shall obtain a receipt from the City as evidence the documentation was received. Failure to comply shall render the bid as non-responsive. 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the City. 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of opdonal alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, written in ink in both words and numerals, for wluch the Bidder proposes to do the work contemplated or furnish materials required. All prices shall be written legibly. In case of discrepancy between price in written words and the price in written numerals, the price in written words shall govern. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. CiTY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCLJMENTS Revised July 1, 2011 BRIDGE REHABII.TPATION (2014-25) GGO1-539590-0202003 00 21 13 - 7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 2 3 4 5 6 7 8 9 l0 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 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The off'icial address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the fum and the official address of the iu�m shall be shown. 12.6. 12.7 12.8. Bids by individuals shall show the Bidder's name and official address. Bids by joint ventures shall be executed by each joint venturer in the manner indicated on the Bid Form. The off'icial address of the joint venture shall be shown. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.1 l. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVTTATION TO BIDDERS, addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number, Project title, the name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 14. Modification and Withdrawal of Bids 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. After all Bids not requested for withdrawal are opened and publicly read aloud, the Bids for which a withdrawal request has been properly iiled may, at the option of the City, be returned unopened. 14.2. Bidders may modify their Bid by electronic communication at any time prior to the time set for the closing of Bid receipt. CTI'I' OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 7uly 1, 2011 BRIDGE REHABILTI'ATION (2014-25) GGO1-539590-0202003 002113-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 15. Opening of Bids Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 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 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by City. City also reserves the right to waive informalities not involving price, contract time or changes in the Work with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any e�cisting contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guazantees of major items of materials and eguipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 43 17.3. City may conduct such investigations as City deems necessary to assist in the 44 evaluation of any Bid and to establish the responsibility, qualifications, and financial 45 ability of Bidders, proposed Subcontractors, Suppliers and other persons and 46 organizations to perform and fumish the Work in accordance with the Contract 47 Documents to City's satisfaction within the prescribed time. 48 49 17.4. Contractor shall perform with his own organizarion, work of a value not less than 50 35% of the value embraced on the Contract, unless otherwise approved by the City. 51 CTI'Y OF FORT WORTH BRIDGE REHABILiTATION (201M25) STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS GGOl-539590-0202003 Revised July 1, 2011 00 21 13 - 9 INSTRUCTIONS TO BIDDERS Page 9 of 9 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 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by the City. 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement. Within 14 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement to City with the required Bonds, Certificates of Insurance, and all other required documentation. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CTTY OF FORT WORTH STANDARD CONSTRUCTION SPECIFTCATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILTTATION (2014-25) GGO1-539590-0202003 003513-1 CONFLICT OF INTEREST AFFIDAVTI' Page 1 of 3 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 SECTION 00 3513 CONFLICT OF INTEREST AFFIDAVTT Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may be downloaded from the website links provided below. http://www.ethics. state.tx.us/forms/CIQ.pdf http://www.ethics. state.bc.us/forms/CIS.pdf � CIQ Form is on file with City Secretary C � CIQ Form is being provided to the City Secretary CIS Form is on File with City Secretary � CIS Form is being provided to the City Secretary BIDDER: ��6 so•� � j-� ssoc�a-��s . �k � . Company �b. r3ox S�r�os �9 Address By: l�rt/«+� J • G��Sch (Please Print) Signature: �.nti�-' ,�, al��i S�o�r.-+�s� l�c -�Sl�o�579 Title: City/State/Zip C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT3 Revised July 1, 2011 �I'Y $lcP2K � (Please Print) BRIDGE REHABII.ITATTON (2014-25) GGO1-539590-0202003 1 R, 00 35 13 - 2 CONFLICT OF IN'I'EREST AFFIDAVTI' Page 2 of 3 GONFL[�T OF INTERE�T t�UESTICyNNAIRE FQRM CI� For vendor or ofher persor� domg business with 1oca1 gouemmental entity Thle queaUonnatr� rei7ec� citian�a made La ttee ler hy HB_ 1�91. 6Wh LQ¢, Regutar 3emeion. ihis questionnaire 6 bea�g filed ati acoordance with Chapier 178. Lora[ Gwemment �ode hy a person who }tas a 6usi[sess relationship as definec! hy 5ect�n 176.0� 1(1-a} wiih a local goverrur�errtal �iity and ihe person m�eets requirem�fis under Sec�ui f75AQ8(s}- 8y taw#tns quesfionnai2 rnusi 6e lited »w�tFtthe records adrninistratoratihe )arat gati+�mrnerdal entiiy not Faterihan ihe 7th twsrt�ess day aRerthe date lhe p�ersan be�corne� aware oifiacts thatrequireittasiatement�hefiled_ �ee5ec�ort778_Q�B.1.ocaFixrremmerrtCode_ A persc�n commiis an offertse if the pe�rson knowmgly violaies Se�inn 1?8_Ufl6, Loral Govemment Codt. M affense �sderthis sectio� is a Cfass Cmisderneareor Name of person wha h� a busireess reFationsh+p with 1oca1 govemmental entiEy G(>C l! t a i.r.: J� � L� �� 5' O ❑ C#�ecktftis hox ifT/ou arefilit�g an upda#e to a previousEy faed qttesSonttaire. •,-- * : s. Oele ReceNed (The law requires fhat you file an updafed c«npleted questionnaire svith the appropriate fifing aulharity ncat k�er than !he 7Eh husiroess ciay atfier the dabe tFre or�e►aFyf�sl queslionnaire 6Qoornes incoenpletc ar nacwate_} Name af locai garemm eot oificerwitfs whc�m fitet ha�s empicryme�t orh"us'usess rniatior�h�. �! l�' Nxne of C7#F�cer This sectSon {itgn 3 induding subparts A�. � 8 Q) mvst be campleted for eacFt o€ficer w�tfi wtham the faler has an em{sloyrnent or oUaer b+sines ieTatiorship as deained 6y Secfiot� 17S.Of31(ta�, Loral CxitienrnenE Code At�ch add�aial pages to ihis Fam CIQ as necess�ry. A. Cs the k�cai govemm�t affcer named in this section receivi� � likety fo receive 13xable incomet other ihan inresanen! iecorne. �ram !he filer o€1he questiannaire? �� �� S. Is ttae filer ai the questionnaire recei+i�eg or Gf�dy+ to receive tatiabk i�cnme. otf�er th�t inwestrnent in�. fram or at #�e �rectiaa of the.bcal gouemnent of5cer named in His section AND the t�xabfe� income is not receive+3 fmm the locai gcnremrte�l err6t}r? �� �� �_ Fs the fiier uf tttis ques�ismnaie emptoyed by a corpora5an or otE�er business entity wiih tesFect to w�ich the Iocal gouemrner�t ofic�r serve� as an officer nr diredw, nr hofds an avmessiiip oF 1Q percenE wmcxe? � Y� � IJa D_ t3escn'be each empinyrrsertt ar busines re(ationship with the tocal garemment offic�r named in t}i�s section. sgp,ature � pessm oar6�b�slneac s�al� tie grn!ertanerAal er�t�r �-�? - �Y u�r Rdapied fl6tZ912007 CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILTTATION (2014-25) GGOl-539590-0202003 003513-3 CONFLICT OF IN'I'EREST AFFIDAVTT Page 3 of 3 LOGAL GC2'VERNMENT OFFiCER F�Rlhfl: CIS C[7NFLICTS D[SCLf1�URE STATEMENT (l�ons k�xcample�ir� and fi�u�g this fonn are pmuided Qn the neac# P�B�-? Tbla quaeba�nako reliec� ehertge�a msde En hw law 6y N9_ 1�9T. 80Bf Lag., Regulsr Saeetan- UFFK� UBEOK.Y' This is. ttse notice to the apprtxp�ialte tflca! govemmerttal entity ihat the foJbwirtg lacai gov�nrne�affrcerhasbecx�meawareaffactsthat�irethed�i�erfofilethisstatQsrver�t °e��� in aocordance with �ha�ter 178, liocaB �auemme�rt C.ode. 1 Nae�s�ofLaeaJGovernmentOfficcr � CTFficetleid � Nacn� of persun desctibed by 8ectians 176.002(a] and 176.flQ3(a}, Lasai Gavernment Cude ' ; Qesar"rptiunofthenatureandexte�iufempEnymenfnrothertwsinessrelationshipwi�hperso�namedini6em3 5 Lis# gifls a�epied 6y fhe loca! govcmment afficer and ��r faea�y member, e�[uding giils descriGed try Seefion i7&043[a-i), if ageregate vatue ofi the giffs acciepted irom person named in Stem a ezceed �250 during the Z2-monfh period descrihed 6y Section 17b_003(a){2j{H) Date�'aiftA�ccepled OescriptioRafC�aft OaCe �iftAccePied Oescriptian of iGiit �Ee GiHAccepfed �e�scription af �aafi (attach addr'6'onat �om� as necessarY) s pFF�At,R- 1 swear �nder P��lt � PgI�Y h�at 1he aha��e aial�nert ]s'�ue a�d �armci. l adcno�uteuge in�. #he disdowre apptles ta a� TarNty me�er [as tlellned by SeWan 176.001(;2j, Locai Gavem&ttent Gociej o[ it[s [acal gatmirzn�C tFt{cec I atso adcrw�fetlge. U7at 9td6 sta�rtent cwefs � 12 monfh perFad descr6ed by ;�edfon i75.003{a}, LacaF GavetrmenE Cn6e S1tj13�11�£ t1f LLC3i C�O4E7fIRY2fit OIAC2f AFF17{ H4TAftY 87AMP ! isEAt f19QYE $wom fe and wbsvmcd belo�e mr, trythe saltl iAls Cce aqy 3�[ 20 , to certEdjl'�+hLch, �ritnevs my hand and zeal addilce. 8gnehrcafat3lceradminP�erinyaeth AAr�teunameofa�lloeraeiministerinoualh TIDl�ofotl6oeeaaminls6eArtqaath nuoPe�u asi2�rzno� END OF SECTION C1TY OF FORT WORTH BRIDGE REHABILTTATION (2014-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGO1-539590-0202003 Revised July 1, 2011 00 41 00 BID FORM Page 1 of 3 SECTION 00 4100 BID FORM TO: The City Manager c/o: The Purchasing Depamnent 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: BRIDGE REPAIR AND REHABILTTA'I'ION AT FOURTEEN LOCATIONS (2014-25) Ciry Project No.: 539590-0202003 UnitslSections: BRIDGE REPAII2 AND REHABILTTATION 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 indica[ed in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Cert�cation 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCPIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is awue of all costs to provide the required insurance, will do so pending contract awazd, and will provide a valid insurance certificate mee[ing all requirements within 14 days of nocification of awazd. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or en6ty and is not submitted in confomuty with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or ind'uecdy induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or endry 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 Pazagraph: 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-compe6tive levels, or (c) to deprive City of the benefits of free and open competition. c. "coll�sive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means hazming or tlueatening to hazm, d'uectly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH � srarroAxncoNsraucnoxsrEc�tcn'rtoxDocuMarrrs 00_41_00_00_42_43_00_43_13_00_43_37_Bid_Form-Proposal-Bond_Vendor_Compliance(1).xls Focm Revised 20110627 00 41 IXl BID FORM Page 2 of 3 � •��i-c^^yH8}�C9�19H H�i'3^`c�o'r"s a. b. c. d. 4. Time oF Completion 4.1. The Work will be complete for Final Acceptance within 150 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 aze attached to and made a part of this Bid: a. This Bid Form b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Pazagraph 5.01 of the General Condiflons. c. ProposalFormSeclion d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. �. ce,..:,... nn nc i� g. Conflict of Interest Affidavit, Section 00 35 13 h. Any additional documents that may be required by Section 12 of the Instrucdons to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Con�act 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 amounLs. To�� B�d �� � s, 3 �l g . � � �� 7. Bid Submittal J uK� E� �,a.o ��1— - __ __. , This Bid is submitted on _____ _ Month flay Ycar j by the endty named below. CII'Y OF FORT WOATH STANDARD CONSIRUCCION SPECIFICATION DOCUMENTS Form Revised 20I10627 00_41_00_00_42_43_00_43_13_00_43_37_Bid_Form-Proposal-Bond_Vendor_Compliance(1).xls 00 41 00 BID FORM Page 3 of 3 Respectfully submitted, By: �.�--„W--. .�— � I�q . • ,� Signature) . �J/ lc1c.� �f �1 . G_e�Sc� �_. _--- --- -- _ --- Printed Name HeiE ----- --. _•- _..._ - .__ -- .- , _ _.__ � _.__.__ . --- --:---- __ _._ ._ .__�._ (Printed Name) i . � _ ___ �� � s l__�`'P se- �'--, Tide: `TiUc Hece ,q _..,, ___._. �«/54o/t -/�it'S�cGl4 ��'St �4'� ' _ _. , , Company Company Naroe Hetr i Corporate Seal: , . ._ , Address:,Address Here f %�' �?io' tC' �°iO S "7 . � : Addres,e Here or Spacc !� � 'City, StateZp CocleHere �?41�i Sf lYs�'S� /,1� ?���� � S�7 State of Incorporation: St1te Here '�g �C�.f • -- _ ..._ -- _ ---- -- ------ ----- _.r.._—_ _, Email:'Your Email Addyess Here �f-?,ry.k:�e eJ t.bfiona.sS6�e'_/4 ��. ; Phone:�YourPhone NumherHeia 9'7,2 � 5 S 7-_ !/ �i_,i __., END OF SECTION '�1 �� L� C11'Y OF FORT WORTH srt+rmnan coNsrauenox seEc�r�cn�rtoN DocuntErrrs 00_41_00_00_42_43_00_43_13_00_43_37 Bid_Forcn-Proposal-Bond_Vendor_Compliance(1).xls Fortn Revised 20110627 � SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Specificad TxDOT Unit of Bid Unit Bidlist Description on Section Bid Value Item No. Item No. Measure Quantity Price No. 1 PORTABLE MESSAGE SIGN 34 71 13 WK 10.00 $0.00 2 PLANE ASPH CONC PAV (2") 3542045 SY 533 $0.00 3 Dense-Graded Hot-Mix Asphalt SS3268 SY 5.3g $0.00 4 PLAN & TEXT ASPH CONC PAV (0" TO 1/4") 354-2001 SY 1000.00 $0.00 5 MULTII'LE-LAYER EPDXY CONCRETE OVERLAY SS7097 SY 1000.00 $0.00 6 CONC PVMT (CONT REINF - CRCP) (13") 360-2006 SY 20.00 $0.00 7 ARMOR JOINT 454-2004 LF 50.00 $0.00 8 REMOVE CONC (SIDEWALKS) 104-2015 SY 48.00 $0.00 9 REMOVING CONC (APPR SLAB) 104-2027 SY 14111 $0.00 10 REMOVING CONC (MISC) - SLAB 104-2028 SY 5.56 $0.00 11 CLEAN & PAINT EXIST STR (SYST'EM III) 446-2041 LS 5.00 $0.00 12 RAISING EXIST STRUCT 495-2001 LS 6.00 $0.00 13 EXCAVATION (SPECIAL) 110-2003 CY 185.19 $0.00 14 CL S CONC (SLAB) 420-2029 CY 1,23 $0.00 15 CL S CONC (APPR SLAB) 420-2033 CY 57.90 $0.00 16 CL 3 CONC (BRIDGE SDWLK) 420-2034 CY 15.67 $0.00 17 SLIDING ELASTOMERIC BEAR (SE 1) 434-2017 EA 3.00 $0.00 18 STRUC'PURAL STBEL (MISC NON- BRIDGE) 442-2048 LB 3108.00 $0.00 19 PVC PIPE (SDR - 35) 481-2001 IS 2.00 $0.00 20 PVC PIPE (SDR - 35) 481-2001 LF 2340.00 $0.00 21 CNC STR REP (HORIZONTAL) 429-2007 SF 65.00 $0.00 22 CNC STR REP (VERTTCAL OR OVERHEAD) 429-2008 SF 783.50 $0.00 23 CLEAN AND SEAL EXIST JOIIVTS (CL-7) 438-2002 LF 425.00 $0.00 24 REMOVE RAIL (METAL ELEMENTS) 452-2009 LF 116.00 $0.00 25 RAIL (TY T411) 450-2006 LF 20.00 $0.00 26 RAIL (TY PRl) 450-2025 LF 116.00 $0.00 27 CL C CONC (PARAPET) 420-2284 CY 5.19 $0.00 28 FLOWABLE BACKFILL 401-2001 CY 63.50 $0.00 29 EPDXY INJECTION (TY IX) 780-2001 LF 6.00 $0.00 30 RII'RAP (STONE PROTBCI'ION) (30 IN) 432-2024 CY 29.63 $0.00 TOTAL BID $0.00 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Specificati TxDOT Unit of Bid Description on Section Unit Pcice Bid Value Item No. Item No. Measure Quantity No. 1 PORTABLE MESSAGE SIGN 34 71 13 WK 10.00 $600.00 $6,000.00 2 PLANE ASPH CONC PAV (2") 354-2045 SY 5.33 $20.00 $106.60 3 Dense-Graded Hot-Mix Asphalt SS3268 SY 5.33 $900.00 $4,797.00 4 PLAN & TEXT ASPH CONC PAV (0" TO 1/4") 354-2001 SY ] 000.00 $22.50 $22,500.00 5 MULTIPLE-LAYER EPDXY CONCRETE OVERLAY SS7097 SY 1000.00 $67.00 $67,000.00 6 CONC PVMT (CONT REINF - CRCP) (13") 360-2006 SY 20.00 $450.00 $9,000.00 7 ARMORJOINT 454-2004 LF 102.00 $173.00 $17,646.00 8 REMOVE CONC (SIDEWALKS) 104-2015 SY 48.00 $45.00 $2,160.00 9 REMOVING CONC (APPR SLAB) 104-2027 SY 141.11 $162.00 $22,859.82 10 REMOVING CONC (MISC) - SLAB 104-2028 SY 5.56 $250.00 $1,390.00 11 CLEAN & PAINT EXIST STR (SYSTEM III) 446-2041 LS 4.00 $2,100.00 $8,400.00 12 RAISING EXIST STRUCT 495-2001 LS 5.00 $7,030.00 $35,150.00 13 EXCAVATION (SPECIAL) 110-2003 CY 185.19 $85.00 $15,741.15 14 CL S CONC (SLAB) 420-2029 CY 1,23 $720.00 $885.60 IS CL S CONC (APPR SLAB) 420-2033 CY 5�,9p $720.00 $41,688.00 16 CL S CONC (BRIDGE SDWLK) 420-2034 CY 15.67 $500.00 $7,835.00 17 SLIDING ELASTOMERIC BEAR (SE I) 434-2017 EA 3.00 $950.00 $2,850.00 18 STRUCTURAL STEEL (MISC NON- BRIDGE) 442-2048 LB 3108.00 $6.00 $18,648.00 19 PVC PIPE (SDR - 35) 481-2001 LS 2,pp $1,500.00 $3,000.00 20 PVC PIPE (SDR - 35) 481-2001 LF 2340.00 $65.55 $153,387.00 21 CNC STR REP (HORIZONTAL) 429-2007 SF 65.00 $60.00 $3,900.00 22 CNC STR REP (VERTICAL OR OVERHEAD) 429-2008 SF 783,gp $169.00 $132,41 1.50 23 CLEAN AND SEAL EXIST JOINTS (CL-7) 438-2002 LF 425.00 $30.00 $12,750.00 24 REMOVE RAIL (METAL ELEMENTS) 452-2009 LF I 16.00 $72.00 $8,352.00 25 RAIL(TY T411) 450-2006 LF 20.00 $995.00 $19,900.00 26 RAIL (TY PR1) 450-2025 LF I 16.00 $264.00 $30,624.00 27 CL C CONC (PARAPET) 420-2284 CY 5,19 $1,975.00 $10,250.25 28 FLOWABLE BACKFILL 401-2001 CY 63.50 $445.00 $28,257.50 29 EPDXY INJECTION (TY IX) 780-2001 LF �,pp $100.00 $600.00 30 RIPRAP (STONE PROTECTION) (30 IN) 432-2024 CY 29,(3 $245.00 $7,259.35 TOTAL BID $G95,348.77 00 43 13 B[D BOND Pagt 1 of 1 KNOW ALL BY THFSE PRESENTS: That we, (Bidder Name) Company Name Here _ ,_ , _ _._ _ . _ .__._ , hereinafter called che Principal, and (Surety Name) _.__' _.. _�.::. �_ __� '_.___..� u:��ety Name Hese ; a corporation or fum duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, aze held and fumly bound unto the City, hereinafter called tkie Obligee, in the sum of =� Spell, Out IYumbers Here, , v ; and No/100 Dollars ($, NumerllsHei'e ',.00), the payment of which sum will be well and huly made and the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firm by these presents. WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Obligee, identified as BRIDGE REPAIR AND REHABII.ITATION AT FOURTBEN L,OCATIONS (2014-25) 0 SECTION 00 4313 BID BOND NOW, THEREFORE, if the Obligee shall awazd the . Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in wri6ng with the Obligee in accordance with the terms of such proposal, then this bond shall be null and void. If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal or fails to satisfy all requiremenis and condi6ons required for the execufion of the Contract in accordance with the proposal, this bond shall become the property of the Obligee, without recourse of the Principal and/or Surety, not to exceed the penalry hereof, and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this day of ,2014. By: Company Name Here (Signature and Title of Principal) -. _ � _, _ � .._ - - -- „ _ --- *BY ;SuretyNameHere I �- � _ . ._. _ . . . (Signature of Attomey-of-Fact) *Attach Power of Attomey (Surety) for Attorney-in-Fact END OF SECTION Impressed Surety Seal Only CI7'Y OF FORT WORTH STANDARD CONS7RUCI'[ON SPECIFICATION DOCUIvffiNTS FortnRevised?AI10627 00_41_00_00_42_43 00_43_t3_00_43_37_Bid_Form�Pmposal-Bo� Vendor_Compliance(1).zls 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 aze outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. ' �.___------------- _._._.__, A. Nonresident bidders in the State of , State Hei�e__or Blunk_;, our principal place of business, are required to be �Je Here _'; percent lower than resident bidders by State Law. A copy of the statute is attached. ,__ __..._._..---.._. _.__.._- - -----., Nonresident bidders in the State of State Here orBlank i, 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: ��� so n�/.� sro er'a -Ee-s, I.r �. Company: Company Name Here Address: Address Here �D i��X B�' S"7 `? Address Here or Space . City, State Zip Code Here t3a i� S��+Kqs, i K�s�4m w<< r,A �► T- G�-h sa.� By: Printed Name Here � ignature) �i`QSrc�e K Z� Title: Title Here Date: �- ��--�`� END OF SECTION CIT'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFiCATION DOCUMENTS Form Revised 20110627 00_41_00_00_42_43_00_43_13_00_43_37_Bid_Form-Proposal-Bond_Vendor_Compliance(1).xls � 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 00 45 26 - 1 CONTRACTOR COMPLIANCE WI"I'H WORKER'S COMPENSATION LAW Page 1 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. GGO1-539590-0202003 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: /or�isn--t.c s�ssoctr4Lles,�c• By: Cvt�lrct..-, J. G<1�5os� Company (Please Print) �p . ��o � � o S � S Signature: � Address � a i� �,/�� ���r S,% J� 7,i tYo -0 5� S Title: �� e S i��e �r. � City/State/Zip (Please Print) THE STATE OF TEXAS ��.LIaS COUNTY OF �T § § BEFORE ME, the undersigned authority, on this day personally appeared W�( f,� ,�,, -}"- ��� s o r, , lrnown to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of �� s � �P�e w-� for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /��`` day of _i c,. � ,2 , 20 �'-/. �a..�.-- h - k..Q.aw.-�-c�•�- Notary Public in and for the State of Texas END OF SECTION CTTY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 ���� �������"'' PAM N. DAVIS �,��`�er r�B.,, =_�''� �c= Notary Public, State of Texas 3, ���� c My Commission Expires ''%,;�Fov�E;�`'� MC1rCh 30, 2017 �„�„��� BRIDGE REHABILTI'ATTON (2014-25) GGO1-539590-0202003 �� 'I 004539-1 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page 1 of 1 SECTION 00 45 39 MINORTTY BUSINESS ENTERPRISE GOAL APPLICATION OF POLICY If the total dollar value of the contract is greater than $50,000 then a MBE subcontracting goal may be applicable. If the total dollar value of the contract is $50,000 or less, then an MBE subcontracting goal is not applicable. 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 10 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 11 regulations stated in the City's current Business Diversity Enterprise Ordinance applies to this bid. 12 13 MBE PROJECT GOAL 14 The City's MBE goal on this project is 9% of the total bid (Base bid applies to Parks and 15 Community Services). 16 17 COMPLIANCE TO BID SPECIFICATIONS 18 On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are 19 required to comply with the intent of the City's Business Diversity Enterprise Ordinance by one of 20 the following: 21 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or 22 2. Meet or exceed the above stated MBE goal through MBE Joint Venture documentation, or; 23 3. Good Faith Effort documentation, or; 24 4. Waiver documentation. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Failure to comply with the City's Business Diversity Enterprise Ordinance, shall result in the Bid being considered non-responsive. Any questions, please contact the M/WBE Office at (817) 212- 2674. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the MBE documentarion in person to the appropriate emplayee of the 1Vlanaging Department and obtain a date/time receipt. Such receipt shall be evidence that the City: ___ _ _...---. �eceived the,documentahon in the time allocated. A f�ed cogy will not be accepted. 1. Subcontractor Utilization Form, if goal is met received by 5:00 p.m., five (5) working days after the or exceeded: bid o enin date, exclusive of the bid o enin date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) working days after the Utilization Form, if participation is less than bid opening date, exclusive of the bid opening date. stated oal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) working days after the Utilization Form, if no MBE artici ation: bid o enin date, exclusive of the bid o enin date. 4. Prime Contractor Waiver Form, if firm will received by 5:00 p.m., five (5) working days after the erform all subcontracting/su lier work: bid o ening date, exclusive of the bid o ening date. 5. Joint Venture Form, if utilizing a joint venture received by 5:00 p.m., five (5) working days after the to meet or exceed oal. bid o enin date, exclusive of the bid o enin date. END OF SECTION CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised (5/30/12j BRIDGE REHABILITATTON (2014-25) GGO1-539590-0202003 00 52 43 - 1 Agreement Page 1 of 4 1 SECTION 00 52 43 ,r''� '� Z,oi s 2 TffiS AGR�EMENT, authorized on JANUARY 6, ��4-is made by and between the City of 3 Forth Worth, a Texas home rule municipality, acting by and through its duly authorized City 4 Manager, ("City"), and GIBSON & ASSOCIATES, INC., authorized to do business in Texas, 5 acting by and through its duly authorized representative, ("Contractor"). 6 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 7 follows: 8 Article 1. WORK 9 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 10 Project identified herein. 11 Article 2. PROJECT 12 13 14 15 16 17 18 19 The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: BRIDGE REPAIR AND REHABILITATION AT FOURTEEN LOCATIONS (2014-25� GGO1-539590-0202003 Article 3. CONTRACT TIME 3.1 Time is of the essence. All time limits for Milestones, if any, and Final Acceptance as stated in the Contract Documents are of the essence to this Contract. 20 3.2 Final Acceptance. 21 The Work will be complete for Final Acceptance within 150 days after the date when the 22 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 23 3.3 Liquidated damages 24 25 26 27 28 29 30 31 32 33 Contractor recognizes that time is of the essence of this Agreement and that City will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof , Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Six Hundred Fifty Dollars ($650.00) for each day that expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCT[ON SPECIFICATION DOCUMENTS Revised November 09, 2011 BRIDGE REHABILITAT[ON (2014-25) GGOI-539590-0202003 00 52 43 - 2 Agreement Page 2 of 4 34 Article 4. CONTRACT PRICE 35 City agrees to pay Contractor for performance of the Work in accordance with the Contract 36 Documents an amount in current funds of SIX Hi7NDRED NINTY FIVE THOUSAND 37 THItE� HUNDRED FORTY EIGHT DOLLARS AND SEVENTY SEVEN CENTS 38 ($695,348.77). 39 Article 5. CONTRACT DOCUMENTS 40 5.1 CONTENTS: 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 A. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non-Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table c. Insurance ACORD Form(s) d. Payment Bond e. Performance Bond £ Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE Commitment Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 09, 2011 BR[DGE REHABILITAT[ON (2014-25) GG01-539590-0202003 005243-3 Agreement Page 3 of 4 74 Article 6. IND�MNIFICATION 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 6.1 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 specificalty intended to operate and be effective even if it is alle�ed or proven that all or some of the dama�es bein� sou�ht were caused, in whole or in part, by any act, omission or ne�lisence 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. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to oqerate and be effective even if it is alle�ed or proven that all or some of the dama�es bein� sou�ht were caused, in whole or in part, by any act, omission or ne�li�ence of the city. Article 7. MISCELLANEOUS 96 7.1 Terms. 97 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 98 have the meanings indicated in the General Conditions. 99 7.2 Assignment of Contract. 100 This Agreement, including all of the Contract Documents may not be assigned by the 101 Contractor without the advanced express written consent of the City. 102 7.3 Successors and Assigns. 103 City and Contractor each binds itself, its partners, successors, assigns and legal 104 representatives to the other party hereto, in respect to all covenants, agreements and 105 obligations contained in the Contract Documents. 106 7.4 Severability. 107 Any provision or part of the Contract Documents held to be unconstitutional, void or 108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 109 remaining provisions shall continue to be valid and binding upon CITY and 110 CONTRACTOR. 111 7.5 Governing Law and Venue. 