HomeMy WebLinkAboutContract 50133 City Secretary CITY SECRETARY<n
Consuuction❑
FORT WORTH CONTRACT NO.
project Manager
PROJECT MANUAL
FOR
THE CONSTRUCTION OF
Traffic Signal Preventative Maintenance Contract 1
.. City Project No.10205
Betsy Price David Cooke
Mayor City Manager
.A
Douglas W. Wiersig, P.E.
Director, Transportation and Public Works Department
Prepared for
The City of Fort Worth
Transportation and Public Works Department
March 2017
Kimley-Horn and Associates, Inc.
.,, TBPE Firm Registration No. F-928
801 Cherry Street,Unit 11, Suite 950
Fort Worth, Texas 76102
817-335-6511
Scott R. Arnold,P.E. (#96782)
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CITY SECRETARY
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City of Fort Worth
Table of Contents
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-
.. Adopted September 2011
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TABLE OF CONTENTS
Page 1 of 2
SECTION 00 00 00
TABLE OF CONTE TS
Division 00-General Conditions
go 09 �-xrxaTci aaa voaizvi a
go Q� is Addeft&
0011 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
00 43 37 Vendor Compliance to State Law Nonresident Bidder
00 45 26 Contractor Compliance with Workers'Compensation Law
00 45 40 Minority Business Enterprise Goal
00 52 43 Agreement
0061 13 Performance Bond
0061 14 Payment Bond
0061 19 Maintenance Bond
00 61 25 Certificate of Insurance
00 72 00 General Conditions
00 73 00 Supplementary Conditions
Division 01-General Requirements
01 1100 Summary of Work
01 31 19 Preconstruction Meeting
01 31 20 Project Meetings
01 32 16 Construction Progress Schedule
01 32 33 Preconstruction Video
0135 13 Special Project Procedures
01 45 23 Testing and Inspection Services
01 55 26 Street Use Permit and Modifications to Traffic Control
01 66 00 Product Storage and Handling Requirements
01 70 00 Mobilization and Remobilization
01 74 23 Cleaning
01 77 19 Closeout Requirements
~" 01 78 39 Project Record Documents
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised February 2,2016
er
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TABLE OF CONTENTS
Page 2 of 2
Technical Specifications which have been modified by the Engineer specifically for this
Project; hard copies are included in the Project's Contract Documents
3441 13 Removing Traffic Signals
3471 13 Traffic Control
Technical Specifications listed below are in Yuded for this Project by reference and can be .
viewed/downloaded from the City's Buzzsaw site at:
hips://proj ecipoint.buzzsaw.com/client/fortwortli gov/Resources/02%20-
%20Construction%2ODocuments/Specifications
Division 34-Transportation
3441 10 Trak Signals
Appendix
GC-6.061) Minority and Woman Owned Business Enterprise Compliance
GC-6.07 Wage Rates
Modified City of Fort Worth Specifications
Anticipated Project Locations
PM
END OF SECTION
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CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised February 2,2016 �.,
001113-1
INVITATION TO BIDDERS
Page 1 of 2
1 SECTION 00 1113
2 INVITATION TO BIDDERS
3 RECEIPT OF BIDS
4 Sealed bids for the construction of Traffic Signal Preventative Maintenance Contract 1 will be
5 received by the City of Fort Worth Purchasing Office:
6
7 City of Fort Worth
*■ 8 Purchasing Division
9 200 Texas Street
10 Fort Worth,Texas 76102
„w 11 until 1:30 P.M. CST,Thursday,March 30,2017,and bids will be opened publicly and read aloud
12 at 2:00 PM CST in the Council Chambers.
13
14 GENERAL DESCRIPTION OF WORK
15 The major work will consist of the(approximate)following:traffic signal preventative
16 maintenance including vehicular signal LEDs,pedestrian signal LEDs,vehicle signal heads,
17 pedestrian signal heads,pedestrian push buttons,and illumination.
18
19 TIME PERIOD
20 The time period of this Agreement will be for one calendar year or the expiration of the funding,
21 whichever occurs last.
22
23 PREQUALIFICATION
24 This project will not require prequalification.
25
26 DOCUMENT EXANIINATION AND PROCUREMENTS
.r 27 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City
28 of Fort Worth's Purchasing Division website at http://www.fortworthgov.orgipurchasing/and
29 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The
30 Contract Documents may be downloaded,viewed,and printed by interested contractors and/or
31 suppliers.
32
33 Copies of the Bidding and Contract Documents will not be made available for this project.
34 Bidding and Contract Documents may be downloaded from BuzzSaw.
35
36 PREBID CONFERENCE
37 A prebid conference will not be held for this project.
38
39 CITY'S RIGHT TO ACCEPT OR REJECT BIDS
+� 40 City reserves the right to waive irregularities and to accept or reject bids.
41
42 INQUIRIES
r.0 43 All inquiries relative to this procurement should be addressed to the following:
44 Attn: Kassem Elkhalil,City of Fort Worth
45 Email: kassem.elkhalil@fortworthtexas.gov
46 Phone: 817-392-8742
47
48
49
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised December 23,2015
PM
001113-2
INVITATION TO BIDDERS
Page 2 of 2
pw
1 AND/OR
2 Attn: Scott R.Arnold,P.E.,Kimley-Horn and Associates,Inc.
3 Email: scott.arnold@kimley-horn.com on
4 Phone: 817-335-6511
5
6 ADVERTISEMENT DATES
7 March 9,2017
8 March 16,2017
9
10 END OF SECTION
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised December 23,2015
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0021 13-1
INSTRUCTIONS TO BIDDERS
Page 1 of 8
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1 SECTION 00 2113
2 INSTRUCTIONS TO BIDDERS
3 1. Defined Terms
4
5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72
6 00-GENERAL CONDITIONS.
7
8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the
9 meanings indicated below which are applicable to both the singular and plural thereof.
10
11 1.2.1. Bidder: Any person,firm,partnership,company,association,or corporation acting
12 directly through a duly authorized representative, submitting a bid for performing
13 the work contemplated under the Contract Documents.
14
15 1.2.2.Nonresident Bidder:Any person,firm,partnership,company,association,or
16 corporation acting directly through a duly authorized representative, submitting a
17 bid for performing the work contemplated under the Contract Documents whose
.■ 18 principal place of business is not in the State of Texas.
19
20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City
21 (on the basis of City's evaluation as hereinafter provided)makes an award.
22
23 2. Copies of Bidding Documents
24
25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations
26 resulting from the Bidders use of incomplete sets of Bidding Documents.
27
28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the
29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant
30 for any other use.
31
32 3. Prequalification of Bidders(Prime Contractors and Subcontractors)
33
.�. 34 3.1. No prequalification will be required for this project.
35
36 4. Examination of Bidding and Contract Documents,Other Related Data,and Site
37
38 4.1.Before submitting a Bid, each Bidder shall:
39
40 4.1.1.Examine and carefully study the Contract Documents and other related data
41 identified in the Bidding Documents(including"technical data"referred to in
42 Paragraph 4.2.below).No information given by City or any representative of the
43 City other than that contained in the Contract Documents and officially
44 promulgated addenda thereto, shall be binding upon the City.
45
46 4.1.2.Visit the site to become familiar with and satisfy Bidder as to the general, local and
47 site conditions that may affect cost,progress,performance or furnishing of the
48 Work.
49
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised December 19,2016
■11
002113-2
INSTRUCTIONS TO BIDDERS
Page 2 of 8
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1 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost,
2 progress,performance or furnishing of the Work.
3
4 4.1.4. Be advised that the Contract Documents on file with the City shall constitute all of
5 the information which the City will furnish.All additional information and data
6 which the City will supply after promulgation of the formal Contract Documents
7 shall be issued in the form of written addenda and shall become part of the Contract
8 Documents just as though such addenda were actually written into the original
9 Contract Documents.No information given by the City other than that contained in
10 the Contract Documents and officially promulgated addenda thereto, shall be *�
11 binding upon the City.
12
13 4.1.5.Perform independent research,investigations,tests,borings,and such other means .�
14 as may be necessary to gain a complete knowledge of the conditions which will be
15 encountered during the construction of the project. On request,City may provide
16 each Bidder access to the site to conduct such examinations,investigations,
17 explorations,tests and studies as each Bidder deems necessary for submission of a
18 Bid. Bidder must fill all holes and clean up and restore the site to its former
19 conditions upon completion of such explorations,investigations,tests and studies.
20
21 4.1.6. Determine the difficulties of the Work and all attending circumstances affecting the
22 cost of doing the Work,time required for its completion, and obtain all information
23 required to make a proposal.Bidders shall rely exclusively and solely upon their
24 own estimates,investigation,research,tests,explorations,and other data which are
25 necessary for full and complete information upon which the proposal is to be based.
26 It is understood that the submission of a proposal is prima-facie evidence that the
27 Bidder has made the investigation, examinations and tests herein required. Claims
28 for additional compensation due to variations between conditions actually
29 encountered in construction and as indicated in the Contract Documents will not be •�
30 allowed.
31
32 4.1.7. Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or
33 between the Contract Documents and such other related documents.The Contractor
34 shall not take advantage of any gross error or omission in the Contract Documents,
35 and the City shall be permitted to make such corrections or interpretations as may
36 be deemed necessary for fulfillment of the intent of the Contract Documents.
37
38 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of:
39
40 4.2.1. those drawings of physical conditions in or relating to existing surface and
41 subsurface structures(except Underground Facilities)which are at or contiguous to
42 the site that have been utilized by City in preparation of the Contract Documents.
43
44 4.2.2. copies of such reports and drawings will be made available by City to any Bidder
45 on request. Those reports and drawings may not be part of the Contract
46 Documents,but the "technical data"contained therein upon which Bidder is entitled
47 to rely as provided in Paragraph 4.02.of the General Conditions has been identified
48 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is
49 responsible for any interpretation or conclusion drawn from any"technical data" or
50 any other data, interpretations,opinions or information.
51
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised December 19,2016
0021 13-3
INSTRUCTIONS TO BIDDERS
Page 3 of 8
1 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i)
2 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without
3 exception the Bid is premised upon performing and furnishing the Work required by the
4 Contract Documents and applying the specific means,methods,techniques, sequences or
5 procedures of construction(if any)that may be shown or indicated or expressly required
6 by the Contract Documents,(iii)that Bidder has given City written notice of all
7 conflicts,errors,ambiguities and discrepancies in the Contract Documents and the
8 written resolutions thereof by City are acceptable to Bidder,and when said conflicts,
9 etc.,have not been resolved through the interpretations by City as described in
10 Paragraph 6.,and(iv)that the Contract Documents are generally sufficient to indicate
11 and convey understanding of all terms and conditions for performing and furnishing the
12 Work.
13
14 4.4.The provisions of this Paragraph 4, inclusive, do not apply to Asbestos,Polychlorinated
15 biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by
,.. 16 Paragraph 4.06.of the General Conditions,unless specifically identified in the Contract
17 Documents.
18
19 5. Availability of Lands for Work,Etc.
20
21 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for
22 access thereto and other lands designated for use by Contractor in performing the Work
23 are identified in the Contract Documents. All additional lands and access thereto
24 required for temporary construction facilities,construction equipment or storage of
25 materials and equipment to be incorporated in the Work are to be obtained and paid for
26 by Contractor. Easements for permanent structures or permanent changes in existing
27 facilities are to be obtained and paid for by City unless otherwise provided in the
28 Contract Documents.
29
30 5.2.Outstanding right-of-way, easements,and/or permits to be acquired by the City are listed
31 in Paragraph SC 4.01 of the Supplementary Conditions.In the event the necessary right-
32 of-way,easements, and/or permits are not obtained,the City reserves the right to cancel
33 the award of contract at any time before the Bidder begins any construction work on the
34 project.
