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Contract 43170
CrrY3merar►��1� corrtRacr NO. FORT WORTH PROJECT MANUAL FOR THE CONSTRUCTION OF TNd COPY Fft CON PAM COMPACM" 90MM CO. ✓ WYSWWAW CM ■AMAGf n OF a soon" oft ww. fu COPY HMAC HOT -IN -PLACE RECYCLING / HMAC SURFACE OVERLAY (2012-2) City Project No. 01864 Betsy Price Mayor Tom Higgins City Manager Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared by The City of Fort Worth 2012 OFFICIAL RECORD CITY SECRETARY FT. WORTH, T 05-03-12 P02:53 IN M&C Review Page I cif' Official site of the City of Fort Worth, Texas Crry COUNCIL AGENDA FoRTWorm COUNCIL ACTION: Approved on 4/17/2012 DATE: 4/17/2012 REFERENCE C-25566 LOG NAME: 20HMAC HOT -IN -PLACE NO.: RECYCLING 2012-2 CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of a Contract with Cutler Repaving, Inc., in the Amount of $1,110,038.90 for Hot Mix Asphaltic Concrete Hat -In -Place Recycling at Various Locations in and Near the Woodhaven Neighborhood (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Cutler Repaving, Inc., in the amount of $1,110,038.90 for Hot Mix Asphaltic Concrete Hot -In -Place Recycling 2012-2 at various locations in and near the Woodhaven neighborhood as listed on the attachment provided. DISCUSSION: This project is a part of the Contract Major Maintenance Program which provides for the rehabilitation of deteriorated asphalt streets. Various pavement repair techniques are utilized depending upon the level of pavement deterioration. This Contract will provide for asphalt overlay utilizing Hot -In -Place Recycling on five street segments. Funding for this contract is included in the Contract Street Maintenance Fund. The project was advertised for bid in the Fort Worth Star-Telearam on January 26, 2012 and February 2, 2012. On February 23, 2012, the following bids were received: Bidder Amount Cutler Repaving, Inc. $1,110,038.90 Peachtree Construction, Ltd. $1,335,595.20 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. Cutler Repaving, Inc., is in compliance with the City's M/WBE Ordinance by committing to 28 percent MNVBE participation. The City's goal on this project is 17 percent. These projects are located in COUNCIL DISTRICT 4. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Contract Street Maintenance Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C293 541200 204620186483 $1.110.038.90 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=16669&councildate=4/17/2012 4/19/2012 M&C Review Page: 21 of .2, Submitted for Citv Manaaer's Office bv: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS 20HMAC 2012-2 MAP PAGE 1.odf Un Wn ow Fernando Costa (6122) Douglas W. Wiersig (7801) Kristian Sugrim (8902) an http://apps.cfwnet.org/council.packet/mc review.asp?ID=16669&councildate=4/17/2012 4/19/2012 FORTWORTH PROJECT MANUAL FOR THE CONSTRUCTION OF HMAC HOT -IN -PLACE RECYCLING / HMAC SURFACE OVERLAY (2012-2) City Project No. 01864 Betsy Price Tom Higgins Mayor City Manager Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared by The City of Fort Worth 2012 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 00 00 00 -1 TABLE OF CONTENTS Page I of 2 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions 0005 10 Mayor and Council Communication 0005 15 Addenda 00 11 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 0043 37 Vendor Compliance to State Law Nonresident Bidder 0045 11 Bidders Prequalifications 0045 12 Prequalification Statement 0045 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers' Compensation Law 00 45 39 Minority and Women Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 0061 25 Certificate of Insurance 00 72 00 General Conditions 007300 Supplementary Conditions Division 01 - General Requirements 01 11 00 Summary of Work 01 31 19 Preconstruction Meeting 01 3120 Project Meetings 01 32 16 Construction Progress Schedule 01 32 33 Preconstruction Video 01 4523 Testing and Inspection Services 01 5000 Temporary Facilities and Controls 01 5526 Street Use Permit and Modifications to Traffic Control 01 58 13 Temporary Project Signage 01 60 00 Product Requirements 01 7423 Cleaning 01 77 19 Closeout Requirements 01 7839 Project Record Documents Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: htvs://vroiectvoint.buzzsaw.com/cl ient/fortworthizov/Resources/02%20- %20Construction%2ODocuments/Specifications CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 9, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 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 000000-2 TABLE OF CONTENTS Page 2 of 2 Division 02 - Existing Conditions 0241 14 Utility Removal/Abandonment 0241 15 Paving Removal Division 03 - Concrete 03 34 13 Controlled Low Strength Material (CLSM) 0334 16 Concrete Base Material for Trench Repair 03 8000 Modifications to Existing Concrete Structures Division 31 - Earthwork 3123 16 Unclassified Excavation 3123 23 Borrow 31 24 00 Embankments 31 25 00 Erosion and Sediment Control Division 32 - Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 3201 18 Temporary Asphalt Paving Repair 32 1123 Flexible Base Courses 3212 16 Asphalt Paving 32 1273 Asphalt Paving Crack Sealants 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 16 13 Concrete Curb and Gutters and Valley Gutters 32 1723 Pavement Markings 3291 19 Topsoil Placement and Finishing of Parkways 3292 13 Hydro -Mulching, Seeding, and Sodding Division 33 - Utilities 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 33 05 26 Utility Markers/Locators Division 34 - Transportation 34 4134 71 13 Traffic Control Appendix GC-4.02 Subsurface and Physical Conditions GC-4.06 Hazardous Environmental Condition at Site GC-6.06.1) Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination GR-01 60 00 Product Requirements 48 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 9, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 -W wa MR i aw AM i WL M • • 0.- R 0005 10 - 1 MAYOR AND COUNCIL COMMUNICATION (M&C) Page 1 of 1 1 SECTION 00 05 10 2 MAYOR AND COUNCIL COMMUNICATION (M&C) 3 4 5 6 [Assembler: For Contract Document execution, remove this page and replace with the approved 7 M&C for the award of the project. M&C insert shall be on blue paper.] 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 Pft . =J - 6 0005 15 - 1 ADDENDA Page 1 of 1 1 SECTION 00 05 15 2 ADDENDA 3 4 5 6 [Assembler: For Contract Document execution, remove this page and replace with any addenda 7 issued during bidding.] 8 9 10 w 11 12 13 14 15 16 17 w 18 19 20 21 22 23 Ok 24 END OF SECTION i W* CITY OF FORT WORTH HMAC HIR SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1, 2011 00 11 13-1 INVITATION TO BIDDERS Pagel of 2 1 SECTION 00 1113 "* 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS dM 5 Sealed bids for the construction of HMAC HOT -IN -PLACE RECYCLING / HMAC SURFACE 6 OVERLAY (2012-2), 01864 will be received by the City of Fort Worth Purchasing Office: 7 8 City of Fort Worth 9 Purchasing Division 10 1000 Throckmorton Street 11 Fort Worth, Texas 76102 12 until 1:30 P.M. CST, Thursday, February 23, 2012, and bids will be opened publicly and read 13 aloud at 2:00 PM CST in the Council Chambers. 14 15 GENERAL DESCRIPTION OF WORK 16 The major work will consist of the (approximate) following: r 17 ,Option #: 1 - Hot -In -Place Recycling Option #: 2 — HMAC Surface Overlay I32,800 S.Y. Wedge Milling, I- Inch to 0-Inch Deep, 32,800 S.Y. Wedge Milling, 2- Inch to 0-Inch Deep, 5 Ft. Wide 5 Ft. Wide I85,200 S.Y. I -Inch Surface Course Type "D" Mix 85,200 S.Y. 2-Inch Surface Course Type "D" Mix I85,200 S.Y. 1-Inch HMAC Hot In -Place Recycling 537 GAL Crack Sealing of Existing Pavement I6,020 L.F. Remove and Replace Existing Curb & 6,020 L.F. Remove and Replace Existing Curb & Gutters Gutters I4,950 S.F. Remove and Replace 6" Concrete 4,950 S. F. Remove and Replace 6" Concrete Driveway Driveway 18 19 PREQUALIFICATION 20 The improvements included in this project must be performed by a contractor who is pre- 21 qualified by the City at the time of bid opening. The procedures for qualification and pre- 22 qualification are outlined in the Section 00 21 13 — INSTRUCTIONS TO BIDDERS. 23 24 DOCUMENT EXAMINATION AND PROCUREMENTS 25 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City t 26 of Fort Worth's Purchasing Division website at httD://www.fortwortheov.org/DurchasinL-/ and 27 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 28 Contract Documents may be downloaded, viewed, and printed by interested contractors and/or 29 suppliers. 30 31 Copies of the Bidding and Contract Documents may be purchased from Pamela Forehand, 817- 32 392-7913, City of Fort Worth, Transportation and Public Works, 1000 Throckmorton St, Fort ' 33 Worth, TX 76102. 34 35 The cost of Bidding and Contract Documents is: $30.00 36 37 PREBID CONFERENCE '' CITY OF FORT WORTH HMAC HIR / HMAC SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1, 2011 oft 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 0011 13-2 INVITATION TO BIDDERS Page 2 of 2 A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following location, date, and time: DATE: Tuesday, February 14, 2012 TIME: 9:30 A.M. PLACE: Transportation & Public Works, 1000 Throckmorton St., Room #: 289 Fort Worth, Texas 76102 LOCATION: Municipal Building, 2"d Floor CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject bids. For this contract, prospective bidders may choose either or both options; however, only one option will be awarded. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Kristian Sugrim, City of Fort Worth Email: Kristian.Sugrim@fortworthtexas.gov Phone: 817-392-8902 ADVERTISEMENT DATES January 26, 2012 February 2, 2012 24 END OF SECTION CITY OF FORT WORTH HMAC HIR / HMAC SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1, 2011 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 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS 1. Defined Terms 0021 13 - 1 INSTRUCTIONS TO BIDDERS Page 1 of 9 1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. 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. 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. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 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. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3. 1, All Bidders and their subcontractors are required to be prequalified for the work types requiring prequalification at the time of bidding. Bids received from contractors who are not prequalified (even if inadvertently opened) shall not be considered. 3.2.Each Bidder unless currently prequalified, must be prepared to submit to City within seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 3.2.1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. CITY OF FORT WORTH HMAC HIR / HMAC SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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 002113-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 3.3. The City reserves the right to require any pre -qualified contractor who is the apparent low bidder(s) for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule, to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information, if requested, may be grounds for rejecting the apparent low bidder as non -responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3A.In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. 3.5. Special qualifications required for this project include the following: None 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder shall: 4.1.1. Examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 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 structures at the Site (except Underground Facilities) that have been identified 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 identified 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 HMAC HIR / HMAC SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1, 2011 0021 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 knowledge 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 examinations, 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 7 conditions upon completion of such explorations, investigations, tests and studies. 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 17 encountered in construction and as indicated in the Contract Documents will not be 18 allowed. IM 20 4.1.8. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 21 between the Contract Documents and such other related documents. The Contractor 22 shall not take advantage of any gross error or omission in the Contract Documents, 23 and the City shall be permitted to make such corrections or interpretations as may 24 be deemed necessary for fulfillment of the intent of the Contract Documents. 25 26 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 27 28 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 29 the site which have been utilized by City in preparation of the Contract Documents. 30 The logs of Soil Borings, if any, on the plans are for general information only. 31 Neither the City nor the Engineer guarantees that the data shown is representative 32 of conditions which actually exist. 33 34 4.2.2. those drawings of physical conditions in or relating to existing surface and 35 subsurface structures (except Underground Facilities) which are at or contiguous to 36 the site that have been utilized by City in preparation of the Contract Documents. 37 38 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 39 on request. Those reports and drawings may not be part of the Contract 40 Documents, but the "technical data" contained therein upon which Bidder is entitled 41 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 42 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 43 responsible for any interpretation or conclusion drawn from any "technical data" or 44 any other data, interpretations, opinions or information. 45 CITY OF FORT WORTH HMAC HIR / HMAC SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 002113-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 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 performing 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, (iii) 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. 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda CITY OF FORT WORTH HMAC HIR / HMAC SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Address questions to: City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Attn: Kristian Sugrim, Transportation and Public Works Fax: 817-392-8092 Email: Kristian.Sugrim@fortworthtexas.gov Phone: 817-392-8902 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: <https.//_rojectpoint.buzzsaw.com/client/fortworthgov/Infrastructure%20 Projects761864W20-W20HMACW20HIR%20SurfaceW200verlay*20%282012-2%29> 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. 7. Bid Security 7.1. Each Bid must be accompanied by Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting the requirements of Paragraphs 5.01 of the General Conditions. 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award have been satisfied. If 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. CITY OF FORT WORTH HMAC HIR / HMAC SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1, 2011 r� 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 0021 13 -6 INSTRUCTIONS TO BIDDERS Page 6 of 9 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 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, 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 01 25 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with City Ordinance No. 15530 (as amended), the City has goals for the participation of minority business and women 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/WBE 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 optional 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 which 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. CITY OF FORT WORTH HMAC HIR / HMAC SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 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. 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 official 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 firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. 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. 12.11. 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 INVITATION 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 filed may, at the option of the City, be returned unopened. CITY OF FORT WORTH HMAC HIR / HMAC SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1, 2011 0021 13 -8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 2 time set for the closing of Bid receipt. 3 4 15. Opening of Bids 5 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 6 abstract of the amounts of the base Bids and major alternates (if any) will be made available 7 to Bidders after the opening of Bids. 8 9 16. Bids to Remain Subject to Acceptance 10 All Bids will remain subject to acceptance for the time period specified for Notice of Award 11 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 12 City's sole discretion, release any Bid and nullify the Bid security prior to that date. 13 14 17. Evaluation of Bids and Award of Contract 15 16 17.1, City reserves the right to reject any or all Bids, including without limitation the rights 17 to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 18 and to reject the Bid of any Bidder if City believes that it would not be in the best 19 interest of the Project to make an award to that Bidder, whether because the Bid is 20 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 21 meet any other pertinent standard or criteria established by City. City also reserves 22 the right to waive informalities not involving price, contract time or changes in the 23 Work with the Successful Bidder. Discrepancies between the multiplication of units 24 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 25 between the indicated sum of any column of figures and the correct sum thereof will 26 be resolved in favor of the correct sum. Discrepancies between words and figures 27 will be resolved in favor of the words. 28 29 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 30 among the Bidders, Bidder is an interested party to any litigation against City, 31 City or Bidder may have a claim against the other or be engaged in litigation, 32 Bidder is in arrears on any existing contract or has defaulted on a previous 33 contract, Bidder has performed a prior contract in an unsatisfactory manner, or 34 Bidder has uncompleted work which in the judgment of the City will prevent or 35 hinder the prompt completion of additional work if awarded. 36 37 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 38 other persons and organizations proposed for those portions of the Work as to which 39 the identity of Subcontractors, Suppliers, and other persons and organizations must 40 be submitted as provided in the Contract Documents or upon the request of the City. 41 City also may consider the operating costs, maintenance requirements, performance 42 data and guarantees of major items of materials and equipment proposed for 43 incorporation in the Work when such data is required to be submitted prior to the 44 Notice of Award. 45 46 17.3. City may conduct such investigations as City deems necessary to assist in the 47 evaluation of any Bid and to establish the responsibility, qualifications, and financial 48 ability of Bidders, proposed Subcontractors, Suppliers and other persons and 49 organizations to perform and furnish the Work in accordance with the Contract 50 Documents to City's satisfaction within the prescribed time. 51 CITY OF FORT WORTH HMAC HIR / HMAC SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0021 13 - 9 INSTRUCTIONS TO BIDDERS Page 9 of 9 17.4. 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. 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. Only one option will be awarded. 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 CITY OF FORT WORTH HMAC HIR / HMAC SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1, 2011 003513-I CONFLICT OF INTEREST AFFIDAVIT Page 1 of 3 1 SECTION 00 35 13 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth 5 (also referred to as "City") procurement are required to complete Conflict of Interest i 6 Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure 7 Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on -- 9 City Work. The referenced forms may be downloaded from the website links provided below. 10 I htty://www.ethics.state.tx.us/forms/CIO.ndf .� 12 13 httn://www.ethics.state.tx.us/forms/CIS.r)df 14 15 0 CIQ Form is on file with City Secretary 16 17 Q CIQ Form is being provided to the City Secretary 18 19 Q CIS Form is on File with City Secretary 20 21 F--j CIS Form is being provided to the City Secretary 22 23 24 -� 25 BIDDER: 26 27 By: 28 Company (Please Print) 29 30 Signature: 31 Address 32 33 Title: 34 City/State/Zip (Please Print) 35 CITY OF FORT WORTH HMAC HIR / HMAC SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1,2011 00 41 00 BTD FORM Page I of 7 SECTION 00 4100 BID FORM TO: The City Manager c/o: The Purchasing Department 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: City Project No.: Units/Sections: 1. Enter Into Agreement HMAC HOT -IN -PLACE RECYCLING / HMAC SURFACE OVERLAY (2012-2) City Wide 1864 Pavement Improvements The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond, 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation, 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. 'corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. 'fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. 'collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. 'coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00 410000 42 43_00 43 13_00 43 37_Bid Form-Proposal-Bond_Vendor Compliance.xls 0041 00 BID FORM Page 2 or] R 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a, Removal and replacement of concrete curb & gutter, sidewalks, dreivways, and handicap ramps b. Wedge and surface milling, base repair and level up, street excavation, and haul -off c. HMAC surface overlay 4. Time of Completion M 4.1. The Work will be complete for Final Acceptance within 80 calendar days after the date when the Contract Time commences to nm as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work (and/or achievement of Milestones) within the times specified in the Agreement. S. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. e. Proposal Form Section d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00 41 0000 42 4300 43 1300 43 37 _ p onBid Form -Pro osal-Bd _ p Vendor Com liance.xls _ _ _ 0041 00 BID FORM Page 3 of 3 6.3. SEEP Total Bid 7. Bid Submittal This Bid is submitted on 23-Feb-12 by the entity named below. ... Respectful submZ (Receipt is acknowledged of the following Addenda: 1ni ia► (J.By: v�� Addendum No. l : (Signature) Addendum No. 2: w Addendum No. 3: Charles It. Veskerna Addendum No. 4: NEED (Printed Name) Title: President IMME Company: Cutler Repaving, Inc. Corporate Seal: Address: 921 East 27th St IMME Lawrence, IDS 66046 ` State of Incorporation: Delaware on Email: bveskerna0cutlerreoavina.com _ Phone: 785-843-1524 up END OF SECTION rw on wa rat CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 _Bid Form-Proposal-Bond_Vendor Compliance[ I].xls 00 42 43 BID PROPOSAL Page I of SECTION 00 42 43 PROPOSAL FORM OPTION#: I UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification Unit of Bid Quantity Unit Price Bid Value No. Section No. Measure 0135.0201 Remolilization 01 70 00 LS 1 $500.00 $500.00 ol I 41.130o Remove 'and 'riplace, concrete curb and gutter dic 15 LF . ... ....... - 1.. 11 1 6020 10V V / - . ... . ..... I .. . . ... .......... . ...... . 