112 This Agreement, including all of the Contract Documents is performable in the State of 113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 114 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH BRIDGE REHABILITATION (2014-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-539590-0202003 Revised November 09, 2011 il 00 52 43 - 4 Agreement Page 4 of 4 115 7.6 Other Provisions. 116 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 117 classified, promulgated and set out by the City, a copy of which is attached hereto and 118 made a part hereof the same as if it were copied verbatim herein. 119 7.7 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WIIEREOF, City and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties ("Effective Date"). Contractor: G:�,so� �. Assoc;,wes �'Lnc.. City of Fort Worth By:���,�,,�«,,l� 4s� Fernando Costa B : (,,,,��- „�—' Assistant City Manager (Sign re) � � 120 121 122 123 124 125 126 127 Date 1�,�►ti�aM �. Gc��� Li (Printed Name) Title: Address: 11z1O Ry�;c C,r�cs� 1�... Date: �,�,,L�'� �� � � "'�� e ��� � .' ��� f . .ty City/State/Zip: (jy�ch STr�� 'Cj� '�514d A proved as to Form and Legality: l. /��'T-!� Date Douglas W. Black � Assistant City Attorney �� �� APPROVAL RECOMMENDED: .J W . l�/ � / Douglas W. iersig, P.E. L �( DIRECTOR, 0 Tr�anspor�tation and Public Works __ � c�F�a����� Gd�l��r�� �I'iY �ECRETARV �1'. WOR�'H, 7'X 128 129 130 131 132 133 134 135 136 137 CITY OF FORT WORTH STANDARD CONSTRUCT[ON SPECIFICATION DOCUMENTS Revised November 09, 2011 BR[DGE REHAB[LITATION (2014-25) GGO1-539590-0202003 00 61 13 - 1 PERFORMANCE BOND Page 1 of 2 r� �1 1 2 3 4 5 6 7 S�CTION 00 61 13 PERFORMANCE BOND Bond No. 8238-15-04 THE STATE OF T�XA,S § § KNOW ALL BY TH�S� PI2�SENTS: COUNTY OF TARRANT § That we, GIBSON & ASSOCIATES, INC., known as "Principal" herein and 8 Federal Insurance Company , a corporate surety(sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 11 pursuant to the laws of Texas, known as "City" herein, in the penal sum of, SIX I3UNDRED 12 NINTY FIV� THOUSAND THI2EE FiUNDRED FORTY EIGHT DOLLARS AND 13 S�VENTY S�VEN C�NTS ($695,348.7'n, lawful money of the United States, to be paid in 14 Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we 15 bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 firmly by these presents. WHER�AS, the Principal has entere mto a certain written contract with the City H z.��s t� awarded the 6 day of JANUARY.�'9�4; whic Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as BRIDGE REPAIR AND REHABILITATION AT FOURTEEN LOCATIONS (2014-25), GGO1-539590-0202003 NOW, TI�REFOItE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the City, then this obligation shall be and become null and void, otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. CITY OF FORT WOR"I'H STANDAI2D CONSTRUC'I'ION SPECIPICATION DOCUM�NTS Revised July 1, 2011 BRIDGE REHABILITATION (2014-25) GGO1-537110-0202002 00 61 13 , 2 PERFORMANCE BOND Page 2 of 2 d 1 2 3 4 5 G This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITN�SS WH�R�OF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and off'icers on this the 21 s t day of January , 20 l� • PRINCIPAL: Gibson & Associates, Inc. ATTEST: (1'rincipal) Secr ta �n11 `1' a,h � . i�, bta, pres,derl-- Name and Title � 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 � Wifiess as to Principal BY: l� � Signature Address: P• 0. Box 800579 Ba__l�h Spring�, TX 75 80-0579 SURETY: Federal Insurance Company BY: ��� ct.�<<.� �7y1�y� �,��_-�./ Signature Robbi Morales, Attorney—in--fact Name and Title Address: 2711 N. Haskell Ave. , Suite 800 Dallas, TX 7�204 � �'� /lc; ��:; T��,, � % J� � Witne s as to Surety Telephone Number: 214/989-0000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws 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. CITY OF FOR'C WOI2TH S'I'ANDAItD CONSTI2UC'I'ION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITA'I'ION (2014-25) GGO1-537110-0202002 1 1 2 3 4 5 � � , � 5 � 00 61 14 - 1 PAYMENTBOND Page 1 of 2 THE STATE OF TEXAS COUNTY OF TARRANT S�CTION 00 61 14 Sond No. 8238-1�-04 PAYMENT BOND § § KNOW ALL BY THESE PRESENTS: § That we, GIBSON & ASSOCIATES, INC., lcnown as "Principal" herein, and 8 Federal Insurance Company , a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of SIX FIUNDR�D NINTY FIVE THOUSAND THItEE HIJNDRED FORTI' 13 EIGHT DOLLARS AND S�VENTY SEVEN C�NTS ($695,348.77), lawful money of the 14 United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum 15 lL•' well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: 17 W�REAS, Principal ha entered into a certain written Contract with City, awarded the 2oi5 1� �� 18 6 day of JANTJARY, 3�� wl�ich Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other 20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 21 22 23 designated as BRIDGE REPAIR AND REHABILITATION AT FOURTEEN LOCATIONS (2014-25), GGOI-539590-0202003. NOW, THEREFOIt�, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 27 28 29 30 31 force and effect. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. CITY ON FOR7' WORTH S7'ANDARD CONSTRUCI'ION SPECIFICA'I'ION DOCUMEN'I'S Revised July 1, 2011 13RIDGE REHABILITATION (2014-25) GG01-539590-0202003 00 61 14 - 2 PAYMENT BOND Page 2 of 2 1 2 3 4 IN WITIV�SS WIIEI2�OF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 21 s t day of January ,2p 15 ATTEST: � � (Principal) Secret v'w� Witness as to Principal PRINCIPAL: Gibson &'Associates, Inc. BY: �..�f/�—' l �� Signature �nJ��I1GM 3. %;bcen P�,ckt� Name and Title Address: P. 0. Box 800579 Balch Springs, TX 7�180-0579 SURETY: Federal Insurance Company � ATTEST: (Surety) Secreta , 5 6 7 8 9 10 �� 12 BY: �-� v>'� i = ���.1� �y u�-�-r. �1 Signature Robbi Morales, Attorney—in—fact Name and Title Address: 2711 N. Haskell Ave. , Suite 800 �\ y / � � Dallas, TX 7�204 �� j.�{ L� �� c- j� �L� /�� i Witness as to Surety Telephone Number: 214 / 9 8 9-0000 Note: If signed by an officer of the Surety, there must be on file a ceitified 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. �lvn or sECTlorr CITY OF FOR'I' WOR'I'f-I S'I'ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILIT'ATION (2014-25) GGO ] -539590-0202003 00G119-1 MAIN"I'ENANCE BOND Page 1 of 3 � , 1 2 3 4 S 6 7 THE STATE OF T�XAS COUNTY OF TARRANT S�CTION 00 61 19 Bond No. 8238-15-04 MAINTENANCE BOND § § KNOW ALL BY TII�SE PRES�NTS: § 8 That we GIBSON & ASSOCIATES, INC., known as "Principal" herein and 9 Federal Insurance Company , a corporate surety (sureties, ifmore than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 11 12 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the sum of SIX 13 AUNDRED N1NTY F1VE THOUSAND TIiREE HUNDRED FORTY EIGHT DOLLARS 14 AND SEVENTY SEVEN CENTS ($695,348.77), lawful money of the United States, to be paid 15 in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made unto the 16 City and its successors, we bind ourselves, our heirs, executors, administrators, successors and 17 assigns, jointly and severally, iumly by these presents. 18 19 WIIEREAS, the Principal has tered into a certain written contract with the City awarded z.o15 �./�p'� 20 the 6 day of JANUARY, 39�4, which Contract is hereby referred to and a made part hereof for 21 all purposes as if fully set forth herein, to furnish all materials, equipment labor and other 22 23 24 25 26 27 28 29 30 31 32 33 34 accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as provided for in said contract and designated as BRIDGE REPAIlZ AND REHABILITAITON AT FOIJRTEEN LOCATIONS (2014-25), GGOl-539590-0202003; and WFIEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and WH�R�AS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the City of the need therefor at any time within the Maintenance Period. CI"I'Y OF I'ORT WORTI3 STANDARD CONSTRUCTION SPECIFICATION DOCUNIGN"PS Revised July 1, 20ll BRIDGE REHAI3ILI'I'ATION (2014-25) GG01-539590-0202003 00 61 19 - 2 MAINTENANCE BOND Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NOW THEREFOI2E, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOW�VER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and PROVID�D FUIZTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CI'I'Y OI� FORT WOR'I'H STANDARD CONS'CRUC1'ION SPECIFICA'I'[ON DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITA'I'ION (2014-25) GGOI-539590-0202003 00 61 19 - 3 MAINTENANCE BOND Page 3 of 3 ►a 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 3l 32 33 34 35 36 37 38 39 40 41 IN WITN�SS WII�It�OF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 21 st day of January , Zp 15 ATTES • (Principal) Secret �� Witness as to Principal A �ST: J ��i�YV�.,'� (Surety) Secreta �\ j � �`��j.:/�.'�r;i. �%c:� ���G i Witness as to Sm�ety PRINCIPAL: Gibson & Associates, Inc. BY: �..-.�f/�` ) �J � Signature �„1;t1►� S. G:bs�� P��d�- Name and Title Address: P• 0. Box 800579 Balch Springs, TX 75180-0�79 SURETY: Federal Insurance Company / ) BYL' fi�u-s��� ��2����.1�.� .v.� Signature Robbi Morales, Attorney—in—fact Name and Title Address: 2711 N. Haskell Ave. , Suite 800 Dallas. TX 7�204 Telephone Number: 214 / 989-0000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws 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. CtCY OP I�OR"I' WORTH STANDARD CONSTRUCTION SPECIPICATION DOCUMENTS Revised July 1, 201 I BRIDGE REHABILITATION (2014-25) GGO 1-539590-0202003 Chubb Surety ot�u�a POWER OF ATTORNEY Federal Insurance Carnpany vgilant Insurance Campany Pacific Indemnity Company Attn: Surety Department 15 Mountain View Road Warren, NJ 07059 Know All by These Presents, That FEDERAL. INSURANCE CQMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporatian and PACIFIC ENDEMNIiY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Lisa M. Bonnot, Don E. �ornell, Saphinie Hunter, V. DeLene Marshall, Robbi Morales and Ricardo J. Reyna ofDallas, Texas ------------------------___________�_____________________.____________�______________ each as their true and lawfui Attomey- in- Fad to execute under such designation in their names and to affix iheir corporate seais to and deliver for and on their behalf as surety ihereon or othervrise, bonds and undertak)ngs and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obiigations. In Witness Whereof, said FED�RAL. INSURANCE COMP�IY, VIGILAP[T (NSURANCE COMPANY, and PACIFIC END�MNiTY COMPANY have each executed and attested these presents and affixad their corporale seals on this 7 2 day of January, 2015. / G�ic� ��_ • Da . h oros, Assistant Secretary . Norcis, Jr., Vice Preside �� -}- M � � ��� • �r ''� ' STATE OF NEW JERSEY County of Somer.,�t �. 'w," , ! Jt J �--�� '. = �,.a�� �r�;: On this 12�h aay or January, 20i5 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros, to me knawn to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNII'1' COMPANY, the oompanies which executed the toregoing Power oi Attorney, and the safd Oawn M. Chioros, being by me duly swom, did depose and say thal she is Assistant Secreiary of FEDERAL lNSURANCE COM?ANY, VIGII.ANT tNSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seats thereof, ihat the seals affixed to fhe toregoing Power of Attomey are such corporate seals and were thereto a�ixed by authority of the By- Laws of said Companies; and that she signed sald Power of Rttomey as Assistant Secretary of said Companies by like authority; and that she is acquainted with David B. Norcis, Jr., and knows him to be �ce President of said Companies; and that the signature of David B. Norcis, Jr., subscribed to said Power of Attomey is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By- Laws and in deponent's presence. Notarial Seal Q��� J, � KATHEpINE J. ADELAAR � NQ7�YF� NOTARY PUBUC OF NEW JERSEY / /% � No. 2316685 �� i �i (/c G�' "' �-�'�.. •-�•• ao Commission Eacp{res Juty 16� 2019 �!-".--" ,f,PugL4C • NolaryPubliC ``�'reas�. CER71FiCATiON Factract hom the By- Laws of FEDERAI INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: `All powers of attomey tor and an behaif of ihe Company may and shall be execxrted in the name and on behaif of lhe Company, efther by the Chairrnan or the President or a Vice President or an Assistant Vice President, joinUy with the Secretary or an Assisiant Sec.�etary, under thelr respective designations. Fhe signature of such officers may be engraved, printed or lithographed. The signature of each of the foliowing o�cers: Chairman, President, any �ce President, any Assistant �ce President, any Secretary, any Assistant Secretary and the seal of ihe Company may be affixed by facsimile to any power of attomey or to any certificate reladng thereto appoin6ng Assislant Secxetaries or Attomeys- in• Fact for purposes only of executing and attesting bonds and undertakings and other wtitings obligatory in the naiure thereoi, and any such power af aftomey or certificate bearing such facsimile signature or facsimile seai shali be vaiid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shail be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' 1, Dawn M. Chioros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGIIANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies') do hereby ceNfy that O the toregofng extract of the By Laws of the Companles Is true and correct, (ii) lhe Companles are duly licensed and authorized to iransact surety business in ali 50 of the United States otAmerica and Ihe Distrid oi Columbia and are auihorized by the U.S. Treasury Depaftment; further, Federal and �gilant are licensed In the U.S. Virgin Isiands, and Federai is ticensed in Guam, PueRo Rico, and each of the Provinces oF Canada except Prince Edvrard island; and (ili) the foregoing Power of Attomey is true, corteet and in (ull force and ef(ect Given under my hand and seals of safd Companies at Warren, NJ this ., �. ; C :^� '.J �il), '. - ��� � `r�s. January 21, 2015 ``�r f ' Davm M. Chloros, Assistant Secretary IN THE EVENT YOU VJISH TO NOTIFY US OF A CLAIM, VERIFY THE AU7HENTICITY OF THIS BOND OR NOTIFY US OF ANY aTHER MATTER, PIEASE CONTACT US AT A�DRESS i_isreo aeove oR ev Teleohone (9081 903- 3493 Fax (908) 903• 3658 e-mail: surety@chubb.Com Form 15-10- 02258- U GEN CONSENT (rev. 12-14) �"'C:+�st;j/d`1ta!C1�'t' ;t7I`��i'J73c'7fd{7!i l��C7��C'�' rnn� .n��r,a�r�r �rc�r�c� �l'i� t,>E�Caa.i-� i���li�i�i-�i�z�t_ii��� t�r m�tl�c� <i cvinp�(ai�lt Yc�ti Intiy �.,all C�'taub[�'� t�+l.!-1'i�e�.� tule��l�oiie n��rY�i�er ���►� i��tP�7t't�;�itia�i �ar t�-7 m��h.e �i cc'�r�.tEalai�tt ��t �' ��S(3t1-38-CF�! �.1 F3' � �'C)tl 171�lY �:i.it1l41C[ t�1� �'E'��tS L>�,�)iiI'tlll�-tlt t7j l�.ttsz��r<.til�� ��> �.>l:7t�riEi i��(�o������stie�r� �:�y�� �•c�rnF>:��li�s, �:f� ;'t;i;;tf_Tt'�. 1'!t?�'tt� i�l' C'C7Rl{���1EillS :1C f ••FJi7�-,'Z r.�?�3'3 3r, �`t�>t:i it�ul}r ��vs•i[� t1���'i�,::.tis i:?i�p���-t��1c3��t r,i� (n�ur.sr�r�:. {�'.(::7. lac;r 1=i91t) : ;�'��tttit �sl. '�1� �; i;�:'1 ? -r �:� I O-d i�r\:�: � t7I:'; -I t`i-1 i". ��'E:j3: �11C}?:l;li`4tr�.�,-.ttli.�k��lic',lfi.!iti �:�-ljfi[i�i 'i'_�4�1'ISlllil4'�l'��l'�>�S:L'ltt?i7�S'�'Ef�1.5f<l�ls'.��Y.11ti ����✓rr�rv� c�� ��..�r� c����u��s: `�iZc�i�lc� ti�z:}tt !�<<v� ;.i cli�i}tit�; �c>n�•z�-��iti� }�cai.u� p�-��rr�iu�n c�r �tlac�ul a ei<<i�7a �;<:�t� shoulcl r.t+nls.ic�t the. ,�;��:.E7t ti�'.�l. tE' t}s� c.[is�;uc�; is nt�t r��,;i:�ivecf. y<�u i7��iti� cc,nt�tct the. 1�'�:s:i .��-{?�1S'1111r'lll �lt �IitiU?';.it7t;c'. �T7!-b�F•1 7"H!� 1`tilC�?��'� Tf.� Yt�Uf�' e�CJ!_ICY,� 1'k�is ttz�ti�s; i5 ('c�r itit`�'>t't���aii�>rz <:��ily �tn�l dt����;s �ii�t b�:�:i7ritc; <i ����i�t c,t� ���>ncii(it7n t�t tl��c� ,�tt�lcl�ei! clt�i: u[llr.tit. avrsn r�paRr,anrr� I���ra c�l�t.��r��r intc�rm�rtciori � para son�.eter uua ytiie.lt�; U,Stztl pue�cle �llamt�r �al� tYitna�r�� �l� tel�fw�lo gcatis ti� Cl7ub1.�'s ��tra ii�f'c�rii��acir�ri ta p�ra someter una c�cieja al 7 -�'00-38-CNUBB 1'Lieiie cora��trni.c>arfi� con eI D�p4irta�7�en�o cte ,`'��t �? t-I CC1S C�4� ��iXit$. j��iI.'il (3�7(C11.L1' llli'C)1'J:Tl2tCl Ol7 <!Ct l'C�£i de; cca11�E,��►iia�s, ec�t�eriuras, tler�cl�os c> c�ueja� <�l 1-dd0-�5��3�f39 Pt�ec.le �scY-iisia� ��I I�c�}�art�in�enc�� cie. Se4�u►�o5 ile 'Ce:��ta P,l:). 13c>x 1-��;1Q�� .���.�;�tin, '�'X 7�71���>7C}� FAY # �S 12) ��7-1771 IVeI�: htt�:J/�v�i�«�.tdi.strtt_e.tY,cis ���mai�l: Ct�n�ti�ixa�rPr���tcctivnC�idi.�;tat�.tx.us nr�Pur�s �a�t�� p�rn��� o ��c�.a�r��: S.i �ieri� iiri�i �lis����t<t ccme�i�r�i�riCe a su ��t'ini�.� c, a ui7 �-e.c�lamc7, �it;b� cc>z���a�u.c���:se con e! <i��i:�.t.c pr-ir7��;r<>. Si iio :;� resu���e l�i clisputa. �u�de entc.>nc:es �•c;n��nuc�ti:ye can �l dep�u-t�Inento fTDt). urv� ���� �t vrso � su Pauz�: I:sCe <<��iso �s soto ��ara pro�aositt� �ie inf'orinaciGn y, i�c> se co7l��iert�, en pa��te a canc:lic;ic�n �lel dc�cumen�:ca ;7clji�i7���. �_ �''��- have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financiai interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, 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 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co-"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products- completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply 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; Page 10 of 18 HG 00 01 06 05 (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the 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 the products; (f� Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) 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; or (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: (i) The exceptions contained in Sub- paragraphs (d) or (fl; or (ii) 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. c. Lessors of Land or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "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". (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or e' containing such products. b. Lessors of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. HG 00 01 06 05 Page 11 of 18 f. Any Other Party Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products-compieted operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds under this provision is described in Section III — Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions. c. Persons or organizations making claims or bringing "su its". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c. Damages under Coverage B. 3. Products-Completed Operations Aggregate Limit The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". 4. Personal and Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 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. SECTION III — LIMITS OF INSURANCE 7 1. The Most We will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be Page 12 of 18 HG 00 01 06 05 added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a. The limits of insurance specified in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an ; additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. ' SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. 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. b. Notice Of Claim If a claim is made or "suiY' is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "suiY' as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost No insured wiii, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or HG 00 01 06 05 Page 13 of 18 that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Otherinsurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section 1— Coverage A— Bodily Injury And Property Damage Liability; (5) Property Damage to Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I - Coverage A- Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suiY' if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Page 14 of 18 HG 00 01 06 05 If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, 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. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; or b. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". 4. 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. HG 00 01 06 05 Page 15 of 18 COMMERCIAL AUTOMOBILE HA 99 16 03 1'2 THlS ��lDOi�SEMENT CMANGES THE Pt�LiCY. PLEAS� READ 17 CAREFULLY. � �► " � � � � ; ,��� � �"� � '� "" This endorsement modifies insurance prQvided unci�r khe follow�ing: Bl1SINESS AUTO GOVERAGE F(Ji2M To the extent that the provisions of this endorsement provide broader benefits to the '"insured" than other ��rovisions of the Coverage Form, the prc�visions of this endorsement apply. 1. BROAD �ORM INSURED A. Subsidiaries and Newiy Acquired or Formed Organizations The Named Insured shown in the Declarations is amendeci to include: (1) Any legal business entity other than � partnership or joint veniure, �ormed as a subsidiary in which you have an ownershi�� interest of n�ore than 50% on the effective date of the Coverage Form. However, the N�rlied Insured does not include any subsidiary that is an "insured" under any other automobile policy or wouid be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not inrfude any newly formed or �cquired organization: (a) That is a partnershi�� c�r joint venture, (b) That is �n "insured" under any other poGcy, (c) Th��t has exhaustPd its Limit of Insurance under any other palicy, or (d) 1$Q d�ys or i7ior� after its acquisition or form�tion by you, unless you have given us notice of the acquisitian or Form�tion. CoveragE does not apply ta '"bodily injury" or "property da�l�aye" that r�sults from an "�ccident" that accurred beinre you formed or acquired khe organizakion. B. Em�loyees as Insiireds Parac�ra�h A.1. - WHU IS AN INSURED - of SECTION II - I.I�BILJTY COVERAGE is arnc�nded to adci: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personai affairs. C. Lessors as Insureds 0 Paragraph A.1. - WHO IS FlN INSURED - of Section II - Liability Goverac�e is amer�ded to add: e. The lessar of a covered "auto" while the "auto" is leased ko y�u iander a written agreement if: (1) The agreement requires y�u to provicie direct prim�ry insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be consiciered a r,overed "autn" you own and not a covered "auto" you hire. Additional Insurec! if Required by Contr�ct (1) Paragraph A.1, - WHO IS AN INSURED - of Sectian II - Liability Coverac�e is amended to add: f. When you have agreed, in a written r,ontract or written agre�ment, that a p�rsor� ar or-ganization be addecl as �n aciditianal insured on your business auto �olir.y, sucf� person or organization is an "insured", but only to the extent such persnn ot� org�niz�tion is liabie for "'badily injury" or "property dam��e" c�used by the coriduc� af an "insured° under para�raphs a. ar b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "c�Utp." � 2011, The Hartford (Includ�s cc�pyri�hteci r���aterial Form HA 99 16 03 12 of ISO Properties, Inc., with its per�»issi�r�.) Page 1 of 5 Th� insurance �!(orded to any such �dclitional insureci appli�s only if the „bociily i�7j�n�y" or "prap�rry ci�3mage" occu r5: (1) D��ring the policy E'3eric�d, �nd (2} Subsec;uent to th� ex�cufion df such written contr�ct, and (3) Prior to tf�e expiratian of ihe �eriod of time that the written contr�ct requires sucl� insurance be provieieci lo the additional insured. (2j 1-low Lirnits App(y If ynu have ayreed in � written contr�ct or written agreen�ent that another �erson or organization be added as �n additional insured on your policy, the rnost we will pay o�� behaff of such additional insured is the IeSser oi: (�) The limits of insurance specifiPd in lhe written contract or written ayreenient; ar �b} The Limits of insur�nce sho4vn in the Oe�l�rations. Such an�ount shail be a part of and not in addition ta Limits af Insurance shown in the �eclar�tions and described in khis Section. {3) Additiona( Insureds (�ther Insurance lf we cover a claim or "suit" under this Covera�e Part th�t may also be covered by other insurance available to an additional insured, such additionai insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision cioes not apply to the extent that you have agreed in a • written contract or written agre�menk that this iiisurance is primary and non- contributory with the aclditional insurec�'s c>wn insurance. (4) D��ti�s in 7he Ever�t Of Ac;cid�iit, Claim, Suit or Loss if you have agr�ed in a�n�ritten contract ar written agreement that another person or or�anization be added as an additional insured on yc�ur pulicy, the additional insured shall be required to COt11�?Iy wikh the provisions in LOSS CONDITInNS 2. - DUTIES IN THE EVENT OF AGCIDENT, CL�11M , SUIT OR LOSS — OF SECTION IV — BUSIRlESS 11UT0 CONDITIONS, in the same manner as the Nai��eci Insured. E. Prirliary and Non-Contribuiory if I�ec�uired by Contract C)nly �vith respect to insurance provicf�;�i tc� �n addiGon�l insureci in '1.D. - Adciition�l Insureci if Require�l by Contract, tlie� follawinc� provisions �pply: (3} Primary Insurar7ce Wh�n Required By Confract This insur�nce is prirnary if you have ac�reeii in a written contract or written ayre�ment that this insurance be �rimary. If other ins�arance is also pri�7�ary, we will share with �II thal other insi�ranr,e by the mett�od described in Other insurance 5.d. {4) Prim�ry And Nan-Cnntributory To Other Insurance Wher� Required By Contract If you have ac�reed in a written cantract c�r written agreemer7t that this insur��nce is primary and nan-cantributary with ihe additional insurerJ's own insurance. this ins��r�nce is primary and we will not seek contribution from thai other ins�rance. Par�gra�hs (3) and (4j cio not apply to other insur�nce tc> which khe additional insurPd has been added as an additional insured. Whei7 this insur�nce is excess, WB WIII (1c1V8 t10 duty to clefend the insured against any "suit" if any other insurer has a duty to defend the insured ac�ainst that "suiC'. If no other insur�r defends, we will �.andertake to do so, but we will be entitletl to the insured's rights against all th�se other insurers. When this insurance is excess over other insurance, we will pay only c�ur share of the amaunt of tt7e loss, if any, that exceeds the su�7� of: ('i j The total an�ount that ail such other- insurance would pay for the loss in the absence af thi� insuranc�; and (2} The total of all ded�actible anci s�lf-insured amounts un��i�r aii khat other insurance. We wiil sh�re the remaining lass, if any, k�y the m�thad ciescribed in Oth�r insurance 5.d. 2. AUTt�S RENTED BY EMPLOYEES A��y "�,uto" hir�cl or rented by your "employee" on yo�n� behalf and at your ciir�ction will be cansidered an "auto" you hir�e. The OTHER INSURANCE Condition is arr�endPd by addii�g the following: C�7 2011, The Hartford (Inr,ludes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its k�ermission,) Page 2 of 5 IC �n "ernplc�yee's" p�rson�al ins�n�ance also apK�lies oi7 �n excess basis to a covered "'auto" hireci or r�nt�d by your� "emp(ayee" o�i your � behaif and at your direction, tt7is insurance will be primaE�y to the "emplayee's° persc�i�r�l � �� ins��r�r�ce. 3. AMENDED FELLOW EMPLOYEE EXC�USION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE daes not apply if you have workers' compensation insurance in-force covering ail oi your "erl�pioyees". Goverage is excess over any ather coll�ctik�le insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos"' are covered "autos" for �iabilily Coverage anci ii Comprehensive, Specified Causes of Loss, or Gollision coverages are provided uncier this Coverage Form for any '"auto" you own, then the Physicai Damage Coverages provided are extended to "autas" you hire ar borrow, subject to the following limit. The most �ve wilf pay for '9oss'' to any hired „auto" is: (1 } $100,000, (2) The actual cash value of the damaged or stolen property at the time of ihe "loss"; or (3) The cost of repairing or replacing the damaged ar stnlen properky, whichever is smailest, minus a deductibie. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other coilectible insurarice. Subject to the above limit, decluctible and excess provisions, we will provide coverage equai to the broadest coverage appiicable to any covered "auta" you own. We will also cover loss oF use af the hired "auto" if it results from ati "accidenk", you �re lec�ally liable and the iessor i�icurs an actu�l financ;iai fass, subject to a maximui7i af �1000 per "accideni". This extension of ct�verage does nok apply to any "auto" you hire or borrow from any of yaur "smpiayees", partners (if you are a paitnersi�ip), m�mbers (if you �re a limited liability c�mE�anyj, or m�mb�rs oF their househoids. 