..w 35
36 5.3. The Bidder shall be prepared to commence construction without all executed right-of-
37 way, easements, and/or permits,and shall submit a schedule to the City of how
38 construction will proceed in the other areas of the project that do not require permits
39 and/or easements.
40
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CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised December 19,2016
0021 13-4
INSTRUCTIONS TO BIDDERS
Page 4 of 8
1 6. Interpretations and Addenda
2
3 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to
4 City in writing on or before 5 p.m.,the Friday Prior to the Bid opening. Questions
5 received after this day may not be responded to.Interpretations or clarifications
6 considered necessary by City in response to such questions will be issued by Addenda
7 delivered to all parties recorded by City as having received the Bidding Documents.
8 Only questions answered by formal written Addenda will be binding. Oral and other
9 interpretations or clarifications will be without legal effect.
10
11 Address questions to:
12
13 City of Fort Worth
14 1000 Throckmorton Street
15 Fort Worth,TX 76102
16 Attn: Lee Soria or Kassem Elkhalil,Transportation and Public Works Department
17 Email: Leroy.soria@fortworthtexas.gov or kassem.elkhalil@fortworthtexas.gov
18 Phone: 817-392-8656 or 817-392-8742
19
20 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by
21 City.
22
23 6.3.Addenda or clarifications may be posted via Buzzsaw, in the following folder:
24
25 https://projectpoint.buzzsaw.com/fortworthgov/Infrastructure%20Projects/10205%20-
26 %20Traffic%2OSigLlal%2OPreventative%2OMaintenance%2OContract%201/Bid%20Doc
27 uments%20Packag_e? up blic
28
29 7. Bid Security ■•
30
31 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five
32 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting
33 the requirements of Paragraphs 5.01 of the General Conditions.
34
35 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award
36 have been satisfied. If the Successful Bidder fails to execute and deliver the complete
37 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in
38 default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited.
39 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all
40 other Bidders whom City believes to have a reasonable chance of receiving the award
41 will be retained by City until final contract execution.
42
43 8. Contract Times
44 The number of days within which, or the dates by which,Milestones are to be achieved in
45 accordance with the General Requirements and the Work is to be completed and ready for •�
46 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the
47 attached Bid Form.
48 ..,
49 9. Liquidated Damages
50 Provisions for liquidated damages are set forth in the Agreement.
51
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised December 19,2016
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002113-5
INSTRUCTIONS TO BIDDERS
Page 5 of 8
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1 10. Substitute and "Or-Equal" Items
2 The Contract,if awarded,will be on the basis of materials and equipment described in the
3 Bidding Documents without consideration of possible substitute or"or-equal"items.
4 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or"or-
5 equal' item of material or equipment may be furnished or used by Contractor if acceptable to
6 City,application for such acceptance will not be considered by City until after the Effective
7 Date of the Agreement. The procedure for submission of any such application by Contractor
8 and consideration by City is set forth in Paragraphs 6.05A.,6.05B.and 6.05C. of the General
9 Conditions and is supplemented in Section 0125 00 of the General Requirements.
10
11 11. Subcontractors,Suppliers and Others
12
R. 13 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No.20020-
14 12-2011 (as amended),the City has goals for the participation of minority business
15 and/or small business enterprises in City contracts.A copy of the Ordinance can be
16 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and
17 SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor
18 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint
19 Venture Form as appropriate. The Forms including documentation must be received
20 by the City no later than 2:00 P.M. CST, on the second business days after the bid
21 opening date. The Bidder shall obtain a receipt from the City as evidence the
22 documentation was received.Failure to comply shall render the bid as non-
23 responsive.
24
25 11.2. No Contractor shall be required to employ any Subcontractor, Supplier,other person
26 or organization against whom Contractor has reasonable objection.
27
28 12. Bid Form
i.r 29
30 12.1. The Bid Form is included with the Bidding Documents; additional copies may be
31 obtained from the City.
32
33 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form
34 signed in ink. Erasures or alterations shall be initialed in ink by the person signing
35 the Bid Form. A Bid price shall be indicated for each Bid item,alternative,and unit
36 price item listed therein. In the case of optional alternatives,the words "No Bid,"
37 "No Change," or"Not Applicable"may be entered.Bidder shall state the prices,
38 written in ink in both words and numerals,for which the Bidder proposes to do the
39 work contemplated or furnish materials required.All prices shall be written legibly.
40 In case of discrepancy between price in written words and the price in written
41 numerals,the price in written words shall govern.
42
43 12.3. Bids by corporations shall be executed in the corporate name by the president or a
44 vice-president or other corporate officer accompanied by evidence of authority to
• 45 sign. The corporate seal shall be affixed. The corporate address and state of
46 incorporation shall be shown below the signature.
47
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised December 19,2016
0021 13-6
INSTRUCTIONS TO BIDDERS
Page 6 of 8
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1 12.4. Bids by partnerships shall be executed in the partnership name and signed by a
2 partner,whose title must appear under the signature accompanied by evidence of
3 authority to sign. The official address of the partnership shall be shown below the
4 signature.
5
6 12.5. Bids by limited liability companies shall be executed in the name of the firm by a
7 member and accompanied by evidence of authority to sign. The state of formation of
8 the firm and the official address of the firm shall be shown.
9
10 12.6. Bids by individuals shall show the Bidder's name and official address.
11
12 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner
13 indicated on the Bid Form. The official address of the joint venture shall be shown. •
14
15 12.8. All names shall be typed or printed in ink below the signature.
16 �.
17 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of
18 which shall be filled in on the Bid Form.
19 _
20 12.10. Postal and e-mail addresses and telephone number for communications regarding the
21 Bid shall be shown.
22
23 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of
24 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance
25 to State Law Non Resident Bidder.
26 "^
27 13. Submission of Bids
28 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents,
29 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS,
30 addressed to Purchasing Manager of the City,and shall be enclosed in an opaque sealed
31 envelope,marked with the City Project Number,Project title,the name and address of
32 Bidder,and accompanied by the Bid security and other required documents. If the Bid is sent ..
33 through the mail or other delivery system,the sealed envelope shall be enclosed in a separate
34 envelope with the notation"BID ENCLOSED"on the face of it.
35 ,
36 14. Modification and Withdrawal of Bids
37
38 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office
39 cannot be withdrawn prior to the time set for bid opening. A request for withdrawal
40 must be made in writing by an appropriate document duly executed in the manner
41 that a Bid must be executed and delivered to the place where Bids are to be submitted
42 at any time prior to the opening of Bids.After all Bids not requested for withdrawal
43 are opened and publicly read aloud,the Bids for which a withdrawal request has been
44 properly filed may,at the option of the City,be returned unopened.
45
46 14.2. Bidders may modify their Bid by electronic communication at any time prior to the
47 time set for the closing of Bid receipt.
48 ..
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised December 19,2016
002113-7
INSTRUCTIONS TO BIDDERS
Page 7 of 8
1 15. Opening of Bids
2 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An
3 abstract of the amounts of the base Bids and major alternates(if any)will be made available
4 to Bidders after the opening of Bids.
5
6 16. Bids to Remain Subject to Acceptance
7 All Bids will remain subject to acceptance for the time period specified for Notice of Award
8 and execution and delivery of a complete Agreement by Successful Bidder. City may,at
9 City's sole discretion,release any Bid and nullify the Bid security prior to that date.
10
11 17. Evaluation of Bids and Award of Contract
12
.re 13 17.1. City reserves the right to reject any or all Bids, including without limitation the rights
14 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids
15 and to reject the Bid of any Bidder if City believes that it would not be in the best
,.� 16 interest of the Project to make an award to that Bidder,whether because the Bid is
17 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to
18 meet any other pertinent standard or criteria established by City. City also reserves
19 the right to waive informalities not involving price,contract time or changes in the
20 Work with the Successful Bidder. Discrepancies between the multiplication of units
21 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies
22 between the indicated sum of any column of figures and the correct sum thereof will
23 be resolved in favor of the correct sum. Discrepancies between words and figures
24 will be resolved in favor of the words.
25
26 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists
27 among the Bidders,Bidder is an interested party to any litigation against City,
28 City or Bidder may have a claim against the other or be engaged in litigation,
29 Bidder is in arrears on any existing contract or has defaulted on a previous
30 contract,Bidder has performed a prior contract in an unsatisfactory manner,or
31 Bidder has uncompleted work which in the judgment of the City will prevent or
.,i 32 hinder the prompt completion of additional work if awarded.
33
34 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and
.. 35 other persons and organizations proposed for those portions of the Work as to which
36 the identity of Subcontractors, Suppliers, and other persons and organizations must
37 be submitted as provided in the Contract Documents or upon the request of the City.
38 City also may consider the operating costs,maintenance requirements,performance
39 data and guarantees of major items of materials and equipment proposed for
40 incorporation in the Work when such data is required to be submitted prior to the
41 Notice of Award.
42
43 17.3. City may conduct such investigations as City deems necessary to assist in the
44 evaluation of any Bid and to establish the responsibility,qualifications,and financial
45 ability of Bidders,proposed Subcontractors, Suppliers and other persons and
46 organizations to perform and furnish the Work in accordance with the Contract
47 Documents to City's satisfaction within the prescribed time.
48
49 17.4. Contractor shall perform with his own organization,work of a value not less than
50 35%of the value embraced on the Contract,unless otherwise approved by the City.
51
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised December 19,2016
002113-8
INSTRUCTIONS TO BIDDERS
Page 8 of 8
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1 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and
2 responsive Bidder whose evaluation by City indicates that the award will be in the
3 best interests of the City.
4
5 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award
6 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than
7 the lowest bid submitted by a responsible Texas Bidder by the same amount that a
8 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a
9 comparable contract in the state in which the nonresident's principal place of
10 business is located.
11
12 17.7. A contract is not awarded until formal City Council authorization.If the Contract is
13 to be awarded,City will award the Contract within 90 days after the day of the Bid .-
14 opening unless extended in writing. No other act of City or others will constitute
15 acceptance of a Bid.Upon the contractor award a Notice of Award will be issued by
16 the City.
17
18 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid.
19 _
20 18. Signing of Agreement
21 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the
22 required number of unsigned counterparts of the Agreement. Within 14 calendar days
23 thereafter Contractor shall sign and deliver the required number of counterparts of the
24 Agreement to City with the required Bonds,Certificates of Insurance,and all other required
25 documentation. City shall thereafter deliver one fully signed counterpart to Contractor.
26 ow
27
28
29 END OF SECTION
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract i
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised December 19,2016
003513-1
CONFLICT OF INTEREST AFFIDAVIT
Page t of I
SECTION 00 3513
2 CONFLICT OF INTEREST AFFIDAVIT
3
4 Each bidder,offeror,or respondent(hereinafter also referred to as"you'"}to a City of Fort Worth
5 (also referred to as"City's procurement are required to complete Conflict of Interest
6 Questionnaire(the attached CIQ Form)and Local Government Officer Conflicts Disclosure
7 Statement(the attached CIS Form)below pursuant to state law.This affidavit will certify that the
8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on
9 City Work.The referenced forms may be downloaded from the website links provided below.
.A 10
11 http://www.ethics.state.tx.us/fom)s/CIQ.pd—f
12
13 b!V://www.ethics.state.tx.us/forms/CIS.pdf
14
15 0 CIQ Form is on file with City Secretary
16
'* 17 X[� CIQ Form is being provided to the City Secretary
18
19 0 CIS Form is on File with City Secretary
20
„�
��`�'I 21 F7X CIS Form is being provided to the City Secretary
22
23
me 24
25 BIDDER:
26 Y
SIEMENS INDUSTRY INC B WILLIAM TUCKER
28 Company (Please Print)
29 16560 AIR CENTER BLVD .
w 30 Signature:
31 Address
32 HOUSTON, TX 77032
33 Title: OPERATIONS MANAGED
34 City/State/Zip (Please Print)
35
36
37 END OF SECTION
an
CITY OF FORT WORTH Trafic Signal Preventative Maintenance Contract I
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#100864
Revised March 27,2012
00 41 00
+ BID FORM
Page 1 of 3
SECTION 00 41 00
on BID FORM
TO: The Purchasing Manager
c1o:The Purchasing Division
200 Texas Street
City of Fort Worth,Texas 76102
FOR: Traffic Signal Preventative Maintenance Contract 1
City Project No.: 100869
Units/Sections: Unit 1
1. Enter Into Agreement
.� The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form
included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents
for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions
of the Contract Documents.