158.0013 Project designation signage 015813 EA 2 $200.00 $400.00 W 0241 A100 Remove and 02 41 13 SF 1675 0,5'0. OD . . . ......... 0241.1501 1" Wedge milling 1.5 S"Y 32800 ...... ..... ............ ... ... ... .... 0241.1505 1" Surface milling 0241 15 ... ............... SY ..... . ........• 1.1259, 1.7 AOSR . ....... 9241.1600 Butt milling . __ ....... . . ... 02 41 15 EA 12 3123.01 Unclassified excavation 31 23 16 CY 00. 7, V-CC 31 2 4.01 Crushed limestone 31 2400 80 6,9. ov �"qovxv phalt sphalt pavement and base repair As 31 24 00 CY 465 ev 3201.02 1" Hot -in -place Recycling .. ... ... 3201 17 ......... . ..... SY .. ... 86200 Wo. �?qj�02 Rejuvenating oil @ 1% -3211.oll 32 011-7— 32 GAL 8 26 -7'zfe 6V Flex base,TypeA ..... . ....... ..... ..... . . . ....... ..... - 9999.0000 1" Asphalt pavement, Type D . .... ........ . . . - SY ....... ... . . ...... TN 80C.. 4688 32112.0600 Asphalt pavement level -up 321216 32 13 13 TN Sow I tv Nx W 3213.01 6" Concrete pavement (2:27) SY 809•Zo 2- 3213.04 W Concrete driveway, remove and replace 321320 SF 4.950 -7-&V 3217 . Oain�ini"iiou-'seaddre-s*-s-"e-s . . I.- --- 11. � - ......... . . ........ . ...... . . ..... ... . . . . .... ........ ... 32 17 23 ......... ...... 1 11 ..... . ................. . EA . ... ........ ....... .. ....... .. 3C ...... ... ... ... ....... . . ev 4V 3292,010o Block sod placement 329213 SY 785 4-0_0 _-Al 1W re adjustment_.drain Inlet) _. . Miscellaneous adjustment ( 10 drain inlet) �3.305141 33 05 14 m EA--_, EA 3.30,5.,0107 structure ln 3305.011 Manhole adjustments (wl steel risers) 330517 ......... . . EA 30 $250.00 ......... .. . $7,500.00 structure adjustment (Water meter box) 3305.011 MiscellaneousEA 0514 10 $350 .0 $350 00 In 3305.011 Miscellaneousid)�stmenti(utilitiis) 00 05 OB LS 1. 4113N0-00 $610.001.091 3305.011 Water valve box adjustment (w/ steel risers) 33 05 14 ..... EA ..... 36 $125.00 $4,500.00 33 05 1 oil water valve box** adjustment (w/ concrete collars) . ... Fro . 5 .. .. . ..... $ 3 5 0.00 $1 7 5 0 0 0 3305.011 Manhole adjustments (w/ concrete collars) 33 05 17 EA 8 $450-00 $360000 ... ............ . ... . ... . .. .. ... .. . .... . ..... . ... ..... . ..... ........ .. ... ..... . . ..... .... . .. ... .. ... . ... ..... . ..... . .. . .. .............. - ... . .. . ....... .... ......... ...... .......... ... ......... . . - ................ ...... . . ...... ........... ........ ......... . ..... ..... ... .. .. ........ ...... ...... .. ........ .... - ... _ ...... ... . ... ....... . . .. . ......... . .. ... ... . .... - . ....... ...... . .. ... . . ... ..... . . ..... ...... .... .. ... ... .. . ...... ........... . . . . ..... . ..... ... . ... ........ . .......... . . . .. ..... ........ . ... ..... .. .. . .... .... .... .. . ... ... .. .... . .... . ..... . .... . ........... Bid Summary Base Bid CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 410000 43 13 00 42 43 00 43 3700 45 1200 35 13—Bid Proposal Workbook.xis 00 42 43 BID PROPOSAL Page 2 of 2 SECTION 00 42 43 13ROPOSAL FORM OPTION k: 1 UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Specification Unit of Description Bid Quantity Unit Price Bid Value ^ No. Section No. Measure Total Base Bid d Alternate Bid Total Alternate Bidl Deductive Alternate Did Total Deductive Alternate Bidl Additive Alternate Bid Total Additive Alternate Bidl I rw4[L✓%1WWa-� ( 4.1&1� Total Bidl � /1,/6YW,9t7 w aar w• CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 410000 43 13_DO 42 43—DO 43 37_00 45 12_00 35 13_Bid Proposal Workbook.<Is 00 42 43 BID PROPOSAL Page I of SECTION 00 42 43 PROPOSAL FORM OPTION#: 2 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification Unit Of Bid Quantity Unit Price Bid Value No. Section No. Measure 0135.0201 Remolilizaticin 01 70 00 LS 1 $500.00 . . ....... $500.00 ...... .... I 0141.1300 Remove and replace concrete curb and gutter ........... .. 0241 15 ......FA LF 6020 ........ .. ............. ............. m ......... ........ ......... .... . . ....... ..... . .. . ... . ............. . . ......... .. . ............... ..... 15 i. 0-61, 3- Project designation' signage ...... . 2 $200.00 "00.00 0241.0100 Remove and replace concrete sidewalk 024113 SF,.._, 1675 0241.1502 2" Wedge milling 02 41 15 SY 32800 ... ........ .... ...... .. 0241.1506 .. . 1. . . . 2" S. urf I a .. ce milling I . I . ........ ......... .... .... sy, 11250 ... .. ..... 0241.1600 Butt Milling 0241 15 EA 12 .... . ...... 3123.01 Unclassified excavation 312316 ..... ............. CY ... 300 . . ...... ..... ... .. ..... . ....... .... .... .. .. ... . ... .. ....... .... 3.12.4.101 Crushed limestone.,... ..... . . ...... . 31 214.100 .... ........ Cy .. .. ........ . 8.0.. . ....... 3124,01 Asphalt pavement and base repair ..... . . ..... ... . ...... . ... CY ... . ... . .. 465 - _ ..... ... ... 1.. -.1 �..... . ...... ... . . 3211.011 6" Flex base, Type A 321123 SY Soo 9999mo0 Z' Asphalt pavement, Type D TN 9372 3212.0600 Asphalt pavement level -up 32 12 16 TN Soo . ...... ... . . . ...... . ..... . ....... .......... ...... .... ........ . ...... .... . .......... 3212,09 Asphalt cracl sealant 32 12 13 . . . . ...... .. .. GAL 537 . .... . ... ..... .. ..... 3213,01 6" Concrete pavement (2:27) 321313 SY 800 3213,o4 6" Concrete driveway, remove and replace 321320 SF 4950 .. ...... . . . ..... 3217 Painting house addresses 321723 EA 30 3292.01 oo Block sod placement 329213 ... SY 11.1 1 715 ., .. I . - _ k.. - ............ . .. . ........... .... .. .. ....... .. ..... . ...... I 1...... 1 1..., 1. _1111 3306.0107 Miscellaneous structure adjustment ( 5' Storm drain inlet) 11111-1- 330514 1 EA iioki-iiii Miscellaneous "structure adjustment 'Cl'CFStorm -drain "Iniiii' ......... 3-3-05 _1_4__ i_ . 3305.011 Manhole adjustments (w/ steel risers) ... 1_7 ... 33 05 17 EA 30 $250.00 7 500 00 . .. ......... ............. . ......... . . .... 3305.011.. Miscellaneous structure adjustment (Water meter box) 330514 EA io $35.00 $350m 3305.011 Miscellaneous adjustments (utilities) 00 05 08 LS 3305.011 Water valve box adjustment (wl steel risers) 330514 EA 36 $125.00 ..... ...... ...... 330&011 Water valve box adjustment (wJ concrete collars) .. .. ... ...... 330517 EA 5 $350.00 ...... . . $1,750.00 .. . ........ . .. 11 ..... ......... ... .. ......... 3305.011 Manhole adjustments (w/ concrete collars) . ........... . ....... .. .. . ..... . . ..... .. ... . ...... 33 05 17 ....... .... .... ....... .......... . EA . ..... I . ....... ....... ..... 8 - ... . ... ............ ...... ..... . .... .... .. ... ... ..... ... ..... ... ...... ...... . ...... . . .. ... . . . . .......... ...... ..... .... ........ .. .. .... ...... .. .... . ........... ....... ....... ..... ... ..... ..... . .. ...... .... ......... . ... .. . ... ......... ......... .. . ... ........ .. ..... ....... ..................... . . .... . . ........ . ...... .. . ......... ... . . ..... . ........... . . ..... ... ........ . . ...... . . .. . ... . .. .. . . .............. ........ ....... .. . ....... .. ..... . ....... ..... . ...... . ...... Bid Summary .... ... .... . . .... ... . ..... . .... .. Bien Bid CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 Option#2 00 410000 43 1300 42 4300 43 3700 45 1200 35 13 Bid Proposal Workbook.xJs 00 42 43 BID PROPOSAL Pw2of2 SECTION 00 42 43 PROPOSAL FORM OPTION N: 1 UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Description Specification Unit of Bid Quantity Unit Price Bid Value w No. Section No. Measure Total Base Bid Alternate Bid Total Alternate Bidl MINE Deductive Alternate Bid ' I I Total Deducdive Alternate Bidl Additive Alternate Bid I I Total Addifive Alternate Bidl I WINE Total Bid t)v Az> w w w w w CITY OF FORT WORTH Now STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 410000 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook.xls 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of I SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in _ Section B. w. -W A. Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of Kansas 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: Company: Culler Repavklp, k►G, Chadw R. Ve erne Address 921 E 27MI $t (Signature) Lawmr)Ce, KS 66046 4917 Title: President Date: _ / Ar / END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 Copy of 2011-14_Did Form-Proposal-Rond_Vendor Compliance[I I.als M FORTWORTH December 23, 2010 Cutler Repaving, Inc. Attn: John Miles, Vice President — Operations 921 E. 27`h Street Lawrence, KS 66046-4917 RE: PREQUALIFICATION FOR PAVING PROJECTS City of Fort Worth APPROVAL EFFECTIVE DATE — JANUARY 1, 2011 .• PAVEMENT MAINTENANCE — NO LIMIT Dear Sir/Madam: The City of Fort Worth Department of Transportation and Public Works has reviewed the ON materials you have submitted for prequalification to perform street paving in the City of Fort Worth. This letter is to advise you that you have been deemed qualified to bid upon and perform the types of street paving indicated above, up to the limits specified. This rt notice serves only to advise you of that prequalification as future project specifications may require and does not otherwise affect any other provisions of those same project specifications. This prequalification will remain in effect for two (2) years as long as you remain in good standing with the City of Fort Worth. Prior to the end of the two years you are required ~' to submit a new financial statement for consideration. In the interim, if you have any questions or comments, please do not hesitate to contact me. Sincerely, C.W. "Andy" Anderson, PE, RPLS Assistant Director of Transportation and Public Works Infrastructure Design and Construction Services TRANSPORTATION AND PUBLIC WORKS DEPARTMENT THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102 817-392-7913 * Fax 817-392-8092 Cj Printed on recycled paper 1 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 0035 13- 1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 3 SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached 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. httv://,,ww.ethics.state.tx.us/forms/CIQ.odf httn://www.eth ics. state,tX.us/forms/C IS. Pdf U CIQ Form is on file with City Secretary Q CIQ Form is being provided to the City Secretary [ ►� CIS Form is on File with City Secretary [--1 CIS Form is being provided to the City Secretary BIDDER: Cutler Repaving, Inc. By, Charles R. Veskema Company (Please Print) 921 E 27th St Signature: Address Lawrence, KS W0464917 City/State/Zip Title: President (Please Print) CITY OF FORT WORTH HMAC HER / HMAC SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1, 2011 000515-1 ADDENDA Page I of I 1 SECTION 00 05 15 2 ADDENDA NO. 1 3 4 5 The contract and documents for the subject project are hereby revised or amended to clarify the following: 6 7 _ 8 Section 00 42 43: 9 10 Proaosal Form, Bidlist Item No. 3212.0301, Specification Section No. 32 12 16, should read: 11 9999. 0000 with no specification section number and the unit of measure is TN instead of SY at a quantity 12 of 4,686 TN instead of 85,200 SY. 13 14 Option #: 2 Bidlist Item No. 3212. 0302. Specification Section No. 32 12 16. should read: 15 9999. 0000 with no specification section number and the unit of measure is TN instead of SY at a quantity 16 of 9,372 TN instead of 85,200 SY 17 18 19 The proposal form is attached. 20 21 Please acknowledge receipt of this addendum by signing and inserting into your proposal at the time of 22 bidding. Failure to return a signed copy of this addendum may be grounds for rendering the bid as 23 nonresponsive. 24 25 26 Receipt Acknowledges: 27 28 29 //JJ 30 By: _U By: .,, 31 Kristian Sugrim, Project Manager 32 33 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HMAC HIR / HMAC SURFACE OVERLAY (2012-2) 01864 t- Mt 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 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of I 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. 01864. 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: Cutler Repaving, Inc. Company 921 E 27th St Address Lawrence, KS 66046-4917 City/State/Zip THE STATE OF T49M kA.4SAS § COUNTY OF T,&RRA*T DaKyt/hS § By: Charles R. Veskema (Please Print) Signature: , 6, � dll ( . P 'ritie: President (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared Charles R. Veskema , known 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 Cutler Repaving Inc. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this o?lo�' day of A044(— , 20 A. Notary Public in and for the State of KAASAS END OF SECTION NOTARY PUBLIC - State of Kansas JUDITH K. CO1FFK11AN 10W My APpt. Exp. a- W-13 CITY OF FORT WORTH HMAC HIR / HMAC SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1. 2011 ■ ■ ■ FoRT WORTH ' �. Busine4, upport ■_ m:,. TRAM T lxn D PVC :�IIIORKs t{ , �.• usr� W/MBE REQUIRED DOCUMENTATION RECEIPT 02-23-12PU2��?3 RCVD ■ Official date and time , • Bid Date: L,-/ C� ��— ■ ' Project Name fWV 41Jar ■ V r Project Manager: Forms Submitted Bv: Name: }� ■ Company: _ �� GS • ■ i Forms Received By: • r. ■ r r r i .r FOr R_`�W4 RT H City of Fort Worth Prime Contractor Waiver Form PRIME COMPANY NAME: Cutler Repaving, kxx PROJECT NAME: IMA6 ffOT-lW-22-44e RAKV6"AJG1 /1Mkle 45dQKW b✓ ZAL't �Zorz-Z) City's M/WBE Project Goal: I PROJECT NUMBER /� % GIr AX-kGtao. O1S(o� ATTACHMENT 16 Page 1 of 1 Check applicable block to describe prime M/W/DBE NON-M/VV/DBE BID (DATE y2-A&, +A-e 23, Zd�L 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 both answers are yes. Failure to complete this form in its entirety and be received byahe Manaciinci Dgvartment'on or before 5:00 n.m.. five f 5l City business days after bid opening, exclusive of the bid opening date, will result in the i 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? T 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 M/WBE(s) on this contract, the payment .. therefore and any proposed changes to the original M/WBE(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 M/WBEs 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 Am period of time not less than one (1) year. k2�)Z4,,.,,� Chary R. Veskerns .. Authorized Signature Printed Signature Rieeiont Title Cutler Renavlln% hr. Company Name 921 E 27th St Address Lawrence, KS 660464917 Citylstatelzip Contact Name (if different) 785-843-1524 785-843-3942 Phone Number Fax Number Email Address Date i 0 2- 2 3 -1 2 P 0 2: 2 2 R C V D Rev. 5/30/03 .. Joint Venture Page 1 of 3 FORT WORTH CITY OF FORT WORTH MM Joint Venture Eligibility Form All questions must be answered; use "NA" if applicable. Name of City project: A joint venture form must be completed on each project RFP/Bid/Purchasing Number: •� 1. Joint venture information: Joint Venture Name: r Joint Venture Address: .� (If applicable) Telephone: Facsimile: E-mail address: Cellular: .. Identi the firms that comprise Identify p the joint venture: Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the joint venture M/WBE firm I Non-M/WBE name: firm name: 1 Business Address: Business Address: City, State, Zip: City, State, Zip: Telephone Facsimile E-mail .' Telephone Facsimile Cellular I Cellular �. Certification Status: E-mail address Name of Certifying Agency: i$sA�� iLryj�1 {'�5.m.� �5S `,.�'''i"t.i's S�§A�•y j s °"tty, y ,��'. 2. Scope of work performed by the Joint Venture: Describe the scope of work of the M/WBE: Describe the scope of work of the non-M/WBE: I 0. Rev. 5/30/03 oft Joint Venture Page 2 of 3 3. What is the percentage of 1VI/WBE 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. o, 5. List components of ownership of joint venture: (Do not complete if this information is described in joint venture agreement) Profit and loss sharing: PM Capital contributions, including j equipment: i Other applicable ownership interests: •. 6. Identify by name, race, sex and firm those individuals (with titles) who are responsible for the day-to-day management and decision making of the joint venture: Financial decisions (to include Account Payable and Receivable): Management decisions: a. Estimating ------------------------ --- --- ---I b. Marketing and Sales --------------------------------------------- 1 c. Hiring and Firing of management - personnel d. Purchasing of major equipment and/or supplies Supervision of field operations a J I i .. The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the M/WBE percentage applied toward the goal for the project listed on this form. am 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 MAYBE 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 MNVBE Ordinance. 02-23-12P02:22 RCVD o, Rev. 5/30/03 Joint Venture Page 3 of 3 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information .. necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of work, decision -making responsibilities and payments herein. .. The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. a. The undersigned agree to permit audits, interviews with owners and examination of the books, records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract, which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false statements or willful -misrepresentation of facts. Name of M/WBE firm Name of non-M/WBE firm Printed Name of Owner Printed Name of Owner oft Signature of Owner Signature of Owner am Printed Name of Owner Printed Name of Owner am Signature of Owner Signature of Owner Title Title oft Date Date Oft Notarization State of County of .• On this day of , 20 , before me appeared ow and to me personally known and who, being duly sworn, did execute the foregoing affidavit and did state that they were aft properly authorized to execute this affidavit and did so as their free act and deed. Notary Public Print Name Notary Public Signature Commission Expires (sego .. .. Rev. 5/30/03 ATTACHMENT1C Page 1 of 3 .. FORT WORTH ----•..�.•�- City of Fort Worth Good Faith Effort Form PRIME COMPANY NAME: Check applicable block to describe Cutler Repaving, Inc, prime �l I I M/W/DBE NOWMNV/DBE PROJECT NAME: f/M �G �dr //r%• f7s,FiLE xCCyLG/.J4 � 1 I_ ��,t, _. _ /I►Ni�4G "WIFOLC' PVv*,0c�/ CZOIZ'Z J I BID DATE ���„•,1n�/ Z3 ze(Z .. City's M/WBE Project Goal: PROJECT NUMBER m 0�0 I elrt �/ZD.Teer 40. DlS'GA .. If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal, you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting 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. .. so oft sm 1.) Please list each and every subcontracting and/or supplier opportunityl for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2"O tier. (Use additional sleets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities am 02-23-12P02:22 RCVD Rev. 05/30/03 am ATTACHMENT 1C Page 2 of 3 2.) Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's MNI/BE Office. '_ Yes No Date of Listing I 1, 0% 3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? am Yes (Kyes, attach M/WBE mail listing to include name of firm and address and a dated Copy of letter mailed.) No PM 4.) Did you solicit bids from M/WBE 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 M/WBE firm, person contacted, phone number and date and time of contact.) No NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and .. documentation faxed. NOTE: If the list of M1WBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M[WBEs for a particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two- thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the M[WBEs? Yes No 6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the MIWBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in -camera access to and inspection of any relevant documentation by City personnel. (Please use additional sheets, if necessary, and attach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection ♦ v Rev. 06/30/03 ATTACHMENT 1C Page 3 of 3 ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain M/VVBE participation on this project. .orb .�dv�u�i ,-.• 1 The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The 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 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 and 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. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the ' y's MIVV%�BE ffice. !d,• Charles R. Veskerna Authorized Signature Printed Signature President Title Cutler Repaving, Inc. Company Name 921 E 27th St Address Lawrence, KS 66046-4917 City/State/Zip Contact Name and Title (if different) 785-843-1524 785-843-3942 Phone Number Fax Number Email Address Date 02-23-12P02:22 RCVD Rev. 06/30/03 ATTACHMENT 1A ,.. Page 1 of 4 FORT W14 RTH PRIME COMPANY NAME: Cutler Repaving, Inc. City of Fort Worth Subcontractors/Suppliers Utilization Form PROJECT NAME: ifM r}c .�vd�fi�cr' UV�� City's MNVBE Project Goal: Prime's MNVBE Project Utilization: /7 % a (P % Check applicable block to describe prime MNV/DBE I NON-MNV/DBE BID DATE AW444RV Z13, -wit PROJECT NUMBER cl ry Ae-vGT x1b. zvn* Identify all subcontractors/suppliers you will use on this project i r► am oft 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 M/WBE 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 M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or .. currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall 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 1st tier, a payment by a subcontractor to its supplier is considered 2"d tier am ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. am Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority ,or women businesses by the North Central Texas Regional Certification r. Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner -operators, and receive full M/WBE credit. The MNVBE may lease trucks from non-M/WBEs, including owner -operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev. 5/30/03 ATTACHMENT1A FORT WORTH Page 2 of 4 rt Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. am Certification N (check one) 0 SUBCONTRACTOR/SUPPLIER T Company Name i N T Detail Detail Address e M W C X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B R O B E E C T E A V USTRot,, � aL . �o. Box 17zs ✓ M Iu.lA) $(, I l9•So 12oA V&zC-,TX 76Z6 Z S 17- 430.3953 $l7 - 44 • Z3 6* mPrarla A6FHAtr ��dJEJ►1r�n�4 %Aeg-c R1 N6?W.4b AM15-M L I , a t • Zo D ► c. 00V /-lov��a,TSC 77D5 Mr 3_50-bWv 71.9- ASb- Ego r ,SPLE'F>( JAWLw4 2(4* � - W - 247* 5" }�ifhi'JiU.t?L o Aft Cry -XZ404 pfaft51 )r 757 9 7Z - no - 9e9� 00 fr-, V 74 7 D 5'57W"i a�7 �ZS.00 $r; 71740Z36 b39 6/74Z 3 7Am `33© ►�Ar l� Ar M "K 37V 50 JeVIX, _rg 75i% 3 JW 5410 va _ Zi � s'96 - 7.3cre "` = —., — 1 Y;/ R C y D Rev. 5/30/03 I ATTACHMENT 1A n► FORT WORTH Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. Certification N Oft SUBCONTRACTOR/SUPPLIER (check one) T N T n Detail Detail Company Name Address i e M W C x M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax T D r B B R o W B n.. E E C T E A V'Qfdovs rage. 3 02 gr *I- ��4tiow, V 7 6� fist t 3.4 - 5VH Oft owk .k .. Am am Rev. 5/30/03 am ATTACHMENT 1A FORT WORTH mmpr��Page 4 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ ge7, /45", O-o Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ :f `� j 741• 70 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 3Z3 ` 2735f' .70 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 Manager or designee through the submittal of a Request for Approval of Change/Addition. 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 M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. ., By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MM/DBE(s) arrangements submitted with the bid. 