5. Pt-�YSiCAL DAMAGE - ADDITIONAL 7EMPORARY TRANSPORTATIOiV EXf'ENSE COVERAGE Paragraph A.�t.a. of SECTION ill - PHYSICAL. DA��IAGE COVERAGE is amended to provide a lin7it of $50 �er d�y �nd a maximun� limit c�f :a1,000. 6, LOAN/LEASE GAP C4VERAGE Under SECTI�N III - PHYSICAL DAMAGE COVERAGE, in the evenk of a tatal "loss" to a covered "auto", we wiil p�y yc�ur additir�nal leg�al nblic�ation for any differer�ce between the artu�i rash vait.�e of the "�uta" at the time of the "I�ss" and the "outstanding balance" af khe lo�n/lease. "Outstanding balatice" i7�eans the amo«nt you awe on the loanllease at the time of "loss" less any ari�ounts re�res�nting taxes; overdue payments; penaities, ir�terest ar charg�s resiilting from over�due payments; addition�i mileage ch�rc�es, exress 4vear and tear charges; lease termin�tion fe�s; s�curity deF�osits not returned by the lessor; costs for extended warranties, credit life Insur�nce, 1�ealth, accident or disability insurance purchase�i with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Par�graph B. EXCLUSIQNS - of SECTION 111 - PHYSICRL DAMAGE COVERAGE, the foilowing is added: The exclusion relating to m�chanical breakdown cioes not apply to the accid�nt�l �iischarge of an air6ag. 8. E�ECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs B.�t - EXCI�USIONS - of SECTION III - PHYSICA� DAMAGE COVERAGE are re�laceci by the follawir7g: Exclusions 4.c. and 4.d. do not a��ply to equipmer�t designed ko be operatec! solely by use c�f the pow�r irc�m the "auto's" �lectrical system that, ai #he time of "loss", is: (1} Permanently instalied in or i.ipon the covered "auta"; (2) Rem�vabie from a housing unft which is permanently installed in or upon thE covered "auto"; (3) An inteyral p�rt of the s�r�e unit housing any electronic equipment described in Paraqraphs (1) and (2) above; or U 2011, The Hartford (Incfucles co�yrighted m�at�rial Form NA �9 '16 03 12 of ISO Properties, Inc., with iks permission.) Page 3 of 5 (�1) t�lecessary for the normal oper�lion of th� r,overed °auto" oi the monitorinc� of the covered "autc�'s° op�rating syst�m. b.Section 111 — Version C�1 00 01 U3 'i0 �f ti7e 8usiness Aut� Coverage F�r`m, Physiral Dan7at�e Cov€arage, Limit of insuranc�, Para�ra�h C.2 and Version CA 40 01 10 0�1 of the Business �uto Coverac�e Fc�rr7�, Physical Damage Coverage, Lirt7it of Insur2nce, Parac�raph C are each amended ta ac)d tf�e foliowing: �1,500 is kt�e most we �n+ill pay for "loss" in any one "accident" to �II �lectronic equipment (other than ec��ai�m�nt clesigned solely for the repradu�tioil af sound, �nd accessories used with such equipment) that reproduces, receives or transmits audio, visu�) or data signais which, at the time af "loss", is: (1) Permanentiy installed in or upon the caverecl "auto" in a h�using, opening or other location that is not normaify used by the "auto" manufacturer far the inst�llation of such equipment; (2) Removable from a permanently ii�stallEd housing unit as describPd in P2ragraph 2.a. above or is an integral part of that equipment; or (3) An integrai part of such eyuiprnent. c. For e�ch covered "auto", should loss be lirnited to electronir, �quipment only, our obligation to pay for, repair, return ar repiace dan7aged or stalen electronic equipment wiil be reduced by the applicable dPductible shown in the Declar�tions, or �a250, whichever deductible is less. 9. EXTRA EXPENSE - BROAQENED COVERA�E Under Parayraph A. - COVERAGE - of SECTiON III - PHYSICA� DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to yau. 14. GLRSS REPAIR - V1IAIVER C?F DEDt1Ci1BL� Under Paragraph b. - DEDUCTIB�E - of SECTION ill - PHYSICAL DAMAGE COVER�GE, th� fc�ilowir7g is adti�d: No deductible appiies to glass damage if the glass is repaired rath�r th�n replaced. 11. TWO OR MtJRE DEDUC7IBLES Under P�ragraph D. •• DEDUCTIBLE - o� SELTION III - PHYSICAL DAM�GE COVEF2AGE, tf�e foll�wing is addecJ: if �nather Martford �ir7ancial 5e�vices Group, Ir�c. company policy c�r coveeag� form that is not an �uk�mobil� pc�licy or covera�e form applies to tl�ie s�rne "accirient"„ the foliowing applies: (1) If tf��e d�ductibie under this Business A�.ito Gaverage Form is the st�ialler (or sm�ilest} deductik>le, it will be w�ived; (2) If th� deductible unci�r this Business Auta Coverage Farm is ��ot the sm�iler (or smalle�t) d�ductibl�, it will be recliiced k�y the �mo�mf of the smaller (or sn�7allest) cieductik�le. 12. AMENDED DUTIES IN THE �V�NT OF ACCIDEMT, CLAIM, SUIT Oft I.OSS The requirement in ��SS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR �t�SS - of SECTION 1V - BUS(NESS AUTO �ONDITIONS that you must ��otify us of �n "accident" appiies only 4vhen the "accidEn#" is known ta: {1 } You, if you are an individual; (2) A��rtner, if you �re a partnership; (3) A member, if you are a limited liability company; or (4) An executive o�Fice� �r insurance manager, if you are a corporation. '13. UMNTENTIONAL FAIL.URE TO DISCLOSE HAZARDS If you unintentionally fai) to disciose any haz2r��s existing at the inception date of your policy, we will not deny coverage under this Coveraye Farm ber.ause of such failure. 14. HIRED AUTO - COVERAGE 1'EFiRITORY Par�gra�h e. of GENERAL CURlDITIONS 7. - PQ�ICY PERIOD, COVERAGE TERRITQRY - of SECTION IV - BUSINESS AUTO GONDITIONS is repl�ced by the following: �. For short-term hired "a��kos", the coverage ten•itory with respect to Liability Coverage is anywhc;re in the world provided that if the "insured's" respoi7sibiliry fo pay cl�mages far "bodily injury" or "prope�ty d�niage" is determined in �"suit," the "suiY' is braught in the United States af America, the territorie� and poss�ssions af the United States of America, Puerto �ir,o or Canada or in a setklement we ��ree lo. 15. WAIVER UF SUBR�GATIUN TRANSFER O� RIGNTS OF RECOVERY AGAINST OTHERS TO US - af SECTION IV - BUSINESS �UTO CONDITIUNS is �rnended by aclding the following: C�� 2011, The Hartford (Includes copyright�d material �orm HA 99 16 03 12 of ISO Propei�ties, Inc., with its �ermission.) Page 4 of 5 Wc� �h�aive �ny ri�ht of recov�ry� wc; m��y h��ve ac�ain�t any person or org�niz�lion tivitii whor7� you have a �vritten Coi�tract lhat requires such waiver bec�use af payments ��ve i��ake (or damages undar this Coverage Form. 16. RESUL.TAN7 MEN7AL ANGUI�H COVERAGE Th� definitic�n of °bodily injury" in SEGTION V- DEFINITI�NS is replaced by the foilowing: "Bodily injury" rneans badily injury, sickness or disease sustnined by �riy person, including rnental anguish or death resulting frorn any of these. 17. EXTENDED CANGELLATION CONDITiON Paragraph 2. of the COMMON POLICY CONDITIONS - CANC�LL�ITION - �pplies exce{�t as follows: If we c�ncel for any reasoii ather than nonpayment of premium, we will mail or deliver to th� first Named Insured written r1qlICE of canceliation ai least �0 days before the effective date of cancellation. 18. NYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In khe event of a kotal loss to �"non-hybrid" auto for whict� Comprehensive, Speci(ied Causas of Loss, or Coilision coverages are �ravided under this Coverage Form, then such Physical Damage Coverages are amended as foilows: a. if the auto is repl�cecl with a"17ybrid" auto or an auto C�awered snlely by electricity ar natural gas, we will �ay an additional 10%; to a maximum of $2,5Q0, af the "non-hybrid" auto's a�tual cash value or replacement cost, whichever is less, b.'ihe auto must be repiaced and a copy oC a bill of sale or ner,v lease �greement recc=ived by us 4vikf�in 60 cal�ndar days of the datP of "loss," c. R�garclless of the nur7ik�er o( aut�s c�eery�et.l r3 total loss, the most we wiil pay uncier this Hybrid, Electric, or Natural G�7s Vehicie Payment Goverage provisi�n fc�r any or}e "loss" is $10,C100. F�r the �urposes of the coverag� �}rovision, a.A "non-hybrid° auto is defined as an auto that uses only an inter�nal cornbustion enc�ine to move the auto but does not include �utos powered solely by electricity or natural gas. h.A "hybrid" auto is c�efined as an auto with �n interr�i�l con�rbustion en�ir�e and one or rnare elecb�ic r��ators; and that uses the inkernai coml�usiion engine and one or more electric motors to rnove the auto, or the internal combustion enc�ine to charge one or t7�ore electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In #he event of a total loss to an "auto" for wl�ich Comprehensive, Specified Causes of �oss, �r Collision coverages are provided i.inder this Coverage Fc�rm, then such Physicai Damage Covera�es are �mended to ad�l khe following: In addition to the �ctual cash value of the "�uta", �ve will pay up to $1,000 far vinyl vehicle wra{�s 4vhieh are clisplayeci on ttie coverecl "auto" at the time of total loss. Regardless of the n��mber af autos deemed a total loss, the n�ast we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,OQQ. Far purposes r�f this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. C) 20'I 1, The Hartforci (Inciudes c�pyrightecf materi�l Form HA 99 16 03 12 of ISO Properties, Inc., with its pemiission.) Page 5 of 5 [�s/_%y> i' TNIS EiVnOR��CMEN`1" CHANGES TNE �'OL1GY. PLEAS� READ !T CARE�U�LY. +� + '" ! � "" '' � ! '" t ! " . � ! " 1 Policy Number: � 6 W� �i�'155 n Endorsement �fu�mber: Eiiective C�ate: 0 6/ 3 0114 Effective hour is the same as stated on the Inlormation Page of the policy. Named lnsured and Address: G LB�ON & ASSOCZnTES, INC . PO BOX 800579 BALCH SPiiTNGS, TX 75180 This endorsement applies only to the insurance provide� by the policy because Texas is shown in It�m 3.A. uf the fnfoi-rnatian P�ge. We have the ric�hi to r�cov�r our �ayiT�ents from anyone liable for an injuiy covered by this policy. We Niill not �nforce ou�� righi against lhe person or or�anization named iri the Schedule, but this waiver a��piies only with respect to bodily injury arising out of the operations clescr�ibed in the Sch�dule N�here you are required by a writteEi contract to obtain this U�aiver from us. This endorsement shall not operate directly or indirectiy to benefit a��yone not named in the Schedule. The prerY��i�irti for this endorsemei7i is shown in the �ct7edule. SCHEDULE ' 1. ( ) Specific Waiver Name of person or organizaiion: (X) 81��nket Waiver Any peison or arg�nizatian for whom the Named Ins�i��ed has agreecl by written contract t� f�irnish this w��aiver. 2. Oper�tions: AL�L TEXAS �P�;RA'Z'IC�NS 3. Preini�im: zNCT� The pr'err�ium eitarge fo�� this endor�sei���ei�t shall be 2. 0 percei�t of tt�� pre�T�ium developed on �»yi�oll in connection v��ith �ioik perforined for the at�ove person(s) or org�nizatiori(s) arising out of the op�rati�ns clescribed. 4. Advanced Prerniui�: INCL Countersigned by Form WC 42 03 04 Pl�inted in U.S.A. Process Date: Q � � � � / 14 Authorized Representative Policy �xpiration Date: 06/30/15 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CTI'i' OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCiJMENTS Revision: Dacanba2l, 2012 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TA.BLE OF CONTENTS Page Article 1— Definitions and Teimuiology .......................................................................................................... l 1.01 Defined Terms ...............................................................................................................................1 1.02 Tenninology ..................................................................................................................................6 Article2— Preliminary Matters ......................................................................................................................... 7 Z.Ol 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 Preconstntction Conference .......................................................................................................... 8 2.06 Public Meeting .............................................................................................................................. S 2.07 Initial Acceptance of Schedules .................................................................................................... 8 Article 3— Coniract Documents: Intent, Amending, Reuse ............................................................................ 8 3 . 01 Intent ...................... ........... . .. .............. .. ................. ..................................... . ..... .... ...... ...... .. ............ 8 3.02 Reference Standards ...................................................................................................................... 9 3.03 Reporting and Resolving Discrepancies ....................................................................................... 9 3.04 Amending and Supplementing Contract Documents .................................................................10 3.05 Reuse of Documents ...................................................................................................................10 3.06 Electronic Data ............................................................................................................................ l 1 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 .....................................................................................................................16 5.01 Licensed Sureties and Insurers ...................................................................................................16 5.02 Performance, Payment, and Maintenance Bonds .......................................................................16 5.03 Certificates of Insuxance .............................................................................................................16 5.04 Contractor's Insurance ................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace ...........................................................19 Article 6 — Contractor's Responsibilities ........................................................................................................19 6.01 Supervision aud Superintendence ...............................................................................................19 CITY OF FORT WORTH 3TANDARD CONSTRUCTION SPECIFCATION DOCLJIvIENTS Revision: Decanba2l, 2012 6.02 6.03 6.04 6.05 6.06 6.07 6.08 6.09 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 Labor; Working Hours ................................................................................................................ 20 Services, Materials, and Equipment ..................:........................................................................20 ProjectSchedule ..........................................................................................................................21 Substitutesand "Or-Equals" ....................................................................................................... 21 Concerning Subcontractors, Suppliers, and Others ....................................................................24 WageRates ..................................................................................................................................25 PatentFees and Royalties ........................................................................................................... 26 Permitsand Utilities ....................................................................................................................27 Lawsand Regulations ................................................................................................................. 27 T�es ...........................................................................................................................................28 Use of Site and Other Areas ....................................................................................................... 28 RecordDocuments ......................................................................................................................29 Safetyand Protection ..........................................................................�::...................................... 29 SaferyRepresentative .........................................................................::: :.................................... 30 Hazard Commusucation Programs ............................................................................................. 30 Emergencies and/or Rectification ............................................................................................... 30 Submittals..... ............ ....... .............. . ...... ..... ................ ..... ......................... .. .......... ........... ......... .... 31 Continuingthe Work ................................................................................................................... 32 Contractor's General Warranty and Guarantee ..........................................................................32 Indemnification......................................................................................................................... 33 Delegation of Professional Design Services .......:......................................................................34 Rightto Audit .............................................................................................................................. 34 Nondiscrimination. .. ......... ................... ............ ................................................ .... ................. ....... 3 5 Article7- Other Work at the Site ................................................................................................................... 35 7.01 Related Work at Site ................................................................................................................... 35 7.02 Coordination ................................................................................................................................36 Article 8- City's Responsibilities ................................................................................................................... 36 8.01 Communications to Contractor ..................................................................................................:36 8.02 Furnish Data ................................................................................................................................36 8.03 Pay When Due ............................................................................................................................ 36 8.04 Lands and Easements; Reports and Tests ...................................................................................36 8.05 Change Orders ............................................................................................................................. 36 8.06 Inspections, Tests, and Approvals .............................................................................................. 36 8.07 Limitations on City's Responsibilities ....................................................................................... 37 8.08 Undisclosed Hazardous Environmental Condition .................................................................... 37 8.09 Compliance with Safety Program ............................................................................................... 37 Article 9- City's Observation Status During Construction ...........................................................................37 9.01 City's Project Representative .....................................................................................................37 9.02 Visits to Site ................................................................................................................................ 37 9.03 Authorized Variations in Work .................................................................................................. 38 9.04 Rejecting Defective Work ...................:......................................................................................38 9.05 Determinations for Work Performed .......................................................................................... 38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 38 CIT'I' OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOC[JMENTS Revision: Dacanba2l, 2012 Article 10 - Changes in the Work; Claims; Extra Work ................................................................................ 3 8 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 Coniract 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 Conect Defective Work ............................................................................................. 51 Article 14 - Payments to Contractor and Completion .................................................................................... 52 14.01 Schedule of Values ...................................................................................................................... 52 14.02 Progress Payments ...................................................................................................................... 52 14.03 Contractor's Warranty of Title ................................................................................................... 54 14.04 Partial Utilization ........................................................................................................................ 55 14.05 FinalInspection ...........................................................................................................................55 14.06 Final Acceptance ......................................................................................................................... 55 14.07 Fina1 Payment ........................................................................................................................:..... 56 14.08 Final Completion Delayed and Partial Retainage Release ........................................................ 56 14.09 Waiver of Claims ........................................................................................................................ 57 Article 15 - Suspension of Work and Termination ........................................................................................ 57 15.01 City May Suspend Work ............................................................................................................. 57 15.02 City May Terminate for Cause ................................................................................................... 58 15.03 City May Terminate For Convenience ....................................................................................... 60 Article 16 - Dispute Resolution ........................................................................................:.......................,..... 61 16.01 Methods and Procedures ............................................................................................................. 61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOC[7MENTS Revision: Decemba2l, 2012 Article1'7 — 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 SPECIFCATION DOCUMENTS Revision: Decanba'21, 2012 00 72 00 -1 General Conditions Page 1 of 63 ARTICLE 1— DEFINITIONS AND TERNIINOLOGY 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, femiiiine 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 Admiiustration. 5. Award — Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bzdding 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 CONSIRUCTION SPECIFCATION DOCUMENTS Revision: D�ba21, 2012 oo�zoo-i 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 perforni specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a tYurd party is not a Contract Claim. 19. Contract—The entire aud integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and a11 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 axe 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. C1T'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENT'$ Revision: Decanber2l, 2012 oo�zoo-i 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 lus duly appointed representative, assistant, or agents. 29. Director of Planning and Development — The officially appointed Director of the Plaiuliiig 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. Dzrector 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. C1T'1' OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCt.JMENTS Revision: Dacanba2l, 2012 007200-1 General Conditions Page 4 of 63 38. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in ° conformance with the Contract Documents. 39. General Requirements—Sections of Division 1 of the Contract Documents. 40. Hazardous Envzronmental 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, ar encumbrances upon Project funds, real property, . ar 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 fi�cing 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. CIT'1' OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCLfMENTS Revision: Decanber2l, 2012 00�200-1 General Conditions Page 5 of 63 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project—The Work to be performed under the Contract Documents. 53. Project Representative—The authorized representative of the City who will be assigned to the Site. 54. Public Meeting — An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radzoactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as atnended from time to tune. 56. Regular Working Hours — Hours beginniug 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 worlananship 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 Coniract Documents as being fuiuished 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 far the use of Contractor. 61. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CiTY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Dacanber2l, 2012 oonoo-i General Conditions Page 6 of 63 63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bzdder—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 a11 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 Condifiions for definition. 70. Weekend Working Hours — Hours be�inning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day — A warking 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 pernut 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: CIT'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUIvIEN'I'S Revision: Deczmba2l, 2012 00�2oo-i General Conditions Page 7 of 63 The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or detennination of City as to the Work. It is intended that such exercise of professional judgment, action, or detei7nination 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 Coniract Documents (unless there is a specific statement indicating otherwise). C. Defective.• 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: The word "Furriish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or sixnilar directive or usage thereof, shall mean furnishing and incoiporating 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-laiown technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIlVIINARY MATTERS 2.01 Copies of Documents City shall furuish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time; Notice to Proceed 'The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CTI'Y OF FORT WORTI-I STANDARD CONSTRUCTION SPECIFCATION DOCLIMENTS Revision: Dacanba2l, 2012 oo�zoo-i General Conditions Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Subxnit in accardance 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 thereo fl 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 fonm, format and style. Some Specification sections may be written in varying degrees of streainliued 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 CIT'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Dacanba2l, 2012 oonoo-i 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 sociery, 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 tune 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 Confiract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, pariners, 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: Contractor's Review of Contract Documents Before Starting Work. Before undertaking each part of the Work, Contractor shall carefully study and compaxe 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 standazd, specification, manual, or code, or (c) any instruction of a.ny 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 CTI'I' OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCtJIv1EN'T'S Revision: Dacanba2l, 2012 oonoo-� 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 sha11 not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual lmowledge thereof. B. Resolving Discrepancies: l. 