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 calendar 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
ifaA 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 Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project ft 100869
Form Revised 20150821
7�
00 41 00
BID FORM
Page 2 of 3
-- 3. Prequalification
The Bidder acknowledges that the following work types must be performed only by prequalified contractors and
subcontractors:
a. None
.. 4. Time of Completion
4.1. The Work will be complete for Final Acceptance within the days specified in each task order.Work shall
begin within 5 business days of receipt of task order.Additional days will be granted at the discretion of the
'1e City due to inclement weather to complete work ordered.Time suspension requests for weather delays will
not be required.Weather days will be determined by the Engineering Manager or Designee and will be
tracked on a monthly calendar.
4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete
the Work within the times specified in each task order.
5. Attached to this Bid
The following documents are attached to and made a part of this Bid:
a. This Bid Form,Section 00 41 00
b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph
w. 5.01 of the General Conditions.
c. Proposal Form,Section 00 42 43
d. Vendor Compliance to State Law Non Resident Bidder,Section 00 43 37
e. MWBE Forms(optional at time of bid)
f. Conflict of Interest Affidavit, Section 00 35 13
`If necessary,CIQ or CIS forms are to be provided directly to City Secretary
g. 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.
aw
6.3. Total Bid: $ 289,705.00
7. Bid Submittal
■s
This Bid is submitted on MARCH 30, 2017 by the entity named below.
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#100869
Form Revised 20150821
w�
an
00 41 00
00 BID FORM
Page 3 of 3
1111
Respectfully bmitted, Receipt is acknowledged of the
following Addenda: Initial
rsr
By: 1Z Addendum No. 1:
(Signature) Addendum No.2:
WILLIAM TUCKER Addendum Na.3:
Addendum No.4:
.. (Printed Name)
Title: OPERATIONS MANAGER
Company: SIEMENS INDUSTRY INC Corporate Seal:
Address: 16560 AIR CENTER BLVD.
HOUSTON TX 77032
•• State of Incorporation: DELAWARE
Email: WILLIAM.TUCKER JR@SIEMENS.COM
Phone: (713) 458-8586
END OF SECTION
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+� CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#100869
Form Revised 20150821
r
00 42 43
BID PROPOSAL
Page 1 of 2
SECTION 00 42 43
PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bid]ist Item Specification Unit of Bid
do Description Section No. MeasureQuantityUnit Price Bid Value
1 9999.0001 Remove Vehic0ar Signal LED 3441 10 EA 518 $ 36.00 $18,648.00
2 9999.0002 Install Vehicular Signal LED 3441 10 EA 518 $ 36.00 $18.648.00
3 9999.0003 Replace(Remove existing and Install new) 3441 10 EA 518
Vehicular Signal LED , 64.00 $33,152.00
4 9999.0004 Remove Pedestrian Signal LED 34 41 10 EA 123 $ 36.00 $4,428.00
5 9999.0005 Install Pedestrian Signal LED 3441 10 EA 123 $ 54.00 $6,642.00
6 9999.0006 Replace(Remove existing and Install new) 3441 10 EA 123
Pedestrian Signal LED $ 80.00 $984000
7 9999.0007 Remove Pedestrian Push Button 3441 10 EA 117 $ 27.00 S3 1�-5 00
1W 8 9999.0008 Remove Pedestrian Push Button Sign_ 3441 10 EA 117 $ 17 00 S1 9'09.00
9 9999.0009 Install Pedestrian Push Button 3441 10 EA 117 $ 80.00 S9 K0,00
10 9999.0010 Install Pedestrian Push Button Sign 3441 10 EA 117 $ 22.00 $2,574,00
11 9999.0011 Replace(Remove existing and Install new) 3441 10 EA 117
Pedestrian Push Buttons/Sign $ _ 107.00 $1251900
12 9999.0012 Remove Pedestrian Signal Head Assembly 3441 10 EA 123
including clamshell bracket S 60'0C S9 540.0-C
13 9999.0013 Install Pedestrian Signal Head Assembly 3441 10 EA 123
including clamshell bracket _ $ 1(•C 0C $19,680.00
_
9999.0014 Replace(Remove existing and Install new)
14 Pedestrian Signal Head including clamshell bracket 3441 10 EA 123
$ 213.00 320.^99.x0
15 X999,0015 Remcve Vehicular Signal 3 Section Head_ 34 41 10 EA 138 $ 107.00 S14 66 C0
16 9999 0016 Irs,all Veh",cular Signal 3 Section Head 3441 10 EA 138 $ 160.00 $22,080 1,J0
zyu9 0017 emove existing and Install new)
17 3441 10 EA 138
_ Vehicuiar Signal 3 Section Head_ _ $ 213.00 $29,394 00
18 9999.0018 Remove Vehicular Signal 4 Section Head 34 41 10 EA 11 $ 107.00 $1,1 I i JG
19 _ 9999.0019 Install Vehicular Signal 4 Section Head 3441 10 EA 11 $ 160.00 $1,760013
20 9999.0020 Replace(Remove existing and Install new) 3441 10 EA 11
_ Vehicular Signal 4 Section Head $ 213.00 $2,343.00
9999,0021 Remove
ar
on
At 21 9999.0022 or
Vehicular' lSi Signal 51Sectionl Heada41 10 EA 12 S 133 CC ,. :.
I _ 31 59 C
9 (dog 19
22 house or vertical) 34 41 10 EA S 213 CC, S2 bi,3 CC
9999.0023 Replace(Remove existing and Install new)
23 Vehicular Signal 5 Section Head(dog house or vertical) 3441 10 EA 12
24 9999.0024 Remove Vehicular Signal Back Plate3441 10 EA 161 S 3(- 1: S5z 7 6 C0
25 _ 9999.0025 Install Vehicular Signal Back Plate 3441 10 EA 161 $ 36.00 57, C.1
9999.0026 Replace Remove existingand Install new)
_.____
ts'126 p ( ) 34 41 10 EA 161
Vehicular Signal Back Plate $ 43.00 S8 923�)0
9999.0027 Remove Signal Pole Mounted Fixture
27 3441 10 EA 26
Illuminabon $ 54.00 $1,404 00
9999.0028 Install Signal Pole Mounted Fixture
28 Illumination 3441 10 EA 26 $ 54.00 $1,404.00
29 9999.0029 Replace(Remove existing and Install new) 3441 10 EA 26
Signal Pole Mounted Fixture Illumination_. $ 54.00 $1,404.00
30_ 9999.0030 Remove Wire Connections 34 41 10 EA 100 1 $ 27.001 $2,700.00
s 31 9999.0031 Install Wire Connections 34 41 10 EA 100 $ 27.00 $2 700.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Traffic Signal Preventative Maintenance Contract 1
Form Revised 20120120 City Project#10205
7 00 42 43
BID PROPOSAL
Page 2 of 2
SECTION 00 42 43
PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information C3 dder;
Bidlist Item Description Specification Unit of Bid
Unit P Bir.9
No. Section No. Measure uanti
32 9999.0032 Replace(Remove existing and Install new) 3441 10 EA 100
no Wire Connections $ 54.00 $5.400.00.
10-Intersections Total Base Bid $289,705.00
Notes: 1.The City wil furnish all vehicular and pedestrian signal heads and mounting hardware,LED sections,push buttons and signs,back
plates,and fixtures.
No 2.Mobilization and traffic control shall be considered subsidiary to the various bid items
END OF SECTION
No
do
A/
No
on
tint
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so
1W
A
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CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Traffic Signal Preventative Maintenance Contract 1
Form Revised 20120120 City Project#10205
00 43 13
BID BOND
re Page 1 of 1
SECTION 00 43 13
BID BOND Bond Number:79434433-CHU-17-64
KNOW ALL BY THESE PRESENTS:
That we, (Bidder Name) Siemens Industry Inc. hereinafter
called the Principal,and(Surety Name) Federal Insurance Company
a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety,
are held and firmly bound unto the City, hereinafter called the Obligee, in the
.+ sum of Five Percent of Bid Amount and No/100 Dollars
($ 5%Amount Bid .00), the payment of which sum will be well and truly made and the
said Principal and the said Surety, bind ourselves, our heirs,executors, administrators, successors and assigns,jointly
and severally,firm by these presents.
WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Obligee,
identified as Traffic Signal Preventative Maintenance Contract i
NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to
the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the
Contract and shall enter into the Contract in writing with the Obligee in accordance with the terms of such proposal,
then this bond shall be null and void. If the Principal fails to execute such Contract in accordance with the terms of
such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in
.. accordance with the proposal or fails to satisfy all requirements and conditions required for the execution of the
Contract in accordance with the proposal, this bond shall become the property of the Obligee, without recourse of the
Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate Obligee for the difference
between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount.
SIGNED this 30th day of March 2017.
By; Siemens 1 dustry Inc. If
(Signature and Title of Principal)
*By. Federal Insurance Company ( ,
Brittany D.Clavin,A Ene)yln-Fact (Signature of Attorney-of-Fact)
*Attach Power of Attorney(Surety)for Attorney-in-Fact Impressed
Surety Seal
Only
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Traffic Signal Preventative Maintenance Contract 1
Form Revised 20110627 City Project#100869
r
ACKNOWLEDGMENT BY SURETY
STATE
OF Missouri
as City of St. Loins
} ss.
30th March 2017
Oil this day of ,before me personally
Brittany D. Clavin
appeared ,known to me to be the Attorney-in-Fact of
Federal Insurance Company
the corporation
that executed die within instrument,and acknowledged to me that such corporation executed the same.
IN MUNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid
County,the day and year in this certificate first above written.
r Li2�
aiidra L. Ham
,., My Commission Expires: 01/18/2021 Notary Public in die State of Missouri
(Seal) County of St.Louis
Commission#12450177
SANDRA L. HAM
Public, Notary Seat
at Missouri
uis County
Commission # 124501 77
My Comrnlsslon Expires January 18, 2021
S-0230/GEEF 2/98
Chubb POWER Federal Insurance Company Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059
.' ot�sse
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New York corporation,and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and
appoint Pamela A. Beeiman, Cynthia L. Choren, Brittany 0. Clavin, Joann R. Frank, Sandra L. Ham, Heidi A. Notheisen,
Karen L.Roider and Debra C.Schneider of St.Louis,Missouri----- ------
each as their true and lawful Attorney-In-Fact to execute under such designation In their names and to affix their corporate seals to and delver for and on their behalf as surety
Maroon or otherwise,bonds and undertakings and other writings obligatory In the nature thereof(other than bail bonds)given or executed In the course of business,and any
Instruments amending or altering the some,and consents to the modification or akeration of any Instrument referred to in said bonds or obligations.
In Witness Whereof,said FEDERAL INSURANCE COMftANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seals on this 1 dayof March,2016.
Da -kL Chloros,Assistant Secretary Dav' . orris,Jc,Vice Presi
K
►' ear ° —*" •�y'rrw�*
4ouM Y�' Moue
STATE OF NEW JERSEY
ss.