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/contractors participating on the contract that will substantiate the actual work performed by the M/VV/DBE(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 and create 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. Am 1112 Auth razed ignature President Title Cutler Repavhg, Inc. Company Name 921 E 27th St Address Lawrence, KS 660484917 Citylsutwlzip w Lila W R. Veeioe m Printed Signature Contact Namerritle (if different) 785-843-1524 785-84-&%2 Telephone and/or Fax M"I �V0:5KC-WAG)Cur.,i 416 rtaY, -49 we E-mail Address 02-23-12P02:22 RCVD Rev. 5/30/03 005243-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 4 THIS AGREEMENT, authorized on APR 17 2012 is made by and between the City of Forth 5 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 6 ("City"), and Cutler ReDavine. Inc. . authorized to do business in Texas, 7 acting by and through its duly authorized representative, ("Contractor"). 8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1. WORK 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2. PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 HMAC HOT -IN -PLACE RECYCLING / HMAC SURFACE OVERLAY (2012-2) 17 01864 18 Article 3. CONTRACT TIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 80 calendar days after the date 24 when the Contract Time commences to run as provided in Paragraph 2.03 of the General 25 Conditions. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that City will 28 suffer financial loss if the Work is not completed within the times specified in Paragraph 29 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 30 General Conditions. The Contractor also recognizes the delays, expense and difficulties 31 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 32 is not completed on time. Accordingly, instead of requiring any such proof , Contractor 33 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 City Four Hundred and Twenty Dollars ($420.00) for each day that expires after the time 35 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 36 Acceptance. CITY OF FORT WORTH HMAC HIR / HMAC SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised November 09.2011 EMP MR .. Mot 00 52 43 - 2 Agreement Page 2 of 4 37 Article 4. CONTRACT PRICE 38 City agrees to pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds of ONE MILLION ONE HUNDRED TEN 40 THOUSAND THIRTY EIGHT DOLLARS AND NINTY CENTS ($1,110,038.90). 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 A. The Contract Documents which comprise the entire agreement between City and 44 Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 2. Attachments to this Agreement: 47 a. Bid Form 48 1) Proposal Form 49 2) Vendor Compliance to State Law Non -Resident Bidder 50 3) Prequalification Statement 51 4) State and Federal documents (project specific) 52 b. Current Prevailing Wage Rate Table 53 c. Insurance ACORD Form(s) 54 d. Payment Bond 55 e. Performance Bond 56 f. Maintenance Bond 57 g. Power of Attorney for the Bonds 58 h. Worker's Compensation Affidavit 59 i. MWBE Commitment Form 60 3. General Conditions. 61 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project's Contract Documents. 65 6. Drawings. 66 7. Addenda. 67 8. Documentation submitted by Contractor prior to Notice of Award. 68 9. The following which may be delivered or issued after the Effective Date of the 69 Agreement and, if issued, become an incorporated part of the Contract Documents: 70 a. Notice to Proceed. 71 b. Field Orders. 72 c. Change Orders. 73 d. Letter of Final Acceptance. 74 CITY OF FORT WORTH HMAC HIR / HMAC SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised November 09, 2011 005243-3 Agreement Page 3 of 4 75 Article 6. INDEMNIFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of, the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 80 under this contract. This indemnification provision is specifically intended to operate 81 and be effective even if it is alleged or proven that all or some of the damages being 82 sou bt were caused, in whole or in part, by anv act, omission or ne>iligence of the city. 83 This indemnity provision is intended to include, without limitation, indemnity for 84 costs, expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city, its officers, servants and employees, from and against any and all loss, damage 89 or destruction of property of the city, arising out of, or alleged to arise out of, the work 90 and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemnification 92 provision is specifically intended to operate and be effective even if it is alleged or 93 proven that all or some of the damages being sought were caused. in whole or in part„ 94 by any act, omission or neglijence of the citv. 95 96 Article 7. MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 99 have the meanings indicated in the General Conditions. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the City. 103 7.3 Successors and Assigns. 104 City and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severability. 108 Any provision or part of the Contract Documents held to be unconstitutional, void or 109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon CITY and lit CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 115 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH HMAC HIR / HMAC SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised November 09, 2011 00 52 43 - 4 Agreement Page 4 of 4 116 7.6 Other Provisions. 117 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 118 classified, promulgated and set out by the City, a copy of which is attached hereto and 119 made a part hereof the same as if it were copied verbatim herein. 120 7.7 Authority to Sign. 121 Contractor shall attach evidence of authority to sign Agreement, if other than duly 122 authorized signatory of the Contractor. 123 124 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 125 counterparts. 126 127 This Agreement is effective as of the last date signed by the Parties ("Effective Date"). 128 Contractor: Cutler Plepeft, bM B. (Signature) Charles R. Veskems (Printed Name) Titk President Address: W Elm 8t Lawrence, KS e60*4917 City/State/Zip: a?vi� Date 129 130 131 132 133 134 135 136 137 138 - City of Fort Worth By: Date Attest: City S, (Seal) M&C C -- 2 5- - 46 Date: i-I . I -I . 1 z r e .as t Fonn and Legality: Douglas W. Black Assistant City Attorney APPROVAL RECOMMENDED: j� Li("i ` Dougla . Wiersig, P.E. DfREC OR, Transportation and Public Workq CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 09, 2011 'OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX HMAC HIR / HMAC SURFACE OVERLAY (2012-2) 01864 0061 13 -1 PERFORMANC'r: BOND Page I of 2 t sm,rION 00 6113 2 PERFORMANCE BOND Bond No. 37BOSGF7119 3 4 TI ,' STATE OF TEJ{AS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY O1" TA RRANT 7 8 That we, Cutler Kevaving.. Inc. , known as "Principal" herein and 9 Hartford Fire Insurance Company 13 corporate surety(sureties, if more than 10 one) duty authorized to do business in the State of Texas, known as "Surety" herein (whether one 1 ! or snore), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of Texas, Known as "City" herein, in the penal Burn of, ONE MILLION ONE I HUNDRED TEN THOUSAND THIRTY EIGHT DOLLARS AND NINTY CENTS 14 ($1.110,038,90), law;ul money of the United States, to be }paid in Fort Worth, Tatrant County, 15 'Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, 1.6 executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 17 WHEREAS, the Principal ha• emered into a certain written contract with the City 18 awarded the ......... day day of APR 1 7 2012 , 20_ • wilich Contract is hereby referred to and li> made a part hereof fps all purposes as if fully set forth herein, to furnish all .materials, equipment 20 labor and other accessories defined by law, in the prosecution of the Work, including any Change 21 Orders, as provided for in said Contract designated as HMAC HOT -IN -PLACE RECYCLING / 22 t-IMAC SURFACE OVERLAY (2012-2), City Project No. 01364 23 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 26 specifications, and contract documents therein referred to, and as well during any period of 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be ZS and become null and void, otherwise to remain in full force and effect. 29 PROVIDED FURTITE.R, that if any legal action be Filed on this F3ond, venue shall tie ill 30 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 31 Worth Division. +.Meld <1F FORT WORTH 5-1ANDARD CONSTRt10-10N SPECIFICATION DOCUMENTS Rev iwelJlily 1.2011 11tv1AC 11IR SIntFACI:09FRI,AY (2{►t�-�; 1►I> A rlr 0061 13 •2 PERFORMANCE HOND Pagc 2 of 2 I This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and ail liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 f!V WITNE, SS WRFREOF, the Principal and the Surety have SIGNED and SEA1,1313 5 this instrument by duty authorized agents. and officers on this the day of APR 17 201220 7 8 9 10 12 13 'ST. 14 �i + 15 - .( 16 (Principal `secretary �- 17 18 19 20 21 .Lk,.,Lwu_ 22' 'it. ess as to efiC pal 23 24 25 16 27 28 29 30 31 32 33 34 35 36 yyy 14 37 Witness as to.Surety 38 39 40 PRINCIPAL: Cutler Repaving, inc. BY: _ - Signature Charles R. Veskerna, President Name and Title Address: 921 East 27th Street _ - Ttawrence, KS" 666 - v SUKi- Hartford Fire Insurance Company -------------------- BY: t-3t Sign:sture Robert B. Fiss, Attorney -in -Fact - - - Name and Title �— Address: 5225 W. 75th Street, Suite 200 5nawnee mission, No oozuo Telephone Number: 913-396-0800 41 *Note: if signed by an officer of the Surety Company, there must be on file a certified extract 4:2 from the by-laws showing that this person has authority to sigh such obligation, if 43 Surety's physical address is different From its mailing address, both must be provided. 44 The date of the bond shalI not be prior to the date the Contract is awarded. 45 4,1TY Of FOR,[, \vokT14 S'1',%NW,R[Juop4s'mrciioNSPF('EHUArtt)!4rxictimi,, ns It,YIS�;(t 14115 I, �oI [ 1IMACNIR SURFACE (ATIO AY [2012-:I V 18(A Direct tnquirieslCiafms to. POWER OF ATTORNEY THE HORD OneBOND, T-4 Hartford Plaza Hartford, Connecticut 06166 call: 888-266-3488 orfax 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT.: Agency Code: 37-281099 0 Hartford Fire Insurance Company, n corporation duly organizod undcr :he laws of due State ofConnccticur Hartford Casualty insurance Company, a corporation duly organized under the laws of the State of ladi Ina Hartford Accident and indemnity Company, a corporation duly organized undcr the laws ofthe State of Conjwcticw OHartford Underwriters Insurance Company, a corporation dulyorgattized under the lases omit State of Connecticut Twin City Fire insurance Company, a corporation duly organized. under tht; laws oF'the State of Indiatta O Hartford insurance Company of Illinois, a corporation ditl;• olrj�anizcd under the laws nt the State of Illinois Hartford insurance Company of the. Midwest, a corperatim-r duly oreauizcd under the laws of the State of ladians Hartford Insurance Company of the Southeast, a corporation duly orgauized under the tales w ilia State of Florida having their horns office in .Hartford, Connecticut, (hersinaifter collectively referred to as the 'Companies') do hereby make, constitute and appoint, up to the amount of unlimited: Conya C, hlarris of Fart ;North. TX,' Robert B. Fiss, Scott 1q. Rss, Droste D. Miliedge, Melissa L. Oiy, Palace M. Larsen, ,ludith A. Page of Shawnee Mission. KS their true and lawful Attomey(s)-in-Fact. eact, in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by M, and to execute, sea( and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or prcceedirgs allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary, Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously afnrm that they are " and will be bound by any mechanically applied signatures applied to this Power of Attorney. Xw7��%t014 : t •�� K1 ail wJSc�.tnt v1}` • i.�. S'� 41D7�10 r ilk, `1779 v, ': +1\9?4� . Wesley W. Cowling, Assistant Secretary M. Ross Fisher, Assistant Vice President STATE OF CONNECTIC:UT Hanford COUNTY OF HA1117TORD On this 3"' day of November, 200e, before me personally came M. Ross Fisher, to me Known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State o1 Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument, that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals, that they wertt so affixed by authority of the Boards of Directors of said corporations and that ha signed his name thereto by like authority. 0-11(Z scat'. E. Pawkz Mxa.- 3hit lie CERIif-ICAiE StyConmissinn r.Npires 0c*,6,r 31,2012 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY 0ER1T11Y that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of APR • 1 7 2012 Signed and sealed at the City of Hartford. ♦+ ty� .{ g�J ., t967 r-� � s•a:ua► �far+�i jya � it:'ij� • 4x±;h:'_. �}✓ .'�'+a.,z�' `J'�rj': ts• d /�`,..tM�++�! '' nu•' �\f, c`a.�.:� i, !l "- fir Gary W. Sturnper, Assistant Vice President on 1 2 3 4 THE STATE OF TEXAS 5 6 COUNT 1' OF TA.ttRAM' 7 0061 H-I PAYMENT BOND Page 1 ut 2 SECTION 00 6114 PAY1v1ENT BOND Bond No. 37BCSGF7119 § KNOW ALL BY THESE PRESENTS: s That we, Cutler Revavinl;, Inc. known as "Principal" herein, and 9 Hartford Fire Insurance Company a corporate surety 10 (sureties), duly authorized to do business in the State of Texas, known as "Surety(' herein i i (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 12 corporation created pursuant to the laws of the State of "Texas, known as "City" herein, in the 13 penal sum of ONE M11,L€ON ONE HUNDRED TEN THOUSAND THIRTY EIGHT 14 DOLLARS AND N1NTY CENTS (SIJ 10.03&90), lawful money of the United States, to be paid t,5 in Tort Worth,. Tarrant County, Texas, for the payment of which sum well and truly be made, we 16 bind ourselves, our heirs, executors, adniinistrators, successors and assigns, jointly and severally, 17 firmly by thesepresenttq: is WIfEREAS, Principal has entered into a certain written Contract with City, awarded the 19 day of ...... APR 1. % � O � 2 - —' 20- which Contract is hereby referred to and 20 made a part hereof for all purposes as if fully set forth ficrein, to furnish all materials, equipment, 21 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 22 said CContract'and designated as HMAC HOT -IN -PLACE RECYCLING / .14MAC SURFACE 23 O ERL.AY (2012-2), City Project No. 01864. 24 NOW, THEREFORE, THE CONDITION OF THIS 013LIGAnON is such that if 25 Principal shall pay all monies owing to any (and ,all) payment bond beneficiary (as defined in 26 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 27 the Contract, then this obligation shall be and become null and void; otlici-wise to remain in full 28 force and effect. 29 This bond is made and executed. in compliance with the provisions of Chapter '2253 of the 30 Texas Govemment Code, as amended, and all liabilities on this bond shall .be determined in 31 accordance with the provisions of said statute. STANDARD CONSTNt1CtION SPECIFICATION Fk X'1 Mr.N'rs, RcvitiedMy 1,2011 11MAC' ti1R S1%!4VACF 0Vi-R1.A:Y (2012-2) O V6a 00 h, 14 -2 PA)INIEA T BONI) Page 2 ni'2 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED i 2 this instrument by duly authorized agents and of icers an this the day of 3 APR 17 2012 .20 4 ar { 'rinci�Al) Secretary AD �Aa .�1&"�Q�, ;tn ss as t�Princ.ipal - -- - -- -- -- - ----- ------ „� (Surety) _.._._ ttness as to Sure.t5l PRINCIPAL: Cutler Repaving, Inc. BY: K;gnatt ire Charles R. Veskerna, President Name and Title Address: 921 East 27th Street Lawrence, K5 bbU4e SURETY: Hartford Fire Insurance Company Sibrnaturc Robert B. Fiss, Attorney_in-Fact -` Name and Title `' 1 Address: ��2 5 /W , q5 H S7 , spa c es Telephone Number: 913-396-0800 5 Note: II- signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws. showing that this person has authority to sign such obligation. If Surety's physical 3 address is different from its mailing address. both must be provided. ID The date of the bond steal l not he prior to the date the Contract is awarded. l l F.ND Ole sEc: rION IN .M ! ti'1 ANDARD CONS FRf CYR N SPECIFIC NIV A IN KJIC ENT9 it"ixJ Ault 1. 2011 MMAC I11R SI;RrAS:I" 0VVRI.AY OM 2-21 0 I M4 birect inquirieslClaims to: POWER CIF ATTORNEY THE HARTFORD BOND, T-4-4 One Hartford Plaza Hartford, Connettleut 06165 call: 888-266,3488 or fax: 860-757.4835 KNOW All. PERSONS BY THESE PRESENTS THAT: Agency Code: 37-281099 0 Hartford Fire insurance Company, a corporation duly orgmizcd under the laws of dic Staw ofCunnecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the Statc of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford underwriters Insurance Company, a corporation dvly organized under the laws of the Stute of Connecticut L� Twin City Fire insurance Company, a corporation duly organized undcrthe laws o'fthe Stale of Indiana Hartford insurance Company of Illinois, a corporation duly agonized under the laws of the State ofillinois 0 Hartford insurance Company of the MldWest, a corporation duly gr¢auizcd under tha lanes of the State of Indiana -` Hartford insurance Company of the Southeast, a corporation duly orgauized under the laws of the State of Florida having their horns office in .Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Conya C. Harris of Fert'North TX,' -- Robert B Fiss, Scott lit. Fiss, Droste D. Milledge; Melissa L. bry, Patrice M. Larsen, Judith A. Page.af Shawnee Mission, KS L`reir true and lawful Attomey(s) in -Fact. each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by 0. and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written Instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Saard of Directors of the Companies, the Companies hereby unambiguously afnrm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. 0,51 Ayal r- .*r �y�+t va,, �•"4•.t, � �nlµ 1 ,.� , `;>"�� SCR �^a�� a `hur't• h• � .,,�: Wesley W. Cowling; Assistant Secretary M. Ross Fisher., Assistant Vice President STATE OF CONNECTICUT " �, Flartfcid COUNTY OF HARTTORD > On this 3' day of November, 200e, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Gonneoticut, that he is the Assistant Vice President of the Companies, the corporations ' described in and which executed the above instrument that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they ;were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. 0`t� ScauE. Pstekx tvixo y F'ut•3ic CERITICATk Sly Comnissim r:.apires Wul ar 31, 2(it_ I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the.Power of Attorney executed by said Companies, which is still in full force effective as of AP Signed and sealed at the City of Hartford. f_ R. 2012 ,y1rr tr✓� t+ �J.+j11!�.`+re Mco,� � Grt � ��� . ^% '� `^ "�✓"M<r� tj •�+ �l « aca..�..::' i0$�' �' to r.sdv<e. ^.�..6 �'`vp°O°nr r��; � �:\, A;.� �. Y`a<r«en.l� �'+a:a>1�` S•-?. fOT4�rCr ��t 2i74.pe • � I P ", /".%itµ _...._.... i:� it (V Gary W. Stumper, Assistant Vice President 0061 19 - 1 kAINT>_NANCE t OND Page 1 ut 3 1 SECTION 00 GI .19 2 MATNTENANCE BOND Bond No. 37BCSGF7119 4 THE STATE OF TEXAS § 5 KNOW ALL BY"THESE PRESENTS: f COUNTY OF TARRANT 7 .3 That we Butler Repavino—, Inc.-------------.-, --_..--_, known as "Principal" herein and 9 Hartford Fire Insurance Company , 3 corporate surety (sureties, if more than 10 one) duly authorized to do business in the Stage of Texas, known as "Surety" herein (whether one 1 I or more), are held and firmly bound unto the City of tort Worth, a municipal corporation created 12 pursuant to the laws of the State of Texas, known as "City" herein, in the sum of ONE, MILLION 0 ONE HUNDRED MN T(AOUSAND 'THIRTY EIGHT rJOl: LABS AND N1NTY CENTS 14 f$1.1 10.038.901, lawful money of the United States, to be paid. In fort Worth,. Tarrant County, 15 Texas, for payment of which sum well and truly be .made. unto the City and its successors, we 15 hind ourselves, our heirs. executors, administrator:}, successors and assigns, jointly and several)y. I' firmly by these presents. is 19 WHEREAS, the Principal has entered into a ce;rain written contract with the City awarded 20 the_-----_ day of A Q n 1 7 ? 012 20 _, which Contract 'is hereby 21 referred to and a made part hereof for all purposes as if Fully set forth herein, to furnish all 22 materials, equipment labor and other accessories as defined by law, in the prosecution of the 23 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 24 the "Work") as provided for in said contract and designated as HM.F1C HOT -IN -PLACE 25 RECYCLING I HMAC. SURFACE OVERLAY (2012-2), City Project No. 01864, and 26 27 WELEREAS, Principal binds itself to use such materials and to so constrict the Work in 29 accordance with the plans, specifications and Contract Documents that the Work is and will 29 remnin Free from defects in materials or workmanship for and during the period of two (2) years 30 after the date of Final Acceptance of the Work by the City (''Maintenance Period"); and 31 32 WHEREAS, Principal binds itself to repair or reconsrnict the Work in whole or in (part 33 upon receiving notice from the City of the need therefore at any time within the Maintenance 34 Period. C ITY OF I-ORTWORT)I 11MACHIR St+RFAC Iii.OV RI AY (2012.21 SI'ANDARDCONSTM)CHON f�FC'IF14'A'!'i(?iJiN%C'I1(v1SN'l'S OI?;67 Revi.ed July I , 2011 006119-2 MAINTENANCE BOND Page 2'of 3 I 3 NOWT HEREFORE, the condition of this obligation is such that if Principal shall 3 remedy any de&ctive Work, for which timely notice was 1)rovi4ed by City, to a completion 4 satisfactory to the City then this obligation shall become null and void; otherwise to remain in 5 full force and effect. 6 7 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstlruct any timely 8 noticed defective Work, it. is agreed that the City may cause any and all such defective Work to 9 be repaired and/or reconstructed with all associated costs thereof beiElg borne by the Principal and Ira the Surety under this Maintenance bond; and II 12 PROVIDED FUR'iT ER, that it'any legal action be filed on this Bond, venue shall lie in 13 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 14 Worth Division; and 15 16 PROVIDED Fii.WrHER, that this obligation shall be continuous in nature and 17 successive recoverics lnay he had hereon for successive breaches. 13 19 w an MR M M d.'I'I,Y of FoKr WoRI.11 IImAc FiJR St11dF,1C'l: d VER AY r201221 STANDAIM CONSTRI1CTION NPh( 'IFTCATY N 1)O(-LWFNT$ 01146d Reirkcd )uly JAN111 i M i P, 006119-3 MAINTENANCE 130NED P;tgc 3 of 3 i IN V+Jn NESS WHER1r,4F, the Princ.ipal.and the Surety Crave esl.ch SI.GNFD and SEALED this instnlment by duly authorized agents and officers on this the day of 3 APR 17 2012 .20. 4 S 6 7 8 9 10 I t CST 12 13 14 {Pn`ncipa, Secretary -- la 16 17 18 p 199,MSAS -t4incipill 20,�as to 21 22 73 24 25 26 27 28 '� ' 32 {Sorer)}.xx 33 34 _ %1 rtness as to Surety 36 PRINCIPAL: Cutler Repaving, Inc. BY: Si��iature Charles R. Veskerna, President V Name and Title v - Address' 921 East 27th Street Lawrence, KS 66046 - SURF7Y: Ha "lord Fire Insurance Company BY: --------------------- - ---- Signature Robert _ Robert B. Fiss, Attorney -in -Fact Name arid. Title .Address: 5225 W. 75th Street, Suite 200 Shawnee Mission, K5 bbZUt5 Telephone Number., 913-396-0800 37 *Note: if signed by an officer of die Surety Company, there must be on file a certified extract .. 38 from the by-laws showing that this person has authority to sign such obligation. if 39 Surety's physical address is different trorn its mailing address, both must be provide. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 M ca71'S rfoirrwowrii IR4At:1[IR4i1RFA0:OVERLAY (MIM) :iT�lA1f)ARf) (,'hNSI RUC'I'i[7 v 43'r:(.'11 K';1 i[ON t VL1Mi,N IS Q'13b3 Revised 7nh' i- 2011 Direct lnquirieVCfafms to: PO ER OF ATTORNEY THE HART-4 BGNO, 7-4 One Hartford Plaza Hartford, Connecticut 06166 call: 888-266,3488 or fax- 860-7574835 KNOW ALL PERSONS BY THESE PRESENTS THAT.: Agency Code: 37-281099 Hartford Fire Insurance Company, a corporation duly organizcd under:he laws of dte State ofCunnccticut XD Hartford Casualty insurance Company, a corporation duly organized under the laws ofthe State of Indiana OHartford Accident and indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters insurance Company, a corporation duly orgivi&e t under the laws of the State of Connecticut u Twin City Fire insurance Comparty, a corporation duly organized under the lau%of the State of Indiana Hartford insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois O Hartford Insurance -Company of the Midwest, a corpnration duly er+taaized under the laws of the State of Indiana Hartford insurance Company of the Southeast, a corporation duly orgauiztAd uexler the laws ofrho State of Florida having their horse office in.Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimitaai: Conya C. Hards of Fort Worth TX,' - Robert B. Fiss, Scott 4 Fiss, Droste D. 1.4ihedge. Melissa L. Cry, Patrice hf. Larsen, Judfth A. Page.of Shawnee Mission, KS their true and iavrful Attomey(s)=in-Fact. each in their separate capacity if more than one is named above, to sign its name as sursty(ies) only as delineated above by 0. and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted En any actions or proceedings allowed by law. fn Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Reselut!on of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. .a '"�� � � w.`4nnm�'ja • �ytM��' St.;;: 19'f 4 p- �.: 1p i9 �` r �fi` T ••!4 Wesley W. Cowling, Assistant Secretary M. Ross Fisher, Assistant Vice President STATE OF CONNECTICi1T HartfordCOUNTY OF HARTl`ORD On this 3'u day of November, 200E, before me personally came M. Ross Fisher. to me known, who being by me duly sworn, did depose and say: that he resides in the County o€ Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations r described in and which executed the above instrument', that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. 0�- NiNory Fhitdio CERMCAIV Sid•Corrmissiiml:.\piresOLlotror31.2U 2 I, the undersigned, Assistant Vice president of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the.Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. ,A PR ' 1 7 20 1? �•�� + $� ':'.tt.t.,...:: r 14s!" ras ,>•awer� l�Iy7wc.ti'iri %r v:aR"r'g�� 247Y Gary tdtt. $tumper, Assistant Vice President IF ii s s April 23, 2012 r City of Fort Worth, Texas 1000 Throckmorton Street Fort Worth, TX 76102 M Re: Cutler Repaving, Inc. Bond #37BCSGF7119 Gentlemen: This is your authority to date the enclosed bonds and power of attorney to coincide with the contract date once it is dated. APR 1 7 2�01" We would appreciate a copy of the dated onds and contract. Sincerely, Robert B. Fiss Attorney -in -Fact 5225 West 75th Street, Suite 200 Shawnee Mission, KS 66208 Ph: 913.396.0800 Fx: 913.396.0835 www.johnstonfiss.com STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology..........................................................................................................1 1.01 Defined Terms...............................................................................................................................1 i 1.02 Terminology..................................................................................................................................6 Article 2 — Preliminary Matters ...................... ........... 7 ........................................................................................ 2.01 Copies of Documents.................................................................................................................... 7 2.02 Commencement of Contract Time; Notice to Proceed................................................................ 7 2.03 Starting the Work ................................................... ............... 8 ........................................................ 2.04 Before Starting Construction........................................................................................................ 8 2.05 Preconstruction Conference.......................................................................................................... 8 2.06 Public Meeting.............................................................................................................................. 8 2.07 Initial Acceptance of Schedules.................................................................................................... 8 Article 3 — Contract Documents: Intent, Amending, Reuse............................................................................ 8 3.01 Intent.............................................................................................................................................. 8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies....................................................................................... 9 Imp 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................11 .. Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points...........................................................................................................11 4.01 Availability of Lands 11 4.02 Subsurface and Physical Conditions..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities...............................................................................................................13 4.05 Reference Points.........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article5 — Bonds and Insurance.....................................................................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance, Payment, and Maintenance Bonds.......................................................................16 R- 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 �- Article 6 — Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 i CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 6.02 Labor; Working Hours.................................................................................... 6.03 Services, Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and "Or-Equals"....................................................................................................... 21 6.06 Concerning Subcontractors, Suppliers, and Others....................................................................24 6.07 Wage Rates ....................................... .................. .......................................................................... 25 6.08 Patent Fees and Royalties..................................26 ......................................................................... 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes...........................................................................................................................................28 6.12 Use of Site and Other Areas.......................................................................................................28 6.13 Record Documents......................................................................................................................29 «r 6.14 Safety and Protection..................................................................................................................29 6.15 Safety Representative.................................................................................................................. 30 6.16 Hazard Communication Programs.............................................................................................30 6.17 Emergencies and/or Rectification............................................................................................... 30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work................................................................................................................... 32 6,20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification.........................................................................................................................33 6.22 Delegation of Professional Design Services.............................................................................. 34 4M 6.23 Right to Audit..............................................................................................................................34 6.24 Nondiscrimination.......................................................................................................................35 Article 7 - Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 N' Article 8 - City's Responsibilities................................................................................................................... 36 8.01 Communications to Contractor................................................................................................... 36 8.02 Furnish Data................................................................................................................................36 " 8.03 Pay When Due 8.04 Lands and Easements; Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections, Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities....................................................................................... 37 8.08 Undisclosed Hazardous Environmental Condition.................................................................... 37 *� 8.09 Compliance with Safety Program...............................................................................................37 Article 9 - City's Observation Status During Construction...........................................................................37 .« 9,01 City's Project Representative.....................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 W dM Article 10 - Changes in the Work; Claims; Extra Work................................................................................38 10.01 Authorized Changes in the Work............................................................................................... 38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders....................................................................................................... 39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety ..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 rw Article 11 - Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement ......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12 - Change of Contract Price; Change of Contract Time................................................................. 46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ......................48 13.01 Notice of Defects........................................................................................................................48 13.02 Access to Work........................................................................................................................... 48 13.03 Tests and Inspections.................................................................................................................. 48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work......................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................ 50 13.08 Acceptance of Defective Work................................................................................................... 51 13.09 City May Correct Defective Work............................................................................................. 51 , Article 14 - Payments to Contractor and Completion.................................................................................... 52 14.01 Schedule of Values.......................................................................................................................52 14.02 Progress Payments...................................................................................................................... 52 14.03 Contractor's Warranty of Title................................................................................................... 54 14.04 Partial Utilization........................................................................................................................ 55 - 14.05 Final Inspection......................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..........................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article 15 - Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work............................................................................................................. 57 15.02 City May Terminate for Cause................................................................................................... 58 15.03 City May Terminate For Convenience.......................................................................................60 Article16 - Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures..............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 Mt Article17 — Miscellaneous..............................................................................................................................62 17.01 Giving Notice..............................................................................................................................62 17.02 Computation of Times................................................................................................................ 62 "` 17.03 Cumulative Remedies 62 ................................................................................................................. 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings......................................................................................................................................63 oft OR CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 wr 007200-1 GENERAL CONDITIONS Pagel of 62 ARTICLE I - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with �- the definition of a listed -defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment —The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents, 4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award- Authorization by the City Council for the City to enter into an Agreement. 6. Bid- -The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidden -The individual or entity who submits a Bid directly to City. 8. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements —The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day - A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Buzzsaw - City's on-line, electronic document management and collaboration system. 12. Calendar Day - A day consisting of 24 hours measured from midnight to the next midnight. CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIF7CATION DOCUMENTS Revised: November 9, 2011 007200-2 GENERAL CONDITIONS Page 2 of 62 13. Change Order —A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City— The City of Fort Worth, Texas, a home -rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager — The officially appointed and authorized City Manager of the City of Fort ,. Worth, Texas, or his duly authorized representative. 18. Contract Claim —A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 19. Contract —The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 20, Contract Documents —Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price —The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time —The number of days or the dates stated in the Agreement to: (i) achieve T Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance. 23. Contractor —The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work —See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-3 GENERAL CONDITIONS Page 3 of 62 25. Damage Claims — A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 26. Day or day — A day, unless otherwise defined, shall mean a Calendar Day. 27. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director of Planning and Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed _ representative, assistant, or agents. 30. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the .City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. Director of Water Department — The officially appointed Director of the Water Department — of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 32. Drawings —That part of the Contract Documents prepared or approved by Engineer which -- graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. _ 34. Engineer —The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36. Field Order —A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. -- 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. t CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-4 GENERAL CONDITIONS Page 4 of 62 38. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements —Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste —Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. .. 42. Laws and Regulations —Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens --Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item — An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 45. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award —The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed —A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs —Polychlorinated biphenyls. 49. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 50. Plans — See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-5 GENERAL CONDITIONS Page 5 of 62 51. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project —The Work to be performed under the Contract Documents. 53. Project Representative —The authorized representative of the City who will be assigned to the Site. — 54. Public Meeting — An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 56. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 57. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. _ 58. Schedule of Submittals --A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values --A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site —Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 MR 007200-6 GENERAL CONDITIONS Page 6 of 62 63. Submittals All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder —The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. �- 65. Superintendent — The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor, 68. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. -- 69. Unit Price Work —See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.023 through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-7 GENERAL CONDITIONS Page 7 of 62 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: �. a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time; Notice to Proceed _. The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November.9, 2011 00 72 00 - 8 GENERAL CONDITIONS Page 8 of 62 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-9 GENERAL CONDITIONS Page 9 of 62 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims, E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification — section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its - officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. — 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 10 GENERAL CONDITIONS Page 10 of 62 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 11 GENERAL CONDITIONS Page 11 of 62 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CFFY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-12 GENERAL CONDITIONS Page 12 of 62 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports. and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 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 SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 13 GENERAL CONDITIONS Page 13 of 62 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or ._ 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or Indicated.• The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: — 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and �- 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 14 GENERAL CONDITIONS Page 14 of 62 y Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-15 GENERAL CONDITIONS Page 15 of 62 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. —, D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a - reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold _ harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 -16 GENERAL CONDITIONS Page 16 of 62 ARTICLE 5 — BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as.may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government -. Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on all liability policies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 -17 GENERAL CONDITIONS Page 17 of 62 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 18 GENERAL CONDITIONS Page 18 of 62 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. ~ 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly - or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering 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 CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-19 GENERAL CONDITIONS Page 19 of 62 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", — defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-20 GENERAL CONDITIONS Page 20 of 62 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on _ behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of " construction. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without _ City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding 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 Y A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-21 GENERAL CONDITIONS Page 21 of 62 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result t in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 01 32 16. 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. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-22 GENERAL CONDITIONS Page 22 of 62 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: Y 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ,, Revised: November 9, 2011 007200-23 GENERAL CONDITIONS Page 23 of 62 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales, maintenance, repair, and replacement services; and — 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall — indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not City _ approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 24 GENERAL CONDITIONS Page 24 of 62 G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Minority and Women Owned Business Enterprise Compliance: It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City's MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract in accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, ' Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS y Revised: November 9, 2011 007200-25 GENERAL CONDITIONS Page 25 of 62 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the " rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each -^ calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas _ Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 26 GENERAL CONDITIONS Page 26 of 62 D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258,023, Texas Government Cade, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 1 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 final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acgeptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 27 GENERAL CONDITIONS ..