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, ar 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 quanrities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing ContractDocuments A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work ar 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 Wark not involving a change in Contract Price ar 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: l. have or acquire any title to or ownership rights in auy of the Drawings, Specifications, or other documents (or copies of any thereo fl 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. CIT'I' OF FORT WORTH � STANDARD CONSTRUCTION SPECIFCATION DOCUMEN'I'S Revision: Dec�nber2l, 2012 00�2oo-i General Conditions Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Docuinents for record purposes. 3.06 Electronzc Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Conlractor, ar by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also laiown 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 parly 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; I3AZA,RDOUS ENVIlZONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability ofLands 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 andlor 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 andlor 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. CTPY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Decanber2l, 2012 00 �z oo - i General Conditions Page l2 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for consfiruction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: l. those reports lrnown 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 subconlractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: l. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CiTY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMEN']CS Revision: Decanba2l, 2012 oo�aoo-i General Conditions Page 13 of 63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or perfornung any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: l. 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 conlract; 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. Contxactor 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 futnished to Ciry 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 sha11 have fu11 responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CIT'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCiIMENTS Revision: Decanba2l, 2012 aonoo-i 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. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. Veriiication of existing utilities, shuctures, 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 far 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 far bridgework. Contractor sha11 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 properiy 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 lalown 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 CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Dac�mba21, 2012 007200-I General Conditioas 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. Contractar 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 itnmediately: (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 zn 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. CTI'1' OF FORT WORTH STANDAFtD CONSTRUCTION SPECIFCATION DOCt.JMEN'1'S Revision: Decanba2l, 2012 oo�zoo-� General Couditions Page ] 6 of 63 ARTICLE 5— BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractar shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security far the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor sha11 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 attomey-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 ternunated 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 Certifzcates of Insurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on all liability policies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMEN'I'S Revision: D�anba2l, 2012 oo�zoo-i 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. 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. 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 subrogarion against the Engineer (if applicable), and each additional insured idenrified 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 sha11 not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurauce 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 pnmary 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. 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. Tn CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCLIMENTS Revision: Decanba2l, 2012 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 adjushnents 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' Liabilzty. Coniractor 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 sha11 include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CTI'1' OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCITiv�,NTS Revision: Dece�nba21, 2012 00�2oo-i General Conditions Page 19 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a ininimum 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 sha11 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 perfortn 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 at�y wan'anty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall unmediately 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 ofBonds 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 sha11 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 RESPONSIBILTI'IES 6.01 Supervision and Superintendence A. Contractar 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. CIT'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCLJMENTS Revision: Dacanba2l, 2012 oo�zoo-i General Conditions Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractar. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of constntction. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perForm construction as required by the Contract Documents. Contractar shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perForm Work: l. 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, conshuction 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 sha11 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 equipmen�. CTI'1' OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Dec��ba21, 2012 ao�zoo-i 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 sha11 submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjushnents 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 O1 32 16. 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. l. "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.OS.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 constntction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCLJMENTS Revision: Decanba2l, 2012 oo�zoo-i 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 fiwctioning 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.OS.A.1, it may be submitted as a proposed subsritute 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 Coniractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to funush or use. The application shall comply with Section O1 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 Wark will require a change in any of the Contract Documents (ar 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; CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCiJMENTS Revision: Dac��ba21, 2012 oo�aoo-i General Conditions Page 23 of 63 c) whether incorporation or use of the proposed substiiute item in connection with the Work is subject to payrnent 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 Da.mage Clailns 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 mea.ns, 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.OS.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.OS.A and 6.OS.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or-equal" ar 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 fiunish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemn� and hold harmless Czty 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.OS.A.2 and 6.OS.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Coniractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. CTI'1' OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMEN'I'S Revision: Dacanba2l, 2012 oo�aoo-i General Conditions Page 24 of 63 G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorparated 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, ar other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Business Diversity Enterprise Ordinance Compliance: It is City policy to ensure the full and ' equitable parkicipation by Minority and Small Business Enterprises (MBE)(SBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MBE and/or SBE goal, Contractor is required to comply with the intent of the City's Business Diversity Ordinance (as amended) by the following: 1. Contractor shall, upon request by the City, provide complete and accurate information regarding actual work performed by a MBE and/or SBE on the Confract and payment ' therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MBE without written consent of the City. Any unjusrified 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 perfortned by an MBE and/or SBE. Material misrepresentation of any nature may be grounds for ternunation of the Contract in accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds far 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 OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCI)MENTS Revision: Dacanba2l, 2012 007200-I General Conditions Page 25 0£ 63 1. shall create for the benefit of any such Subconiractor, 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 fiunishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performiug 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 ra.tes detennined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its adminisirative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determznation 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 deterinination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occutred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial deterr�unation. Upon the City's determination that there is good cause to believe the Contractor or Subconiractor 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. C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCLTMENTS Revision: Deoanba2l, 2012 00 �2 00 - i Geoeral Conditions Page 26 of 63 D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violarion 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 Contractar ar 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 l lth 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 imal and binding on a11 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 nasne and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (u) 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. Coniractor 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 Docuznents 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 indemn� and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of eng-ineers, 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 zncident to the use in the performance of the Work or resulting from CiTY OF FORT WORTH STANDARD CONSTRUCTION 3PECIFCATION DOCUMENTS Revision: Decc�nber2l, 2012 ao�2oo-i General Conditions Page 27 of 63 the incorporation in the Work of any invention, design, process, product, or device not speczfied in the ContractDocuments. 6.09 Permits and Utilities A. Contractor obtained permzts 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 pernuts 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 ar 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 Ciry will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Pernuts 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulatzons A. Contractor shall give all notices required by and shall comply with a11 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, aud other professionals and all CTl'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCi7MENTS Revision: Decemba2l, 2012 007200-I 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 sha11 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 151301-335 (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 Sta.te 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 Ta�c Division Capitol Station Austin, TX 7871 l; or 2. htlp://www.window.state.tx.us/ta�tinfo/taxforms/93-forms.html 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 pernutted 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, ar 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 WORTTi STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Decanba2l, 2012 00 �2 00 - � 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 indemn� and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work. During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Szte Mazntenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractar 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 a11 tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better a11 property disturbed by the Work. E. Loading Structures: Contractor shall not load nor pemut any part of any structure to be loaded in any manner that will endanger the siructure, nor shall Contractor subject any part of the Work or adjacent property to sfresses 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 Inspecfiion. 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 Wark. 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 CIT'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Decanber2l, 2012 oo�zoo-i General Conditions Page 30 of 63 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent daxnage, injury or loss to: 1. 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 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 conshuction. 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 sha11 erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent properiy 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 prograuz, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A2 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 sha11 inform City in writing of Contractor's designated safery representative at the Site. 6.16 Hazard Communication Programs Contractor shall be responsible for coardinating 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 SPECIFCATION DOCUMENTS Revision: Dacanba2l, 2012 00�2oo-i General Conditions Page 31 of 63 changes in the Work ar variations from the Contract Documents have been caused thereby or are required as a result thereof. If City detennuies 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 cornplete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, aud equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept sha11 be executed in confornuty with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: D�nb�r21, 2012 00�2oo-i General Conditions Page 32 of 63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work perfortned priar to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Ciry s Review.• l. City will provide timely review of required Submittals in accordance with the Schedule of Submiitals acceptable to City. City's review and acceptance will be only to detennuie 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 safery 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. 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 O1 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 CPI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMF,N'I'S Revision: December2l, 2012 oonoo-i General Conditions Page 33 of 63 2. normal wear and tear under nortnal usage. C. Contractor's obligation to perform aud 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 fiunish 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 Contrac� THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF TFIE DAMAGES BEING SOUGHT WERE CAUSED IN WHOLE OR 1N PART, BY ANY ACT. OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDE��VIFICATION PROVISION IS CPI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCLTMENTS Revision: Dacanba2l, 2012 oo�aoo-� Ge�eral Conditions Page 34 of 63 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF TT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSEA 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 622, City's review and acceptance of design calculations and design drawings will be only for the lunited 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 Audzt 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 exatnine 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 payrnent 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 CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: T)acannber2l, 2012 00�2oo-i 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 reimbuu-se Contractor for the cost of the copies as follows at the rate published in the Texas Aduiuiisirative Code in effect as of the time copying is performed. 6.24 Nondzscrimination 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 Admi.nistration (FTA), without discriininating 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 arrcended: Contractor shall comply with the requirements of the Act and the Regulations as fiuther defined in the Supplementary Conditions for any proj ect 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 Coniractor prior to starliug 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 sha11 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. C1T'P OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCLJMEN'I'S Revision: Decanba2l, 2012 007200-1 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: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be idenrified; 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 accardance with Article 14. 8.04 Lands and Easements; Reports and Tests City's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CTl'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCIJMENTS Revision: Decanba2l, 2012 00 �2 00 - i General Conditions Page 37 of 63 8.07 Limitations on City's Responsibilities A. The City sha11 not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, metliods, 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 Undzsclosed Hazardous Environmental Condztion City's responsibility with respect to an u.ndisclosed 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 Czty's Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Doculnents. The Project Representative(s) will be as provided in the Supplementary Conditions. 9.02 Visits to Site. A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Wark is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CTI'I' OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCIJMM�::NTS Revision: Decanba2l, 2012 00 �z oo - i General Conditions Page 38 of 63 9.03 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that 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 for WorkPetformed Contractar will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements of Contract Documents and 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 — C�IANGES 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 perfortned 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. CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Decemba2l, 2012 oo�zoo-i General Conditions Page 39 of 63 10.02 Unauthorzzed 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: changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.O1.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Docutnents 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 sha11 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 lrnown, unlrnown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCtTMENTS Revision: Decanber2l, 2012 oo�zoo-i General Conditions Page 40 of 63 10.06 Contract Claims Process A. City's Decision Required: All Contract Clauns, 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 Contxact Claim sha11 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 Contractar 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 Claim; 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 puiposes of further resolution of the Contract Claim, such notice shall be deemed a denial. CTI'1' OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Decanba2l, 2012 oo�zoo-i 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. A.R.TICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 1 l.OI.B, necessarily incurred and paid by Contractor in the proper performance of the Wark. When the value of any Work covered by a Change Order, the costs to be reimbursed to Coniractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.O1.B, and shall include but not be limited to the following items: 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 sha11 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 sha11 be apportioned on the basis of their time spent on the Work. Payroll costs sha11 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 perfoi7ning 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 fumished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 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. CITl' OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCLIMENTS Revision: DecanUer21, 2012 00 �z oo - i 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 Contractar aud shall deliver such bids to City, who will then detennine, 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 Wark plus a fee, the Subcontractor's Cost of the Work and fee shall be deteimuied 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 Contractar'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 losses, 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 SPECIFCATION DOCUMEN'PS Revision: Dacanixr2l, 2012 oonoo-i 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: Payroll costs and other compensation of Contractor's officers, executives, principals (of parinerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attomeys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Coniractor's principal or branch ofFice for general adinuiistration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.O1.A.1 or specifically covered by Paragraph 11.O1.A.4, al1 of which are to be considered aciininistrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 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 a11 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 adjushnent in Contract Price is deterinined on the basis of Cost of the Work, Contractor's fee sha11 be determined as set forth in Paragraph 12.O1.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.O1.A and 11.O1.B, 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 Confiractor 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: CIT'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCt.IMEN'I'S Revision: Decanba2l, 2012 00 �2 00 - i 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 taaces; 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 sha11 be conespondingly 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. CTI'I' OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENT'S Revision: Decanba2l, 2012 oo�zoo-i General Conditions Page 45 of 63 2. If the changes in quantities or alterations sigxuficantly 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 Coniract 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 ar 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 adjushnent may be made to the quantity of authorized wark done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the fin.al quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CIT'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Decanba2l, 2012 oo�aoo-i Genernl 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; CI3ANGE 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: 1. 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 itexns involved (subject to the provisions ofParagraph 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.O1.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.O1.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (deterinined as provided in Paragraph 12.O1.C). C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: l. 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.O1.A.1, 11.O1.A.2. and 11.O1.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.O1.A.4 and 11.O1.A.5, the Contractor's fee shall be five percent (5%); 1) 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 12A1.C.2.a and 12.O1.C.2.b is that the Subcontractor who actually performs the Work, at whatever CIT'1' OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMEN'I'S Revision: Dccanba2l, 2012 oo�zoo-i General Conditions Page 47 of 63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.O1.A.1 and 11.O1.A.2 and that any higher tier Subcontractor a.nd 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.O1.A.6, and 11.O1.B; 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 crirical 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 sha11 include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors perfonning 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 resolurion 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 conlrol of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the conlrol 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. CTI'Y OF FORT WORTH STANDAI2D CONSTRUCTION SPECIFCATION DOCUMEN'I'S Revision: Decanba2l, 2012 oo�zoo-i General Conditions Page 48 of 63 ARTICLE 13 — 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 Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide 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 thereo fl to be inspected, tested, ar approved, Contractor shall assume fu11 responsibility for ananging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish Ciiy 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 sisnilar 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. CIT'I' OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCLIMENTS Revision: Decanba2l, 2012 00 �z oo - i 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 far 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 Wark in question, fuiYiishing 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 WORTfi STANDARD CONSTRUCTION SPECIFCATION DOCUMENT'S Revision: Dac�ba21, 2012 00�2oo-i General Conditions Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any surety far, or employee or agent of any of them. 13.06 Correction orRemoval ofDefective 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 sha11 pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Coniractor 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 tertns 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: l. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Ciry, 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 litnited to all costs of repair or replacement of work of others) will be paid by Contractor. CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCiJMF:NTS Revision: Decanba2l, 2012 oo�zoo-i General Couditions 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 conshued as a substitute for, or a waiver of, the provisions of any applicable statute of ]irnitation or repose. 