County or Somerset
On this 1'` day of March, 2016 before me,a Notary Public of New Jersey,personally came Dawn M.Chloros,to me known to be Assistant Secretary of FEDERAL
INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the
said Dawn M. Chloros, being by me duty swum, did depose and say that she Is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE
COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seats
and were thereto affixed by authority of the By-Laws of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority;
and that she Is acquainted with David B.Norris,Jr.,and knows him to be Vice President of said Componles;and that the signature of David B.Norris,Jr.,subscribed to said
Power of Attorney is In the genuine handwriting of David B.Norris, b and was thereto subscribed by authority of said By-Laws and In deponent's presence.
Notarial Seal
F KATHERINE J. NEWJ R
�aOTA�y NOTARY PUBLIC OF NEW JERSEY
No.2318685
PtJKit COrnmlaslon Explies Jlrly 16,2019 Notary Pulrfio
� JESg� CERTIFICATION
Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY„and PACIFIC INDEMNITY COMPANY:
'Except as otherwise provided In these By-laws or by law or as otherwise directed by the Board of Directors,the President or any Vice President shalt be authorized to
execute and doWw,in the name and on behalf of the Corporation,all agreements,bonds,contracts,deeds,mortgages,and other instruments,either for the Corporation's
own account or in a fiduciary or other capacity,and the seal of the Corporation,if appropriate,shall be affixed thereto by any of such officers or the Secretary or an Assistant
Secretary. The Board of Directors,the President or any Vice President designated by the Board of Directors may authorize any other officer,employee or agent to execute
and deliver, In the name and on behalf of the Corporation,agreements,bonds,contracts,deeds, mortgages,and other Instruments,either for the Corporation's own
account or in a fiduciary or other capacity,and,t appropriate,to affix the seal of the Corporation thereto. The gram of such authority by the Board or any such officer may
be general or confined to specific instances.'
I,Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY„and PACIFIC INDEMNITY COMPANY(the'Componiesl
do hereby certify that
(q the foregoing extra of Bre By-Laura of the Companies is true and correct,
M the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S.TnNsW Department;father,Federal and Vigilant are licensed In the U.S.Virgin Islands,and Federal N licensed in Guam,Puerto
Rico,and each of the Provinces of Canada except Prince Edward Island;and
pit) the foregoing Power of Attorney Is true,correct and in full force and effect.
Given under my hand and seals of said Companies at Warren,NJ this 30th day of Mar ch r 2017 .
Dawn I.I.Chloros,Assia6ant gecriW
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS
ISTED ABOVE,OR BY 7 sob 903-3197 Fax 906 903-3011 04"t surshlwitft-min
Form 15.10-02258-U GEN CONSIENT(rev.07-15)
FEDERAL INSURANCE COMPANY
STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS
Statutory Basis
DECEMBER 31,2015
N (in thousands of dollars)
LIABILITIES
AND
ASSETS SURPLUS TO POLICYHOLDERS
Cash and Short Term Investments................ $ 687,917 Outstanding Losses and Loss Expenses..... $ 12,174,848
United States Government,State and Unearned Prern kmtis..................................... 3,726,665
Municipal Bonds......................................... 9,544,097 Dividends Payable to Stockholder............... 1,400,000
Other Bonds.................................................. 4,491,238 Ceded Reinsurance Premiums Payable....... 329,694
Stocks........................................................... 692,901 Provision for Reinsurance............................ 35,560
Other Invested Assets................................... 2,187,839 Other Liablillitko............................................. 1,295,093
TOTAL INVESTMENTS............................... 17,603,992 TOTAL LIABILITIES.................................... 18,961,860
Investments in Affiliates:
Chubb Investment Holdings,Inc................ 3,679,770 Capital Stock................................................ 20,980
Pacific Indemnity Company........................ 2,930,246 Paid-In Surplius............................................. 3,106,809
Executive Risk Indemnity Inc...................... 1,267,144 Unassigned Funds....................................... 10,150,916
Chubb Insurance Investment Holdings Ltd.... 1,020,650
CC Canada Holdings Ltd............................ 590,955
Great Northern Insurance Company.......... 469,230 SURPLUS TO POLICYHOLDERS.............. 13,278,705
Chubb Insurance Company of Australia Ltd. 404,845
Vigilant Insurance Company....................... 306,232
Chubb European Investment Holdings SLP.. 294,200
Other Affiliates............................................ 566,480
Premiums Receivable................................... 1,659,749
Other Assets................................................. 1,447,072
.M.
TOTAL LIABILITIES AND SURPLUS
TOTAL ADMITTED ASSETS...................... $ 32,240,565 TO POLICYHOLDERS............................. $ 32,240,565
Investments are valued in accordance with requirements of the National Association of Insurance Commissioners.
At December 31,2015,investments with a carrying value of$546,611,273 were deposited with government authorities
as required by law.
State,County&City of New York, — ss:
Dawn M.Chloros,Assistant Secretary of the Federal Insurance Company
being duly sworn,deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said
Federal Insurance Company on December 31,2015 is true and correct and is a true abstract of the Annual Statement of said
Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31,2015.
Subscribed and sworn to before me
this March 11,2016.
JEANETrE SHIPSEY Assistant Secretary
Notary Public,State of New York
Notary Public V No.02SH5074142
Qualified In Nassau County
Commission Expires March 10,2019
Form 15-10-W13A(Rev.3/16)
.r
..
00 43 37
"ft VENDOR COMPLIANCE TO STATE LAW
Page 1 of 1
SECTION 00 43 37
VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER
.. Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law
provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors
whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction,
improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the
.a same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a
comparable contract in the State which the nonresident's principal place of business is located.
.. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet
specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders
must check the box in Section B.
*� A. Nonresident bidders in the State of our principal place of business,
are required to be percent lower than resident bidders by State Law. A copy of the
statute is attached.
.. Nonresident bidders in the State of our principal place of business,
are not required to underbid resident bidders.
Am B. The principal place of business of our company or our parent company or majority owner is
in the State of Texas. X
BIDDER:
SIEMENS INDUSTRY INC, By:
WILLIAM TUC
ITS
16560 AIR CENTER BLVD (signature)
HOUSTON TX 77032
AW Title: OPERATIONS MANAGER
Date: MARCH 29, 2417
••
.r. END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Traffic Signal Preventative Maintenance Contract 1
Form Revised 20110627 City Project No.100869
004526-1
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Page 1 of 1
1 SECTION 00 45 26
2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
3 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it
4 provides worker's compensation insurance coverage for all of its employees employed on City
5 Project No. C10205. Contractor further certifies that,pursuant to Texas Labor Code, Section
6 406.096(b),as amended, it will provide to City its subcontractor's certificates of compliance with
7 worker's compensation coverage.
8
9 CONTRACTOR:
10
11 SIEMENS INDUSTRY, INC By: WILLIAM TUCKER
12 Company (Please Print)
13
14 16560 AIR CENTER BLVD. Signature:
15 Address
16
17 HOUSTON, TEXAS 77032 Title: OPERATIONS MANAGER
18 City/State/Zip (Please Print)
19
20
21 THE STATE OF TEXAS §
22
23 COUNTY OF TARRANT §
24
25 BEFORE ME,tTL-L4-UA--
ndersigned authority, on this day personally appeared
26 ���� ,known to me to be the person whose name is
27 subscribed to the fore oing instrument, and acknowledged to me that he/she executed the same as
28 the act and deed of for the purposes and
29 consideration therein expressed and in the capacity therein stated.
30
31 GJVEN UNDER MY HAND AND SEAL OF OFFICE this day of
32 20
33
34
35 ,�,�
36 � Notary
IDANGELA MORE13071 11 N a4Pzin and for t e State of Texas
Notaryt0� 130717660
37 My Commission Expires
a„�a June 27,2020
38 ID OF SECTION
39
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.C10205
Revised July 1,2011
004540-1
Minority Business Enterprise Specifications
Page 1 of 2
rw
1 SECTION 00 45 40
.r 2 Minority Business Enterprise Specifications
3 APPLICATION OF POLICY
4 If the total dollar value of the contract is greater than $50,000, then a MBE subcontracting goal is
•� 5 applicable.
6
7 POLICY STATEMENT
8 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority
9 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and
10 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid.
11
12 MBE PROJECT GOALS
13 The City's MBE goal on this project is 5%of the total bid value of the contract(Base bid applies to Parks
14 and Community Services).
15
16 Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror
17 must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive.
*� 18
19 COMPLIANCE TO BID SPECIFICATIONS
20 On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to
., 21 comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following:
22 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or
23 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or
24 3. Good Faith Effort documentation,or;
25 4. Prime Waiver documentation.
26
27 SUBMITTAL OF REQUIRED DOCUMENTATION
28 The applicable documents must be received by the Purchasing Division, within the following times
29 allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror sball
30 deliver the MBE documentation in person to the appropriate employee of the purchasing division and
31 obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the
32 tinic allocated. A faxed and/or emailed copy will not be accepted.
33
1. Subcontractor Utilization Form, if received no later than 2:00 p.m., on the second City business
goal is met or exceeded: day after the bid opening date, exclusive of the bid opening
date.
r. 2. Good Faith Effort and received no later than 2:00 p.m., on the second City business
Subcontractor Utilization Form,if day after the bid opening date, exclusive of the bid opening
participation is less than stated goal: date.
,. 3. Good Faith Effort and received no later than 2:00 p.m., on the second City business
Subcontractor Utilization Form, if no day after the bid opening date, exclusive of the bid opening
MBE participation: date.
4. Prime Contractor Waiver Form, received no later than 2:00 p.m., on the second City business
if you will perform all day after the bid opening date, exclusive of the bid opening
contracting/supplier work: date.
34
w CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised June 9,2015
■II
�r
004540-2
Minority Business Enterprise Specifications
Page 2 of 2
1
5. Joint Venture Form,if goal is met received no later than 2:00 p.m., on the second City business
or exceeded. day after the bid opening date, exclusive of the bid opening
date.
2 FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE
3 WILL RESULT IN THE BID BEING CONSIDERED NON-RESONSIVE TO SPECIFICATIONS.
4 FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID
BEING CONSIDERED NON-RESPONSIVE.A SECOND FAILURE WILL RESULT IN THE OFFEROR
5 BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR THREE FAILURES IN A FIVE YEAR
PERIOD WILL RESULT IN A DISQUALIFICAITON PERIOD OF THREE YEARS.
6
7 Any Questions,Please Contact The MIWBE Office at(817)212-2674.
8 END OF SECTION
9
10
11
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised June 9,2015
w.
005243-1
Agreement
Page 1 of 5
1 SECTION 00 52 43
2 AGREEMENT
3 THIS AGREEMENT, authorized on March 30, 2017 is made by and between the City of Forth
4 Worth, a Texas home rule municipality,acting by and through its duly authorized City Manager,
5 ("City"),and Siemens Industry,Inc.,authorized to do business in Texas,acting by and through its
6 duly authorized representative,("Contractor").
7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
8 follows:
9 Article 1.WORK
10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the
11 Project identified herein.
12 Article 2.PROJECT
13 The project for which the Work under the Contract Documents may be the whole or only a part is
14 generally described as follows:
15 Traffic Signal Maintenance Contract 1
16 City Project No.C10205
17 Article 3.CONTRACT TIME
18 3.1 Time is of the essence.
19 The contract time period is one calendar year or the expiration of the funding, whichever
20 occurs last. All time limits for Milestones, if any, and Final Acceptance as stated in the
21 Contract Documents are of the essence to this Contract.
22 3.2 Final Acceptance.
23 The Work will be complete for Final Acceptance within the number of calendar days
24 specified in each task order.