• Page 27 of 62 the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The _ following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply, with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all -� CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised. November 9, 2011 00 72 00 - 28 GENERAL CONDITIONS Page 28 of 62 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. htty://www.window.state.tx.us/taxinfo/taxforms/93-forms.htmi 6.12 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and. Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is y necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 4, 2011 007200-29 GENERAL CONDITIONS Page 29 of 62 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place.at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change — Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. _ 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-30 GENERAL CONDITIONS Page 30 of 62 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of r persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 r 007200-31 GENERAL CONDITIONS Page 31 of 62 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For -Information -Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-32 GENERAL CONDITIONS Page 32 of 62 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 33 GENERAL CONDITIONS Page 33 of 62 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4, use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.B. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or - destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS - CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-34 GENERAL CONDITIONS Page 34 of 62 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 6.22 Delegation'of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 35 GENERAL CONDITIONS Page 35 of 62 Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- -. related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national - origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of _ the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility _ owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of _ others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-36 GENERAL CONDITIONS Page 36 of 62 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 identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and _ 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8 — CITY'S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements; Reports and Tests City's duties with respect to providing 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-37 GENERAL CONDITIONS Page 37 of 62 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. The Project Representative(s) will be as provided in the Supplementary Conditions. 9.02 Visits to Site A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. — City's Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 20I I 007200-38 GENERAL CONDITIONS Page 38 of 62 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 Work Performed Contractor 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 — CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS r Revised: November 9, 2011 00 72 00 - 39 GENERAL CONDITIONS Page 39 of 62 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2, changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. -� CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-40 GENERAL CONDITIONS Page 40 of 62 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant's last submittal (unless Contract allows additional time). C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract 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 purposes of further z resolution of the Contract Claim, such notice shall be deemed a denial. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-41 GENERAL CONDITIONS — Page 41 of 62 D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or _ Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS — QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs Included.- The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.13, and shall _ include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized �. by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs _ of transportation and storage thereof, and Suppliers' field services required in connection therewith. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 42 GENERAL CONDITIONS Page 42 of 62 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following; a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such 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 SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-43 GENERAL CONDITIONS Page 43 of 62 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0I.A.1 or specifically covered by Paragraph 11.0I .A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the S ite. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the -- Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre -bid Allowances: 1. Contractor agrees that: CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 44 GENERAL CONDITIONS Page 44 of 62 a. the pre -bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre -bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities. The City reserves the right to order Extra Work in accordance with Paragraph 10.01. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 45 GENERAL CONDITIONS Page 45 of 62 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25% from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plans Quantity Measurement A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than i 25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be _ made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 46 GENERAL CONDITIONS Page 46 of 62 E. For callout work or non -site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 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 items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.0I.C). C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2, if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0l.A.1, 11.0l.A.2. and 11.01.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.0LAA and 11.01.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 12.0l.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 47 GENERAL CONDITIONS Page 47 of 62 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0l.A.1 and 11.0l.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0I.A.6, and 11.01.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 critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as — contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God, Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-48 GENERAL CONDITIONS Page 48 of 62 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 thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 49 GENERAL CONDITIONS Page 49 of 62 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all _ costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any — CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 50 GENERAL CONDITIONS Page 50 of 62 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-51 GENERAL CONDITIONS Page 51 of 62 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or } removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim, pursuant to Paragraph 10.06. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to R accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all _ court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, _. after seven (7) days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed t. expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 52 GENERAL CONDITIONS Page 52 of 62 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications 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 or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 .+ 00 72 00 - 53 GENERAL CONDITIONS M1. Page 53 of 62 B. Review of Applications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules, that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, _ and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: _ a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by .City or entitle City to withhold payment to Contractor, or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or _ CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 54 GENERAL CONDITIONS Page 54 of 62 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the City. 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 in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 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 shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-55 GENERAL CONDITIONS -- Page 55 of 62 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification of the City and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will resume. 14.06 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-56 GENERAL CONDITIONS Page 56 of 62 14.07 Final Payment A. Application for Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any, to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B. Payment Becomes Due: 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 Retannage Relegse A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.O2.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 SPECIFICATION DOCUMENTS a Revised: November 9, 2011 00 72 00 - 57 GENERAL CONDITIONS Page 57 of 62 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow constructionto proceed is not _ available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor maybe reimbursed for the cost of moving his equipment off the job and returning the '^ necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-58 GENERAL CONDITIONS Page 58 of 62 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following events by way of example, but not of limitation, may justify termination for cause: 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 MWBE ordinance established under Paragraph 6.06.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 4, 2011 00 72 00 - 59 GENERAL CONDITIONS Page 59 of 62 obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.023, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any _ retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 60 GENERAL CONDITIONS Page 60 of 62 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b, the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-61 GENERAL CONDITIONS Page 61 of 62 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a — denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 PW 007200-62 GENERAL CONDITIONS Page 62 of 62 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 4 process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of Mft competent jurisdiction. on ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice _ A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the ke corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 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. EA Cn'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS an Revised: November 9, 2011 i 007200-63 GENERAL CONDITIONS Page 63 of 62 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings -~ Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 73 00 - 1 SUPPLEMENTARY CONDITIONS 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS Supplementary Conditions Page 1 of 5 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect, Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-3.03B.2, "Resolving Discrepancies" Plans govern over Specifications and Specifications shall govern over standard details. SC-4.01 A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.01A.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 January 30, 2012: Outstanding Right -Of -Way, and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION "None" The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations. SC-4.01A.2, "Availability of Lands" CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30, 2012 HMAC HIR SURFACE OVERLAY (2012-2) 01864 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 007300-2 SUPPLEMENTARY CONDITIONS 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 January 30, 2012. EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT "None" N/A N/A 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: "None" The following are drawings of physical conditions in or relating to existing 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 existing hazardous environmental conditions known to the City: "None" SC-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 accident/occurrence $100,000 Disease - each employee $500, 000 Disease - policy limit SC-5.04B., "Contractor's Insurance" CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30, 2012 HMAC HIR SURFACE OVERLAY (2012-2) 01864 007300-3 SUPPLEMENTARY CONDITIONS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Page 3 of 5 5.0413. Commercial General Liability, under Paragraph GC-5.0413. Contractor's Liability Insurance under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with minimum limits of: $1,000,000 each occurrence $2, 000, 000 aggregate limit The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 5.04C., "Contractor's Insurance" 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: (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: "None ". The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a "Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right -of -entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: (1) General Aggregate: $NIA (2) Each Occurrence: $ N/A _ Required for this Contract X Not required for this Contract With respect to the above outlined insurance requirements, the following shall govern: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30, 2012 HMAC HIR SURFACE OVERLAY (2012-2) 01864 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 00 73 00 - 4 SUPPLEMENTARY CONDITIONS Page 4 of 5 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at -grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. 2. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights -of -way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. 3. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at - grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. SC-6.04., "Project Schedule" Project schedule shall be tier 3 for the project. SC-6.07.,"Wage Rates" The following is the prevailing wage rate table(s) applicable to this project and is provided in the Appendixes: GC — 6.07 SC-6.09., "Permits and Utilities" SC-6.09A., "Contractor obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: Street Use Permit" 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: "None ". SC-6.09C. "Outstanding permits and licenses" The following is a list of known outstanding permits and/or licenses to be acquired, if any as of January 30, 2012: Outstanding Permits and/or Licenses to Be Acquired CITY OF FORT WORTH HMAC HIR SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised January 30, 2012 007300-5 SUPPLEMENTARY CONDITIONS Page 5 of 5 OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION "None" 1 w 2 3 SC-7.02., "Coordination" 4 5 The individuals or entities listed below have contracts with the City for the performance of other work at 6 the Site: 7 Vendor Scope of Work Coordination Authority "None" "None" "None" j 8 9 10 SC-8.01, "Communications to Contractor" 11 12 Section 01 5813 Temporary Project Signage 13 14 During construction, two project signs shall be provided for each street under construction 15 16 All removed material/debris must be hauled off to a suitable dumpsite within the same day 17 18 Contractor shall saw -cut curb & gutter and/or pavement prior to removal 19 20 Contractor shall backfill behind the curb, driveways, sidewalks, ADA ramps and etc. within five days 21 from the date of completion 22 23 24 25 SC-9.01., "City's Project Representative" 26 27 The following firm is a consultant to the City responsible for construction management of this Project: 28 "None" 29 30 SC-13.03C., "Tests and Inspections" 31 "None" 32 33 SC-16.01C.1, "Methods and Procedures" 34 "None" 35 36 37 38 END OF SECTION — CITY OF FORT WORTH HMAC HIR SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised January 30, 2012 SECTION 01 1100 SUMMARY OF WORK 3 PART1- GENERAL 4 1.1 SUMMARY 011100-1 SUMMARY OF WORK Page I of 3 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to" 10 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 11 2. Division 1 - General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Work Covered by Contract Documents 19 1. Work is to include furnishing all labor, materials, and equipment, and performing 20 all Work necessary for this construction project as detailed in the Drawings and 21 Specifications. 22 B. Subsidiary Work 23 1. Any and all Work specifically governed by documentary requirements for the 24 project, such as conditions imposed by the Drawings or Contract Documents in 25 which no specific item for bid has been provided for in the Proposal and the item is 26 not a typical unit bid item included on the standard bid item list, then the item shall 27 be considered as a subsidiary item of Work, the cost of which shall be included in 28 the price bid in the Proposal for various bid items. 29 C. Use of Premises 30 1. Coordinate uses of premises under direction of the City. 31 2. Assume full responsibility for protection and safekeeping of materials and 32 equipment stored on the Site. 33 3. Use and occupy only portions of the public streets and alleys, or other public places 34 or other rights -of -way as provided for in the ordinances of the City, as shown in the 35 Contract Documents, or as may be specifically authorized in writing by the City. 36 a. A reasonable amount of tools, materials, and equipment for construction 37 purposes may be stored in such space, but no more than is necessary to avoid 38 delay in the construction operations. CITY OF FORT WORTH HMAC HIR SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 01 11 00-2 SUMMARY OF WORK Page 2 of 3 b. Excavated and waste materials shall be stored in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. c. If the street is occupied by railroad tracks, the Work shall be carried on in such manner as not to interfere with the operation of the railroad. 1) All Work shall be in accordance with railroad requirements set forth in Division 0 as well as the railroad permit. D. Work within Easements I . Do not enter upon private property for any purpose without having previously obtained permission from the owner of such property. 2. Do not store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the City. 3. Unless specifically provided otherwise, clear all rights -of -way or easements of obstructions which must be removed to make possible proper prosecution of the Work as a part of the project construction operations. 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the Work. 5. Notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the Work. a. Such notice shall be made at least 48 hours in advance of the beginning of the Work. b. Notices shall be applicable to both public and private utility companies and any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the Work. c. Be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the Work, or at any time due to defective work, material, or equipment. 6. Fence a. Restore all fences encountered and removed during construction of the Project to the original or a better than original condition. b. Erect temporary fencing in place of the fencing removed whenever the Work is not in progress and when the site is vacated overnight, and/or at all times to provide site security. c. The cost for all fence work 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 01 11 00-3 SUMMARY OF WORK Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 CITY OF FORT WORTH HMAC HIR SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1, 2011 1 = 2 Mq i M i 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 01 31 19 PRECONSTRUCTION MEETING 013119-1 PRECONSTRUCTION MEETING Page 1 of 3 5 A. Section Includes: 6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 7 clarify construction contract administration procedures 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 — General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Coordination 20 1. Attend preconstruction meeting. 21 2. Representatives of Contractor, subcontractors and suppliers attending meetings 22 shall be qualified and authorized to act on behalf of the entity each represents. 23 3. Meeting administered by City may be tape recorded. 24 a. If recorded, tapes will be used to prepare minutes and retained by City for 25 future reference. 26 B. Preconstruction Meeting 27 1. A preconstruction meeting will be held within 14 days after the execution of the 28 Agreement and before Work is started. 29 a. The meeting will be scheduled and administered by the City. 30 2. The Project Representative will preside at the meeting, prepare the notes of the 31 meeting and distribute copies of same to all participants who so request by fully 32 completing the attendance form to be circulated at the beginning of the meeting. 33 3. Attendance shall include: 34 a. Project Representative 35 b. Contractor's project manager 36 c. Contractor's superintendent 37 d. Any subcontractor or supplier representatives whom the Contractor may desire 38 to invite or the City may request CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 MO 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 0131 19 - 2 PRECONSTRUCTION MEETING Page 2 of 3 e. Other City representatives f. Others as appropriate 4. Construction Schedule a. Prepare baseline construction schedule in accordance with Section 0132 16 and provide at Preconstruction Meeting. b. City will notify Contractor of any schedule changes upon Notice of Preconstruction Meeting. 5. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor's work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material I. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre -Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City's representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. M/WBE procedures hh. Final Acceptance ii. Final Payment jj. Questions or Comments CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 r. pm pm WA i 01 31 19 - 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 ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 13 i i i Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 013120-1 PROJECT MEETINGS Page 1 of 3 1 SECTION 013120 2 PROJECT MEETINGS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for project meetings throughout the construction period to enable orderly 7 review of the progress of the Work and to provide for systematic discussion of 8 potential problems 9 B. Deviations this City of Fort Worth Standard Specification 10 1. None. 11 C. Related Specification Sections include, but are not necessarily limited to: 12 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 13 2. Division 1 — General Requirements 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 A. Coordination 1. Schedule, attend and administer as specified, periodic progress meetings, and specially called meetings throughout progress of the Work. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meetings administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. 4. Meetings, in addition to those specified in this Section, may be held when requested by the City, Engineer or Contractor. B. Pre -Construction Neighborhood Meeting 1. After the execution of the Agreement, but before construction is allowed to begin, attend 1 Public Meeting with affected residents to: a. Present projected schedule, including construction start date b. Answer any construction related questions 2. Meeting Location a. Location of meeting to be determined by the City. 3. Attendees a. Contractor CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HMAC HER SURFACE OVERLAY (2012-2) 01864 013120-2 PROJECT MEETINGS Page 2 of 3 1 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 C. Progress Meetings 8 1. Formal project coordination meetings will be held periodically. Meetings will be 9 scheduled and administered by Project Representative. 