13.08 Acceptance ofDefective Work If, instead of requiring correction or removal and replacement of defective Worlc, 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 Contractar. 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, ar if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution C11'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Decanba2l, 2012 00 �a oo - 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 Doculnents 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 far 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 for 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 General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the 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 ar 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 SPECIFCATION DOCUMEN"I'S Revision: Darzmber2l, 2012 oo�zoo-1 General Conditions Page 53 of 63 B. Review ofApplzcations: 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 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 Chauge Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or CTI'1' OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMEN'1'S Revision: Ikcanba2l, 2012 oonoo-i General Conditions Page 54 of 63 e. City has actual lrnowledge of the occurrence of any of the events entunerated in Paragraph 15.02.A. C. Retainage: l. 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. E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F. Reduction zn 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 14.02.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 sha11 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. C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCLJMEN'I'S Revision: Dacanba2l, 2012 oo�zoo-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 deterinines 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.OS.A.1, City and Contractor shall make an inspection of that part of the Work to detennine 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 Finallnspection 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 detennine 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 Fznal 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. CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Dacanba2l, 2012 oo�zoo-i 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 docttmentation 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.� 1. 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 confinns, City may, upon receipt of Contractor's final Application far 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 sripulated 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCilMENTS Revision: Dacernba2l, 2012 00 72 00 - 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 amou.nt sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of final paytnent will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fUc the date on which Work will be resumed. Contractor sha11 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 consiruction 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 nar 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 conshuction 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 proj ect for the City. CI7'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUIvIENTS Revision: D�ba21, 2012 oo�zoo-i 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 far cause: 1. 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 #20020-12-2011established 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 ar for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or banla�upt, or otherwise financially unable to carry on the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractar to proceed to perform the construction Contract, the City may, to the extent pernutted by Laws and Regulations, declare a Contractor default and formally terininate 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 Wark. 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 addirional written notice demanding Surety's performance of its CTI'I' OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCiJMEN'I'S Revision: Decanber2l, 2012 oo�zoo-i General Conditions Page 59 of 63 obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any fuxther payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all clauns, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difFerence to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Wark, 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 tunely 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 otl�erwise prescribed by law. C. Notwithstanding Paragraphs 15.02.B, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to tenni.uate 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 proceduxes of that bond shall not supersede the provisions of this Article. CTI'I' OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENT'S Revision: Decanba2l, 2012 oo�zoo-i General Conditions Page 60 of 63 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 terniination sha11 be effected by mailing a notice of the tennivation to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termivation 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 tennuiation 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 wark under the Contract on the date and to the extent specified in the notice of ternunation; 2. place no fitrther 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. tenninate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of terrrunation; 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 termivation date specified in the notice of ternunation, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of terniination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CTI'I' OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Dacanba2l, 2012 00 �a oo - i General Conditions Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items prov'ided, 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, a.nd any necessary adjusfiments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of ternunation, 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 tennination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of tertnination in performing services and fu.iuishing 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 texmination. 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 deteimine, 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 detenniued. 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 RESOLITTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Ciry or Contractor: CIT'I' OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCIJMENTS Revision: Decanba2l, 2012 00�2oo-i 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 — NIISCELLANEOUS 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 confiinlation of receipt by the receiving party. 17.02 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. C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: DecanbFr21, 2012 oo�aoo-� 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 tennination 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. CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Decanba2l, 2012 00 �3 00 - i SUPPLEMENTARY CONDITIONS Page 1 of 5 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 CONDTTIONS TO GENERAL CONDITIONS Supplementary Conditions 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 modif'ied 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 5upplements 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 and Specifications shall govern over standard details. SC-4AlA Easement limits shown on the Drawing aze 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. 5G4.O1A.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 21, 2012: 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 estunates 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.O1A.2, "Availability of Lands" CTI'Y OF FORT WORTFI STANDARD CONSTRUCTION SPECIFTCATION DOCUMENTS Revised Febniary 21, 2012 BRIDGE REHABILTTATION (2014-25) GGOi-539590-0202003 00 �s oo - a SUPPLEMENTARY CONDTI'IONS Page 2 of 5 Utilities or obstructions to be removed, adjusted, and/or relocated The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as of February 21, 2012 EXPECTED UTILTTY AND LOCATION OWNER TARGET DATE OF ADJUSTMENT NONE 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 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. SC-4.02A., "Subsurface and Physical Conditions" The following are reports of explorations and tests of subsurface conditions at the site of the Work: A"None" Report No. , dated , prepared by "None" a sub-consultant of "None", a consultant of the City, providing additional information on "None" The following are drawings of physical conditions in or relating to e�sting surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site of the Work: NONE SC-4.06A., "Hazardous Environmental Conditions at Site" The following are reports and drawings of e�cisting hazardous environmental conditions known to the City: NONE 5C-5.03A., "Certificates of Insurance" The entities listed below are "additional insureds as their interest may appear" including their respective officers, directors, agents and employees. (1) City (2) Consultant: NONE (3) Other: NONE SC-5.04A., "Contractor's Insurance" The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: 5.04A. Workers' Compensation, under Paragraph GC-5.04A. Statutory limits Employer's liability $100,000 each accidendoccurrence $100,000 Disease - each employee $500,000 Disease - policy limit SC-5.04B., "Contractor's Insurance" CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFTCA'I'ION DOCUMENTS Revised February 21, 2012 BRIDGE REHABILTTATION (2014-25) GGO1-539590-0202003 007300-3 SUPPLEMENTARY CONDITIONS Page 3 of 5 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 5.04B. Commercial General Liability, under Paragraph GC-5.04B. 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 sepazately 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 Pazagraph GC-5.04C. Contractor's Liability Insurance under Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: (1) 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 properiy. 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-enCry (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 operarions and work cross, occupy, or touch railroad property: (1) General Aggregate: (2) Each Occurrence: Required for this Contract N/A N/A X Not required for this Contract With respect to the above outlined insurance requirements, the following shall govern: CIT'P OF FORT WORTH STANDARD CONSTRUCTION SPECIFTCATION DOCUMENTS Revised February 21, 2012 BRIDGE REHABILTTATION (2014-25) GGOl-539590-0202003 00�300-4 SUPPLEMENTARY CONDITIONS Page 4 of 5 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 l. 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 raikoad 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 activi[y 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 sepazation 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 fumished 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 Raikoad 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 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 acguired by the Contractor: UP Railroad SC-6.09B. "City obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the City: 1. Nationwide Pemut 14 2. Flood Plain Permit (Ranch View Road and Old Denton Road) SC-6.09C. "Outstanding permits and licenses" The following is a list of known outstanding pernuts and/or licenses to be acquired, if any as of Apri130, 2013 Outstanding Permits and/or Licenses to Be Acquired CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFTCATION DOCUMENTS Revised February 21, 2012 BRIDGE REHABILTTATION (201425) GGO1-539590-0202003 007300-5 SUPPLEMENTARY CONDIT'IONS Page 5 of 5 OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION 1 2 3 4 SC-7.02., "Coordination" 5 6 The individuals or entities listed below have contracts with the City for the performance of other work at 7 the Site: 8 None Vendor Scope of Work Coordination Authorit �NONE NONE — � NONE 9 10 11 SC-8.01, "Communications to Contractor" 12 13 NONE 14 15 5C-9.01., "City's Project Representative" 16 17 The following firm is a consultant to the City responsible for construction management of this Project: 18 NONE 19 20 SG-13.03C., "Tests and Inspections" 21 22 NONE 23 SC-16.O1C.1, "Methods and Procedures" 24 25 NONE 26 27 28 29 END OF SECTION CTfY OF FORT WORTH BRIDGE REHABILTTATION (2014-25) STANDARD CONSTRUCTION SPECIFTCATION DOCUMENTS GGOl-539590-0202003 Revised February 21, 2012 oiiioo-i SUMMARY OF WORK Page 1 of 3 1 2 SECTION 011100 SUMMARY OF WORK 3 PART1- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 A. Section Includes: 1. Summary of Work to be performed in accordance with the Contract Documents B. Deviations from this City of Fort Worth Standard Specification -- ------- �------, - ---- --- �-- -- -- -- .._ _ _.: L MOBILIZATI�N SHAI.L BE SUBSIDIARY TO_THIS PROJEC°T PAY ITEMS� _._. �VO. SEPARATE PAY:; C. Related Speciiication 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 14 A. Measurement and Payment 15 l. Work associated with this Item is considered sizbsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCE5 [NOT USED] 18 1.4 ADMIl�TISTRATIVE REQUIREMENTS 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 A. Work Covered by Contract Documents l. 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 1. 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 speciiic 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. 2. MOBII.,IZATION SHALL NOT BE PAID DIRECTLY BUT SHALL BE CONSIDERED SUBSIDIARY TO THE MAJOR ITEMS OF WORK. 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. CIT'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILTTATION (2014-25) GGO1-539590-0202003 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 oiiioo-a SUMMARY OF WORK Page 2 of 3 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. 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 unobshucted and so as not to inconvenience occupants of adjacent property. c. ff the street is occupied by raikoad 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 pernut. D. Work within Easements 4. 5 � l. Do not enter upon private property for any purpose without having previously obtained pernussion from the owner of such property. 2. Do not store equipment or material on private properly 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. 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. 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. 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 associated with 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. CIT'Y OF FORT WORTfi STANDARD CONSTRUCTION SPECIFTCATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABII.TI'ATION (201425) GGO1-539590-0202003 011100-3 SUMMARY OF WORK Page 3 of 3 1 2 3 4 5 6 7 8 9 l0 11 12 13 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBNIITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY A5SURANCE [NOT USED] 1.10 DELIVERY, STORAGE, A1VD 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 STANDARD CONSTRUCTTON SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REFIABIL,TTATION (2014-25) GGO1-539590-0202003 oiasoo-i SUBSTITUTION PROCEDURES Page 1 of 4 i 2 SECTION 0125 00 SUBSTITUTION PROCEDURES 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedure for requesting the approval of substitution of a product that is not � equivalent to a product which is specified by descriptive or performance criteria or g defined by reference to 1 or more of the following: 9 a. Name of manufacturer 10 b. Name of vendor 11 c. Trade name 12 d. Catalog number 13 2. Substitutions are not "or-equals". 14 B. Deviations from this City of Fort Worth Standard Specification 15 l. None. 16 C. Related Specification Sections include, but are not necessarily limited to: 17 l. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract lg 2. Division 1— General Requirements 19 1.2 PRICE AND PAYMENT PROCEDURES 20 A. Measurement and Payment 21 1. Work associated with this Item is considered subsidiary to the various items bid. 22 No separate payment will be allowed for this Item. 23 1.3 REF'ERENCES [NOT USED] 24 1.4 ADMI1�tISTRATIVE REQUIREMENTS 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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 speciiied. 2. Certain types of equipment and kinds of material are described in Speciiications 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July l, 2011 BRIDGE REHABILTTATION (2014-25) GGO1-539590-0202003 012500-2 SUBS'T'PI'UTION PROCEDURES Page 2 of 4 1 b. Contractor proposes a cost and/or time reduction incentive to the City. 2 1.5 SUBMITTALS 3 A. See Request for Substitution Form (attached) 4 B. Procedure for Requesting Substitution 5 1. Substitution shall be considered only: 6 a. After award of Contract � b. Under the conditions stated herein g 2. Submit 3 copies of each written request for substitution, including: 9 a. Documentation 10 1) Complete data substantiating compliance of proposed substitution with 11 Contract Documents 12 2) Data relating to changes in construction schedule, when a reduction is 13 proposed 14 3) Data relating to changes in cost 15 b. For products 16 1) Product identification 17 a) Manufacturer's name lg b) Telephone number and representative contact name 19 c) Specification Section or Drawing reference of originally specified 20 product, including discrete name or tag number assigned to original Z1 product in the Contract Documents 22 2) Manufacturer's literature clearly marked to show compliance of proposed 23 product with Contract Documents 24 3) Itemized comparison of original and proposed product addressing product 25 characteristics including, but not necessarily limited to: 26 a) Size 27 b) Composition or materials of construction Zg c) Weight 29 d) Electrical or mechanical requirements 30 4) Product experience 31 a) Location of past projects utilizing product 32 b) Name and telephone number of persons associated with referenced 33 projects lrnowledgeable concerning proposed product 34 c) Available field data and reports associated with proposed product 35 5) Samples 36 a) Provide at request of City. 37 b) Samples become the property of the City. 3g c. For construction methods: 39 1) Detailed description of proposed method 40 2) Illustration drawings 41 C. Approval or Rejection 42 1. Written approval or rejection of substitution given by the City 43 2. City reserves the right to require proposed product to comply with color and pattern 44 of specified product if necessary to secure design intent. 45 3. In the event the substitution is approved, the resulting cost and/or time reduction 46 will be documented by Change Order in accordance with the General Conditions. CITY OF FORT WORTH BRIDGE REHABILTTATION (2014-25) STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS GGOl-539590-0202003 Revised July 1, 2011 0125 00 - 3 SUBSTI'I'UTION PROCEDURES Page 3 of 4 1 2 3 4 5 6 7 8 9 4. No additional contract time will be given for substitution. 5. 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 SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 subsequenfly 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] 28 PART 3- EXECUTION [NOT USED] 29 30 31 END OF SECTION CPI'1' OF FORT WORTH BRIDGE REHABILTTATION (2014-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOl-539590-0202003 Revised July l, 2011 012500-4 SUBS'I'PI'UTION PROCEDURES Page 4 of 4 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 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 substitudon 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 CTl'Y OF FORT WORTH 3TANDARD CONSTRUCTION 3PECIFTCATION DOCUMENTS Revised July 1, 2011 Rejected BRIDGE REHABILTTATION (2014-25) GGOI-539590-0202003 013119-1 PRECONSTRUCTION MEETING Page 1 of 3 1 2 SECTION 013119 PRECONSTRUCTION MEETING 3 PART1- GENERAL 4 11 SUMMARY 5 6 7 8 9 10 11 12 13 1.2 A. Section Includes: 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administrarion procedures B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: l. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMII�iISTRATIVE REQUIREMENT5 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 A. Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualiiied 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 CIT'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABII.ITATIOAN (2014-25) GGO1-539590-0202003 013119-2 PRECONSTRUCTION MEETING Page 2 of 3 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 e. Other City representatives f. Others as appropriate 4. Construction Schedule a. Prepare baseline construction schedule in accordance with Section O1 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 pernuts 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 representarive for operations of eacisting 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. Conespondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MBE procedures hh. Final Acceptance ii. Final Payment jj. Questions or Comments CIT'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABIL,TTATIOAN (2014-25) GG01-539590-0202003 013119-3 PRECONSTRUCTION MEETING Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSUI2ANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] S 1.12 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3- EXECUTION [NOT USED] 11 END OF SECTION 12 13 CTTY OF FORT WORTH BRIDGE REHABII.ITATIOAN (201425) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOl-539590-0202003 Revised July 1, 2011 013120-1 PROJECT MEETING3 Page 1 of 3 1 2 3 PART1- GENERAL 4 1.1 SUMMARY 5ECTION 013120 PROJECT MEETINGS 5 A. Section Includes: 6 1. Provisions for project meetings throughout the construction period to enable orderly 7 review of the progress of the Work and to provide for systematic discussion of 8 potential problems 9 B. Deviations this City of Fort Worth Standard Specification 10 1. None. 11 12 13 14 1.2 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 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 l. Work associated with this Item is considered subsidiary to the various items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMIIVISTRATIVE REQUIREMENTS 20 A. Coordination 21 1. Schedule, attend and administer as specified, periodic progress meetings, and 22 specially called meetings throughout progress of the Work. 23 2. Representatives of Contractor, subcontractors and suppliers attending meetings 24 shall be qualified and authorized to act on behalf of the entity each represents. 25 3. Meetings administered by City may be tape recorded. 26 a. If recorded, tapes will be used to prepare minutes and retained by City for 27 future reference. 28 4. Meetings, in addition to those specified in this Section, may be held when requested 29 by the City, Engineer or Contractor. 30 B. Pre-Construction Neighborhood Meeting 31 1. After the execution of the Agreement, but before construction is allowed to begin, 32 attend 1 Public Meeting with affected residents to: 33 a. Present projected schedule, including construction start date 34 b. Answer any construction related questions 35 2. Meeting Location 36 a. Location of ineeting to be determined by the City. 37 3. Attendees 38 a. Contractor CPTI' OF FORT WORTfi BRIDGE REHABILITATION (2014-25) STANDARD CONSTRUCTION 3PECIFICATION DOCUMENTS GGOl-539590-0202003 Revised July l, 2011 013120-2 PRO7ECT MEETINGS Page 2 of 3 i b. Project Representative 2 c. Other City representatives 3 4. Meeting Schedule 4 a. In general, the neighborhood meeting will occur within the 2 weeks following 5 the pre-construction conference. 6 b. In no case will construction be allowed to begin until this meeting is held. 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 C. Progress Meetings 1. 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 f. 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. Conective 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 p. Review status of Requests for Information CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILTTATION (2014-25) GGO1-539590-0202003 013120-3 PROJECT MEETINGS Page 3 of 3 1 6. Meeting Schedule 2 a. Progress meetings will be held periodically as determined by the Project 3 Representative. 4 1) Additional meetings may be held at the request of the: 5 a) City 6 b) Engineer � c) Contractor 8 7. Meeting Location 9 a. The City will establish a meeting location. 10 1) To the extent practicable, meetings will be held at the Site. 11 1.5 SUBMITTALS [NOT USED] 12 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTAL5 [NOT U5ED] 13 1.7 CLOSEOUT SUBMITTALS [NOT USED] 14 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 15 1.9 QUALITY ASSURANCE [NOT USED] 16 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 17 1.11 FIELD [SITE] CONDITIONS [NOT USED] 18 1.12 WARRANTY [NOT USED] 19 PART 2- PRODUCTS [NOT USED] 20 PART 3- EXECUTION [NOT USED] 21 22 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 23 C1TY OF FORT WORTH BRIDGE REHABILTTATION (201425) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOl-539590-0202003 Revised July 1, 2011 013216-1 CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 1 2 3 4 SECTION 013216 CONSTRUCTION PROGRESS SCHEDULE PARTl- GENERAL 1.1 SUNIlVIARY 5 A. Section Includes: 6 1. General requirements for the preparation, submittal, updating, status reporting and � management of the Construction Progress Schedule g 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance 9 Document 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1— General Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 17 18 19 1.3 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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. REFERENCES A. Definitions 1. 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 projects 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. CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFTCATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABII.TTATION (2014-25) GGO1-539590-0202003 013216-2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 B. Progress Schedule 3 B. Reference Standards 4 1. City of Fort Worth Schedule Guidance Document 5 1.4 ADMINISTRATIVE REQUIREMENTS 6 A. Baseline Schedule 7 1. General 8 a. Prepare a cost-loaded baseline Schedule using approved software and the 9 Critical Path Method (CPM) as required in the City of Fort Worth Schedule 10 Guidance Document. 11 b. Review the draft cost-loaded baseline Schedule with the City to demonstrate 12 understanding of the work to be performed and known issues and constraints 13 related to the schedule. 14 c. Designate an authorized representative (Project Scheduler) responsible for 15 developing and updating the schedule and preparing reports. 16 17 18 19 C. Responsibility for Schedule Compliance 20 3. Change Orders 21 a. Incorporate approved change orders, resulting in a change of contract time, in 22 the baseline Schedule in accordance with City of Fort Worth Schedule 23 Guidance Document. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 1. 2. 4. Schedule Narrative - Concise narrative of the schedule including schedule changes, expected delays, key schedule issues, critical path items, etc 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. 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 bacldog 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 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. CTI'Y OF FORT WOR'I'H STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2014-25) GGO1-539590-0202003 013216-3 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 3 4 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 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 detern-une whether the requested extension of time is entifled 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 detemunation 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. 