25 3.3 Liquidated damages
26 Contractor recognizes that time is of the essence of this Agreement and that City will
27 suffer financial loss if the Work is not completed within the times specified in Paragraph
28 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the
29 General Conditions. The Contractor also recognizes the delays, expense and difficulties
30 involved in proving in a legal proceeding the actual loss suffered by the City if the Work
31 is not completed on time. Accordingly, instead of requiring any such proof, Contractor
32 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay
33 City One Hundred Sixty Dollars ($160.00) for each day that expires after the time
34 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of
35 Acceptance.
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract I
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.C10205
Revised January 6,2017
005243-2
Agreement
Page 2 of 5
36 Article 4.CONTRACT PRICE
37 City agrees to pay Contractor for performance of the Work in accordance with the Contract
38 Documents an amount in current funds of as determined in each task order supplemental to this
39 agreement. At no time shall the contract total exceed$95,000 without written approval from the
40 City of Fort Worth City Council.
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 b. Current Prevailing Wage Rate Table
51 c. Insurance ACORD Form(s)
52 d. Payment Bond
53 e. Performance Bond
54 f. Maintenance Bond
55 g. Power of Attorney for the Bonds
56 h. Worker's Compensation Affidavit
57 i. MBE and/or SBE Commitment Form
58 3. General Conditions.
59 4. Supplementary Conditions.
60 5. Specifications specifically made a part of the Contract Documents by attachment
61 or, if not attached, as incorporated by reference and described in the Table of
62 Contents of the Project's Contract Documents.
63 6. Drawings.
64 7. Addenda.
65 8. Documentation submitted by Contractor prior to Notice of Award.
66 9. The following which may be delivered or issued after the Effective Date of the
67 Agreement and,if issued,become an incorporated part of the Contract Documents:
68 a. Notice to Proceed.
69 b. Field Orders.
70 c. Change Orders.
71 d. Letter of Final Acceptance.
72
73
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.C10205
Revised January 6,2017
005243-3
Agreement
Page 3 of 5
74 Article 6. INDEMNIFICATION
75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
76 expense, the city, its officers, servants and employees, from and against any and all
77 claims arising out of, or alleged to arise out of, the work and services to be performed
78 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
79 under this contract. This indemnification provision is specifically intended to operate
80 and be effective even if it is alleged or proven that all or some of the damages being
81 sought were caused, in whole or in part, by any act,omission or negligence of the city.
82 This indemnity provision is intended to include, without limitation, indemnity for
83 costs,expenses and legal fees incurred by the city in defending against such claims and
84 causes of actions.
85
86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
87 the city,its officers,servants and employees,from and against any and all loss,damage
88 or destruction of property of the city,arising out of,or alleged to arise out of,the work
89 and services to be performed by the contractor, its officers, agents, employees,
90 subcontractors, licensees or invitees under this contract. This indemnification
91 provision is specifically intended to operate and be effective even if it is alleged or
92 proven that all or some of the damages being sought were caused, in whole or in part,
93 by any act,omission or negligence of the city.
94
95 Article 7. MISCELLANEOUS
96 7.1 Terms.
97 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
98 have the meanings indicated in the General Conditions.
99 7.2 Assignment of Contract.
100 This Agreement, including all of the Contract Documents may not be assigned by the
101 Contractor without the advanced express written consent of the City.
102 7.3 Successors and Assigns.
103 City and Contractor each binds itself, its partners, successors, assigns and legal
104 representatives to the other party hereto, in respect to all covenants, agreements and
105 obligations contained in the Contract Documents.
106 7.4 Severability.
107 Any provision or part of the Contract Documents held to be unconstitutional, void or
108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
109 remaining provisions shall continue to be valid and binding upon CITY and
110 CONTRACTOR.
111 7.5 Governing Law and Venue.
112 This Agreement, including all of the Contract Documents is performable in the State of
113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
114 Northern District of Texas,Fort Worth Division.
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.C10205
Revised January 6,2017
005243-4
Agreement
Page 4 of 5
115 7.6 Other Provisions.
116 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is
117 classified, promulgated and set out by the City, a copy of which is attached hereto and
118 made a part hereof the same as if it were copied verbatim herein.
119 7.7 Authority to Sign.
120 Contractor shall attach evidence of authority to sign Agreement, if other than duly
121 authorized signatory of the Contractor.
122
123
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.C10205
Revised January 6,2017
005243-5
Agreement
Page 5 of 5
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: City of F
Siemens Industry,Inc.
By:
Jay Chapa
By: Assistant City Manager
(Signa ure)
\ l Date �l `
Attest:
(Printed Name) City Secretary 'rvQ
(Seal)
Title: U ;_
Address:
• J
16560 Air Center Blvd M&C Nq &C
Houston,Texas Date: JY �xP`s
77032 "
Contract Compliance Manager:
/y- By signing,I acknowledge that I am the person
7 responsible for the monitoring and
Date administration of this contract, including
ensuring all performance and reporting
requirements.
Ali Niozdbar,P.E.
Engineering Manager
A_Prov to Form and Legality:
Dougia� W.Black
Assistant City Attorney
129
130
131 APPROVAL RECOMMENDED:
132
133
134 (�✓. w
135 Douglas Yiersig,P.E.
136 Director
137 Transportation and Public Works
138
OFFICIAyL�RECORD
CITY OF FORT WORTH CIT` - ORMARyt ive Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FT. WORTH,Tx City Project No.C10205
Revised January 6,2017
PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING
ISRAEL
Contractor acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, the City is prohibited from entering into a contract with a
company for goods or services unless the contract contains a written verification
from the company that it: (1) does not boycott Israel; and(2)will not boycott Israel
during the term of the contract. The terms "boycott Israel" and "company" shall
have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this contract, Contractor certifies that Contractor's
signature provides written verification to the City that Contractor: (1) does not
boycott Israel, and(2) will not boycott Israel during the term of the contract
Signature
Operations Manager SE
Title
December 26, 2017
Date
0061 13-1
PERFORMANCE BOND
Page 1 of 2
Bond Number:8246-09-38
1 SECTION 00 6113
2 PERFORMANCE BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7 That we, Siemens Industry.Inc.,known as"Principal"herein and Federal Insurance
8 Company ,a corporate surety(sureties, if more
9 than one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether
10 one or more),are held and firmly bound unto the City of Fort Worth, a municipal corporation
11 created pursuant to the laws of Texas,known as"City"herein, in the penal sum of,Ninety Five
12 Thousand Dollars($95,000.00 , lawful money of the United States,to be paid in Fort Worth,
13 Tarrant County,Texas for the payment of which sum well and truly to be made,we bind
14 ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,
15 firmly by these presents.
16 WHEREAS,the Principal has entered into a certain written contract with the City
17 awarded the 30 day of March 2017,which Contract is hereby referred to
18 and made a part hereof for all purposes as if fully set forth herein,to furnish all materials,
19 equipment labor and other accessories defined by law,in the prosecution of the Work, including
20 any Change Orders, as provided for in said Contract designated as Traffic Signal Preventative
21 Maintenance Contract 1 City Project No.C 10205.
22 NOW,THEREFORE,the condition of this obligation is such that if the said Principal
23 shall faithfully perform it obligations under the Contract and shall in all respects duly and
24 faithfully perform the Work, including Change Orders,under the Contract,according to the plans,
25 specifications, and contract documents therein referred to, and as well during any period of
26 extension of the Contract that may be granted on the part of the City,then this obligation shall be
27 and become null and void,otherwise to remain in full force and effect.
28 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in
29 Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort
30 Worth Division.
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No C 10205
Revised July 1,2011
0061 13-2
PERFORMANCE BOND
Page 2 of 2
1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
2 Texas Government Code, as amended,and all liabilities on this bond shall be determined in
3 accordance with the provisions of said statue.
4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED
5 this instrument by duly authorized agents and officers on this the 21st day of November
6 ,2017
7 PRINCIPAL:
8 Siemens Industry,Inc.
9
10
11 BY:
12 Signature
13 DTTT:
14
15 '
16 OiAc`tpao Secretary Name and Title
17
18 Address: 16560 Air Center Blvd.
19 Houston,Texas 77032
20
21
22 Witness as to Princip
23 SURETY:
24 Federal Insurance Company
25
26
27 BY:
28 Signature
29
30 Brittany D.Clavin,Attorney-In-Fact
31 Name and Title
32
33 Address:701 Market Street
34 Suite 1100
35 St.Louis,MO 63101
36
37 Witntss as to SuretyTelephone Number: 314-621-5540
38 Cynthia L.Choren,Witness
39
40
41 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract
42 from the by-laws showing that this person has authority to sign such obligation. If
43 Surety's physical address is different from its mailing address, both must be provided.
44 The date of the bond shall not be prior to the date the Contract is awarded.
45
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract t
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No C 10205
Revised July 1,2011
ACKNOWLEDGMENT BY SURETY
STATE
OF Missouri
City of St. Louis
On this 21 st day of November 2017 ,before me personally
appeared Brittany D. Clavin , known to me to be the Attorney-in-Fact of'
Federal Insurance Company
the corporation
that executed the Nvithin instrument,and acknowledged to me that such corporation executed the same.
IN NVITNFSS «'HEREOF, I have hereunto set my hand mid affixed my official seal, at my office in the aforesaid
County,the day and year in this certificate first above N«-itten.
Jo: i i R. Frani:
My Commission Expires: lune 20, 2018 No ary Public in the State of Missouri
(Seal) City of St. Louis
Commission#11395672
S-0230/GEEF 2/98
CHUBB`
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,and PACIFIC
INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint Pamela A.Beelman,Cynthia L.Choren,Brittany D.Clavin,Joann R.Frank,
Sandra L.Ham,Heidi A.Notheisen,Karen L.Roider and Debra C.Schneider of St.Louis,Missouri---------------------------------------------------------------------
each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise,bonds on behalf of contractors in connection with bids,proposals or contracts to the Commonwealth of Kentucky in an unlimited amount.
It is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to
the Commissioner-Department of Highways of the Commonwealth of Kentucky at least thirty days prior to the modification or revocation.
In Witness Whereof.said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these
presents and affixed their corporate seals on this 22od day of September,2017. g-t_�
Dtiwn M.ChIorcis %!4ivantSwretary Stephen M Haney.Vice Presids-mt
Q ,
STATE OF NEW JERSEY
County of Hunterdon ss.
On this 221d day of September,2017 before me,a Notary Public of New Jersey,personally came Dawn M.Chloros,tome known to be Assistant Secretary of FEDERAL INSURANCE
COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M.
Chloros,being by me duly sworn,did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC
INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by
authority of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that she is acquainted with Stephen M.
Haney,and knows him to be Vice President of said Companies;and that the signature of Stephen M.Haney,subscribed to said Power of Attorney is in the genuine handwriting of
Stephen M.Haney,and was thereto subscribed by authority of said Companies and in deponent's presence.
Notarial Seal
t Nmary IMnllr KATHERILIC NE L ADELAAR
tAq r NOTARY PUBOF NEW JERSEY
r x No.231SX6
pt/Bf iC COmmBtran EWM JWy 16,2018 _
JEtt`'�
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016:
"RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizances.contracts and other written commitments of the Company
entered into in the ordinary course of business(each a"Written Commitment"):
(1) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the
seal of the Company or otherwise.
(2) Each duly appointed attomey-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or
otherwise,to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact.
(3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney-
in-fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the
Company as may be specified in such written appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular
Written Commitments.
(4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing to any other officer of the
Company the authority to execute,for and on behalf of the Company, under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such
written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments.
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to bean exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of
the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested."
1,Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the"Companies-)do hereby
certify that
(f) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect,
(ff) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in the U.S.Virgin Islands,and Federal is licensed in Guam,Puerto Rico,
and each of the Provinces of Canada except Prince Edward Island;and
(iii) the foregoing Power of Attorney is true,correct and in full force and effect.