10 2. Additional progress meetings to discuss specific topics will be conducted on an as - II needed -basis. Such additional meetings shall include, but not be limited to: 12 a. Coordinating shutdowns 13 b. Installation of piping and equipment 14 c. Coordination between other construction projects 15 d. Resolution of construction issues 16 e. Equipment approval 17 3. The Project Representative will preside at progress meetings, prepare the notes of 18 the meeting and distribute copies of the same to all participants who so request by 19 fully completing the attendance form to be circulated at the beginning of each 20 meeting. 21 4. Attendance shall include: 22 a. Contractor's project manager 23 b. Contractor's superintendent 24 c. Any subcontractor or supplier representatives whom the Contractor may desire 25 to invite or the City may request 26 d. Engineer's representatives 27 e. City's representatives 28 f. Others, as requested by the Project Representative 29 5. Preliminary Agenda may include: 30 a. Review of Work progress since previous meeting 31 b. Field observations, problems, conflicts 32 c. Items which impede construction schedule 33 d. Review of off -site fabrication, delivery schedules 34 e. Review of construction interfacing and sequencing requirements with other 35 construction contracts 36 f. Corrective measures and procedures to regain projected schedule 37 g. Revisions to construction schedule 38 h. Progress, schedule, during succeeding Work period 39 i. Coordination of schedules 40 j. Review submittal schedules 41 k. Maintenance of quality standards 42 1. Pending changes and substitutions 43 m. Review proposed changes for: 44 1) Effect on construction schedule and on completion date 45 2) Effect on other contracts of the Project 46 n. Review Record Documents 47 o. Review monthly pay request 48 p. Review status of Requests for Information CITY OF FORT WORTH HMAC HIR SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1, 2011 01 31 20 - 3 PROJECT MEETINGS Page 3 of 3 1 6. Meeting Schedule 2 a. Progress meetings will be held periodically as determined by the Project 3 Representative. 4 1) Additional meetings may be held at the request of the: 5 a) City 6 b) Engineer 7 c) Contractor 8 7. Meeting Location 9 a. The City will establish a meeting location. 10 1) To the extent practicable, meetings will be held at the Site. 11 1.5 SUBMITTALS [NOT USED] 12 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 13 1.7 CLOSEOUT SUBMITTALS [NOT USED] 14 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 15 1.9 QUALITY ASSURANCE [NOT USED] 16 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 17 1.11 FIELD [SITE] CONDITIONS [NOT USED] 18 1.12 WARRANTY [NOT USED] 19 PART 2 - PRODUCTS [NOT USED] 20 PART 3 - EXECUTION [NOT USED] 21 END OF SECTION 22 Revision Log DATE NAME SUMMARY OF CHANGE 23 CITY OF FORT WORTH HMAC HIR SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1, 2011 013216-I CONSTRUCTION PROGRESS SCHEDULE Page I of 5 1 SECTION 0132 16 2 CONSTRUCTION PROGRESS SCHEDULE 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. General requirements for the preparation, submittal, updating, status reporting and 7 management of the Construction Progress Schedule .� 8 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance 9 Document 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: -d 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 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Definitions 21 1. Schedule Tiers 22 a. Tier 1 - No schedule submittal required by contract. Small, brief duration 23 projects 24 b. Tier 2 - No schedule submittal required by contract, but will require some 25 milestone dates. Small, brief duration projects 26 c. Tier 3 - Schedule submittal required by contract as described in the 27 Specification and herein. Majority of City projects, including all bond program 28 projects 29 d. Tier 4 - Schedule submittal required by contract as described in the 30 Specification and herein. Large and/or complex projects with long durations 31 1) Examples: large water pump station project and associated pipeline with 32 interconnection to another governmental entity _ 33 e. Tier 5 - Schedule submittal required by contract as described in the 34 Specification and herein. Large and/or very complex projects with long 35 durations, high public visibility 36 1) Examples might include a water or wastewater treatment plant 37 2. Baseline Schedule - Initial schedule submitted before work begins that will serve 38 as the baseline for measuring progress and departures from the schedule. 39 3. Progress Schedule - Monthly submittal of a progress schedule documenting 40 progress on the project and any changes anticipated. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 0132 16 - 2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 I 4. Schedule Narrative - Concise narrative of the schedule including schedule 2 changes, expected delays, key schedule issues, critical path items, etc 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. 1 I 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 B. Progress Schedule 17 1. Update the progress Schedule monthly as required in the City of Fort Worth 18 Schedule Guidance Document. 19 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 20 3. Change Orders 21 a. Incorporate approved change orders, resulting in a change of contract time, in 22 the baseline Schedule in accordance with City of Fort Worth Schedule 23 Guidance Document. 24 C. Responsibility for Schedule Compliance 25 1. Whenever it becomes apparent from the current progress Schedule and CPM Status 26 Report that delays to the critical path have resulted and the Contract completion 27 date will not be met, or when so directed by the City, make some or all of the 28 following actions at no additional cost to the City 29 a. Submit a Recovery Plan to the City for approval revised baseline Schedule 30 outlining: 31 1) A written statement of the steps intended to take to remove or arrest the 32 delay to the critical path in the approved schedule 33 2) Increase construction manpower in such quantities and crafts as will 34 substantially eliminate the backlog of work and return current Schedule to 35 meet projected baseline completion dates 36 3) Increase the number of working hours per shift, shifts per day, working 37 days per week, the amount of construction equipment, or any combination 38 of the foregoing, sufficiently to substantially eliminate the backlog of work 39 4) Reschedule activities to achieve maximum practical concurrency of 40 accomplishment of activities, and comply with the revised schedule 41 2. If no written statement of the steps intended to take is submitted when so requested 42 by the City, the City may direct the Contractor to increase the level of effort in 43 manpower (trades), equipment and work schedule (overtime, weekend and holiday 44 work, etc.) to be employed by the Contractor in order to remove or arrest the delay 45 to the critical path in the approved schedule. 46 a. No additional cost for such work will be considered. CITY OF FORT WORTH HMAC HIR SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1, 2011 013216-3 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 1 D. The Contract completion time will be adjusted only for causes specified in this 2 Contract. 3 a. Requests for an extension of any Contract completion date must be 4 supplemented with the following: 5 1) Furnish justification and supporting evidence as the City may deem 6 necessary to determine whether the requested extension of time is entitled 7 under the provisions of this Contract. 8 a) The City will, after receipt of such justification and supporting 9 evidence, make findings of fact and will advise the Contractor, in 10 writing thereof, 11 2) If the City finds that the requested extension of time is entitled, the City's 12 determination as to the total number of days allowed for the extensions 13 shall be based upon the approved total baseline schedule and on all data 14 relevant to the extension. 15 a) Such data shall be included in the next updating of the Progress 16 schedule. 17 b) Actual delays in activities which, according to the Baseline schedule, 18 do not affect any Contract completion date shown by the critical path in 19 the network will not be the basis for a change therein. 20 2. Submit each request for change in Contract completion date to the City within 30 21 days after the beginning of the delay for which a time extension is requested but 22 before the date of final payment under this Contract. 23 a. No time extension will be granted for requests which are not submitted within 24 the foregoing time limit. 25 b. From time to time, it may be necessary for the Contract schedule or completion 26 time to be adjusted by the City to reflect the effects of job conditions, weather, 27 technical difficulties, strikes, unavoidable delays on the part of the City or its 28 representatives, and other unforeseeable conditions which may indicate 29 schedule adjustments or completion time extensions. 30 1) Under such conditions, the City will direct the Contractor to reschedule the 31 work or Contract completion time to reflect the changed conditions and the 32 Contractor shall revise his schedule accordingly. 33 a) No additional compensation will be made to the Contractor for such 34 schedule changes except for unavoidable overall contract time 35 extensions beyond the actual completion of unaffected work, in which 36 case the Contractor shall take all possible action to minimize any time 37 extension and any additional cost to the City. 38 b) Available float time in the Baseline schedule may be used by the City 39 as well as by the Contractor. 40 3. Float or slack time is defined as the amount of time between the earliest start date 41 and the latest start date or between the earliest finish date and the latest finish date 42 of a chain of activities on the Baseline Schedule. 43 a. Float or slack time is not for the exclusive use or benefit of either the 44 Contractor or the City. 45 b. Proceed with work according to early start dates, and the City shall have the 46 right to reserve and apportion float time according to the needs of the project. CITY OF FORT WORTH HMAC HIR SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1, 2011 ri 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 013216-4 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 c. Acknowledge and agree that actual delays, affecting paths of activities containing float time, will not have any effect upon contract completion times, providing that the actual delay does not exceed the float time associated with those activities. E. Coordinating Schedule with Other Contract Schedules l . 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 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 A. Baseline Schedule 1. 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) 2. Submit draft baseline Schedule to City prior to the pre -construction meeting and bring in hard copy to the meeting for review and discussion. B. Progress Schedule 1. Submit progress Schedule in native file format and pdf format as required in the City of Fort Worth Schedule Guidance Document. 2. Submit progress Schedule monthly no later than the last day of the month. C. Schedule Narrative 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth Schedule Guidance Document. 2. Submit schedule narrative monthly no later than the last day of the month. D. Submittal Process 1. The City administers and manages schedules through Buzzsaw. 2. Contractor shall submit documents as required in the City of Fort Worth Schedule Guidance Document. 3. Once the project has been completed and Final Acceptance has been issued by the City, no further progress schedules are required. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 r� 013216-5 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE 5 A. The person preparing and revising the construction Progress Schedule shall be 6 experienced in the preparation of schedules of similar complexity. 7 B. Schedule and supporting documents addressed in this Specification shall be prepared, 8 updated and revised to accurately reflect the performance of the construction. 9 C. Contractor is responsible for the quality of all submittals in this section meeting the 10 standard of care for the construction industry for similar projects. 11 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 12 1.11 FIELD [SITE] CONDITIONS [NOT USED] 13 1.12 WARRANTY [NOT USED] 14 PART 2 - PRODUCTS [NOT USED] 15 PART 3 - EXECUTION [NOT USED] 16 END OF SECTION 17 18 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HMAC HIR SURFACE OVERLAY (20I2-2) 01864 .w 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 01 32 33 - 1 PRECONSTRUCTION VIDEO Page I of 2 SECTION 0132 33 PRECONSTRUCTION VIDEO 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1-- General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 01 32 33 - 2 PRECONSTRUCTION VIDEO Page 2 of 2 1 PART 3 - EXECUTION [NOT USED] 2 END OF SECTION 3 Revision Log DATE NAME SUMMARY OF CHANGE 4 CITY OF FORT WORTH HMAC HIR SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1, 2011 w. 014523-1 TESTING AND INSPECTION SERVICES Page 1 of 2 W- 1 SECTION 0145 23 2 TESTING AND INSPECTION SERVICES 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Testing and inspection services procedures and coordination 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 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 a. Contractor is responsible for performing, coordinating, and payment of all 17 Quality Control testing. 18 b. City is responsible for performing and payment for first set of Quality 19 Assurance testing. 20 1) If the first Quality Assurance test performed by the City fails, the 21 Contractor is responsible for payment of subsequent Quality Assurance 22 testing until a passing test occurs. 23 a) Final acceptance will not be issued by City until all required payments 24 for testing by Contractor have been paid in full. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Testing 28 1. Complete testing in accordance with the Contract Documents. 29 2. Coordination 30 a. When testing is required to be performed by the City, notify City, sufficiently 31 in advance, when testing is needed. 32 b. When testing is required to be completed by the Contractor, notify City, 33 sufficiently in advance, that testing will be performed. 34 3. Distribution of Testing Reports 35 a. Electronic Distribution 36 1) Confirm development of Project directory for electronic submittals to be 37 uploaded to City's Buzzsaw site, or another external FTP site approved by 38 the City. CITY OF FORT WORTH HMAC HIR SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1, 2011 r w J00 ft 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 01 45 23 -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 ail submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City's Project Representative 4. Provide City's Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] 27 PART 3 - EXECUTION [NOT USED] 28 END OF SECTION 29 Revision Log DATE NAME SUMMARY OF CHANGE 30 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 01 50 00 - 1 TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 1 SECTION 0150 00 2 TEMPORARY FACILITIES AND CONTROLS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provide temporary facilities and controls needed for the Work including, but not 7 necessarily limited to: 8 a. Temporary utilities 9 b. Sanitary facilities 10 c. Storage Sheds and Buildings 11 d. Dust control 12 e. Temporary fencing of the construction site 13 B. Deviations from this City of Fort Worth Standard Specification 14 1. None. 15 C. Related Specification Sections include, but are not necessarily limited to: 16 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division 1 — General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various Items bid. 21 No separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Temporary Utilities 25 1. Obtaining Temporary Service 26 a. Make arrangements with utility service companies for temporary services. 27 b. Abide by rules and regulations of utility service companies or authorities 28 having jurisdiction. 29 c. Be responsible for utility service costs until Work is approved for Final 30 Acceptance. 31 1) Included are fuel, power, light, heat and other utility services necessary for 32 execution, completion, testing and initial operation of Work. 33 2. Water 34 a. Contractor to provide water required for and in connection with Work to be 35 performed and for specified tests of piping, equipment, devices or other use as 36 required for the completion of the Work. 37 b. Provide and maintain adequate supply of potable water for domestic 38 consumption by Contractor personnel and City's Project Representatives. 39 c. Coordination 40 1) Contact City 1 week before water for construction is desired CITY OF FORT WORTH HMAC HIR SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1, 2011 w 01 50 00 - 2 TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 1 d. Contractor Payment for Construction Water 2 1) Obtain construction water meter from City for payment as billed by City's 3 established rates. 4 3. Electricity and Lighting 5 a. Provide and pay for electric powered service as required for Work, including 6 testing of Work. 7 1) Provide power for lighting, operation of equipment, or other use. 8 b. Electric power service includes temporary power service or generator to 9 maintain operations during scheduled shutdown. 10 4. Telephone 11 a. Provide emergency telephone service at Site for use by Contractor personnel 12 and others performing work or furnishing services at Site. 13 5. Temporary Heat and Ventilation 14 a. Provide temporary heat as necessary for protection or completion of Work. 15 b. Provide temporary heat and ventilation to assure safe working conditions. 16 B. Sanitary Facilities 17 1. Provide and maintain sanitary facilities for persons on Site. 18 a. Comply with regulations of State and local departments of health. 19 2. Enforce use of sanitary facilities by construction personnel at job site. 20 a. Enclose and anchor sanitary facilities. 21 b. No discharge will be allowed from these facilities. 22 c. Collect and store sewage and waste so as not to cause nuisance or health 23 problem. 24 d. Haul sewage and waste off -site at no less than weekly intervals and properly 25 dispose in accordance with applicable regulation. 26 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 27 4. Remove facilities at completion of Project 28 C. Storage Sheds and Buildings 29 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor 30 above ground level for materials and equipment susceptible to weather damage. 31 2. Storage of materials not susceptible to weather damage may be on blocks off 32 ground. 33 3. Store materials in a neat and orderly manner. 34 a. Place materials and equipment to permit easy access for identification, 35 inspection and inventory. 36 4. Equip building with lockable doors and lighting, and provide electrical service for 37 equipment space heaters and heating or ventilation as necessary to provide storage 38 environments acceptable to specified manufacturers. 39 5. Fill and grade site for temporary structures to provide drainage away from 40 temporary and existing buildings. 41 6. Remove building from site prior to Final Acceptance. 42 D. Temporary Fencing 43 1. Provide and maintain for the duration or construction when required in contract 44 documents 45 E. Dust Control CITY OF FORT WORTH HMAC HIR SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1, 2011 1 2 3 4 5 6 7 8 �J 10 11 12 13 14 15 E 01 5000-3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on -call at all times b. Must respond in a timely manner F. Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, 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 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. Temporary Facilities 1. Maintain all temporary facilities for duration of construction activities as needed. 3.5 [REPAIR] / [RESTORATION] 3.6 RE -INSTALLATION 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES A. Temporary Facilities CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 a w 01 50 00 - 4 TEMPORARY FACILITIES 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 ATTACHMENTS [NOT USED] 6 END OF SECTION 7 8 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH HMAC HIR SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1, 2011 015526-1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 1 SECTION 0155 26 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PART1- GENERAL C Nmlllulu"MV- 1 5 A. Section Includes: 6 1. Administrative procedures for: 7 a. Street Use Permit 8 b. Modification of approved traffic control 9 c. Removal of Street Signs 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 — General Requirements 15 3. Section 34 71 13 —Traffic Control 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES 21 A. Reference Standards 22 1. Reference standards cited in this specification refer to the current reference standard 23 published at the time of the latest revision date logged at the end of this 24 specification, unless a date is specifically cited. 25 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Traffic Control 28 1. General 29 a. When traffic control plans are included in the Drawings, provide Traffic 30 Control in accordance with Drawings and Section 34 71 13. 31 b. When traffic control plans are not included in the Drawings, prepare traffic 32 control plans in accordance with Section 34 71 13 and submit to City for 33 review. 34 1) Allow minimum 10 working days for review of proposed Traffic Control. 35 B. Street Use Permit 36 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 37 a. To obtain Street Use Permit, submit Traffic Control Plans to City 38 Transportation and Public Works Department. CITY OF FORT WORTH HMAC HIR SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1.2011 Ol 55 26 - 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1 1) Allow a minimum of 5 working days for permit review. 2 2) Contractor's responsibility to coordinate review of Traffic Control plans for 3 Street Use Permit, such that construction is not delayed. 4 C. Modification to Approved Traffic Control 5 1. Prior to installation traffic control: 6 a. Submit revised traffic control plans to City Department Transportation and 7 Public Works Department. 8 1) Revise Traffic Control plans in accordance with Section 34 71 13. 9 2) Allow minimum 5 working days for review of revised Traffic Control. 10 3) It is the Contractor's responsibility to coordinate review of Traffic Control 11 plans for Street Use Permit, such that construction is not delayed. 12 D. Removal of Street Sign 13 1. If it is determined that a street sign must be removed for construction, then contact 14 City Transportation and Public Works Department, Signs and Markings Division to 15 remove the sign. 16 E. Temporary Signage 17 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting 18 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 19 Devices (MUTCD). 