3. 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. 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 acrivities 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. CIT'Y OF FORT WORTH STANDARD CONSTRUCTION 3PECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILTTATION (201425) GGO1-539590-0202003 013216-4 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 determine 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. 18 1.5 SUBMITTALS 19 A. Baseline Schedule 20 1. 21 22 23 24 2. 25 Submit Schedule in native file format and pdf format as required in the City of Fort Worth Schedule Guidance Document. a. Native file format includes: 1) Primavera (P6 or Primavera Contractor) Submit draft baseline Schedule to City prior to the pre-construction meeting and bring in hard copy to the meeting for review and discussion. 26 B. Progress Schedule 27 1. Submit progress Schedule in native file format and pdf format as required in the 28 City of Fort Worth Schedule Guidance Document. 29 2. Submit progress Schedule monthly no later than the last day of the month. 30 31 32 33 1. Submit the schedule narrative in pdf format as reqnired in the City of Fort Worth Schedule Guidance Document. 2. Submit schedule narrative monthly no later than the last day of the month. 34 D. Submittal Process 35 1. The City administers and manages schedules through Buzzsaw. 36 2. Contractor shall submit documents as required in the City of Fort Worth Schedule 37 Guidance Document. 38 3. Once the project has been completed and Final Acceptance has been issued by the 39 City, no further progress schedules are required. 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 C. Schedule Narrative CITY OF FORT WORTH BRIDGE REHABILTTA'ITON (201425) STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS GGOl-539590-0202003 Revised July 1, 2011 013216-5 CONSTRUCTION PROGRE3S SCHEDULE Page 5 of 5 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLO5EOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTAL5 [NOT U5ED] 4 1.9 QUALITY ASSURANCE 5 A. The person preparing and revising the construction Progress Schedule shall be 6 experienced in the preparation of schedules of similar complexity. 7 B. Schedule and supporting documents addressed in this Speciiication shall be prepared, g updated and revised to accurately reflect the performance of the construcrion. 9 C. Contractor is responsible for the quality of all submittals in this section meeting the 10 standard of care for the construction industry for similar projects. 11 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 12 1.11 FIELD [SITE] CONDITIONS [NOT USED] 13 1.12 WARRANTY [NOT USED] 14 PART 2- PRODUCTS [NOT USED] 15 PART 3- EXECUTION [NOT USED] 16 END OF SECTION 17 18 CiTY OF FORT WORTH BRIDGE REHABILTTATION (2014-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOl-539590-0202003 Revised July 1, 2011 013233-1 PRECONSTRUC'ITON VIDEO Page 1 of 2 1 2 3 PARTl- GENERAL SECTION 0132 33 PRECONSTRUCTION VIDEO 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative and procedural requirements for: � a. Preconstruction Videos 8 B. Deviations from this City of Fort Worth Standazd Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1— General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRA.TIVE REQUIREMENTS 19 A. Preconstruction Video 20 1. Produce a preconstruction video of the site/alignment, including all areas in the 21 vicinity of and to be affected by construction. 22 a. Provide digital copy of video upon request by the City. 23 2. Retain a copy of the preconstruction video until the end of the maintenance surety 24 period. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBNIITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED) 31 1.11 FIELD [SITE] CONDITIONS [NOT USED] 32 1.12 WARRANTY [NOT USED] 33 PART 2- PRODUCTS [NOT USED] CTI'Y OF FORT WORTH BRIDGE REHABILTTATION (201425) STANDARD CONSTRUCT'ION SPECIFTCATION DOCUMENTS GGOl-539590-0202003 Revised July l, 2011 013233-2 PRECONSTRUCTION VIDEO Page 2 of 2 1 PART 3- EXECUTION [NOT U5ED] 2 END OF SECTION 3 4 CiTY OF FORT WORTH BRIDGE REHABILTI'ATION (2014-25) STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS GGOl-539590-0202003 Revised July 1, 2011 013300-i SUBMITTALS Page 1 of 8 1 2 SECTION 0133 00 SUBMTTTALS 3 PART1- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 17 1.2 A. Section Includes: 1. 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 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMIIVISTRATIVE REQUIl2EMENTS 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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 Tunes 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 fl 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. CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFTCATION DOCLTMENTS Revised July 1, 2011 BRIDGE REHABII.ITAT'ION (2014-25) GGO1-539590-0202003 013300-2 SUBMiTTALS Page 2 of 8 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 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 l. When submitting shop drawings or sarnples, utilize a 9-character submittal cross- reference identif'ication 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 l. 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 consiruction 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, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." 36 D. Submittal Format 37 1. Fold shop drawings larger than S 1/z inches x 11 inches to 81/z inches x l linches. 3g 2. Bind shop drawings and product data sheets together. 39 40 41 42 43 44 45 46 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 CTl'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABII.TTATION (2014-25) GGO1-539590-0202003 013300-3 SUBMITTALS Page 3 of 8 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 2. The Project title and number 3. Contractor identif'ication 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 l. 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 conect fabrication of the Work depends upon iield 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 refened to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and pattems 3) Manufacturer's printed statements of compliances and applicability 4) Roughing-in diagrams and templates 5) Catalog cuts 6) Product photographs CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFTCATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILTTATION (2014-25) GGOl-539590-0202003 013300-4 SUBMITTALS Page 4 of 8 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 7) Standard wiring diagrams 8) 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 I. 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. l. 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 conections 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 l. Electronic Distribution a. 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. 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 1 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. Hazd Copy Distribution (if required in lieu of electronic distribution) CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFTCATION DOCUMENTS Revised July l, 2011 BRIDGE REHABILTTATION (2014-25) GGOI-539590-0202003 013300-5 SUBMITTALS Page 5 of 8 1 a. Shop Drawings 2 1) Distributed to the City 3 2) Copies 4 a) 8 copies for mechanical submittals 5 b) 7 copies for all other submittals 6 c) ff Contractor requires more than 3 copies of Shop Drawings returned, � Contractor shall submit more than the number of copies listed above. g b. Product Data 9 1) Distributed to the City 10 2) Copies 11 a) 4 copies 12 c. Samples 13 1) Distributed to the Project Representative 14 2) Copies 15 a) Submit the number stated in the respective Specification Sections. 16 3. Distribute reproductions of approved shop drawings and copies of approved 1� product data and samples, where required, to the job site file and elsewhere as 1 g directed by the City. 19 a. Provide number of copies as directed by the City but not exceeding the number 20 previously specified. 21 22 23 24 25 26 27 28 29 2• 30 31 32 33 34 3. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 K. Submittal Review 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. Pernutting 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 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 fuliillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 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. 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. 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 4. 5. CiTY OF FORT WORTH STANDARD CONSTRUCTION SPECIFTCATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILTTATION (2014-25) GGO1-539590-0202003 013300-6 SUBMITTALS Page 6 of 8 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 c. � 1) "EXCEPTIONS NOTED". This code is assigned when a coniumation 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. Code 3 1) "EXCEPTIONS NOTED/RESUBMTT". 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-confornung items that were noted. c) Resubmittal is to be received by the City within 15 calendar days of the date of the City's transmittal requiring the resubmittal. 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 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7 E:3 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 list or mark the submittal directing the Contractor to the areas that are incomplete. 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 Working Days prior to release for manufacture. CPI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABIL.TTATION (2014-25) GGO1-539590-0202003 O13300-7 SUBMITTALS Page 7 of 8 1 9. When the shop drawings have been completed to the satisfaction of the City, the 2 Contractor may catry out the construction in accordance therewith and no further 3 changes therein except upon written instructions from the City. 4 10. Each submittal, appropriately coded, will be returned within 30 calendar days 5 following receipt of submittal by the City. 6 L. Mock ups 7 1. Mock Up units as specified in individual Sections, include, but are not necessarily g limited to, complete units of the standard of acceptance for that type of Work to be 9 used on the Project. Remove at the completion of the Work or when directed. 10 M. Qualifications 11 1. If speciiically required in other Sections of these Specifications, submit a P.E. 12 Certification for each item required. 13 N. Request for Information (RFn 14 1. Contractor Request for additional information 15 a. Clarification or interpretation of the contract documents 16 b. When the Contractor believes there is a conflict between Contract Documents 1� c. When the Contractor believes there is a conflict between the Drawings and 1 g Specifications 19 1) Identify the conflict and request clariiication Zp 2. Use the Request for Information (RFI) form provided by the City. 21 3. Numbering of RFI 22 a. Prefix with "RFI" followed by series number, "-x�c"> beginning with "O1" and 23 increasing sequentially with each additional transmittal. 24 4. Sufficient information shall be attached to permit a written response without further 25 information. 26 5. The City will log each request and will review the request. 27 a. If review of the project information request indicates that a change to the 28 Contract Documents is required, the City will issue a Field Order or Change 29 Order, as appropriate. CTl'Y OF FORT WORTH BRIDGE REHABILTTAT'ION (2014-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOl-539590-0202003 Revised 7uly 1, 2011 013300-8 SUBMITTALS Page 8 of 8 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS (NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 110 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [5ITE] CONDITIONS [NOT USED] 8 1.12 WARI2ANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3- EXECUTION [NOT USED] 11 END OF SECTION 12 13 CiTY OF FORT WORTH BRIDGE REHABILTTATION (2014-25) STANDARD CONSTRUCTTON SPECIFTCATION DOCUMENTS GGOl-539590-0202003 Revised July 1, 2011 013513-1 SPECIAL PROJECT PROCEDURES Page 1 of 8 2 SECTION 013513 SPECIAL PROJECT PROCEDURES 3 PART1- GENERAL 4 1.1 SUNIlVIARY 5 A. Section Includes: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 l. The procedures for special project circumstances that includes, but is not limited to: a. Coordination with the Texas Department of Transportation b. Work neaz High Voltage Lines c. Confined Space Entry Program d. Air Pollution Watch Days e. Use of Explosives, Drop Weight, Etc. f. Water Department Notification g. Public Notification Prior to Beginning Construction h. Coordination with United States Army Corps of Engineers i. Coordination within Railroad permits areas j. Dust Control k. Employee Parldng B. Deviations from this City of Fort Worth Standard Specification l. 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 1— General Requirements 24 3. Section 33 12 25 — Connection to E�cisting Water Mains 25 1.2 PRICE AND PAYMENT PROCEDURES 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 A. Measurement and Payment l. Coordination within Railroad pernut areas a. Measurement 1) Measurement for this Item will be by lump sum. b. Payment 1) The work performed and materials furnished in accordance with this Item will be paid for at the lump sum price bid for Railroad Coordination. c. The price bid shall include: 1) Mobilization 2) Inspection 3) Safety training 4) AdditionalInsurance 5) Insurance Certificates 6) Other requirements associated with general coordination with Railroad, including additional employees reguired to protect the right-of-way and property of the Railroad from damage arising out of and/or from the construction of the Project. C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFTCATION DOCUMENTS Revised [Insert Revision Date] BRIDGE REHABILTI'ATION (2014-25) GG01-539590-0202003 O13513-2 SPECIAL PROJECT PROCEDIJRES Page 2 of 8 1 2 3 4 5 6 7 8 9 10 il 12 13 14 2. Railroad Flagmen a. Measurement 1) Measurement for this Item will be per working day. b. Payment 1) The w�rk performed and materials furnished in accordance with this Item will be paid for each working day that Railroad Flagmen are present at the Site . c. The price bid shall include: 1) Coordination for scheduling flagmen 2) Flagmen 3) Other requirements associated with Railroad 3. All other items a. Work associated with these Items is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 15 1.3 REFERENCES 16 A. Reference Standards 17 1. Reference standards cited in this Specification refer to the current reference lg standard published at the time of the latest revision date logged at the end of this 19 Specification, unless a date is specifically cited. 20 2. North Central Texas Council of Governments (NCTCOG) — Clean Construction 21 Specification 22 1.4 ADMINISTRATIVE REQUIItEMENTS 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 A. Coordination with the Texas Department of Transportation 1. When work in the right-of-way which is under the jurisdiction of the Texas Department of Transportation (TxDOT): a. Notify the Texas Department of Transportation prior to commencing any work therein in accordance with the provisions of the pernut b. All work performed in the T�cDOT right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation B. Work near High Voltage Lines 1. Warning sign a. Provide sign of sufficient size meeting all OSHA requirements. 2. Equipment operating within 10 feet of high voltage lines will require the following safety features a. Insulating cage-type of guard about the boom or arm b. Insulator links on the lift hook connections for back hoes or dippers c. Equipment must meet the safety requirements as set forth by OSHA and the safety requirements of the owner of the high voltage lines 3. Work within 6 feet of high voltage electric lines a. Notification shall be given to: 1) The power company (example: ONCOR) a) Maintain an accurate log of all such calls to power company and record action taken in each case. b. Coordination with power company Ctt'1' OF FORT WORTH STt1NDARD CONSTRUCTION SPECIFTCATION DOCUMENTS Revised (Insert Revision Date] BRIDGE REI�IABII.TI'AT'ION (2014-25) GGO1-539590-0202003 013513-3 SPECIAL PR07ECT PROCEDURES Page 3 of 8 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 1) After notification coordinate with the power company to: a) Erect temporary mechanical barriers, de-energize the lines, or raise or lower the lines c. No personnel may work within 6 feet of a high voltage line before the above requirements have been met. C. Confined Space Entry Program 1. Provide and follow approved Coniined Space Entry Program in accordance with OSHA reguirements. 2. Coniined Spaces include: a. Manholes b. All other coniined spaces in accordance with OSHA's Permit Required for Confined Spaces D. Air Pollution Watch Days 1 2. General a. Observe the following guidelines relating to working on City consiruction sites on days designated as "AIR POLLUTION WATCH DAYS". b. Typical Ozone Season 1) May 1 through October 31. c. Critical Emission Time 1) 6:00 a.m. to 10:00 a.m. Watch Days a. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. b. Requirements 1) Begin work after 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. 2) However, the Contractor may begin work prior to 10:00 a.m. if: a) Use of motorized equipment is less than 1 hour, or b) If equipment is new and certified by EPA as "Low Emitting", or equipment burns IJltra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. E. Use of Explosives, Drop Weight, Etc. l. When Contract Documents permit on the project the following will apply: a. Public Notification 1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior to commencing. 2) Minimum 24 hour public notiiication in accordance with Section O1 31 13 F. Water Department Coordination 40 1. During the construction of this project, it will be necessary to deactivate, for a 41 period of time, existing lines. The Contractor shall be required to coordinate with 42 the Water Department to deternune the best times for deactivating and activating 43 those lines. 44 2. Coordinate any event that will require connecting to or the operation of an existing 45 City water line system with the City's representative. 46 a. Coordination shall be in accordance with Section 33 12 25. CTTY OF FORT WORTH BRIDGE REHABILTTATION (2014-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOl-539590-0202003 Revised [Insert Revision Date] 013513-4 SPECIAL PROJECT PROCEDURES Page 4 of 8 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 b. If needed, obtain a hydrant water meter from the Water Department for use during the life of named project. c. In the event that a water valve on an existing live system be turned off and on to accommodate the constructivn of the project is required, coordinate this activity through the appropriate City representative. 1) Do not operate water line valves of eacisting water system. a) Failure to comply will render the Contractor in violation of Texas Penal Code Title 7, Chapter 28.03 (Criminal Mischiefl and the Contractor will be prosecuted to the full extent of the law. b) In addition, the Contractor will assume all liabilities and responsibilities as a result of these actions. G. Public Notification Prior to Beginning Construction 1. Prior to beginning construction on any block in the project, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: a. Post notice or flyer 7 days prior to beginning any construction activity on each block in the project area. 1) Prepare flyer on the Contractor's letterhead and include the following information: a) Name of Project b) City Project No (CPN) c) Scope of Project (i.e. type of construction activity) d) Actual construction duration within the block e) Name of the contractor's foreman and phone number fl Name of the City's inspector and phone number g) City's after-hours phone number 2) A sample of the `pre-construction notification' flyer is attached as Eachibit A. 3) Submit schedule showing the construction start and finish time for each block of the project to the inspector. 4) Deliver flyer to the City Inspector for review prior to distribution. b. No construction will be allowed to begin on any block until the flyer is delivered to all residents of the block. H. Public Notification of Temporary Water Service Interruption during Construction l. In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction, prepare and deliver a notice or flyer of the pending interruption to the front door of each affected resident. 2. Prepared notice as follows: a. The notification or flyer shall be posted 24 hours prior to the temporary interruption. b. Prepare flyer on the contractor's letterhead and include the following information: 1) Name of the project 2) City Project Number 3) Date of the interruption of service 4) Period the interruption will take place 5) Name of the contractor's foreman and phone number CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised [Tnsert Revision Date] BRIDGE REHABII.ITATION (2014-25) GGO1-539590-0202003 0135 13 - 5 SPECIAL PROJECT PROCEDUFtES Page 5 of 8 1 2 3 4 5 6 7 8 9 c. d. e. f. 6) Name of the City's inspector and phone number A sample of the temporary water service interruption notification is attached as Exhibit B. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed. No interruption of water service can occur unkil the flyer has been delivered to all affected residents and businesses. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector. 10 I. Coordination with United States Army Corps of Engineers (USACE) 11 1. At locations in the Project where construction activities occur in areas where 12 USACE pernuts are required, meet all requirements set forth in each designated 13 pernut. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 J. Coordination within Railroad Permit Areas 1. At locations in the project where construction activities occur in areas where railroad pernuts are required, meet all requirements set forth in each designated railroad permit. This includes, but is not limited to, provisions for: a. Flagmen b. Inspectors c. Safety training d. Additional insurance e. Insurance certificates f. Other employees required to protect the right-of-way and property of the Railroad Company from damage arising out of and/or from the construction of the project. Proper utility clearance procedures shall be used in accordance with the pemut guidelines. 2. Obtain any supplemental information needed to comply with the railroad's requirements. 3. Railroad Flagmen a. Submit receipts to City for verification of working days that railroad flagmen were personnel were present on Site. K. Dust Control 1. Use acceptable measures to control dust at the Site. a. If water is used to control dust, capture and properly dispose of waste water. b. If wet saw cutting is perFormed, capture and properly dispose of slurry. L. Employee Parking 1. Provide parldng for employees at locations approved by the City. CTI'I' OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised [Insert Revision Date] BRIDGE REHABII,TTAT'ION (2014-25) GGO1-539590-0202003 0135 13 - 6 SPECIAL PROJECT PROCEDURES Page 6 of 8 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION 5UBNIITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL 5UBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND I3ANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT U5ED] 9 PART 2- PRODUCTS [NOT USED] l0 PART 3- EXECUTION [NOT USED] 11 END OF SECTION t2 13 CITY OF FORT WORTH BRIDGE REHABILTTATION (2014-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GCAI-539590-0202003 Revised (Insert Revision Date] O13513-7 SPECIAL PROJECT PROCEDURES Page 7 of 8 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 2s 29 30 31 32 33 34 35 36 37 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.> � 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 C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised [Insert Revision Date] BRIDGE REHABILTTATION (2014-25) GGO1-539590-0202003 013513-8 SPECIAL PROJECT PROCEDURES Page 8 of 8 1 2 EXHIBIT B FORTWORTH �: Do� xo. x�cxx Proie« hame: �'IO'tICE OF TEMPORARY WA?ER SLRVICE IPITERRiIPTION DUE TO UTILITY IMPROVEMENT5 IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTER.RUPTED ON BETWEEN THE HOURS OF �D IF YOU HAVE QUESTIONS ABOUT TFIIS SiIUT-OUT, PLEASE CALL: MR AT (CONTRACTORS SUPERIriTENDENT) (TELEPHONE NUMBER) OR M� AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, CONTRACTOR 3 4 CTTY OF FORT WORTH BRIDGE REHABILTTATION (2014-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGO1-539590-0202003 Revised [Tnsert Revision Date] 014523-1 TESTING AND INSPECTION SERVICES Page 1 of 2 1 2 3 PART1- GENERAL 4 l.l SLTMMARY SECTION 0145 23 TESTING E1ND INSPECTION SERVICES 5 A. Section Includes: 6 1. Testing and inspection services procedures and coordination 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. Related Specif'ication Sections include, but are not necessarily lunited to: l. 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 perfornung, 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 iust Quality Assurance test perforrned 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. REFERENCES [NOT USED] 25 1.3 26 1.4 ADMII�IISTRATIVE REQUIREMENTS 27 28 29 30 31 32 33 34 35 36 37 38 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, suff'iciently 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. 3. Distribution of Testing Reports a. Electronic Distribution 1) Coniirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another external FTP site approved by the City. CIT'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REFIABILTTATION (2014-25) GGO1-539590-0202003 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 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) 1 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 U5ED] 1.6 ACTION SUBNIITTALS/INFORMATIONAL SUBMITTAL5 [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 - PRODUCT5 [NOT USED] 27 PART 3- EXECUTION [NOT USED] 28 END OF SECTION 29 30 Revision Log DATE NAME SUMMARY OF CHANGE BRIDGE REHABII.TTATION (201425) GGO1-539590-0202003 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFTCATION DOCUMENTS Revised July 1, 2011 oi so oo- i TEMPORARY FACILTTIES AND CONTROLS Page 1 of 4 2 SECTION Ol 50 00 TEMPORARY FACILTI'IES AND CONTROLS 3 PART1- GENERAL 4 l.l SUIVIMARY 5 6 7 8 9 10 11 12 13 14 A. Section Includes: 1. 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. Ternporary fencing of the construction site B. Deviations from this City of Fort Worth Standard Specification 1. None. 15 C. Related Specification Sections include, but are not necessarily limited to: 16 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division 1— General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various Items bid. 21 No separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMII�TISTRA.TIVE REQUIREMENTS 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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 jurisdicrion. 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 CIT'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCiTMENTS Revised July 1, 2011 BRIDGE REHABILITATON (2014-25) GGOl-539590-0202003 a ois000-a TEMPORARY FACILTTIES AND CONTROLS Page 2 of 4 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 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 heat 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 l. 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. Stoxe materials in a neat and orderly manner. a. Place materials and equipment to pern-ut 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 e�cisting buildings. 6. Remove building from site prior to Final Acceptance. 