Given under my hand and seals ofsaid Companies at Whitehouse Station,NJ,this 21 st day of November, 2017.
*jW) 0(P Dawn M.Chkxns,Assistant Secretarf
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT:
Telephone(908)903-3493 Fax(908)903-3656 e-mail:surety@chubb.com
Form 1510-0192&U KY HWY(rev.12-16)
FEDERAL INSURANCE COMPANY
STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS
Statutory Basis
DECEMBER 31,2016
(in thousands of dollars)
LIABILITIES
AND
ASSETS SURPLUS TO POLICYHOLDERS
Cash and Short Term Investments................ $ (86,990) Outstanding Losses and Loss Expenses..... $ 11,482,308
United States Government,State and Unearned Premiums..................................... 2,723,875
Municipal Bonds......................................... 8,135,311 Ceded Reinsurance Premiums Payable....... 566,868
Other Bonds.................................................. 5,471,330 Provision for.Reinsurance............................ 29,339
Stocks........................................................... 130,689 Other Liabilities............................................. 1,144,976
Other Invested Assets................................... 1,289,903
TOTAL INVESTMENTS............................... 14,940,243 TOTAL LIABILITIES.................................... 15,947,366
Investments in Affiliates:
Chubb Investment Holdings,Inc................ 3,727,406 Capital Stock................................................ 20,980
Pacific Indemnity Company........................ 2,926,619 Paid-In Surplus............................................. 3,106,809
Executive Risk Indemnity Inc...................... 1,250,965 Unassigned Funds....................................... 8,296,020
Great Northern Insurance Company.......... 504,162
Vigilant Insurance Company....................... 319,505
Chubb European Investment Holdings,SLP. 277,361 SURPLUS TO POLICYHOLDERS.............. 11,423,809
Chubb Custom Insurance Company.......... 214,956
Chubb National Insurance Company......... 162,929
Chubb Indemnity Insurance Company....... 163,668
Other Affiliates............................................ 70,204
Premiums Receivable................................... 1,510,107
Other Assets................................................. 1,303,050
TOTAL LIABILITIES AND SURPLUS
TOTAL ADMITTED ASSETS...................... $ 27,371,175 TO POLICYHOLDERS............................. $ 27,371,175
Investments are valued in accordance with requirements of the National Association of Insurance Commissioners.
At December 31,2016, investments with a carrying value of$565,702,495 were deposited with government authorities
as required by law.
State,County&City of New York, — ss:
Dawn M.Chloros,Assistant Secretary of the Federal Insurance Company
being duly sworn,deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said
Federal Insurance Company on December 31,2016 is true and correct and is a true abstract of the Annual Statement of said
Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31, 2016.
Subscribed and sworn to before me
this March 3,2017.
JEANETTE SHIPSEY Assistant Secretary
Notary Public,State of New York
Notary Public V No.02SH5074142
Qualified in Nassau County
Commission Expires March 10,2019
Form 15-10-0313A(Rev.3/17)
0061 14-1
PAYMENT BOND
Page 1 of 2
Bond Number:8246-09-38
1 SECTION 00 61 14
2 PAYMENT BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7 That we, Siemens Industry. Inc. known as "Principal" herein, and Federal Insurance
8 Company , a corporate surety (sureties), duly
9 authorized to do business in the State of Texas, known as"Surety"herein(whether one or more),
10 are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant
11 to the laws of the State of Texas, known as "City" herein, in the penal sum of Ninety Five
12 Thousand Dollars ($95,000.00), lawful money of the United States, to be paid in Fort Worth,
13 Tarrant County, Texas, for the payment of which sum well and truly be made,we bind ourselves,
14 our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these
15 presents:
16 WHEREAS,Principal has entered into a certain written Contract with City, awarded the
17 30th day of March, 2017, which Contract is hereby referred to and made a part hereof for all
18 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other
19 accessories as defined by law,in the prosecution of the Work as provided for in said Contract and
20 designated as Traffic Signal Preventative Maintenance Contract 1 City Project No. C 10205.
21 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
22 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in
23 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
24 the Contract, then this obligation shall be and become null and void; otherwise to remain in full
25 force and effect.
26 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
27 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
28 accordance with the provisions of said statute.
29
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.C 10205
Revised July 1,2011
0061 14-2
PAYMENT BOND
Page 2 of 2
1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED
2 this instrument by duly authorized agents and officers on this the 21st day of
3 November —,20 17
4
PRINCIPAL:
SIEMENS INDUSTRY INC.
AT ST:
BY:
-"Z
C�,�-��
Signature
1 10.4
(Pr ipa) cretary Name and Title
Address: 16560 Air Center Blvd.
Houston Texas 77032
Witness as to Princi
SURETY:
ederal Insurance Company
ATTEST: BY:
Signature
AJ0 Brittany D.Clavin,Attorney-In-Fact
u ety)4C M. Jcnes, Vdtie s Name and Title
Address: 701 Market Street
Suite 1100
St.Louis,MO 63101
Wi ess as to Surety
Cynthia L.Choren,witness Telephone Number: 314-621-5540
5
6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the
7 bylaws showing that this person has authority to sign such obligation. If Surety's physical
S address is different from its mailing address,both must be provided.
9
10 The date of the bond shall not be prior to the date the Contract is awarded.
11 END OF SECTION
12
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.C 10205
Revised July 1,2011
ACKNOWLEDGMENT BY SURETY
STATE
OF Missouri
City of St. Louis
On this 21 st day of November � 2017 , before me personally
appeared Brittany D. Clavin , k,no,,w to inc to be the Attorucy-inn-Fact of
Federal Insurance Company
the corporation
that executed the within instrument, and acknowledged to me that such corl)oration executed the same.
IN `WITNESS `'HEREOF, I haw hereunto set my hand mid affixed my official seal, at my office in the aforesaid
County,the day and year in this certificate first above"Titter.
Jo , n R. Frank
My Commission Expires: _Tune 20, 2018_ Notary Public in the State of Missouri
(Seal) City of St. Louis
77
Commission#11395672
Nptor
S
Carr-m 1
P^.i CpfTlf 1
S-0230/GEEF 2/98
CHUBEB'
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,and PACIFIC
INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint Pamela A.Beelman,Cynthia L.Choren,Brittany D.Clavin,Joann R.Frank,
Sandra L.Ham,Heidi A.Notheisen,Karen L.Roider and Debra C.Schneider of St.Louis,Missouri--------------------------------------------------------------------
each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise,bonds on behalf of contractors in connection with bids,proposals or contracts to the Commonwealth of Kentucky in an unlimited amount.
It is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to
the Commissioner-Department of Highways of the Commonwealth of Kentucky at least thirty days prior to the modification or revocation.
In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these
presents and affixed their corporate seals on this 22o4 day of September,2017.
flown M.Chkxus A%Want SLtrttaBy Stephen M Haney,Vice President
STATE OF NEW JERSEY
County of Hunterdon SS.
On this 22v4 day of September,2017 before me,a Notary Public of New Jersey,personally came Dawn M.Chloros,to me known to be Assistant Secretary of FEDERAL INSURANCE
COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M.
Chloros,being by me duly swom,did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC
INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by
authority of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that she is acquainted With Stephen M.
Haney,and knows him to be Vice President of said Companies;and that the signature of Stephen M.Haney,subscribed to said Power of Attorney is in the genuine handwriting of
Stephen M.Haney,and was thereto subscribed by authority of said Companies and in deponent's presence.
Notarial Seal
T�r���o WHary PuMlr KATHERINE A ADEI.AAR
NOTARY PUBLIC OF NEW JERSEY
s No.2316996
�p1/6itC ComatOw ExPba July t9,2016
JER4�
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016:
"RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizances,contracts and other written commitments of the Company
entered into in the ordinary course of business(each a"Written Commitment'):
(1) Each of the Chairman.the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the
seal of the Company or otherwise.
(2) Each duly appointed attomey-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or
otherwise,to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact.
(3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attomey-
in-fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise.such Written Commitments of the
Company as may be specified in such written appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular
Written Commitments.
(4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized.for and on behalf of the Company,to delegate in writing to any other officer of the
Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such
written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments.
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may he affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of
the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested."
1,Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the"Companies")do hereby
certify that
(i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in frill force and effect,
00 the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in the U.S.Virgin islands,and Federal is licensed in Guam,Puerto Rico,
and each of the Provinces of Canada except Prince Edward Island;and
(iii) the foregoing Power of Attorney is true,correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station,NJ,this 21 st day of November, 2017.
�• l.Jt''`.l1Wt.CT�
Dawn M.Chloros.Assistant Secretaq
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VER1F'Y THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER.PLEASE CONTACT US AT:
Tele hone(908)903.3493 Fax(908)903.3656 e-mail:suretv@chubb.com
Form 15-10-0192B-U KY HWY(rev.12-16)
FEDERAL INSURANCE COMPANY
STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS
Statutory Basis
DECEMBER 31,2016
(in thousands of dollars)
LIABILITIES
AND
ASSETS SURPLUS TO POLICYHOLDERS
Cash and Short Term Investments................ $ (86,990) Outstanding Losses and Loss Expenses..... $ 11,482,308
United States Government,State and Unearned Premiums..................................... 2,723,875
Municipal Bonds......................................... 8,135,311 Ceded Reinsurance Premiums Payable....... 566,868
Other Bonds.................................................. 5,471,330 Provision for Reinsurance............................ 29,339
Stocks........................................................... 130,689 Other Liabilities............................................. 1,144,976
Other Invested Assets................................... 1,289,903
TOTAL INVESTMENTS............................... 14,940,243 TOTAL LIABILITIES.................................... 15,947,364
Investments in Affiliates:
Chubb Investment Holdings,Inc................ 3,727,406 Capital Stock................................................ 20,980
Pacific Indemnity Company........................ 2,926,619 Paid-In Surplus............................................. 3,106,809
Executive Risk Indemnity Inc...................... 1,250,965 Unassigned Funds....................................... 8,296,020
Great Northern Insurance Company.......... 504,162
Vigilant Insurance Company....................... 319,505
Chubb European Investment Holdings,SLP. 277,361 SURPLUS TO POLICYHOLDERS.............. 11,423,809
Chubb Custom Insurance Company.......... 214,956
Chubb National Insurance Company......... 162,929
Chubb Indemnity Insurance Company....... 163,668
Other Affiliates............................................ 70,204
Premiums Receivable................................... 1,510,107
Other Assets................................................. 1,303,050
TOTAL LIABILITIES AND SURPLUS
TOTAL ADMITTED ASSETS...................... $ 27,371,175 TO POLICYHOLDERS............................. $ 27,371,175
Investments are valued in accordance with requirements of the National Association of Insurance Commissioners.
At December 31,2016,investments with a carrying value of$565,702,495 were deposited with government authorities
as required by law.
State,County&City of New York, — ss:
Dawn M. Chloros,Assistant Secretary of the Federal Insurance Company
being duly sworn,deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said
Federal Insurance Company on December 31,2016 is true and correct and is a true abstract of the Annual Statement of said
Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31,2016.
Subscribed and sworn to before me
this March 3,2017.