20 2. Install temporary sign before the removal of permanent sign. 21 3. When construction is complete, to the extent that the permanent sign can be 22 reinstalled, contact the City Transportation and Public Works Department, Signs 23 and Markings Division, to reinstall the permanent sign. 24 F. Traffic Control Standards 25 1. Traffic Control Standards can be found on the City's Buzzsaw website. 26 1.5 SUBMITTALS [NOT USED] 27 1.6 ACTION SUBMITTALSANFORMATIONAL 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 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 32 1.11 FIELD [SITE] CONDITIONS [NOT USED] 33 1.12 WARRANTY [NOT USED] 34 PART 2 - PRODUCTS [NOT USED] 35 PART 3 - EXECUTION [NOT USED] 36 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 0 015526-3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 1 2 3 PART1- GENERAL 4 5 6 7 8 9 10 11 .�a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 01 58 13 - 1 TEMPORARY PROJECT SIGNAGE Page I of 3 SECTION 0158 13 TEMPORARY PROJECT SIGNAGE 1.1 SUMMARY A. Section Includes: 1. Temporary Project Signage Requirements B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2- PRODUCTS 2.1 OWNER -FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 EQUIPMENT, PRODUCT TYPES, AND MATERIALS A. Design Criteria 1. Provide free standing Project Designation Sign in accordance with City's Standard Details for project signs. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 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 0158 13 - 2 TEMPORARY PROJECT SIGNAGE Page 2 of 3 B. Materials 1. Sign a. Constructed of %-inch fir plywood, grade A-C (exterior) or better 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. General 1. Provide vertical installation at extents of project. 2. Relocate sign as needed, upon request of the City. B. Mounting options a. Skids b. Posts c. Barricade 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE A. General 1. Maintenance will include painting and repairs as needed or directed by the City. 3.14 ATTACHMENTS [NOT USED] 30 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 20I1 HMAC HIR SURFACE OVERLAY (2012-2) 01864 N i 01 58 13 -3 TEMPORARY PROJECT SIGNAGE Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 1 2 4 1.1 SUMMARY SECTION 0160 00 PRODUCT REQUIREMENTS 01 60 00 - 1 PRODUCT REQUIREMENTS Page 1 of 2 5 A. Section Includes: 6 1. A listing of the approved products for use in the City 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1— General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 13 1.3 REFERENCES [NOT USED] 14 1.4 ADMINISTRATIVE REQUIREMENTS 15 A. A list of City approved products for use is attached to this Section. 16 B. Only products specifically included on City's Standard Product List in these Contract 17 Documents shall be allowed for use on the Project. 18 1. Any subsequently approved products will only be allowed for use upon specific 19 approval by the City. 20 C. Any specific product requirements in the Contract Documents supersede similar 21 products included on the City's Standard Product List. 22 1. The City reserves the right to not allow products to be used for certain projects even 23 though the product is listed on the City's Standard Product List. 24 D. Although a specific product is included on City's Standard Product List, not all 25 products from that manufacturer are approved for use, including but not limited to, that 26 manufacturer's standard product. 27 E. See Section 01 33 00 for submittal requirements of Product Data included on City's 28 Standard Product List. 29 1.5 SUBMITTALS [NOT USED] 30 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 31 1.7 CLOSEOUT SUBMITTALS [NOT USED] 32 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 33 1.9 QUALITY ASSURANCE [NOT USED] 34 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] CITY OF FORT WORTH HMAC HIR SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July I, 2011 01 6000-2 PRODUCT REQUIREMENTS Page 2 of 2 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION [NOT USED] 5 END OF SECTION * 6 Revision Log DATE NAME SUMMARY OF CHANGE 7 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 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 01 74 23 - 1 CLEANING Page 1 of 4 SECTION 0174 23 CLEANING 1.1 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 92 13 — 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 ADMINISTRATIVE REQUIREMENTS 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/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 q" i 01 74 23 - 2 CLEANING Page 2 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS 4 2.1 OWNER -FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 5 2.2 MATERIALS 6 A. Cleaning Agents 7 1. Compatible with surface being cleaned 8 2. New and uncontaminated 9 3. For manufactured surfaces 10 a. Material recommended by manufacturer 11 2.3 ACCESSORIES [NOT USED] 12 2.4 SOURCE QUALITY CONTROL [NOT USED] 13 PART 3 - EXECUTION 14 3.1 INSTALLERS [NOT USED] 15 3.2 EXAMINATION [NOT USED] 16 3.3 PREPARATION [NOT USED] 17 3.4 APPLICATION [NOT USED] 18 3.5 REPAIR / RESTORATION [NOT USED] 19 3.6 RE -INSTALLATION [NOT USED] 20 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING 24 A. General 25 1. Prevent accumulation of wastes that create hazardous conditions. 26 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 27 governing authorities. 28 3.1 Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 29 storm or sanitary drains or sewers. 30 4. Dispose of degradable debris at an approved solid waste disposal site. 31 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 32 alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 01 74 23 - 3 CLEANING Page 3 of 4 1 6. Handle materials in a controlled manner with as few handlings as possible. 2 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 3 this project. 4 8. Remove all signs of temporary construction and activities incidental to construction 5 of required permanent Work. 6 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to 7 have the cleaning completed at the expense of the Contractor. 8 10. Do not burn on -site. 9 B. Intermediate Cleaning during Construction 10 1. Keep Work areas clean so as not to hinder health, safety or convenience of 11 personnel in existing facility operations. 12 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 13 3. Confine construction debris daily in strategically located container(s): 14 a. Cover to prevent blowing by wind 15 b. Store debris away from construction or operational activities 16 c. Haul from site at a minimum of once per week 17 4. Vacuum clean interior areas when ready to receive finish painting. 18 a. Continue vacuum cleaning on an as -needed basis, until Final Acceptance. 19 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 20 may become airborne or transported by flowing water during the storm. 21 C. Interior Final Cleaning 22 1. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other 23 foreign materials from sight -exposed surfaces. 24 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 25 3. Wash and shine glazing and mirrors. 26 4. Polish glossy surfaces to a clear shine. 27 5. Ventilating systems 28 a. Clean permanent filters and replace disposable filters if units were operated 29 during construction. 30 b. Clean ducts, blowers and coils if units were operated without filters during 31 construction. 32 6. Replace all burned out lamps. 33 7. Broom clean process area floors. 34 8. Mop office and control room floors. 35 D. Exterior (Site or Right of Way) Final Cleaning 36 1. Remove trash and debris containers from site. 37 a. Re -seed areas disturbed by location of trash and debris containers in accordance 38 with Section 32 92 13. 39 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 40 that may hinder or disrupt the flow of traffic along the roadway. 41 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 42 junction boxes and inlets. CITY OF FORT WORTH HMAC HIR SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1, 2011 PM 9 Ak a" M 10 MIP i i i i 01 74 23 - 4 CLEANING Page 4 of 4 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE (NOT USED) 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 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 M 0177 19 - 1 CLOSEOUT REQUIREMENTS Page I of 3 SECTION 01 7719 CLOSEOUT REQUIREMENTS 1.1 SUMMARY 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 limited to: 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Guarantees, Bonds and Affidavits 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. 1.5 SUBMITTALS A. Submit all required documentation to City's Project Representative. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 aft dM 01 77 19 - 2 CLOSEOUT REQUIREMENTS Page 2 of 3 1 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 CLOSEOUT PROCEDURE 9 A. Prior to requesting Final Inspection, submit: 10 1. Project Record Documents in accordance with Section 01 78 39 11 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 12 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 13 01 74 23. 14 C. Final Inspection 15 1. After final cleaning, provide notice to the City Project Representative that the Work 16 is completed. 17 a. The City will make an initial Final Inspection with the Contractor present. 18 b. Upon completion of this inspection, the City will notify the Contractor, in 19 writing within 10 business days, of any particulars in which this inspection 20 reveals that the Work is defective or incomplete. 21 2. Upon receiving written notice from the City, immediately undertake the Work 22 required remedying deficiencies and completing the Work to the satisfaction of the 23 City. 24 3. Upon completion of Work associated with the items listed in the City's written 25 notice, inform the City, that the required Work has been completed. Upon receipt 26 of this notice, the City, in the presence of the Contractor, will make a subsequent 27 Final Inspection of the project. 28 4. Provide all special accessories required to place each item of equipment in full 29 operation. These special accessory items include, but are not limited to: 30 a. Specified spare parts 31 b. Adequate oil and grease as required for the first lubrication of the equipment 32 c. Initial fill up of all chemical tanks and fuel tanks 33 d. Light bulbs 34 e. Fuses 35 f. Vault keys 36 g. Handwheels 37 h. Other expendable items as required for initial start-up and operation of all 38 equipment 39 D. Notice of Project Completion CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 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 01 77 19-3 CLOSEOUT REQUIREMENTS Page 3 of 3 1. Once the City Project Representative finds the Work subsequent to Final Inspection 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 USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 rt MM Am dw 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0178 39 PROJECT RECORD DOCUMENTS 01 78 39 - 1 PROJECT RECORD DOCUMENTS Page 1 of 4 5 A. Section Includes: 6 1. Work associated with the documenting the project and recording changes to project 7 documents, including: 8 a. Record Drawings 9 b. Water Meter Service Reports 10 c. Sanitary Sewer Service Reports 11 d. Large Water Meter Reports 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 —General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 23 1.5 SUBMITTALS 24 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 25 City's Project Representative. 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE 30 A. Accuracy of Records 31 1. Thoroughly coordinate changes within the Record Documents, making adequate 32 and proper entries on each page of Specifications and each sheet of Drawings and 33 other Documents where such entry is required to show the change properly. 34 2. Accuracy of records shall be such that future searches for items shown in the 35 Contract Documents may rely reasonably on information obtained from the 36 approved Project Record Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 01 78 39 - 2 PROJECT RECORD DOCUMENTS Page 2 of 4 1 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 2 information that the change has occurred. 3 4. Provide factual information regarding all aspects of the Work, both concealed and 4 visible, to enable future modification of the Work to proceed without lengthy and 5 expensive site measurement, investigation and examination. 6 1.10 STORAGE AND HANDLING 7 A. Storage and Handling Requirements 8 1. Maintain the job set of Record Documents completely protected from deterioration 9 and from loss and damage until completion of the Work and transfer of all recorded 10 data to the final Project Record Documents. 11 2. In the event of loss of recorded data, use means necessary to again secure the data 12 to the City's approval. 13 a. In such case, provide replacements to the standards originally required by the 14 Contract Documents. 15 1.11 FIELD [SITE] CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART 2 - PRODUCTS 18 2.1 OWNER -FURNISHED [OR] OWNER -SUPPLIED PRODUCTS [NOT USED] 19 2.2 RECORD DOCUMENTS 20 A. Job set 21 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no 22 charge to the Contractor, 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 3.2 EXAMINATION [NOT USED] 31 3.3 PREPARATION [NOT USED] 32 3.4 MAINTENANCE DOCUMENTS 33 A. Maintenance of Job Set 34 1. Immediately upon receipt of the job set, identify each of the Documents with the 35 title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH HMAC HIR SURFACE OVERLAY (2012-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01864 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 01 78 39 - 3 PROJECT RECORD DOCUMENTS Page 3 of 4 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. 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. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum, in accordance with the intervals set forth in Section 01 71 23, clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. 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. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined 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. B. Final Project Record Documents 1. Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 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 T 01 78 39 - 4 PROJECT RECORD DOCUMENTS Page 4 of 4 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 Documents 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 [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 r. M .. APPENDIX GC-4.01 Availability of Lands: N/A i GC-4.02 Subsurface and Physical Conditions: N/A r. GC-4.04 Underground Facilities: N/A GC-4.06 Hazardous Environmental Condition at Site: N/A GC-6.06.13 Minority and Women Owned Business Enterprise Compliance: Provided GC-6.07 Wage Rates: Provided idb GC-6.09 Permits and Utilities: N/A GC-6.24 Nondiscrimination: "None" GR-01 60 00 Product Requirements ow M aft U-3 i i i CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HMAC HIR SURFACE OVERLAY (2012-2) 01864 Imb 1a HEAVY & HIGHWAY CONSTRUCTION PREVAILING WAGE RATES 2009 I Air Tool Operator $10.06 Asphalt Distributor Operator $13.99 Asphalt Paving Machine Operator $12.78 Asphalt Raker $I 1.01 Asphalt Shoveler 13 8.60 Botching Plant Wei4her 1 $14.13 Broom or Sweeper Operator 13 9.88 Bulldozes Operator I $13.22 I Carpenter I $12.80 I Concme Finisher, Paving I S12.83 I Concrete Finisher` Structures 1313.27 Concrete Pavin Corbin Machine Operator 1312.00 M Concrete Paving Finishing Machine Operator S13.63 I Concrete Paving Joint SQer Operator $12.30 I Concreteqjv�g Saar Operator S13.56 I Concrete paving Spreader Operator S 14.30 Concrete Rubber S 10.61 C Clamshell. Backhoe, Derrick. Dragline, Shovel Operator S14.12 EIan S 18.12 Fla S 9.43 Forrn Builder/Setter, Structures S11.63 Form SetteriPaving & Curb Foin jon Brill • Crawler Mounted $11.83 $13.67 0 O on Drill ppo�or, Truck Mounted $16.30 Front End Loader Opasw I S 12.62 Laborer. Common is 9.18 Laborer1 Utility I S10.69 Mechanb I S16.97 Millin Machine Operator, Fine Grads $11.83 Mixer peter S11.58 IS13.20 1 Motor Grader Operator, Fine Oracle Motor Orader Owltor. Rough 1 $14.50 Oiler 1 $14.98 Painter, Strvcnaes I $13.17 M Pavement Marking MerNne Operator S10,04 I PiQsIrm 1114-66 SI L04 I Remforc ng Steel Setter, Pavingl I Rsinroreing Steel Saw. Structure J 816.29 1 Roller Operator, Pneumatic, Self -Propelled I $11.01 Roller Operator, Steel Wheel, Flat eel/Tamping 1 $10.92 Roller Operator, Steel Wheel, Plant Mix Pavement 1111.22 Scnysratorr 1 $11.42 Savicer S 12.32 Slip Form Machine Operator 1510.92 SI2.33 Spreader Boa Operator rradar Opermor, Crawler Type 912.60 Tractor Operator Pnetunstic S 12.91 Traveling Mixer to 112.03 Truck Driver, Lowbar-!:leas 1 $14.93 I Truck Driver, Slnje Axle, Heavy I $I 1.47 I Truck Driver, Sing * Axlet Li#M I S 10.91 Truk Driver, TwWern Ax1a, Servo -Trailer ( $11 73 1 Truck Driver, rrumit-Mrs 1 $12 o8 W n Dill, Boring Machine, Poll Hole Driller Opereror ( $14 00 Welder j $13 77 1 Watt Zone Barricade Servicer I $10 09 PROJECT DESIGNATION SIGN 4'--0" TMI VV T PMS-288 41" 61„ 2 1" 4 13" 3" I Project Title „ 1 3"I 2ND LINE IF NECESSARY -/ 3 " 1 1" = Contractor: 1 » 21"EContractor's Name -T2 74„ 1 i»= Scheduled Completion Date 2„ 12 = Year _ 5" 1" FONTS: FORT WORTH LOGO = CHELTINGHAM BOLD ALL OTHER LETTERING = ARIAL BOLD LOGO COLORS: FORT WORTH - PMS 288 LONGHORN LOGO - PMS 167 PROJECT DESIGNATION SIGN LETTERING - PMS 288 BACKGROUND - WHITE CITY OF FORT WORTH -CONSTRUCTION STANDARD BORDER - BLUE --- DRAWING NO. ' DATE: 9-20-02 Project Name: HMAC Surface Overlay ( ) DOE Project Number: Mapsco Location: Street Maintenance Work Notice As part of the City of Fort Worth's Street Maintenance Program, has been contracted to repair your street. During the maintenance work, there will be a brief time that you may not have access to your residence or business. On the days specified below, vehicles can not be parked on the street. Also, please turn off your sprinkler adjacent to the street. If you have any questions or concerns, please contact contractor at If we are not able to resolve your concern to your satisfaction, you may also contact City of Fort Worth Inspector at Monday - Friday between 7:30 a.m. and 4:30 p.m. After 4:30 p.m. and on weekends, call (817) 392-8100. Block Street Project Expected Construction Dates Limits Name Limits Weather Permitting 1100 to 1200 Brown Street Yates Avenue to Keller Springs Parkway From 6-20-06 to 74-06 Nombre del Proyecto: HMAC Surface Overlay Numero del Proyecto DOE: Ubicaci6n Mapsco: Notificacion de Mantenimiento de la Calle Como parte del Programa de Mantenimiento de las Calles de la Ciudad de Fort Worth, ha sido contratado para reparar su calle. Durante este T trabajo de mantenimiento, habrfi un tiempo breve en que no tenga acceso a su hogar o negocio. En los dlas especificados abajo, vehiculos no deben estacionarse el la calle. Tambi6n, por favor apague su sistema de regar el c6sped cerca de la calle. - Si tiene alguna pregunta o concierne, por favor Ilame al contratista al Si no resuelve su concierne a su satisfacci6n, puede tambi6n Ilamar a la Oficina de Inspecci6n de la Ciudad de Fort Worth al , de lunes a viernes entre las 7:30 a.m. y 4:30 p.m. Despu6s de las 4:30 p.m. o en los fines de semana Ilame al (817) 392-8100. Urnites Nombre limltes Fechas de Construcclbn R De Sloaues de Calle De Proyecto Permitlendo et Estado de Tlemoo 1100 a 1200 Brown Street Yates Avenue a Keller Springs Parkway De 6-20-06 a 74-06 — i - LEGEND- j H.M.A.C.REHA131LITATION WEDGEMILLING IRECYCLE /OVERLAY ONLY.) NOTE b11F ANY COMBINATION Of ISLANDS AND RIGHT TURN LANE$ ARE ABSENt TURN RADIUS SMALL BE TREATED AS STANDARD. BUTT JOINT SHALL BE SQUARED OlkF,IF NEEDED AS A RESULT OF 1XISTING CONC. VALLEY GUTTER. 121 BUTT JOINTS NOT REOUIRED WITH REMIXING PROCESS, TYPICAL . LAYOUT FOR RECYCLING ACTIVITIES WHEN INTERSECTING STREETS ARE RECYCLED SIMULTANEOUSLY uwEts NOTED OTHERWISE IN STREET SCNEOULE 0-4 wF vise 0: 1 1990 LEGEND 11 H.KA.C. REHABILITATION If It wornar #ILLINO NOTE: IF EITHER RADIUS DOES NOT HAVE AN ISLAND, IT WILL BE TREATED AS INDICATED BY APPLICABLE D£ TAIL . (RECYCLE/ OVERLAY ONLY i O_TT_, DINT STREET BEGIN OR END P'41NT REGARDLESS OF THE INTOolIZ tiG STREETS ANGLE. NOTE :111 ALL RIGHT TURN STORAGE - LANES SHALL BE CONSIDERED AS PART Of CONTRACT. 12) BUTT JOINTS NOT REOUIREO WIT" REMIXING PROCESS. 0-3 REVISEDt • �tv.�.. ; VArIt TYPICAL 1990 LAYOUT FOR RECYCLIN• ACTIVITEll- - UNLESS NOTED OTHENW13E 1N STREET SCHEDULE. NOT E 20AN ATTEMPT HAS AEEN MADE TO DETAIL, AS MANY STO. FIELD SITUATIONS AS POSSIBLE HOWEVER I THE CONTRACTOR MIGHT HAVE TO OVERLAP PARTS Of LEG -END THESE DETAILS TO CONFIGURE •A LAYOUT THAT BEST APFLJES TO AH.M.A.C. REHABILITATION PARTICULAR SITUATION. 121 AUTT JOINTS NOT AEOUTAEO WITH p1 It i1 WEDGEMILLING REMIXING PROCESS. (RECYCLE 1 OVERLAY ONLY i BUTT - - - _ - - -- JOINT 0 MEDIAN - - MEDIAN t- - STREET BEGIN OR END POINT 0-2 REvISEO: AEY.b..,' Dart: TYPICAL I I990 LAYOUT FOR RECYCLING -ACTIVITIES FOR BLVD. SECTION - UNLESS NOTED OTHERwsSE IN STREET SCHEDULE I III LEGEND dt j H.M*.A.C. REHABILITATION . 01.1111 Iq- WEDGEMILLNG _ (RECYCLE /-OVERLAY ONLY) 0 J : STREET BEGIN OR END POINT. ~ REGARDLESS OF s � 7HE iNTERSECTtNa i STREETS ANGLE. 0 Z I NOTE: BUTT JOINTS NOT i REQUIRED WITH , _ REMIXING PROCESS. TYPICAL LAYOUT. FOR RECYCLING ACTWITES UNLESS 1076 OTHERWISE Iq STREET SCHEDULE BUTT JOINT i D-1 REVISED: Raw.**. OAT[ : t 1990 ti � ; lw 1 LM +r +A t„ .. COLLAR CONFIGURATION s FOR PAVED AREA 5'-0" a►- COLLAR CONFIGURATION FOR UNPAVED AREA MANHOLE FRAME AND 32" DIA. DUCTILE IRON.'. + ',':�.,���'.!�M 1i,•.:G, �."jr COVER. (REFER TO x. 1•.°::.. f •:,•:.','/ , ;� . +#. STD. PRODUCT LIST) :"• '•.`:,.r.: ,.r, .• .�ti:';'r ' :,'' . • ::';..- ' +; !'.. !`.;; -�— 3" TYP. k. 4000 PSI —�;;• ::,�:: \ -". CONCRETE 8—#4 REBARS TYP.`.- 4 "= 2" x 8" x 30" I.D. CONCRETE PRECAST GRADE RINGS PER , ASTM C478. -Y44" CHAMFER (TYP.) 1 GROUND cO 5 L 1 14--1 1 A I I —I I I - �3R OPENING - CONCRETE COLLAR 2 ROWS OF RAM-NEK SEAL 1 HEIGHT VARIES —w/STAGGERED JOINTS OR — APPROVED EQUAL. 9• SECTION A --A O REBAR SHALL BE PLACED 3" O WHERE MANHOLES ARE IN O HINGED LIDS ARE REQUIRED MIN. FROM TOP AND BOTTOM THE STREET, INSTALL 2 OR ON ALL ELEVATED MANHOLES, OF CONCRETE COLLAR. MORE GRADE RINGS, AS JUNCTION BOXES AND WHERE NEEDED, BETWEEN CASTING SPECIFIED ON PLANS. (REFER AND TOP OF PAVEMENT. TO STD. PRODUCTS LIST) ¢O HINGED LIDS INSTALLED IN O LOCKS TO BE INSTALLED ON ALL MANHOLE LIDS BELOW E1-14, E1-20, E1-21 MATERIAL STREETS SHALL OPEN THE 100-YEAR FLOOD ELEV. E2-14, E2-20, E2-21 CONSTRUCTION AGAINST THE FLOW OF AND WHERE SPECIFIED ON TRAFFIC, PLANS. Opp CITY OF FORT WORTH, TEXAS DATE: OCT. 2009 A� MANHOLE FRAME, COVER, GRADE L RINGS AND CONCRETE COLLAR SAN-009 Manhole Riser "O" Dia, Hole h 302 Stainless :I Roll Pin Cross Section view �— 10 or 12 gage G90 galvanized steel •new asphalt overlay 3/4" thick riser bar Expanding Linkage 2 1/4" 17/64" Diameter holes 6 •• W vi . � . � . L ! � . � . � I •tl•r W { 3/4" O.D. 5 5/8,T 4 11411 3/8" 1. D. 3/8" - 16 Thread Item Item Material Description Tensile Tensile Number Description _ _ _ _ Yield Ultimate `I� 3/8" Roll Pins 302 Stainless Sioel I14ff000 LB Double Shea Strength) - — — - - 2 Steel Skin 12 or 10 gage A.I.S.. f020 Steel (A-3 6) 33.000 P S.I. 60,000 P.S.I. ; G-90 Galvanized 3 Weld 1 650/.7004 cmunterence welded 75,000 P S.I. 85,000 P S.I. 4 3/4•' wide Rasa Bar 1 Not Rolled Sted AI.S.I. 1020 (A-36) 33,000 P 5.1.1 60,000 P S.I. i 5 Rod Ends I Forging A1.S.1. C•1030 Steel Heat Treated BHN 240 I 70,000 P S.I. 192,000 P S.I. f Zinc Plated with Dichroarrate Firush 6 rumbuckle A LS I. 1020 BHN 149 170,000 P S.I 180.000 P S I Zinc Plated dipped in Linebacker run inhibitor l Water. _ Valve Riser Cross Section view, 12 gage G90 galvanized steel o� Item Item Number. Description Material Description 'new asphalt overlay 3/8" D.O.M. Tube I Sleet Skirt 1I gaga A.I3.1. 