42 D. Temporary Fencing 43 1. Provide and maintain for the duration or construction when required in contract 44 documents 45 E. Dust Control CiTY OF FORT WORTH BRIDGE REHABILTTATON (2014-25) STANDARD CONSTRUCTION SPECIFICAT'ION DOCLJMENTS GGOl-539590-0202003 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 015000-3 TEMPORARY FACILTTIES ANU CONTROLS Page 3 of 4 1. Contractor is responsible for maintaining dust control t�rough 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 SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTAL5 [NOT USED] 1.8 MAINTENANCE MATERIAL 5UBMITTALS [NOT USED] 1.9 QUALITY ASSURA.NCE [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] 17 PART 3- EXECUTION [NOT USED] 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3.1 INSTALLER.S [NOT U5ED] 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 [ox] 5ITE QUALITY CONTROL [NOT USED) 3.8 SYSTEM STARTLTP [NOT USED] 3.9 ADNSTING [NOT USED] 3.10 CLEA1vING [NOT USED] 3.11 CLOSEOUT ACTIVITIE5 A. Temporary Facilities CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILTTATON (2014-25) GGO1-539590-0202003 ois000-a TEMPORARY FACILTTIES AND CONTROLS Page 4 of 4 1 1. Remove all temporary facilities and restore area after completion of the Work, to a 2 condition equal to or better than prior to start of Work. 3 3.12 PROTECTION [NOT USED] 4 3.13 MAINTENANCE [NOT USED] 5 3.14 ATTACI3MENTS [NOT USED] 6 END OF SECTION 7 8 CITY OF FORT WORTH BRIDGE REHABILITATON (201425) STANDARD CONSTRUCT'ION SPECIFICATION DOCUMENTS GGOl-539590-0202003 Revised July 1, 2011 015526-1 3TREET USE PERMTT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 1 2 SECTION 0155 26 STREET USE PERMIT AND MODIFICATIONS TO TRAF��IC CONTROL 3 PART1- GENERAL 4 1.1 SiJMMARY 5 6 7 8 9 10 11 12 13 14 15 A. Section Includes: 1. Administrative procedures for: a. Street Use Pernut b. Modiiication 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 lunited to: l. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Reguirements 3. Section 34 71 13 — Traff'ic Control 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES 21 A. Reference Standards 22 1. Reference standards cited in this specification refer to the current reference standard 23 published at the time of the latest revision date logged at the end of this 24 specification, unless a date is specifically cited. 25 2. Texas Manual on Uniform Traff'ic Control Devices (TMUTCD). 26 1.4 ADMIl�TISTRATIVE REQUIREMENTS 27 A. Traffic Control 28 1. General 29 a. When traffic control plans are included in the Drawings, provide Traffic 30 Control in accordance with Drawings and Section 34 71 13. 31 b. When traffic control plans are not included in the Drawings, prepare traffic 32 control plans in accordance with Section 34 71 13 and submit to City for 33 review. 34 1) Allow minimum 10 working days for review of proposed Traffic Control. 35 B. Street Use Pernut 36 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 37 a. To obtain Street Use Pernut, submit Traff'ic Control Plans to City 38 Transportation and Public Works Department. CiTY OF FORT WORTH BRIDGE REHABILTI'ATION (2014-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOl-539590-0202003 Revised July 1, 2011 015526-2 STREET USE PERMIT AND MODIFTCATIONS TO TRAFFIC CONTROL Page 2 of 3 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 1.5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 27 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 30 1.9 QUALITY ASSURANCE [NOT USED] 31 32 33 1.12 WARI2ANTY [NOT USED] 1) Allow a minimum of 5 worlcing days for permit review. 2) Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Pernut, such that construction is not delayed. C. Modification to Approved Traff'ic Control 1. Prior to installation tr�c 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 Pernut, 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. Ternporary Signage l. 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. SUBMITTALS [NOT USED] 34 PART 2- PRODUCTS [NOT USED] 35 PART 3- EXECUTION [NOT USED] 36 END OF SECTION CIT'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July l, 2011 BRIDGE REHABILTTATION (2014-25) GGOl-539590-0202003 015526-3 STREET USE PERMTI' AND MODIFTCATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CTI'Y OF FORT WORTH BRIDGE REHABILITATION (2014-25) STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS GGOl-539590-0202003 Revised July 1, 2011 015713-1 STORM WATER POLLUTION PREVENTION Page 1 of 3 1 2 SECTION 015713 STORM WATER POLLUTION PREVENTION 3 PARTl- GENERAL 4 1.1 SITMMARY 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Speciiication 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 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 1 acre of disturbance a. Measurement and Payment shall be in accordance with Section 31 25 00. REFERENCES 21 1.3 22 23 24 25 26 27 28 29 30 31 32 33 34 1.4 35 36 37 A. Abbreviations and Acronyms 1. 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 A.DMI1vISTRATIVE REQUIREMENTS A. General l. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. CTTY OF FORT WORTH STANDARD CONSTRUCTION SPECIFTCATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABII.ITATON (2014-25) GGO1-539590-0202003 015713-2 STORM WATER POLLUTION PREVENTION Page 2 of 3 1 B. Construction Activities resulting in: 2 1. Less than 1 acre of disturbance 3 a. Provide erosion and sediment control in accordance with Section 31 25 00 and 4 Drawings. 5 2. 1 to less than 5 acres of disturbance 6 a. Texas Pollutant Discharge Elunination System (TPDES) General Construction 7 Pernut is required 8 b. Complete SWPPP in accordance with TCEQ requirements 9 1) TCEQ Small Construction Site Notice Required under general permit l0 TXR150000 11 a) Sign and post at job site 12 b) Prior to Preconstruction Meeting, send 1 copy to City Department of 13 Transportation and Public Works, Environmental Division, (817) 392- 14 6088. 15 2) Provide erosion and sediment control in accordance with: 16 a) Section 3125 00 17 b) The Drawings 18 c) TXR150000 General Permit 19 d) SWPPP 20 e) TCEQ requirements 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 3. 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Pemut is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI 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 NOI 3) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Pernut d) S WPPP 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, (81'7) 392-6088. 40 1.5 SUBMITTALS 41 A. SWPPP 42 1. Submit in accordance with Section O1 33 00, except as stated herein. 43 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 44 as follows: 45 1) 1 copy to the City Project Manager 46 a) City Project Manager will forwazd to the City Department of 47 Transportation and Public Works, Environmental Division for review CiTY OF FORT WORTH BRIDGE REHABILTTATON (2014-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOl-539590-0202003 Revised July 1, 2011 015713-3 STORM WATER POLLUTION PREVENTTON Page 3 of 3 1 B. Modified SWPPP 2 l. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 3 in accordance with Section O1 33 00. 4 1.6 ACTION SUBMITTALS/INF'ORMATIONAL SUBMITTALS [NOT USED] 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MA.TERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY A5SURANCE [NOT USED] 8 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 9 1.11 FIELD [SITE] CONDITIONS [NOT USED] 10 1.12 WARRANTY [NOT USED] 11 PART 2- PRODUCTS [NOT USED] 12 PART 3- EXECUTION [NOT USED] 13 END OF SECTION 14 15 CITY OF FORT WORTH BRIDGE REHABILITATON (2014-25) STANDARD CONSTRUCTION SPECIFTCATION DOCLTMENTS GGO1-539590-0202003 Revised July 1, 2011 015813-1 TEMPORARY PROJECT SIGNAGE Page 1 of 3 1 SECTION 015813 2 TEMPORARY PROJECT SIGNAGE 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Temporary Project Signage Requirements 7 B. Deviations from this City of Fort Worth Standard Specification g l. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1— General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTAL5 [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 DELIVERY, STORA.GE, AND HANDLING [NOT USED] 24 1.11 FIELD [SITE� CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2 - PRODUCTS 27 2.1 OWNER-FUI2NISHED (ox] OWNER-SUPPLIEDPRODUCTS [NOT USED] 28 2.2 EQLTII'MENT, PRODUCT TYPES, AND MATERIALS 29 A. Design Criteria 30 l. Provide free standing Project Designation Sign in accordance with City's Standard 31 Details for project signs. CITY OF FORT WORTH BRIDGE REHABILTTATION (2014-25) STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS GGOl-539590-0202003 Revised July 1, 2011 0 015813-2 TEMPORARY PROJECT SIGNAGE Page 2 of 3 1 2 3 4 5 B. Materials 1. Sign a. Constructed of 3/a-inch fir plywood, grade A-C (exterior) or better 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] 6 PART 3 - EXECUTION 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 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 / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [ox] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 A.DNSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT U5ED] 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 BRIDGE REHABILTTATION (2014-25) STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS GGOi-539590-0202003 Revised July 1, 2011 015813-3 TEMPORARY PROJECT SIGNAGE Page 3 of 3 Revision Log DATE I NAME � SUMMARY OF CHANGE CTI'1' OF FORT WORTH BRIDGE REHABILITATION (2014-25) STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS GG01-539590-0202003 Revised July 1, 2011 1 2 3 PART1- GENERAL 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2� 28 29 30 31 32 33 34 SECTION 0160 00 PRODUCT REQUIREMENTS O16000-1 PRODUCT REQUII2EMENTS Page 1 of 2 1.1 SUMMARY A. Section Includes: 1. A listing of the approved products for use in the City B. Deviations from this City of Fort Worth Standard Specification l. 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 REFERENCE5 [NOT USED] 1.4 ADMINI5TRATIVE REQUIltEMENTS A. A list of City approved products for use is attached to this Section. 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 O1 33 00 for submittal requirements of Product Data included on City's Standard Product List. 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 U5ED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] CTI'Y OF FORT WORTfI STANDARD CONSTRUCTION SPECIFTCATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILTTATION (2014-25) GGO1-539590-0202003 O16000-2 PRODUCT REQiJIKEMENTS Page 2 of 2 1 l.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3- EXECUTION [NOT USED] 5 END OF SECTION 0 Revision Log DATE NAME SUMMARY OF CHANGE CiTY OF FORT WORTH BRIDGE REHABILITATION (2014-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOl-539590-0202003 Revised July 1, 2011 1 2 3 PART1- GENERAL 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 017423-1 CLEANING Page 1 of 4 SECTION 0174 23 CLEANING l.l SUMMARY A. Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere 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 32 9213 — Hydro-Mulching, Seeding and Sodding 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 ADMIIVISTRATIVE REQUIItEMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INI+'ORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. CTI'1' OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILTTATION (201425) GGDI-539590-0202003 017423-2 CLEANING Page 2 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART2- PRODUCTS 4 5 6 7 8 9 10 11 12 13 14 15 16 17 i8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 2.1 OWNER-FUI2NISHED [ox] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents l. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 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 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [ox] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General l. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. CTl'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFTCATION DOCUMENTS Revised 7uly l, 2011 BRIDGE REHABILTTATION (2014-25) GGOl-539590-0202003 017423-3 CLEANING Page 3 of 4 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 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. ff project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on-site. B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in e�sting facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which may become airbome or transported by flowing water during the storm. C. Interior Final Cleaning l. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other foreign materials from sight-exposed surfaces. 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 3. Wash and shine glazing and mirrors. 4. Polish glossy surfaces to a clear shine. 5. Ventilating systems a. Clean permanent iilters and replace disposable filters if units were operated during construction. b. Clean ducts, blowers and coils if units were operated without filters during construction. 6. Replace all burned out lamps. 7. Broom clean process area floors. 8. Mop office and control room floors. D. Exterior (Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a. Re-seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traff'ic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILTTATION (2014-25) GGO1-539590-0202003 017423-4 CLEANING Page 4 of 4 1 4. If no longer required for maintenance of erosion facilities, and upon approval by 2 City, remove erosion control from site. 3 5. Clean signs, lights, signals, etc. 4 3.11 CLOSEOUT ACTIVITIES [NOT USED] 5 3.12 PROTECTION [NOT USED] 6 3.13 MAINTENANCE [NOT USED] 7 3.14 ATTACHMENTS [NOT USED] 8 9 10 END OF SECTION CTTY OF FORT WORTH BRIDGE REHABII.TTATION (2014-25) STANDARD CONSTRUCTION SPECIFTCATION DOCLTMENTS GGOI-539590-0202003 Revised July 1, 2011 34 71 13 - 1 TRAFFIC CONTROL Page 1 of 6 1 2 3 PART1- GENERAL 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 SECTION 34 7113 TRAFFIC CONTROL 1.1 SUNIlVIARY A. Section Includes: 1. Installation of Traffic Control Devices and preparation of Traffic Control Plans B. Deviations from this City of Fort Worth Standard Specification 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 TiT .. ..t .,...a D.,«,�,ant � T « n +• fm...,�,. (�....+.-.,1 To.,:,.o.. -- � TRo .++ 1\ TR t f T,-.,FF:.. f'.,,,rr�,ti] t, 11 1, rl, f +l, D.-., ..+ r �et�: � n *�, :� ao�:,,oa .,� �n,.zta„a„r a„<,.. �....,...,� �., .,»..,....... v_,... '..�_� __ t \ Tt, 1 .-F �,�. .a .,...�1 .,,�t ' / f ' h .i ' .�1 'rl. *7,' T� r a ,�1 •a .i , .,,dow �rn�e..�„ro..,o„r» �t,zn�o .,:a F,,,- .,r «t,o Y r ��ee-�:a f,,.. «r,-n��;,. r� �u"�i". E. Ti,o ., o L,:.-1 �l,nll : z: �u.'�.�: i� �r �� r,,..,,.,.i ; „to,t, Z\ T., ��i �� ��„ ,,.a �=c="=a==� 4}—���e�s �}—�e�e�s ����^�' 2. Portable Message Signs a. Measurement CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2014-25) GGO1-539590-0202003 017719-1 CLOSEOUT REQUIREMENTS Page 1 of 3 1 2 SECTION 017719 CLOSEOUT REQUIItEMENTS 3 PARTl- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 1.2 A. Section Includes: 1. The procedure for closing out a contract B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily lunited to: 1. Division 0— Bidding Requirernents, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIltEMENTS 18 19 20 21 22 23 24 25 1.5 26 A. Guarantees, Bonds and A.ffidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. SUBMITTALS A. Submit all required documentation to City's Project Representative. CiTY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised )uly 1, 2011 BRIDGE REHABILTTATION (2014-25) GGO1-539590-0202003 0 017719-2 CLOSEOUT REQUIREMENTS Page 2 of 3 1 1.6 INFORMATIONAL SUBMITTALS [NOT U5ED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 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 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section O1 78 39 2. Operation and Maintenance Data, if required, in accordance with Section Ol 78 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 0174 23. C. FinalInspection l. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deiiciencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a. Speciiied spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f. Vault keys g. Handwheels h. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFTCATION DOCUMENTS Revised 7uly 1, 2011 BRIDGE REHABILTI'AT'ION (2014-25) GGO1-539590-0202003 017719-3 CLOSEOUT REQUIREMENTS Page 3 of 3 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 3� 1. Once the City Project Representative finds the Work subsequent to Final Inspecdon to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) f. Contractor's Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT U5ED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD (ox] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEA1�iING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTAC�IlVIENTS [NOT USED] END OF SECTION C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (201425) GGO1-539590-0202003 t 1 2 3 PART1- GENERAL 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 017839-1 PRO7ECT RECORD DOCUMENTS Page 1 of 4 SECTION 0178 39 PROJECT RECORD DOCUMENTS 1.1 5UIVIMARY A. Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports 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 l. Work associated with this Item is considered subsidiary to the various Items bid. No sepazate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUII2EMENTS [NOT USED] 1.5 SUBMITTALS A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City's Project Representative. 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. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other pocuments where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. CTI'Y OF FORT WORTH BRIDGE REHABILTTATION (2014-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOl-539590-0202003 Revised July 1, 2011 017839-2 PROJECT RECORD DOCUMENTS Page 2 of 4 1 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 2 inforrnation that the change has occurred. 3 4. Provide factual information regarding all aspects of the Work, both concealed and 4 visible, to enable future modification of the Work to proceed without lengthy and 5 expensive site measurement, investigation and examination. 6 1.10 STORAGE AND HANDLING 7 8 9 10 11 12 13 14 15 16 A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] 17 PART 2 - PRODUCTS 18 2.1 OWNER-FUIZNISHED [ox] OWNER-SUPPLIED PRODUCTS [NOT USED] 19 20 21 22 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. 23 B. Final Record Documents 24 1. At a time nearing the completion of the Work and prior to Final Inspection, provide 25 the City 1 complete set of all Final Record Drawings in the Contract. 26 2.3 ACCESSORIES [NOT USED] 27 2.4 SOURCE QUALITY CONTROL [NOT USED] 28 PART 3 - EXECUTION 29 3.1 INSTALLERS [NOT USED] 30 31 32 33 34 35 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCIJMENTS - JOB SET". CTTY OF FORT WORTFi STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILTTATION (2014-25) GGOl-539590-0202003 017839-3 PROJECT RECORD DOCUMENTS Page 3 of 4 1 2. PI'ES0N1ilOri 2 a. Considering the Contract completion time, the probable number of occasions 3 upon which the job set must be taken out for new entries and for examination, 4 and the conditions under which these activities will be performed, devise a 5 suitable method for protecting the job set. 6 b. Do not use the job set for any purpose except entry of new data and for review � by the City, until start of transfer of data to final Project Record Documents. g c. Maintain the job set at the site of work. 9 3. Coordination with Construction Survey ip a. At a minimum, in accordance with the intervals set forth in Section 0171 23, 11 clearly mark any deviations from Contract Documents associated with 12 installation of the infrastructure. 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 4. G� Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a"cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and sunilar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is deternuned by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. 42 B. Final Project Record Documents 43 1. Transfer of data to Drawings 44 a. Carefully transfer change data shown on the job set of Record Drawings to the 45 corresponding final documents, coordinating the changes as required. 46 b. Clearly indicate at each affected detail and other Drawing a full description of 47 changes made during construction, and the actual locarion of items. C1T'Y OF FORT WORTH BRIDGE REHABILTI'ATION (2014-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENT3 GGOl-539590-0202003 Revised 7uly 1, 2011 017839-4 PROJECT RECORD DOCUMENTS Page 4 of 4 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 c. Call attention to each entry by drawing a"cloud" around the area or areas affected. d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other pocuments a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [ox] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEA1�tING [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 CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFTCATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILTTATION (2014-25) GGOl-539590-0202003 34 71 13 - 2 TRAFFIC CONTROL Page 2 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ig 19 2� 21 22 23 3 1) Measurement for this Item shall be per week for the duration of use. b. Payment 1) The work performed and materials furnished in accordance to this Item and measured as provided under "Measurement" shall be paid for at the unit price bid per week for "Portable Message Sign" rental. c. The price bid shall include: 1) Delivery of Portable Message Sign to Site 2) Message updating 3) Sign movement throughout construction 4) Retum of the Portable Message Sign post-construction Preparation of Traffic Control Plan Details: SUBSIDIARY NO SEPARATE PAY �. r,r .,. 1\ T� f F rl.' Tt ' T F� f' t 1 T t'1 a r tl.�D-"�` `rr:a:ii c 1, il 1. '.7 F + rl, 't .,.�;..0 1.:.i ., .,..1. ��T.-.,Ff:.. f'.,..t�.,t Ter.,:l>' y r r� �� Tt, o 1.:,7 �1,.,17 ;,,..7„ao. t\ D .. tl.o T�..fF;.. ("'�nt�..l Dl.,,, Tlor..:l� Y b r-r����� 24 1.3 REFERENCES 25 A. Reference Standards 26 1 27 28 29 2 30 3 31 32 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. Texas Manual on Uniform Traff'ic Control Devices (TMUTCD). Item 502, Barricades, Signs, and Traffic Handling of the Texas Department of Transportation, Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges. 33 1.4 ADMINISTRA.TIVE REQUIREMENTS 34 35 36 1. Contact Traffic Services Division (817-392-7738) a minimum of 48 hours prior to implementing Trafiic Control within 500 feet of a traffic signal. 37 B. Sequencing 38 1. Any deviations to the Traffic Control Plan included in the Drawings must be first 39 approved by the City and design Engineer before implementation. 40 1.5 SUBMITTALS 41 A. Provide the City with a current list of qualified flaggers before beginning flagging 42 activities. Use only flaggers on the qualified list. A. Coordination CITY OF FORT WORTH BRIDGE REHABILTTATION (201425) STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS GGOl-539590-0202003 Revised July 1, 2011 347113-3 TRAFFIC CONTROL Page 3 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 B. Obtain a Street Use Pernut from the Street Management Section of the Traffic Engineering Division, 311 W. 10`f' Street. The Traffic Control Plan (TCP) for the Project shall be as detailed on the Traffic Control Plan Detail sheets of the Drawing set. A copy of this Traffic Control Plan shall be submitted with the Street Use Pernut. C. Traffic Control Plans shall be signed and sealed by a licensed Texas Professional Engineer. D. Contractor shall prepare Traffic Control Plans if required by the Drawings or Speciiications. The Contractor will be responsible for having a licensed Texas Professional Engineer sign and seal the Traffic Control Plan sheets. E. Contractor responsible for having a licensed Texas Professional Engineer sign and seal changes to the Traffic Control Plan(s) developed by the Design Engineer. F. Design Engineer will fiunish standard details for Traff'ic Control. 1.6 ACTION SUBMITTAL5/INFORMATIONAL SUBMITTALS [NOT USED] 14 1.7 CLOSEOUT SUBMITTAL5 [NOT USED] 15 1.8 MA.INTENANCE MATERIAL SUBMITTALS [NOT USED] 16 1.9 QUALITY ASSURANCE [NOT U5ED] 17 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 18 19 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] 20 PART 2 - PRODUCTS 21 2.1 OWNER-FURNISI�ED (ox] OWNER-SUPPLIED PRODUCTS [NOT USED] 22 23 24 25 26 27 28 29 30 31 32 2.2 AS5EMBLIE5 AND MATERIALS A. Description 1. Regulatory Requirements a. Provide Trafiic Control Devices that conform to details shown on the Drawings, the TMUTCD, and TxDOT's Compliant Work Zone Traffic Control Device List (CWZTCDL). 2. Materials a. Traffic Conirol Devices must meet all reflectivity requirements included in the TMLJTCD and TxDOT Specifications — Item 502 at all times during construction. b. Electronic message boards shall be provided in accordance with the TMUTCD. CITY OF FORT WORTH BRIDGE REHABILTTATION (2014-25) STANDARD CONSTRUCTION SPECIFTCATION DOCUMENTS GG01-539590-0202003 Revised July 1, 2011 1 2.3 ACCESSORIES [NOT U5ED] 2 2.4 SOURCE QUALITY CONTROL [NOT USED] 3 PART 3 - EXECUTION 4 3.1 EXAMINATION [NOT USED] 5 3.2 PREPARATION 6 A. Protection of In-Place Conditions 7 l. Protect existing traffic signal equipment. 8 3.3 INSTALLATION 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 34 71 13 - 4 TRAFFIC CONTROL Page 4 of 6 A. Follow the Tr�c Control Plan (TCP) and install Traff'ic Control Devices as shown on the Drawings and as directed. B. Install Traffic Control Devices straight and plumb. C. Do not make changes to the location of any device or implement any other changes to the Traff'ic Con�ol Plan without the approval of the Engineer. 1. Minor adjustments to meet field constructability and visibility are allowed. D. Maintain Traffic Control Devices by taking corrective action as soon as possible. l. Corrective action includes but is not limited to cleaning, replacing, straightening, covering, or removing Devices. 2. Maintain the Devices such that they are properly positioned, spaced, and legible, and that retroreflective characteristics meet requirements during darkness and rain. E. If the Inspector discovers that the Contractor has failed to comply with applicable federal and state laws (by failing to fumish the necessary flagmen, warning devices, barricades, lights, signs, or other precautionary measures for the protection of persons or properiy), the Inspector may order such additional precautionary measures be taken to protect persons and property. F. Subject to the approval of the Inspector, portions of this Project, which are not affected by or in conflict with the proposed method of handling traffic or utility adjustments, can be constructed during any phase. G. Barricades and signs shall be placed in such a manner as to not interFere with the sight distance of drivers entering the highway from driveways or side streets. H. To facilitate shifting, barricades and signs used in lane closures or traffic staging may be erected and mounted on portable supports. l. The support design is subject to the approval of the Engineer. I. Lane closures shall be in accordance with the approved Tr�c Control Plans. J. If at any time the existing traffic signals become inoperable as a result of construction operations, the Contractor shall provide portable stop signs with 2 orange flags, as approved by the Engineer, to be used for Traffic Control. K. Flaggers CTI'Y OF FORT WORTI-I STANDARD CONSTRUCTION 3PECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILTTATION (201425) GGO1-539590-0202003 34 71 13 - 5 TRAFFIC CONTROL Page 5 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2. 3. 4. 