JEANETTE SHIPSEY Assistant Secretary
Notary Public,State of New York
Notary Public No.02SH5074142
Qualified in Nassau County
Commission Expires March 10,2019
Form 15-10-0313A(Rev.3/17)
0061 19-1
MAINTENANCE BOND
Pagel of 3
Bond Number:8246-09-38M
1 SECTION 00 61 19
2 MAINTENANCE BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7 That we Siemens Industry.Inc.,known as"Principal"herein and Federal Insurance
8 Company ,a corporate surety(sureties,if more than one)
9 duly authorized to do business in the State of Texas,known as"Surety"herein(whether one or
10 more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created
11 pursuant to the laws of the State of Texas,known as"City"herein, in the sum of Ninety Five
12 Thousand Dollars($95 0. 00.00) lawful money of the United States,to be paid in Fort Worth,
13 Tarrant County,Texas, for payment of which sum well and truly be made unto the City and its
14 successors,we bind ourselves,our heirs,executors,administrators,successors and assigns,jointly
15 and severally, firmly by these presents.
16
17 WHEREAS,the Principal has entered into a certain written contract with the City awarded the
18 30th day March,2017, which Contract is hereby referred to and a made part hereof for all
19 purposes as if fully set forth herein,to furnish all materials, equipment labor and other accessories
20 as defined by law,in the prosecution of the Work, including any Work resulting from a duly
21 authorized Change Order(collectively herein,the"Work")as provided for in said contract and
22 designated as Traffic Signal Preventative Maintenance Contract 1 City Project#C 10205;and
23
24 WHEREAS,Principal binds itself to use such materials and to so construct the Work in
25 accordance with the plans, specifications and Contract Documents that the Work is and will
26 remain free from defects in materials or workmanship for and during the period of two(2)years
27 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and
28
29 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part
30 upon receiving notice from the City of the need therefor at any time within the Maintenance
31 Period.
32
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.C 10205
Revised July 1,2011
0061 19-2
MAINTENANCE BOND
Page 2 of 3
1 NOW THEREFORE,the condition of this obligation is such that if Principal shall
2 remedy any defective Work,for which timely notice was provided by City,to a completion
3 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in
4 full force and effect.
5
6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely
7 noticed defective Work,it is agreed that the City may cause any and all such defective Work to
8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and
9 the Surety under this Maintenance bond;and
10
11 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in
12 Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort
13 Worth Division; and
14
15 PROVIDED FURTHER,that this obligation shall be continuous in nature and
16 successive recoveries may be had hereon for successive breaches.
17
18
19
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.C 10205
Revised July 1,2011
0061 19-3
MAINTENANCE BOND
Page 3 of 3
1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this
2 instrument by duly authorized agents and officers on this the 21st day of
3 November _,20 17
4
5 PRINCIPAL:
6 Siemens Industry,Inc
7
8
9 BY:
10 Signature
11 TTEST:
12
13 iffir 6Z
14 ct cretary Name and Title
15
16 Address: 16560 Air Center Blvd.
17 Houston,Texas 77032
18
19
20 Witness as to Principa
21 SURETY:
22 Federal Insurance Company
23
24
25 BY:
26 Signature
27
28 Brittany D.Clavin,Attorney-In-Fact
29 T: Name and Title
30
3 Address:701 Market Street
32 (S ety)X= N Kelsey Jones,Witness Suite 1100
33 St.Louis,MO 63101
34
35 Witss as to Surety Telephone Number:314-621-5540
36 ynthia L.Choren,Witness
37
38 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract
39 from the by-laws showing that this person has authority to sign such obligation. If
40 Surety's physical address is different from its mailing address, both must be provided.
41 The date of the bond shall not be prior to the date the Contract is awarded.
42
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.C 10205
Revised July 1,2011
ACKNOWLEDGMENT BY SURETY
STATE
OF Missouri
City } ss.
C y of St. Louis
On this 21 st clay of November 2017 before me persoiially
appeared Brittany D. Clavin , known to me to be the Attorney-in-Fact of
Federal Insurance Company
the corporation
that executed the 141thiu instrument,and acknowledged to me that such corporation executed the sante.
IN #WITNESS ##'HEREOF, I liaw liereunto set my hand and aflixed my official seal, at my office ui the aforesaid
County,die day and year in this certificate first above icritten.
�p
Q �
J in R. Frank
My Commission Expires: Tune 20, 2018 Notary Public in die State of Missouri
(Seal) City of St. Louis
.>.. ., Commission#11395672
e
S-0230/GEEF 2/98
C H U B B
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,and PACIFIC
INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint Pamela A.Beelman,Cynthia L.Choren,Brittany D.Clavin,Joann R.Frank,
Sandra L.Ham,Heidi A.Notheisen,Karen L.Roider and Debra C.Schneider of St.Louis,Missouri-------------------------------------------------------------------
each as their true and lawful Attorney-fn-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise,bonds on behalf of contractors in connection with bids,proposals or contracts to the Commonwealth of Kentucky in an unlimited amount.
It is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to
the Commissioner-Department of Highways of the Commonwealth of Kentucky at least thirty days prior to the modification or revocation.
In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these
presents and affixed their corporate seals on this 2214 day of September,2017.
_)a my"- `KiQul!� Al�— •"l
9'—�
[ktwn M.Chktr(s AsnistantSecrcltary Stephen M Hancy.Vice President
STATE OF NEW JERSEY
County of Hunterdon ss.
On this 22o4 day of September,2017 before me,a Notary Public of New Jersey,personally came Dawn M.Chloros,tome known to be Assistant Secretary of FEDERAL INSURANCE
COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M.
Chloros,being by me duly sworn,did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC
INDEMNITY COMPANY and knows the corporate seals thereof,that the seats affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by
authority of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that she is acquainted with Stephen M.
Haney,and knows him to be Vice President of said Companies;and that the signature of Stephen M.Haney,subscribed to said Power of Attorney is in the genuine handwriting of
Stephen M.Haney,and was thereto subscribed by authority of said Companies and in deponent's presence.
Notarial Seal
s KATHERINE A ADMAAR
[ANY NOTARY PUBLIC OF NEW JERSEY l�
�•a s CommbtloNo EEmpha July 10.2019
PURL� MxaryPoAur
ag
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016:
"RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings.recognizances.contracts and other written commitments of the Company
entered into in the ordinary course of business(each a"Written Commitment"):
(1) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the
seal of the Company or otherwise.
(2) Each duly appointed attomey-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or
otherwise,to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attomey-in-fact.
(3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney,
in-fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the
Company as may be specified in such written appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular
Written Commitments.
(4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized.for and on behalf of the Company,to delegate in writing to any other officer of the
Company the authority to execute,for and on behalf of the Company, under the Compangs seal or otherwise,such Written Commitments of the Company as are specified in such
written delegation,which specification may be by general type or class of Written Commitments or by specification ofone or more particular Written Commitments.
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of
the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested."
1,Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the"Companies")do hereby
certify that
(f) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect,
(if) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in the U.S.Virgin Islands,and Federal is licensed in Guam,Puerto Rico,
and each of the Provinces of Canada except Prince Edward Island;and
(iii) the foregoing Power of Attorney is true,correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station,NJ,this 21st day of November, 2017.
Dawn M.Chkxns-Assistant Secretar�
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT:
Telephone(908)903-3493 Fax(908)903-3656 e-mail:surevADchubb.com
Form 15-IQ-0192B-U KY HWY(rev.12-16)
FEDERAL INSURANCE COMPANY
STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS
Statutory Basis
DECEMBER 31,2016 �
(in thousands of dollars)
LIABILITIES
AND
ASSETS SURPLUS TO POLICYHOLDERS
Cash and Short Term Investments................ $ (86,990) Outstanding Losses and Loss Expenses..... $ 11,482,308
United States Government,State and Unearned Premiums..................................... 2,723,875
Municipal Bonds......................................... 8,135,311 Ceded Reinsurance Premiums Payable....... 566,868
Other Bonds.................................................. 5,471,330 Provision for Reinsurance............................ 29,339
Stocks........................................................... 130,689 Other Liabilities............................................. 1,144,976
Other Invested Assets................................... 1,289,903
TOTAL INVESTMENTS............................... 14,940,243 TOTAL LIABILITIES.................................... 15,947,366
Investments in Affiliates:
Chubb Investment Holdings,Inc................ 3,727,406 Capital Stock................................................ 20,980
Pacific Indemnity Company........................ 2,926,619 Paid-In Surplus............................................. 3,106,809
Executive Risk Indemnity Inc...................... 1,250,965 Unassigned Funds....................................... 8,296,020
Great Northern Insurance Company.......... 504,162
Vigilant Insurance Company....................... 319,505
Chubb European Investment Holdings,SLP. 277,361 SURPLUS TO POLICYHOLDERS.............. 11,423,809
Chubb Custom Insurance Company.......... 214,956
Chubb National Insurance Company......... 162,929
Chubb Indemnity Insurance Company....... 163,668
Other Affiliates............................................ 70,204
Premiums Receivable................................... 1,510,107
Other Assets................................................. 1,303,050
TOTAL LIABILITIES AND SURPLUS
TOTAL ADMITTED ASSETS...................... $ 27,371,175 TO POLICYHOLDERS............................. $ 27,371,175
Investments are valued in accordance with requirements of the National Association of Insurance Commissioners.
At December 31,2016, investments with a carrying value of$565,702,495 were deposited with government authorities
as required by law.
State,County&City of New York, — ss:
Dawn M. Chloros,Assistant Secretary of the Federal Insurance Company
being duly sworn,deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said
Federal Insurance Company on December 31,2016 is true and correct and is a true abstract of the Annual Statement of said
Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31,2016.
Subscribed and sworn to before me
this March 3,2017.
JEANETTE SHIPSEY Assistant Secretary
Notary Public,State of New York
Notary Public No.02SH5074142
Qualified in Nassau County
Commission Expires March 10,2019
Fmm 15-10-0313A(Rev.311 7)
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision:Febnimy2,2016
STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article 1 —Definitions and Terminology..........................................................................................................l
*■ 1.01 Defined Terms...............................................................................................................................1
1.02 Terminology..................................................................................................................................6
Article2—Preliminary Matters.........................................................................................................................7
2.01 Copies of Documents....................................................................................................................7
2.02 Commencement of Contract Time;Notice to Proceed................................................................7
.* 2.03 Starting the Work..........................................................................................................................8
2.04 Before Starting Construction........................................................................................................8
2.05 Preconstruction Conference..........................................................................................................8
2.06 Public Meeting 8
2.07 Initial Acceptance of Schedules....................................................................................................8
Article 3—Contract Documents: Intent,Amending, Reuse............................................................................8
3.01 Intent..............................................................................................................................................8
3.02 Reference Standards......................................................................................................................9
3.03 Reporting and Resolving Discrepancies.......................................................................................9
3.04 Amending and Supplementing Contract Documents.................................................................10
3.05 Reuse of Documents...................................................................................................................10
3.06 Electronic Data............................................................................................................................l l
Article 4 Availability of Lands; Subsurface and Physical Conditions;Hazardous Environmental
Conditions;Reference Points...........................................................................................................11
4.01 Availability of Lands..................................................................................................................11
4.02 Subsurface and Physical Conditions..........................................................................................12
4.03 Differing Subsurface or Physical Conditions.............................................................................12
4.04 Underground Facilities ...............................................................................................................13
4.05 Reference Points .........................................................................................................................14
4.06 Hazardous Environmental Condition at Site..............................................................................14
Article 5—Bonds and Insurance .....................................................................................................................16
5.01 Licensed Sureties and Insurers................................................................................................... 16
5.02 Performance,Payment, and Maintenance Bonds.......................................................................16
5.03 Certificates of Insurance.............................................................................................................16
5.04 Contractor's Insurance................................................................................................................18
5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19
.w
Article 6—Contractor's Responsibilities........................................................................................................19
6.01 Supervision and Superintendence...............................................................................................19
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision:Febni&y2,2016
AIS
no
6.02 Labor;Working Hours................................................................................................................20
6.03 Services, Materials, and Equipment...........................................................................................20
6.04 Project Schedule..........................................................................................................................21
6.05 Substitutes and"Or-Equals".......................................................................................................21
6.06 Concerning Subcontractors, Suppliers, and Others....................................................................24
6.07 Wage Rates..................................................................................................................................25
6.08 Patent Fees and Royalties...........................................................................................................26
6.09 Permits and Utilities....................................................................................................................27
6.10 Laws and Regulations.................................................................................................................27
6.11 Taxes...........................................................................................................................................28
6.12 Use of Site and Other Areas.......................................................................................................28
6.13 Record Documents......................................................................................................................29
6.14 Safety and Protection..................................................................................................................29
6.15 Safety Representative..................................................................................................................30
6.16 Hazard Communication Programs.............................................................................................30
6.17 Emergencies and/or Rectification...............................................................................................30 _.