1020 Steel (A-36) G-90 Galvanized 2 Weld Lincoln Outenheild 71 Elite 045 3 3/8" wide D 0 M Tube D. O M. Tube A.I.S.1. 1026 (A313 type S) Tensile Tensile Yield Ultimate 33,000 P S I. 60,000 P.S.1. 75.000 P. S 1. 81,000 P.S.I. 12„000 PSI I. 87.000 P. S I. i MAMMILE IS TO K t4MTRUCTE9 OVER OUTLET. ALL EXPOSE@ SURFACED ARC TO BE WELL FINISHED. EXCAVATION FOR IMLCT IO TO Bt INCLUDED IN PRICE @IO PON SAME. g°$°tete A ve C1MRIr 100 rwm r-- _--- i ~ I 1 1 I e C. L COVER crCUIIB =' Q .4 e a M I 7 E RADIUS AND SLOPE AS STD. CUR@ 0 GRAD[ OF OUTTEN AT 1. INLET AA � VAR, 1 HAT, @UTTER DA' � R¢INf BANG 3/8' / REIMF BARS �Vt�P8 ANIS'- 0 ' 1 Vt°I BAR XX/ @° /SI w 11 •- O- PLAN /�/ _� A 1-3A'01 SAN X 10'-S' IBA' I $TB. CURB @ BUTT[N BAN$ AT tits C-C VW S'- t' GARB WHEN NOT COMIMCCTNM TO PAIKMENT � USE S'-B' BAR@ WHEN CONNECTRIO TO PAVEMENT r ADD @.@t LOS. STEEL WHEN CONNECTING TO PAVtMENT o ENS OF INLET THAT IS TO EEC NEAR CORNER fir P ° ' I.• - ; I • _ .9D R - - ,. � 0. CI 9-' '-0' - I , S'-O° opt IRS a.3/�• CHAMP[ ELEVATION OF OPENING CH r 'ME PAT LIMIT Of INLET a MMEMM N 'A° SHALL MATCH THE OUTTEN OIMENSION NI USE W 00 THE PROJECT, AND WILL BE EITHER 1.5' OR 1.0' w' KVIKO 9M/87 JA.N./R R.M. NO SCALE 1/t' 0 BARS ' t�g SMOOTH TROWEL F IRI4N C.L COVER r sly is v sA'/BARS ' G 11-C .S R 7A-A SECTION 3/4' CHAMFER 3 GARS AT ON GI 3 L-@AR AT D• C-C . Rtrrww NOTE'- THE DEPTH 'Do PON ALL STANDARD B' INLETS SMALL @E a-0' AT THE UPPER END AND 4'-3' AT THE OUTLET END FROM THE TOP OF CURB TO THE FLOW LIME Of THE INLET. If THE INLET IS NOT STANDARD, THE DEPTH$ WILL BY SHORN ON THE PANG. IF DE1TN OVER S%D- AT MANMOLE . I SMALL @E CONITRUCT[D PER @we. NO. S-901, TOP CURB w TOP GUTTER AT OUTSIDE EDGE NOTES GUTTER CONSTRUCTION IN FRONT OF INLET AS .�• ' • SHOWN IS TO BE CONSIKPICD AS R\RT OF GAME 3-0 FLOW M ss /LOW LINE Of GUTTER STANDARD 5' STORM DRAIN INLET CITY of - FORT WORTH, TEXAS —CONSTRUCTION STANDARD DRAWING *NO. S-SD I ! DATE: JAN. 1969 I 0 • I I 1 11 x 1 1. 1 it -.64 a 1 1 f T l J —#3 BARS ® 12" O.C. 8" 24" (REAR FACE, REAR WALL) 22 A 1 — #3 BARS 0 18" O.C. " 2 _ " 1 (NEAR FACE, REAR WALL) — #3 BARS I -4 8 00 r #4 BAR X 11'-0" N 24" CHAIN, C.I. — — — NO SWIVEL I COVER COVER I (2) #4 BARS X 15'-9" NIL B I( 2" (SEE FACE OF CURB I A NOTE2) J NOTES: 1. DIMENSION "D" (DEPTH) FOR ALL STANDARD 10' INLETS SHALL BE 4'-0" AT THE UPPER END AND 4'-8" AT THE OUTLET END (MEASURED FROM THE TOP OF CURB). FOR NON-STANDARD INLETS THE DEPTH WILL BE SHOWN ON THE PLANS. 2. DIMENSION "A" SHALL BE THE GUTTER DIMENSION IN USE ON THE PROJECT. 3. IF MANHOLE DEPTH IS OVER 5'-0-, STEPS WILL BE REQUIRED AND SHALL BE CONSTRUCTED PER DRAWING SD-013. 4. GUTTER CONSTRUCTION IN FRONT OF INLET (AS SHOWN) IS TO BE CONSIDERED AS PART OF SAME. 5. ALL EXPOSED SURFACES ARE TO BE WELL FINISHED. EXCAVATION FOR INLET IS TO BE INCLUDED IN PRICE BID FOR SAME. USE #3 BARS X 3'-2" ® 22" #3 BARS ® 18 O.C. A O.C., UNLESS CONNECTING TO (FRONT FACE, FRONT WALL) VARIES (SEE f— FACE OF CURB PAVEMENT, THEN USE #3 BARS #3 BAR X 15'-9" X 5'-3" ® 22" O.C. f� I RADIUS AND NOTE 2) 3" t_J — — A SLOPE AS 2-1/2" PLAN VIEW X" CHAMFER TOP OF CURB END OF INLET TO BE NEAR CURB CORNER 3'-0" 10'-0" OPENING I 3'-0" PAY LIMIT OF INLET ELEVATION VIEW STD. CURB 2'R .�'....-•• .�-.. �J,'• ice' 00 7 GRADE OF GUTTER TF AT INLET C/L 3'R r #3 BARS J • : I t 3/4" CHAMFER ?: \ ® 18" O.C. TOP OF GUTTER TOP OF CURB OUTSIDE EDGE . �. •I •..�. �. •f. :��� .: �•—i.a..l:�•.—'�',rr��! .�0 4e�r.1,F-��.. ,. ..'I .:^fit iJ,.Y.• .. , �L� FLOW LINE SECTION B-B 2' OF 1 OF GUTTER oRrWoKr Lu Lu STD. CURB AND r GUTTER - #3 BARS BENT INTO WALL 24" 8 #4 BARS AT 8- - O.C. BOTFL WAYS 1 x4" KEYWAY — OR #3 L-BAR 8" O.C. IN LIEU OF KEYWAY CITY OF FORT WORTH, TEXAS 3'-4 0 0 z w 5LCTION A -A REVISED DATE: 11-2009 DATE: 06-2007 STANDARD 10' STORM DRAIN INLET SD-001 DUMMY JOINT IN RAMP OPTIONAL PROVIDE EXPANSION JOINT ONLY IN II' - 0" DRIVE *AV ONLY. IF CONNECTING TO EXISTING CONCRETE DRIVE. EXIST'NG CURB & GUTTER,IF ANr, MUST ISE SAWED AS O-RECT• REINFORCE B'•DRIVE R 3 BARS EO BY THE ENGINEER, A AT IS O.C.BW. / REINFORCE 4" WALK • ! BARS �R 0 W LINE AT 160O.C.B.W. REFERENCE 11'-0"FOR IS GL WY. , 1 IB'-0"FOR �,1 1 STANDARD SIDEWALK 10'-O'MIN. I I p�� O 17'-0"MIN. i � STANDARD CURB & GUTTER ` \ I OR MATCH AS DIRECTED EXP. J01NTf� 20'-0"MIN SINGLE DWY. ------EXR JOINT EXCEPT , ' EXCEPT SLIP-FORMEO 27 -0' MIN.000BLE DWY. SLIP -FORMED L HALF LENGTH PAID AS A ATTACHED CURB (CONIC. SIDEWALK SLOPE 1/4"PER PLAN VIEW PAVEMENT oN A FOOT TO FACE OF CURB OR AS SEE STANDARD CURB DIRECTED BY ENGINEER, I A 4' SIDEWALK AL I 2'SAND CUSHION OR APPROVEO SuBGRAOE. �R.O W. L IN[ PKWY WIDTH A to. I I' If t0 14' •2 *o9,9 19 T019 II 191s? 1-2 20 r02? 1590iIS &GUTTER SECTION. PARKWAY WIDTH ® (SEE TABLE) Is" 1lS.. STANDARD DRIVEWAY ANO CURB LAYDOWN & GUTTER PAY LIMIT CURB SECTION A -A �sT.elurEo \ DWY. PAY LIMIT SUBGRADE W/CONCRETE PAVEMENT 9-0EAALw SECTION TwRU DRIVEWAY TO BE POURED SAME THICKNESS AS ORIbEWAY APPROACH $ PA O FOR AS DRIVEWAY APPIIOAC61 E XIV ING S:OE *ALII, lFA%•, TO BE RE%POv.EO AND REPLACED. REVISCO 9/jf/Bt J.A.M./1111RA1. DRIVEWAY APPROACH REvISEO AU3.. 19.0 J.S.: W.R.M ICRAWI%G CITT of FORT'< on't", TEXAS - Coa+f rmuctick SrAN0A�0REVISED FEB.SREVISEDyA• d)•E fM1/WR M 40 9-9 S DATE MAY 909 STANDARD APPROACH A6Z^3% t, � • 1 �" ' y3 -U- BARS O 18- O.C. THESE BARS MUST BE PLACED AT THE TIME THE PAVING SLAB IS POURED 2'-0' V — 4 1/4' 13/4 6 1/2°R NO. 4 BARS 18' C-C BOTH WAYS EXISTING CONCRETE i 3ii . DUSTING SUBGRADE ao yam, LW GVM xWE /SLOPE 1 /4' P _R FOOT Wpm Am (ummo TAMPED TOPSOIL 4, 3'R 'F --#3 CONT. z W !SELECT MINIMUM EXCAVATION OUTLINE FOR STREET CONSTRUCTION 12' 3' V-6' Y 6' 7 " CURB REPAIR DETAIL NOT TO SCALE ra NOTE: GUTTER TO BE SHAPED TO / CONFORM WITH CONCRETE VALLEY (OR PAVEMENT) EXPANSION ��� EXPANSION JOINTS A / VQ' JOINTS 7 O i A -� ,' / INTERSECTING VALLEY — — - — — — -- PLAN VIEW ,—#3 BARS 0 1". OR AS DIRECTED 18" O.C.B.W. Y THE ENGINEER II 1 4" MIN. * * i 7" (OR EQUAL TO ADJOINING PVMNT. DEPTH) I (RESIDENTIAL STREETS) j aECTION A -A TRANSITION SECTION (FOR VALLEYS CROSSING MAJOR STREETS) DISTANCE FROM CROWN CE OF DIP 0' 0.000' 5' 0.041' 10' 0.083' 20' 0.208' 30' 0. 333' 40' 0.458' 50' 0.500' THE 7" REINFORCED CONCRETE VALLEY SHALL REPLACE THE TOP 7" OF THE PAVEMENT WITH THE REMAINING PORTION OF PAVEMENT TO BE CONSTRUCTED INCLUDING SUBGRADE TREATMENT, IN ACCORDANCE WITH THE TYPICAL PAVING SECTION. THE CONCRETE VALLEY WILL BE GOVERNED ACCORDING TO CITY STANDARDS FOR CONCRETE CURB do GUTTER. THE CONCRETE SHALL CONSIST OF WASHED AND SCREENED AGGREGATE WITH A MINIMUM OF FIVE (5) SACKS OF CEMENT PER CUBIC YARD OF CONCRETE IN PLACE WITH A MIN. FLEXURAL STRENGTH OF 550 POUNDS PER SQUARE INCH AT SEVEN DAYS WITH CENTER LOADING. NOTE: THIS DRAWING DUPLICATES DRAWING C-1066—R. ORTWb CITY OF FORT WORTH, TEXAS CONCRETE VALLEY GUTTER DATE: 09/2004 STR-022 N NOTE: huller to ►a shooed to confo►Im with concrete volley (of pavement) Lfepaneten # Jeln►s—� 4 . 1 / � IRIareOcliRg volley r I war of directed 1y file Mgtnew - Me 3 a 18,0c," ` i� 1 •tin. or •fuel to f "• :. '..:'. ,.• •�,.i; ..•,�! adjacent pOremah/ depth. - ®'-a- Mostlonliel Streets The T" reinforced concrete vaNity doll replace the lop T" Of the pavement with rho remaining portion of pevemlMl to be constructed including sub-grede froallmenl, a accordance with the typical poring section. The concrete rarey will be governed according to city s►ondcrds for eollcre►e cure a fuller. The concrete shell be of washed and screened oggregote will" o min of five (3) socks of eothent per cubic yore of concrete In place with o mm flaeural strength of 550 pounds per square inch of seven days with center loading TRANSITION SECTION Not to Scent For Valleys Creasing AM/or Streets DISTANCE FROM CROWN Q OF DIP NOTE: Me to ewe Oreritlg a C-1066-M O' 0.000' REVISED 7-94 EIrw/WRM S, 0.041, REVISED 9129/97 J,A.Mi. /W.Ft. M. to ' OD: oi' CONCRETE VAL LE r 30' 0333' _ �- 40' 0.450, CITY of FORT WORTN,TEXAS— CONSTRUCTION STANDARD so' 0.500, DRAWING N0 S-S 6 DATE DEC 1969 Addendum 3 362 TYPE A Ramp Limits of Payment \A2� V6e dk 1 ,0�,�•� j h' tyre A�r` DETECTABLE WARNING SURFACE PERPENDICULAR CURB RAMP WITH SIDE FLARES NOT ADJACENT TO WAIL( SURFACE Planting or other TYPE G non -walking surface ---- ---- If dropoff is not Protected q m1n, Shared ied 6. p,. Lenf;; Ramp Limits of Payment Curb Ramp - 2' min. run at 8.3% WITH DETECTABLE FLARES AT WARNING SURFACE SIDEWALKS SLOPE 1 :12" MAX. (TYPICAL). COMBINATION CURB RAMPS TYPE F rAVEMENT CURB 6 UTTER RAMP 4'x4' _ SLOPE 1":12" LANDING TYPE 13 I 3" SAND SECTION D-D LINE REINFORCEMENT (TYPICAL RAMP SECTION) Ramp Limits CURB AND GUTTER of Payment 4'X4' a^MIN CURB x LANDING - ' q"--.-{---{.RAMP WIDTH --}. . D / I I 4' MIN. SI EWALF rn RAMP SLOPE �ii I l . I= • •R`��J" 1 "/FT. SECTION E-E �3^SAND IF LINE \ _CONTRACTION SAWCUT p y JOINT (TYP.) I J Il CROSSWALK PLACE EXPANSION JOINT I •. I:.} : .: { AT BACK OF CURB LINE - - EXISTING -% OR AT SIDEWALK LINE PAVEMENT SECTION F-F PERPENDICULLAR CURB RAMP (RETURNED CURB) TYPE C 4"x 4' Min Landing , Ramp Lin dts of Payment -' 4'Ramp -DETECTABLE Width WARNING SURFACE Space4' x 4' E' Sidewalk 2' min, curb return f� aligned with crosswalk CROSSWALK NOTE: USE ONLY ON RESIDENTIAL TYPE STREETS DIAGONAL CURB RAMP (RETURNED CURB) Perpendicular to the Tangent of the Curb Radius and Contained In Crosswalk DETECTABLE WARNINGS Landing) GENERAL NOTES FOR DETECTABLE WARNINGS gg ON SIDEWALK RAMPS (CURB RAMPS) S Detectable warning 1. Curb ramps must contain a detectable warning surface that consists of raised truncated domes complyin.) with surface (Domes to Section 4.29 of the Texas Accessibility Standards (TAS). The surface must contrast visually with adjoining / run parallel to i surfaces, including side flares. Furnish dark brown or dark red detectable warning surface adjacent to \pedestrian travel)_ uncolored concrete, unless specified elsewhere in the plans. § £ 1000088000 Side flare b 2. Detectable warning surfaces must be slip resistant and not allow water to accumulate. :v e 8 80 8 8 8 0 0 0 Y (Typical) 3. Align truncated domes in the direction of / 000000000 g pedestrian travel when entering the street. 4. Shaded areas indicate the approximate location for the detectable warning surface for each curb ramp type. Typical placement of detectable e" min 5. Detectable warning surfaces shall he a minimum.of 24" in depth in the direction of pedestrian travel, and warning surface on sloping - 8" ma Face of ramp run. curb extend the full width of the curb ramp or landing where the pedestrian access route enters the street DETAIL "A" I 6. Detectable warning surfaces shall be located so that the edge nearest the curb line is a minimum of 6" and a Denotes planting maximum of 8" from the extension of the face of curb. Detectable warning surfaces may be curved alongthe comeror non -walking Detectable radius. sulface. . , , , • • ' -� 7. The following is an approved list of Cast -In -Place Detectable Warning Materials and their manufacturers: f, ; , , warning surface 7a. Armor Tile (vitrified polymer composite) by Engineered Plastics, Inc., Williamsville, NY. 7b. Tactile Pavers (fired clay pavers) by Pine Hall Brick, Winston-Salem, NC. Landing 7c. Detectable Warning Paver (fired clay pavers) by Western Brick Co., Houston, TX. 8.3% g 8.3% 7d. Tek Way Dome -Tile (concrete -based) BY Strong G. Industries (LLC), Tucson, AZ.- 7e. Cast -in -Place Tile lass and carbon reinforced fromo00000000 (g posits) by ADA Solutions, Inc., North Billerica, hiA. 4Lt. 000000000 :88000000 NOTE: ALL RAMPS ARE MIN. 4'WIDE. 8. The above list of Detectable Warning Materials or tv 000000000 88008 their approved equal shall be used as _ -_F- _ 4'x 4' MIN TYPE H I the Detectable Warning surface on sidewalk Typical placement Of detectable g min Face of r. LANDING (curb) ramps as shown on the lans and warning surface on landing at 8" ma 1 or details on this sheet. street edge. Curb Ramp DETAIL B or Payment W SIDEWALK RAMP (CURB RAMP) GENERAL NOTES •� o 1. All slopes are maximum allowable. The least possible slope that will still drain properly .� should be used. Adjust curb ramp length or grade of approach sidewalks as directed. 6" CURB 4' x 4' 2. The minimum sidewalk width is 4'. r- LANDING 3• Landings shall be 4'x 4' minimum with a maximum 2% slope in any direction. t 4. Maneuvering space at the bottom of Curb ramps shall be a minimum of 4'x 4' wholly 5.0' MIN contained within the crosswalk and wholly outside the parallel vehicular travel path. <••. sI oPE 5. Maximum allowable Cross slop on sidewalk and curb ram surfaces is 2%. SLOPE 1:50 a1"� fk P FLUSH 6. Curb ramps with returned curbs may be used only where pedestrians would not normally walk LANDING";;: _ ;:.. r. across the ramp, either because the adjacent surface Is planting or other non -walking surface : , or because the side approach Is substantially obstructed. Otherwise, provide flared sides. 7. Details on this plan apply to all construction or reconstruction of streets, curbs, or sidewalks DETECTABLE 8. To serve as a pedestrian refuge area, the median should be a minimum of 5' wide. Medians WARNING SUR E should be deslgned to provide accessible passage through them. SAWCUT EXISTING 9. Curb cut ramps are to be located as shown on the plans or as directed by Engineer. CR SSWALK CURB AND SIDEWALK 10. Crosswalk dimensions, crosswalk markings and stop bar locations shall be as shown elsewhere In the plans. At Intersections where crosswalk markings are not required, PERPENDICULAR RAMP @ FLUSH LANDING curb ramps shall be aligned With theoretical crosswalks, or as directed by the Engineer. 11. Existing features that comply with TAS may remain in place unless changed on the plans. 12. Ramps shall be provided at all Comers of street Intersections where there is 2' strip if cut through TYPE J existing or proposed sidewalk and curb. Ramps shall also be provided at walk in greater than 4' in length. locations in mid -block In the vicinities of hospitals, medical centers, and stadiums. Otherwise place detectable 13. Surface texture of the ramp shall be that obtained by a course brooming, transverse Warning on the entire surface s to the slope of the ramp except at detectable warning surface areas. See details A and B. of cut through. 4 rein 14. Separate rxirb ramp and )endinggs from adjacent sidewalk and any other elements O �9e with premold or board joint of 3/4 "unless otherwise directed by the Engineer. 15. Provide a smooth transition wtlere the curb ramps connect to the street CROSSWALK - � 16. wpe curb ramp for payment, whether it Its concrete curb, gutter, or combined curb end gutter. 17. Flare slope shall not exceed 10%measured along curb line and where pedestrians _ NOTE: DETECTABLE C could walk across the ramp then Maximum elope shall be 1:12. (8.3 %). 18. ...........re the driveway curb is extended across the walk. WARNING SURFACE Alin curb 4' rALn 19. If possible, drainage structures should not be placed in line with ramps. Location of the Tgp\` 1 �// YPICAL SYMBOL C arallel ramps should take precedence, over location of the drainage structure. t/ ALL RAMPSMNDINGS. with aoaewalk 20. The normal gutter line profile shall be matained through the area of the ramp. (CROSSWALK Ramp Limits 21. The actual limits of existing cu;b and gutter and sidewalk shall be directed by the engineer in of Payment the field, 22. contraction joints, expansion joints and silicone sealing shall be subsidiary to unit price bid FLUSH LANDING CUT THROUGH AT MEDIAN ISLANDS for sidewalks and ramps. CURB 3 RAMP - 2' strip If cut through TYPED PAVEMENT GUTTER SLOPE 1":12" I 4x4' TYPE K I is greater than 4' In length. If' � I Otherwise place detectable EXPANSION JOINT )_ANDINr i� warning on the entire surface Ramp Llmlts I \ply MATCH CUT TrtRQuGH of out through. of Peymenl / 4'x 4' S -- --.� .:: ` :. coNCRETt5L1B WITH Landing...• r PAVING HEIGHT0 B S �:'''.<'I r •..�'•..� I Y �3"SAND LINE. \\.' Ramp Limits _,-REINFORCEMENT LINE of Payment } AS IN ADJACENT �l 4' Ramp L CROSSWALK, Wide ¢� F CURB AND GUTTER DETECTABLE SECTION G-G '<` \' I TRANSPORTATION AND WARNING SURFACE (TYPICAL RAMP SECTtON) y,*, Align 6" curbs parallel Maneuvering with crosswalks PUBLIC WORKS DEPARTMENT _Maneuvering 4'x 4' 4' MIN. 2y L��SEET:PIE`B) FLARE FLARE�1":12"SLOPE RAMP 1":12"SLOPE a Sidewalk. cro�walk SIDEWALK RAMP DETAILS FLARES A I ---=- SIDEWALK SLOPE �<. ::::<. ---' •" '•. 14' I FORT WORTH, TEXAS CROSSWALK 1":12" MAX' PICAL). fC'�l .)EMNED BY: DATE'. CNECNED eY: DATE' 2.19-07 (TYPICAL TRAM SECTION) MIN Stop Bar JOE RADENZ 2-0a-07 RONNIE R. VARNELL NOTE: USE ONLY ON RESIDENTIAL' TYPE STREETS Crosswalk oAA� BY: DATE. IArP:. er. DIAGONAL CURB RAMP (FLARED SIDES) COMBINATION ISLAND CUT THROUGH JOERADENZ 2-1 "7 DATE - COMBINATION N,T.& I DRAWINGw, S7 16HEETW. OF Shared € :s 8"CURB Landing Planting or other non- ---, walking surface if dropolf Is not proleded Ramp 4'min x 4' Side Shared Flare landing, SIDE( VALE( ` . ••••••• =� / S { 4' Ramp DETECTABLE WARNING SURFACE width \Romp Limits of Payment COMBINATION CURB RAMPS USED ONLY w/CITY APPROVAL TYPE E 1 0 a;� Ramp Limits of Payment ,••� � M �• N_ 6.3 ...... �/ CROSSWALK HOT -IN -PLACE RECYCLING SURFACE OVERLAY(2012-2) OPTION # 1 Blk Limits Project —Name Street Limits Procedure Qty/LM CD Mapscc 5400 - 6399 BOCA RATON BLVD WOODHAVEN BLVD - BRIDGEWOOD DR HIR 5.1 4 66S 6400 - 6799 BOCA RATON BLVD BRIDGEWOOD DR - EAST LOOP 820 HIR 0.88 4 66S 100 - 1799 HANDLEY EDERVILLE RD JACK NEWELL BLVD S - RANDOL MILL RD HIR 2.36 4 66J 5900 - 6199 OAKLAND HILLS DR BOCA RATON BLVD - BRIDGE ST HIR 1.46 4 65Z 100 - 1299 WOODHAVEN BLVD RANDOL MILL RD - BRIDGE ST HIR 2.66 4 65T 12.46 HMAC SURFACE OVERLAY(2012-2) OPTION # 2 Blk Limits Project —Name Street Limits Procedure Qty/LM CD Mapscc 5400 - 6399 BOCA RATON BLVD WOODHAVEN BLVD - BRIDGEWOOD DR MOL 5.1 4 66S 6400 - 6799 BOCA RATON BLVD BRIDGEWOOD DR - EAST LOOP 820 MOL 0.88 4 66S 100 - 1799 HANDLEY EDERVILLE RD JACK NEWELL BLVD S - RANDOL MILL RD MOL 2.36 4 66J 5900 - 6199 OAKLAND HILLS DR BOCA RATON BLVD - BRIDGE ST MOL 1.46 4 65Z 100 - 1299 WOODHAVEN BLVD RANDOL MILL RD - BRIDGE ST MOL 2.66 4 65T 12.46 HOT -IN -PLACE RECYCLING SURFACE OVERLAY (2012-2) OPTION #: 1 CITY PROJECT NO: 01864 TPW PROJECT NO: C293-541200-204620186483 STREET BY STREET QUANTITY DETERMINATION SPREADSHEET w� q as o w ,� a a as oa a zzoo z000 d� oa. vA za� �o° ado�o� 0 A J)�a+ v�a��� a°aiw ti � �1� 3 vO TOTAL ITEM UNIT ITEM DESCRIPTION QTY QTY QTY QTY QTY QTY QTY QTY CITY QTY CITY 1 EA Project Designation Sign 0 0 0 0 0 0 0 0 0 0 2 2 LS Utility Adjustment 0 0 0 0 0 0 0 0 0 0 p Lumpsum 3 LF Remove & Replace Existing Concrete Curb and Gutter 4,250 255 0 500 1,010 0 0 0 0 0 0 6,015 4 SF Remove & Replace 6-Inch Concrete Driveway 3,000 250 0 250 1,450 0 0 0 0 0 0 4,950 5 SF Remove & Replace 4-Inch Concrete Sidewalk 750 250 0 100 575 0 0 0 0 0 0 1,675 6 SF Remove & Replace Existing Wheelchair Ramp with 4-Inch ADA Ramp (w/ detectable 400 0 0 0 0 0 0 0 0 0 400 warning dome -tile surface) 0 7 SY Remove & Replace Existing Concrete Valley Gutter 128 100 0 0 0 0 0 0 0 0 0 228 8 EA Remove & Replace 5-Ft. Storm Drain Inlet -Top 0 0 0 0 1 0 0 0 0 0 0 1 9 EA Remove & Replace 10-Ft. Storm Drain Inlet -Top 1 0 0 0 0 0 0 0 0 0 0 1 10 LF 6-Inches Perforated Pipe - Subdrain 250 0 0 0 0 0 0 0 0 0 0 250 11 CY Unclassified Street Excavation 300 0 0 0 0 0 0 0 0 0 0 300 12 SY 6" Concrete Pavement (2:27) 800 0 0 0 0 0 0 0 0 0 0 800 13 SY 6:" Flex Base, Type A 800 0 0 0 0 0 0 0 0 0 0 800 14 CY Crushed Limestone 30 10 0 20 20 0 0 0 0 0 0 80 15 CY Asphalt Pavement and Base Repair 350 30 30 20 35 0 0 0 0 0 0 465 16 TON HMAC Pavement Level Up 250 50 50 50 100 0 0 0 0 0 0 500 17 SY Wedge Miling, 1-Inch to 0-Inch Depth, 5-Ft. Wide 16,000 2,000 4,000 4,000 6,800 0 0 0 0 0 0 32,800 18 EA Butt Joint -Milled 2 2 2 2 4 0 0 0 0 0 0 12 19 SY 1-Inch HMAC Surface Milling 3,000 250 4,500 2,500 1,000 0 0 0 0 0 0 11,250 20 EA Water Valve Box Adjustment With Steel Riser 16 4 0 14 2 0 0 0 0 0 0 36 21 EA Water Valve Box Adjustment with Concrete Collar 2 1 0 0 2 0 0 0 0 0 0 5 22 EA Water Meter Box Adjustment 10 0 0 0 0 0 0 0 0 0 0 10 23 EA Manhole Adjustment With Steel Riser 15 2 0 9 4 0 0 0 0 0 0 30 24 EA Manhole Adjustment With Concrete Collar 4 2 1 0 1 0 0 0 0 0 0 8 25 EA Painting House Addresses 30 0 0 0 0 0 0 0 0 0 0 30 26 SY Grass Sod Replacement 450 75 0 85 175 0 0 0 0 0 0 785 27 SY 1-Inch Hot In Place Recycling 37,250 4,900 15,000 10,200 17,850 0 0 0 0 0 0 85,200 28 GAL Rejuvenating Oil @ 1% 3,725 490 1,500 1,020 1,785 0 0 0 0 0 0 8,520 29 SY 1-Inch Surface Course "D" Mix 37,250 4,900 15,000 10,200 17,850 0 0 0 0 0 0 85,200 30 EA Re -Mobilization 0 0 0 0 0 0 0 0 0 0 0 1 Week of the Week of the Week of the Week of the Week of the Monthly Pickup of Bulky Items 1st. Monday 1st. Monday 1st. Monday 1st. Monday 1st. Monday of the month of the month of the month of the month of the month Garbage, Recycling,Yard Trimmings & Brush Weekly Pickup Days Thursday Thursday Thursday Thursday Thursday Page 1 of 1 HMAC SURFACE OVERLAY (2012-2) OPTION #: 2 CITY PROJECT NO: 0186483 TPW PROJECT NO: C293-541200-204620186483 STREET BY STREET QUANTITY DETERMINATION SPREADSHEET 1-1 , zz dz a9� pa zOP Aaa z 03o o w zab 9ZO �a a 0oao g� AO� o ooio o��0 �o �✓ F4 " pg aq w ti O M pq " 3 P4 TOTAL ITEM UNIT ITEM DESCRIPTION QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY 1 EA Project Designation Sign 0 0 0 0 0 0 0 0 0 0 2 2 LS Utility Adjustment 0 0 0 0 0 0 0 0 0 0 0 Lumpsum 3 LF Remove & Replace Existing Concrete Curb and Gutter 4,250 255 0 500 1,010 0 0 0 0 0 0 6,015 4 SF Remove & Replace 6-Inch Concrete Driveway 3,000 250 0 250 1,450 0 0 0 0 0 0 4,950 5 SF Remove & Replace 4-Inch Concrete Sidewalk 750 250 0 100 575 0 0 0 0 0 0 1,675 6 SF Remove & Replace Existing Wheelchair Ramp with 4-Inch ADA Ramp (w/ detectable 400 0 0 0 0 0 0 0 0 0 400 warning dome -tile surface) 0 7 SY Remove & Replace Existing Concrete Valley Gutter 128 100 0 0 0 0 0 0 0 0 0 228 8 EA Remove & Replace 5-Ft. Storm Drain Inlet -Top 0 0 0 0 1 0 0 0 0 0 0 1 9 EA Remove & Replace 10-Ft. Storm Drain Inlet -Top 1 0 0 0 0 0 0 0 0 0 0 1 10 LF 6-Inches Perforated Pipe - Subdrain 250 0 0 0 0 0 0 0 0 0 0 250 11 CY Unclassified Street Excavation 300 0 0 0 0 0 0 0 0 0 0 300 12 SY 6" Concrete Pavement (2:27) 800 0 0 0 0 0 0 0 0 0 0 800 13 SY 6" Flex Base, Type A 800 0 0 0 0 0 0 0 0 0 0 800 14 CY Crushed Limestone 30 10 0 20 20 0 0 0 0 0 0 80 15 CY Asphalt Pavement and Base Repair 350 30 30 20 35 0 0 0 0 0 0 465 16 TON HMAC Pavement Level Up 250 50 50 50 100 0 0 0 0 0 0 500 17 SY Wedge Miling, 2-Inch to 0-Inch Depth, 5-Ft. Wide 16,000 2,000 4,000 4,000 6,800 0 0 0 0 0 0 32,800 18 EA Butt Joint -Milled 0 2 2 2 4 0 0 0 0 0 0 10 19 SY 2-Inch HMAC Surface Milling 3,000 250 4,500 2,500 1,000 0 0 0 0 0 0 11,250 20 GAL Crack Sealing of Existing HMAC Pavement 201 36 27 72 201 0 0 0 0 0 0 537 21 SY 2-Inch Surface Course Type "D" Mix 37,250 4,900 15,000 10,200 17,850 0 0 0 0 0 0 85,200 22 EA Water Valve Box Adjustment With Steel Riser 16 4 0 14 2 0 0 0 0 0 0 36 23 EA Water Valve Box Adjustment with Concrete Collar 2 1 0 0 2 0 0 0 0 0 0 5 24 EA Water Meter Box Adjustment 10 0 0 0 0 0 0 0 0 0 0 10 25 EA Manhole Adjustment With Steel Riser 15 2 0 9 4 0 0 0 0 0 0 30 26 EA Manhole Adjustment With Concrete Collar 4 2 1 0 1 0 0 0 0 0 0 8 27 EA Painting House Addresses 30 0 0 0 0 0 0 0 0 0 0 30 28 SY Grass Sod Replacement 450 75 0 85 175 0 0 0 0 0 0 785 29 EA Re -Mobilization 0 0 0 0 0 0 0 0 0 0 0 1 Week of the Week of the Week of the Week of the Week of the Monthly Pickup of Bulky Items 1st. Monday 1st. Monday 1st. Monday 1st. Monday 1st. Monday of the month of the month of the month of the month of the month Garbage, Recycling,Yard Trimmings & Brush Weekly Pickup Days Thursday Thursday Thursday Thursday Thursday 'A Page 1 of 1