5. Provide a Contractor representative who has been certif'ied as a flagging instructor through courses offered by the Texas Engineering Extension Service, the American Traf�c Safety Services Association, the National Safety Council, or other approved organizations. a. Provide the certificate indicating course completion when requested. b. This representative is responsible for training and assuring that all flaggers are qualified to perform flagging duties. A qualified flagger must be independently certified by 1 of the organizations listed above or trained by the Contractor's certified flagging instructor. Flaggers must be courteous and able to effectively communicate with the public. When directing traffic, flaggers must use standard attire, flags, signs, and signals and follow the flagging procedures set forth in the TMLJTCD. Provide and maintain flaggers at such points and for such periods of time as may be required to provide for the safety and convenience of public travel and Contractor's personnel, and as shown on the Drawings or as d'uected by the Engineer. a. These flaggers shall be located at each end of the lane closure. 17 L. Removal 18 1. Upon completion of Work, remove from the Site all barricades, signs, cones, lights 19 and other Traffic Control Devices used for work-zone traffic handling in a timely 20 manner, unless otherwise shown on the Drawings. 21 3.4 REPAIR / RESTORATION [NOT USED] 22 3.5 RE-INSTALLATION [NOT USED] 23 3.6 FIELD (oR] SITE QUALITY CONTROL [NOT USED] 24 3.7 SYSTEM STARTUP [NOT USED] 25 3.8 ADJUSTING [NOT USED] 26 3.9 CLEANING [NOT USED] 27 28 29 30 31 t3►� 3.10 CLOSEOUT ACTIVITIES [NOT USED] 3.11 PROTECTION [NOT USED] 3.12 MAINTENANCE [NOT USED] 3.13 ATTACHIVIENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CI-�ANGE CITY OF FORT WORTH BRIDGE REHABILITATION (2014-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOl-539590-0202003 Revised July 1, 2011 34 71 13 - 6 TRAFFIC CONTROL Page 6 of 6 1 CIT`Y OF FORT WORTH BRIDGE REFiABII.TI'ATION (2014-25) STANDARD CONSTRUCTTON SPECIFICAT'ION DOCUMENTS GGOl-539590-0202003 Revised July 1, 2011 ATTACHMENTIA Page 1 of 4 FU1:T W,�---H city of Fort wortn MBE Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime C F� 'S� �t -1 So c� c` '�� r c PROJECT NAME: M/W/DBE NON-Ntl/WDBE BID DATE 3�«� � R� �� �- i���� ����,.��o � � � � -- � � -. < <� OQ'i` -�e �A �oc�� �F� �tS Cit�s MBE Project Goal: Prime's MBE Project Commitment: PROJECT NUMBER n! % % GGo��� �Qs��o --o�n-- mm Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the MBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications MBEs listed toward meeting the project goal must be located in the six (6) county marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Dallas, Denton, Johnson, Parker, and Wise counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 15t tier, a payment by a subcontractor to its supplier is considered 2�d tier ALL MBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certi�cation means those firms, located within the Marketplace, that have been determined to be a bondafide minority business enterprise by the North Central Texas Regional Certification Agency (NCTRCA) or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth. If hauling services are utilized, the prime will be given credit as long as the MBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The MBE may lease trucks from another MBE firm, including MBE owner-operators, and receive full MBE credit. The MBE may lease trucks from non-MBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the MBE as outlined in the lease agreement. Rev. 5/30/12 FORTWO�TH ATTACHMENT 1A '�'� Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. Please list MBE firm's first, use additional sheets if necessary. If a subcontractodsupplier is identified as an SBE, please attach a copy of the firms SBE certification if they have not previously registered with the City's M/WBE Office which may be contacted for verification. Please note that onl certified MBEs will be counted to meet an MBE oal. Attach N NCTRCA Certificate � SUBCONTRACTORISUPPLIER T Detail Detail Company Name i Subcontracting Supplies Dollar Amount Address e M W S M Work Purchased TelephonelFax r B B B B E E E E � � � � � � �� � � � � � Rev. 5/30/12 '• , FO�T WORTH "'__� City of Fort Worth Prime Contractor Waiver Form ATTACHMENT1B Page 1 of 1 PRIME COMPANY NAME: Check applicable block to describe prime M/W/DBE NON-M//VYDBE PROJECT NAME: BID DATE Cit�s MBE Project Goal: Prime's MBE Project Commitment: PROJECT NUMBER % % If both answers to this form are YES, do not complete ATTACHMENT 1C (Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if 1�Yh answers are yes. Failure to complete this form in its entirety and be received by the Manaainq Department on or before 5:00 p.m. five (5) Citv business days after bid openinq, exclusive of the bid opening date, will result in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this NO project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) on this contract, the payment therefore and any proposed changes to the original MBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature Title Company Name Address City/State/Zip Printed Signature Contact Name (if different� Phone Number Fax Number Email Address Date Rev. 5130/12 Ci ATTACHMENT 1C Page 2 of 3 2.) Obtain a current (not more than two (2) months old from the bid open date) list of MBE subcontractors and/or suppliers from the City's M/WBE Office or the City's website. Yes Date of Listing No 3.) Did you solicit bids from MBE firms, within the subcontracting andlor supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? ❑ Yes (If yes, attach MBE mail listing to include name of firm and address and a dated copy of letter mailed.) �No 4.) Did you solicit bids from MBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? �_Yes (If yes, attach list to include name of MBE firm, ea rson contacted, phone number and date and time of contact.) �_N o 5.) Did you solicit bids from MBE firms, within the subcontracting andlor supplier areas previously listed, at least ten calendar days prior to bid opening by facsimile (fax), exclusive of the day the bids are opened? _�Yes (If yes, attach list to include name of MBE firm, fa�c number and date and time of contact. In addition, if the fax is returned as undeliverable, then that "undeliverable confirmation" received must be printed directly from the facsimile for proper documentation. Failure to submit conFrmation and/or "undeliverable confirmation" documentation may render the GFE non-responsive.) _� No 6.) Did you solicit bids from MBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by email, exclusive of the day the bids are opened? �Yes (If yes, attach email confirmation to include name of MBE £rm, date and time. In addition, if an email is returned as undeliverable, then that "undelivereble message" receipt must be printed directly from the email system for proper documentation. Failure to submit confirmation andlor "undeliverable message" documentation may render the GFE non- responsive.) _�No NOTE: The four methods identified above are acceptable for soliciting bids, and each selected method must be applied to the applicable contract. The Offeror must document that either at least two attempts were made using two of the four methods or that at least one successful contact was made using one of the four methods in order to be deemed responsive to the Good Faith Effort requirement. NOTE: The Offeror must contact the entire MBE list specific to each subcontracting and supplier opportunity to be in compliance with questions 3 through 6. 7.) Did you provide plans and specifications to potential MBEs? _�Yes �_N o 8.) Did you provide the information regarding the location of plans and specifications in order to assist the MBEs? �Yes �_N o Rev. 5130112 ATTACHMENT 1C Page 4 of 3 contract and may result in a determination of an irresponsible offeror and debarment from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the MBE(s) listed was/were contacted in good faith. It is understood that any MBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. Authorized Signature Printed Signature Title Company Name Address CitylStatelZip Contact Name and Title (if different) Phone Number Fax Number Email Address Date Rev. 5130/12 i' Joint Venture Page 2 of 3 3. What is the percentage of MBE participation on this joint venture that you wish to be counted toward meeting the project goal? 4. Attach a copy of the joint venture agreement. 5. List components of ownership of joint venture: (Do not complete if this information is described in joint venture agreen:ent) Profit and loss sharing: Capital contributions, including equipment: Other applicable ownership interests: 6. Identify by name, race, sex and �rm those individuals (with titles) who are responsible for the day-to-day management and decision making of the joint venture: Financial decisions (to include Account Payable and Receivable): Management decisions: a. Estimating b. Marketing and Sales c. Hiring and Firing of management personnel d. Purchasing of major equipment and/or supplies Supervision of field operations The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the MBE percentage applied toward the goal for the project listed on this form. NOTE: From and after the date of project award, if any of the participants, the individually defined scopes of work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's M/WBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the City's BDE Ordinance. Rev. 5/30/12 ATTACHMENT1A Page 1 of 4 FORT WORTH City of Fort Worth MBE Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime �bsa� � Asso�jc�s�-s Snc. PROJECT NAME: MNY/DBE � NON-M/NVDBE I BID DATE �f': A.. �e �� f Gt�(� Qe�a,� i i i tc�- i a-, a� �eac1-«n L..oc.0.� I unS 6-12 P 1�l City's BE Project Goal: Prime's MBE Project Commitment: PROJECT NUMBER � % g.23 % zo�y-z s Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the MBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications MBEs listed toward meeting the project goal must be located in the six (6) county marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Dallas, Denton, Johnson, Parker, and Wise counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1S` tier, a payment by a subcontractor to its supplier is considered 2"d tier ALL MBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located within the Marketplace, that have been determined to be a bondafide minority business enterprise by the North Central Texas Regional Certification Agency (NCTRCA) or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth. If hauling services are utilized, the prime will be given credit as long as the MBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The MBE may lease trucks from another MBE firm, including MBE owner-operators, and receive full MBE credit. The MBE may lease trucks from non-MBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the MBE as outlined in the lease agreement. �� Rev. 5/30/12 FORTWORTH ATTACHMENT 1A � Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. MBE firms are to be listed first, use additional sheets if necessary. If a subcontractor/supplier is identified as an SBE, please attach a copy of the firm's SBE certification if they have not previously registered with the City's M/WBE Office, which may be contacted for verification. Please note that onl certified MBEs will be counted to meet an MBE oal. Attach N NCTRCA Certificate � SUBCONTRACTOR/SUPPLIER T � Detail Detail Company Name i Subcontracting Supplies Address e M w S M Work Purchased Dollar Amount TelephonelFax � B B B B E E E E L-n�;�on�Nai Suf� SE.�c. 12:� �s� �� SyO,i I sQ��:�.�, r�. ;�sr�i�.,►.:o� 2� Sz F M W o�- s4e• 2 35 �❑ ❑ ��,-,v:ij�,'fx �6zz6 q40- yss- 2�Go �:�Man Enkr7r.scS �►'�d'c, (Za;l ��q��j}q,i 6�-3� �-;dyc.. S�, S�-c. �N x'nshe.11a�-,on �ec� �1� � � �6 II'�- �� ❑ ❑ `dl'�-Z$a-6�1G 81�- � aza• 3°�+ Fw� ��oW Yc,�.,,,n R��; -��X RCa�i�y f�lij< � 1'L�86�.�-� / � 4l1GfC�-e. GD �f�Fc. P.c�, Q� i623z�- /, ❑ ❑ �ort- �arN-, , T`/ � 6 I 61 ��i-�eX r;,��. ��y,zn� �a,�«,� e;r� � . 3�, �z���� q�y3 ��K� �. /.�cccssor;e.5 �Gl�as� '�� 0 ❑ �1_1�- 3so- SSf�C, 1�1� � �1� and To�� Nuks � �l�-5 � ��0 � k . �'� 3633 W. �dc.r Q�• ��drlwrcl � TX � SQ �i 1 ❑ ❑ ❑ 2�y-3�1� � S16Z- �usrrol � 'rnc . /�5'�.lt- j'��1}��y � � O�doo.°% J 2go1 Hwy 1`�I �orr �lor�� � "(% `�''�2�,i. ❑ ❑ �, Rev. 5/30/12 FnKy�wUk1H ATTACHMENT 1A "'_� Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. Please list MBE firm's first, use additional sheets if necessary. If a subcontractor/supplier is identified as an SBE, please attach a copy of the firms SBE certification if they have not previously registered with the City's M/WBE Office which may be contacted for verification. Please note that onl certified MBEs will be counted to meet an MBE oal. Attach N NCTRCA Certificate n SUBCONTRACTOR/SUPPLIER T Detail Detail Company Name i Subcontracting Supplies Dollar Amount Address e M W S M Work Purchased TelephonelFax � B B B B E E E E �j,0. � . CAnShMcT�an � 'L,c�c.. GICur�sc.41 � 7�-� 43 �. SC� qy �- Q P�,��►� tJ EX ; sH ^5 70', �v�s �'�, pct,c.�_, �T�x �' So50 � ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Rev. 5/30/12 r� FoR� H ATTACHMENT1A Page 4 of 4 Total Dollar Amount of MBE Subcontractors/Suppliers $ � C� 3 t c� �'S- �� l � Total Dollar Amount of Non-MBE Subcontractors/Suppliers $ /���;� ��� b TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ � 3S, 6�Z� 3� The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office through the submittal of a Request for Approval o Change/Addition form. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed MBE goal. If the detail exptanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and any special arrangements with MBEs. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers participating on the contract that will substantiate the actual work perFormed by the MBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of the contract and may result in a determination of an irresponsible Offeror and debarment from participating in City work for a period of time not less than one (1) year. �� Authorized Signature ;ce P�s�den�- Title �►bco� � Assa�:w-��� Z:�., Company Name p. o. C� �r 8cx�s �� Address �C1-, S Z r► n�, s,'� � s I g� City/State/Zip I %'�-�'��' �- i %%f,��,�;� Printed Signature �Q� �„J�+YeJS p 1 rO�C-c.Y �ou�� rW,l'aT Contact Name/Title (if different) ��-2-Ss�--I 1 q�1 Telephone and/or Fax � ar�. W� c�ibs�ona ssoc . h�_i� E-mail Address Date 6/���►� Rev. 5/30/12 r� b0E PROJECT BID NUMBER FO RT W� RT H (Please check one) MinoritylWomen Business Enterprise Office LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOWSUBCONSULTANT [NOTE: Pursuant to the City of Fort Worlh MIWBE Ordinance, MNVBE firms participating in the program musl have current certification status with the City of Fort Worth prior to award of a contract where they are counted towards subcontracting participafion, If the City of Fort Worth determines fhat a firm is not an eligible MIWB� firm for City of Fort Worlh subcontracts, that firm should immediately submit a completed certification application to the North Central Texas Regional Certification Agency (NCTRCA), 624 Six Flags Drive, Suite 216, Arlington, TX 76011.] 1. Name of Project Bridge Repair and Rehabilitation at Fourteen L.ocations 2. Name of offeror/prime contractor Gibsorl & AssoClates, Inc, 3, The undersigned is prepared to perform the following described work and/or supply the material lisfed in connection with the above project (where applicable specify "supply" or "install" or both): " Rip Rap/ Soil Stabilization af the price of $ 6,sao Environmental Safe� Services Inc, 06/16l2014 (Name of MIWBE Firm) (Date) J�'`� � %�r�sd, � ""�- Circle one (OwnedAulh ed Agent of M firm) Type or Print Name (Signature Owner or Authorized Agent oi MNVBE flrm) 940-455-2660 (Phone Number) AFFIDAVIT OF PRIME CONTRACTOR quo- yss-2�3 (Fax Number) ..... ...... .. ...:.I HEREBY DECLARE AND AFFIRM that I, William_J. Gibson am the duly aulhorfzed representative of Circle one (OwnerlAuthorized Agent) Gibson & Associates, Inc. and that I have personally reviewed the material and Name of Prlme Contractor facts set forlh in ihis Letier of Intenl to Perform, To the best of my knowledge, informalion and belief, the facts in ihfs form are lrue, and no material facfs have been omffled. Pursuant to the City of Fort Worih M/WBE Ordinance, any person [enfity] who makes a false or fraudulent statement In connection with participation of a MM1BE in any City of Fort Worlh contract may be referred for debarment procedures under the Cily of Fort Worth M/WBE Ordinance, I do solemnly swear or affirm that the signatures contained herein and the information provided' by Ihe Prime Contractor are true and correct, and that I an authorized on behalf of the Prime Contractor to make lhe affidavit, William J. Gibson, President Circle One (Ownerl Authorized Agent) Typ o�me lv (Slgnature of Owner or Autho az d Agent) 972-557-1199 (Phone Number) Gibson & Associates, Inc. (Name of Prime ConUactor�Print or Type) 6/�����{ (Date�� 972-557-1552 (Fax Number) OS/19/03 From:Cowtown Ready Mix FO �'�' �O RT �-Y �---.o DOE 06/17/2014 05:30 PROJECT BID N (please chi:ck one) Minority/Women Business Enterprise Office LETTER OF iNT�NT TO pERFORM AS A SUBCONTRACTORISUI3CONSULT [NOTE; Pur�uant to the City of Forf Worth M/WBE Ordinance, M/WBE firms pa�icipating in the program mu:�t have current the City of F�rt Worth prior to award of a contract where they are counted towards subcontraciing participation, If the Cily of that a firm is not an eligible M/WBE Frm tor Cfty of Fort Wort6 subcontracts, that firm should Immediately subniit a completed to the Narth �eniral Texas Regianal Ge�tficatfon Agency (NC7RCA), 624 Six Flags Drive, Suite 21fi, ArlingEon TX 76011,] 1. Name of Projact Bridae Repair and Rehabilitation at Fourteen Locations� 2. Name of offerodpnme #865 P.001/001 ication status wil� Worth determines icatinn application i 3. 7he undersigned is prepared to perForm the foilawing desoribed work and/or supply ihe material listed in connectibn with the above prajeet (where applicable speciEy "supply" or "install" or both): ! I _ � _,_, ReadY Mix Co�Crete at fhe price of $12,soo f (Nama of MIWBE Flrm) �/,c�i c /-� Circle onc (o or/Autho ' ;4 eM ot MIWBE firm) 7ype or Print Name 817-454-2371 (Phona Num6er) /�FFIDAVIT OF PRIME CONTRACTOR , ` � (Signatura af Qwnar or Abtliorized Agent of MM18E firm) �/'7 — �f Sr� r` /�/So , (Faz Numbar) � � I HI:REBY DECLAR� AND AFFIRM that I, William J, Gibson am Ihe duly authorized representative of , Circle one (ownerlAulhorized Agent) _ C,Ibsqn,� Associales. Inc. and that I have ps�so� ially reviewed fhe aterial and Name of Prime Conlractor � facis set fnrth in this Letter of Intent ta Perform. Ta the best of my knowledge, informatian and bel(ef, the 1,acts in this farm a�e true, and no ma�erlal facts have been omittad. Pursuant to the City of Fort Worth M/WBE Ordinance, any persoh [entifyJ who makes a false or f�au�ulent statement in connection with participatlon of a M/WeE in any City af Fo�i Worth contract may be referred for debarment prc�csdures undet e City of Foft Worth MIWBE Ordi�e�oa. I d� solemnly swear ar affirm that the signatures contained herein and the infarmation provided hy the Prime Gontr�ctor are true and correct, and that � an authorized on behalf of the Prime Contractor to make the affidavit, , William J. Gibson, President Circie One (Ownerl Authori�ed Agent) Typ f p�nt Name ��-� _, (Signature of Owner or Author ed Agent) 972•557-1199 (Phane Number) (Name �f Prlme Contractai-Print orType) 6 I`� �`� (Date) (Faz Numher) osyxgros 8177591716 �� r� b� DOE PROJECT BID NUMBER FO RT WO RT H (Please check one) ---. Minority/Women Business Enterprise Office LETTER OF INTENT TO PERFORM AS A SUBCONTRACTORISUBCONSULTANT [NOTE: Pursuant to the City of Fort Worth M1WBE Ordinance, MIWBE firms participating in the program must have current certification status with the City of Fort Worih prior to award of a contract where khey are counted towards subcontracting participation. If the City of Fort Worth determines that a firm is not an eligible MIWBE firm for City of Fort Worth subcontracts, that firm should immediately submit a compietetl certification application to the North Central Texas Regional Certification Agency (NCTRCA), 624 Six Flags Drive, Suite 216, Ariington, TX 76011.) 1. Name of Project Bridge Repair and Rehabilitation at Fourteen Locations 2. Name of offerodprime contractor GibSon & ASSOCiateS, IIIC, 3. The undersigned is prepared to perform the following described work and/or supply the material listed in connection with the above project (where applicable specify "supply" or "install" or both): Misc, Steel Fabrication and Instailation at the price of $ 49,979 (Name of MNVBE Firm) �-�� ���� t� <<i L- C� r� -�1 Circle one (OwnerlA thorized Agent of MIWBE firm) Type or Print Name 817-288-6116 (Phone Number) AFFIDAVIT OF PRIME CONTRACTOR (Date) ` � ,-�' � - ,� �_ Sigirature of Ow r or 817-928-3044 (Fax Number) of MlWBE I HEREBY DECLARE AND AFFIRM that I, William J, Gibson am the duly authorized representative of Circle one (OwnerlAuthorized Agent) Gibson & Associates, Inc. and that I have personaliy reviewed the material and Name of Prime Contractor facts set forth in ihis Letter of Intent to Perform. To the best of my knowledge, information and belief, ihe facts in this form are true, and no material facts have been omitted. Pursuant to the City of Fort Worth M/WBE Ordinance, any person [entity] who makes a false or fraudulent statement in connection with participation of a M/WBE in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth M/WBE Ordinance. I do solemnly swear or affirm that the signatures contained herein and the information provided by the Prime Contractor are true and correct, and that I an authorized on behalf of the Prime Contractor to make the affidavit. William J. Gibson, President Circle One (Owner! Authorized Agent) Type r Print Name C�,-.�---, �..� (Signature of Owner or Autho z d Agent) 972-557-1199 (Phone Number) Gibson & Associates, Inc. (Name of Prime Contractor-Print or Type) %�� ��� Li (Date) 972-557-1552 (Fax Number) I �—,i u— i 4 ia i:1 : i OS/19/03 �� City of Fort Wor�h, 7`exas M�yar and Caunc�l Camr�nunication COUNGlL ACT!(7N: Approved vn 7/8/2008 �� QATE: Tuesday, July 08, 2�Q8 LOG NANIE: 30WAGE RATES REFERENCE NQ.: �*G-1619U SUBJECT: Rdopt 2008 Prevailing Wage Rafes for Gify-Awarded PublFc-Works Projects - — ��.� - ��x� � — � RECQMMENDATtON: It is recommended that the City Council aciopt the attached 2d08 Prevailing Wage Rates for City-awarded public works projects. DiS�USS1t3N: Texas Government Code Chapter 2258 requires that a public body awarding a contract far public works �haiV determine the general prevaifing rate of per diem wages for each craft or type of worker needed to execute the contraet, and shall specify in the bid documents and in the contract the prevaiiing wage rates 9n that locaiity. Each year The Quain Chapter of the Associated General Cantractors, in conjunction wi#h the Assvciation of Buiiders and Gantractars (ABC} and ihe American Sub-Cont�actors Association (ASA), conducts a wage rate survey for Narth Texas construction. The attached 2008 Frevailing Wage Rate data was compiled from #hat survey. FISCAL ENFORMAT{ON/CERTE�'ICATtON: The Finance Director certifes that this actian will have no material effect on City funds. 'f0 FunctiAccauntlGenters FROM �undlAccountlCenters Submitted for Ci Mana er's OffiCe b� Oripinating De arp tment Mead: Fernando Costa (8476) A. Douglas f2ademaker (6157) Additionai tnformatian Contaci: Eric Bundy (7598} HEA'VY & HIGHV�'A�' C�NSTRUCTION PREVAILING WAGE RATES 200& Air Tool Oaerator Asphalt Paving Machine Operator Asphalt Raker Asphalt Shoveler Batching Plant ��eighe�� Broom or Sweeper Operator Butldozer Operator Cat-�enter Conerete Finisher, T'aving Concrete Finisher, Structures Concreke Paving Curbing Machine ( Concrete E'aving Finishing Machine Concrete Paving Jo9nt Sealer Opera' Concrete pavin� Saw Operator Cancrete Paving Spreader Operator Goncrete Rubber Shovel Form Builder/Setter, Structures Form Setter, Paving & Curb �'oundation Drill Operator, Crawler Mounted Foundation Drill Operator, Truck Monnted Front End Loader Operator Labarer, Common Laborer, Utility ___ Milling Machine Operator, Fine Grade Mixer Operator Motor Grader Oq�rator, Fine Grade Motor Grader Operator, Rough Oiler Painter, Structures Pavement Marking Machine Operator i'ipelayer Reinforcing Steel Setter, Paving Reinforcing 5tez1 Setter, Structure Raller Operator, Pneumatic, Self-Propelled Roller Operator, Steel Wheel, Flat Wheel/Tamping Roller Operator, Steel Wheel, Plant Mix Pavement Scraper Operator Servicer Slip T'orm Machine OperaCor Spreader Box Operator Tracior Operator, Crawler Type Tractor Operator, Pneumatic Traveling Mixer Operator Truck Driver, Lowboy-Ploat Truck Driver, Single Axle, Heavy Truck Driver, Single Axle, I.ight Truck Driver, Tandem Axle, Semi-Trailer Truck Driver, Tt��nsit-Mix Wagon Drill, �orin� Machine, Post Hole Driller C Welder Work Zone Barricade Servicer . � 10,06 $13.99 $12.78 $l 1.01 $ 8.84 $14.15 $ 9,88 $13,22 $]2.50 $12.85 $13.27 �12A0 $13,63 $12.50 $13.56 $14,50 ' $10.61 $14.12 �18.12 � 8.43 $11.63 $I1,83 $13.67 $16.3� $12.62 $ 9.18 $10,65 $1 G.97 $1 I.83 $1 ].58 $15.20 $1 �.50 $14.98 $13.17 $10.a4 $11.04 $14.86 $16.29 $11,07 $10.92 $11.28 $11.42 $12,32 $12.33 $10.92 $12,60 $12.91 $12.03 $14.93 $11.47 $10.9T $11.75 ' $12.08 $1 �1.00 $13.57 $10.09 2013 PREVAILING WAGE RATES (Heavy and Highway Construction Projects) CLASSIFICATION DESCRIPTION Asphalt Distributor Operator Asphalt Paving Machine Operator Asphalt Raker Broom or Sweeper Operator Concrete Finisher, Paving and Structures Concrete Pavement Finishing Machine Operator Concrete Saw Operator Crane Operator, Hydraulic 80 tons or less Crane Operator, Lattice Boom 80 Tons or Less Crane Operator, Lattice Boom Over 80 Tons Crawler Tractor Operator Electrician Excavator Operator, 50,000 pounds or less Excavator Operator, Over 50,000 pounds Flagger Form Builder/Setter, Structures Form Setter, Paving & Curb Foundation Drill Operator, Crawler Mounted Foundation Drill Operator, Truck Mounted Front End Loader Operator, 3 CY or Less Front End Loader Operator, Over 3 CY Laborer, Common Laborer, Utility Loader/Backhoe Operator Mechanic Milling Machine Operator Motor Grader Operator, Fine Grade Motor Grader Operator, Rough Off Road Hauler Pavement Marking Machine Operator Pipelayer Reclaimer/Pulverizer Operator Reinforcing Steel Worker Roller Operator, Asphalt Roller Operator, Other Scraper Operator Servicer Small Slipform Machine Operator Spreader Box Operator Truck Driver Lowboy-Float Truck Driver Transit-Mix Truck Driver, Single Axle Truck Driver, Single or Tandem Axle Dump Truck Truck Driver, Tandem Axle Tractor with Semi Trailer Welder Work Zone Barricade Servicer Wage Rate $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 15.32 13.99 12.69 11.74 14,12 16,05 14.48 18,12 17,27 20,52 14,07 19.80 17.19 16.99 10.06 13.84 13.16 17.99 21.07 13.69 14.72 10.72 12.32 15.18 17.68 14.32 17.19 16.02 12.25 13,63 13.24 11.01 16.18 13.08 11.51 12.96 14.58 15.96 14.73 16.24 14,14 12.31 12.62 12.86 14.84 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 1ob Classifications and Descriptions for Highway, Heavy, Utilities, and Industrial Construction in Texas. Page 1 of 1 1 i� l_l _, � AC Mechanic AC Mechanic Hetper AcoustiCal Ceiling Mech Rricklayer/Stone M�ason BricktaVer/Stone Mason Concrete Finisher Concrete Form Bu Etectrician (Journeym Electrician Hetper Etectronic Technician Etectronic Technician Ftaor Layer (Resilient Floar Layer Helper Glazier Glazier Hel�er Insutator fnsulator Helper Laborer Common Laborer Skilted Lather Painter Painter Helper Plasterer Plasterer 2008 PREVAILING WAGG RATES CONSTRUCTIONINDUSTRY >21.69 Ptumber �12.00 Plumber Helper $15.24 Reinfmcin� Steet Setter $99.12 Roofer $70.1Q Roofer Helper $9 6.23 5heet Metal Warker $11.91 Sheet Metal Worker HetpE $13.44 Sprinkler System Instatler 513.12 5 rinkEer System Instatter $14.62 5teet Worker Structural $10.91 Concreke Pump Crane, Ctamsheel, Backhc $93.Q0 Shovel $9.04 Forklift $ZR.20 �'ront End Loader $44,43 Truck briver $19.86 Wetder $92.00 Welder Helper $20.00 � 13.00 $18. 0 $13.00 $i4.78 $11.25 $10.27 \ $13.18 � � $16.10 8.85 2.83 7.25 2.25 $20.43 57 4, 90 $10.OU $14.06 $10.00 $16.4b $12.31 $18,00 59.00 $17.43 $20.56 $17,76 $12.63 $10,5d $14.91 $16.06