6.18 Submittals....................................................................................................................................31
6.19 Continuing the Work...................................................................................................................32
6.20 Contractor's General Warranty and Guarantee..........................................................................32
6.21 Indemnification.........................................................................................................................33
6.22 Delegation of Professional Design Services ..............................................................................34
6.23 Right to Audit..............................................................................................................................34
6.24 Nondiscrimination.......................................................................................................................35
Article7-Other Work at the Site...................................................................................................................35
7.01 Related Work at Site...................................................................................................................35
7.02 Coordination................................................................................................................................36
Article8-City's Responsibilities...................................................................................................................36
8.01 Communications to Contractor...................................................................................................36
8.02 Furnish Data................................................................................................................................36 �-
8.03 Pay When Due ............................................................................................................................36
8.04 Lands and Easements;Reports and Tests...................................................................................36
8.05 Change Orders.............................................................................................................................36
8.06 Inspections,Tests,and Approvals..............................................................................................36
8.07 Limitations on City's Responsibilities.......................................................................................37
8.08 Undisclosed Hazardous Environmental Condition...............................................
8.09 Compliance with Safety Program...............................................................................................37
Article 9-City's Observation Status During Construction...........................................................................37
9.01 City's Project Manager............................................................................................................37
9.02 Visits to Site................................................................................................................................37
9.03 Authorized Variations in Work..................................................................................................38
9.04 Rejecting Defective Work..........................................................................................................38
9.05 Determinations for Work Performed..........................................................................................38
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision:Febnmy2,2016
Article 10-Changes in the Work; Claims;Extra Work................................................................................38
10.01 Authorized Changes in the Work 38
10.02 Unauthorized Changes in the Work...........................................................................................39
10.03 Execution of Change Orders.......................................................................................................39
10.04 Extra Work..................................................................................................................................39
10.05 Notification to Surety..................................................................................................................39
w
10.06 Contract Claims Process.............................................................................................................40
Article 11 -Cost of the Work; Allowances;Unit Price Work; Plans Quantity Measurement......................41
11.01 Cost of the Work.........................................................................................................................41
11.02 Allowances..................................................................................................................................43
11.03 Unit Price Work..........................................................................................................................44
11.04 Plans Quantity Measurement......................................................................................................45
Article 12-Change of Contract Price; Change of Contract Time.................................................................46
12.01 Change of Contract Price............................................................................................................46
12.02 Change of Contract Time............................................................................................................47
12.03 Delays..........................................................................................................................................47
Article 13 -Tests and Inspections; Correction,Removal or Acceptance of Defective Work......................48
13.01 Notice of Defects ........................................................................................................................48
13.02 Access to Work...........................................................................................................................48
13.03 Tests and Inspections..................................................................................................................48
13.04 Uncovering Work........................................................................................................................49
13.05 City May Stop the Work.............................................................................................................49
13.06 Correction or Removal of Defective Work................................................................................50
13.07 Correction Period........................................................................................................................50
.■ 13.08 Acceptance of Defective Work...................................................................................................51
13.09 City May Correct Defective Work.............................................................................................51
„ Article 14-Payments to Contractor and Completion....................................................................................52
14.01 Schedule of Values......................................................................................................................52
14.02 Progress Payments......................................................................................................................52
.� 14.03 Contractor's Warranty of Title...................................................................................................54
14.04 Partial Utilization........................................................................................................................55
14.05 Final Inspection...........................................................................................................................55
14.06 Final Acceptance.........................................................................................................................55
14.07 Final Payment..............................................................................................................................56
14.08 Final Completion Delayed and Partial Retainage Release........................................................56
14.09 Waiver of Claims57
........................................................................................................................
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
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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
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ARTICLE 1 –DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in these General Conditions or in other Contract Documents, the terms listed
below have the meanings indicated which are applicable to both the singular and plural thereof,
and words denoting gender shall include the masculine, feminine and neuter. Said terms are
generally capitalized or written in italics, but not always. When used in a context consistent with
the definition of a listed-defined term, the term shall have a meaning as defined below whether
capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references to identified articles and paragraphs,
and the titles of other documents or forms.
1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify,
correct, or change the Bidding Requirements or the proposed Contract Documents.
2. Agreement—The written instrument which is evidence of the agreement between City and
Contractor covering the Work.
3. Application for Payment—The form acceptable to City which is to be used by Contractor
during the course of the Work in requesting progress or final payments and which is to be
accompanied by such supporting documentation as is required by the Contract Documents.
�1 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current action levels established by the United
States Occupational Safety and Health Administration.
5. Award–Authorization by the City Council for the City to enter into an Agreement.
6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the
prices for the Work to be performed.
7. Bidder—The individual or entity who submits a Bid directly to City.
8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents
(including all Addenda).
9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid
ion 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,
Im 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.
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13. Change Order—A document, which is prepared and approved by the City, which is signed
by Contractor and City and authorizes an addition, deletion, or revision in the Work or an
adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date
of the Agreement.
14. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and
chartered under the Texas State Statutes, acting by its governing body through its City
Manager, his designee, or agents authorized under his behalf, each of which is required by
Charter to perform specific duties with responsibility for final enforcement of the contracts
involving the City of Fort Worth is by Charter vested in the City Manager and is the entity
with whom Contractor has entered into the Agreement and for whom the Work is to be
performed. ..
15. City Attorney –The officially appointed City Attorney of the City of Fort Worth, Texas, or
his duly authorized representative.
16. City Council - The duly elected and qualified governing body of the City of Fort Worth,
Texas.
17. City Manager – The officially appointed and authorized City Manager of the City of Fort
Worth,Texas,or his duly authorized representative.
18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of
Contract Price or Contract Time, or both, or other relief with respect to the terms of the
Contract. A demand for money or services by a third party is not a Contract Claim.
19. Contract—The entire and integrated written document between the City and Contractor
concerning the Work. The Contract contains the Agreement and all Contract Documents and
supersedes prior negotiations,representations,or agreements,whether written or oral.
20. Contract Documents—Those items so designated in the Agreement. All items listed in the
Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and
the reports and drawings of subsurface and physical conditions are not Contract Documents.
21. Contract Price—The moneys payable by City to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the Agreement (subject to the
provisions of Paragraph 11.03 in the case of Unit Price Work).
22. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve ,,
Milestones,if any and(ii)complete the Work so that it is ready for Final Acceptance.
23. Contractor The individual or entity with whom City has entered into the Agreement.
24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition.
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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
,A Transportation Public Works Department of the City of Fort Worth, Texas, or his duly
appointed representative, assistant,or agents.
31. Director of Water Department— The officially appointed Director of the Water Department
of the City of Fort Worth, Texas,or his duly appointed representative, assistant, or agents.
�. 32. Drawings—That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be performed by
Contractor. Submittals are not Drawings as so defined.
33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated, it means the date on which the Agreement is signed
and delivered by the last of the two parties to sign and deliver.
34. Engineer—The licensed professional engineer or engineering firm registered in the State of
Texas performing professional services for the City.
35. Extra Work — Additional work made necessary by changes or alterations of the Contract
Documents or of quantities or for other reasons for which no prices are provided in the
Contract Documents.Extra work shall be part of the Work.
36.Field Order—A written order issued by City which requires changes in the Work but which
does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer.
Field Orders are paid from Field Order Allowances incorporated into the Contract by funded
.. work type at the time of award.
37. Final Acceptance — The written notice given by the City to the Contractor that the Work
MW specified in the Contract Documents has been completed to the satisfaction of the City.
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38. Final Inspection – Inspection carried out by the City to verify that the Contractor has .m
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.
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51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with
the General Requirements, describing the sequence and duration of the activities comprising
the Contractor's plan to accomplish the Work within the Contract Time.
52. Project—The Work to be performed under the Contract Documents.
53. Project Manager—The authorized representative of the City who will be assigned to the
Site.
A
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.
A
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.
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63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for Contractor and submitted by
Contractor to illustrate some portion of the Work.
64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City
makes an Award.
65. Superintendent-The representative of the Contractor who is available at all times and able
to receive instructions from the City and to act for the Contractor.
66. Supplementary Conditions—That part of the Contract Documents which amends or
supplements these General Conditions.
67. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a
direct contract with Contractor or with any Subcontractor to furnish materials or equipment
to be incorporated in the Work by Contractor or Subcontractor.
68. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements
containing such facilities, including but not limited to, those that convey electricity, gases,
steam, liquid petroleum products, telephone or other communications, cable television,
water,wastewater, storm water,other liquids or chemicals,or traffic or other control systems.
69. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. ..
70. Weekend Working Hours - Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday,
Sunday or legal holiday, as approved in advance by the City.
71. Work—The entire construction or the various separately identifiable parts thereof required to
be provided under the Contract Documents. Work includes and is the result of performing or ..
providing all labor, services, and documentation necessary to produce such construction
including any Change Order or Field Order, and furnishing, installing, and incorporating all
materials and equipment into such construction, all as required by the Contract Documents.
72. Working Day-A working day is defined as a day, not including Saturdays, Sundays, or legal
holidays authorized by the City for contract purposes, in which weather or other conditions
not under the control of the Contractor will permit the performance of the principal unit of
work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.B through E are not defined but,when used in
the Bidding Requirements or Contract Documents,have the indicated meaning.
B. Intent of Certain Terms or Adjectives:
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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
u, 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.
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2.03 Starting the Work PW
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.
on
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. r•
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
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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
.R to undertake responsibility inconsistent with the provisions of the Contract Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:
1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each
part of the Work, Contractor shall carefully study and compare the Contract Documents and
check and verify pertinent figures therein against all applicable field measurements and
.. conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity,
or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a
written interpretation or clarification from City before proceeding with any Work affected
.. thereby.
2. Contractor's Review of Contract Documents During Performance of Work: If, during the
.. performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy
within the Contract Documents, or between the Contract Documents and (a) any applicable
Law or Regulation, (b) any standard, specification, manual, or code, or(c) any instruction of
■* any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not
proceed with the Work affected thereby (except in an emergency as required by Paragraph
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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. 400
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, "14
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.
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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.
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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 00
A. Reports and Drawings: The Supplementary Conditions identify: go
1. those reports known to City of explorations and tests of subsurface conditions at or
contiguous to the Site; and PM
2. those drawings known to City of physical conditions relating to existing surface or
subsurface structures at the Site(except Underground Facilities). om
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:
1. is of such a nature as to establish that any"technical data"on which Contractor is entitled to
rely as provided in Paragraph 4.02 is materially inaccurate;or
2. is of such a nature as to require a change in the Contract Documents;or
.,
3. differs materially from that shown or indicated in the Contract Documents;or
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and *�
generally recognized as inherent in work of the character provided for in the Contract
Documents;
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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.
ndicated.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
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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 00
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
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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).
.R 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 4.06G 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.
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ARTICLE 5—BONDS AND INSURANCE
5.01 Licensed Sureties and Insurers
wo
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 on
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. ow
5.02 Performance, Payment, and Maintenance Bonds
A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government OR
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 an
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.
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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
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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 PM
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 r.
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
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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.
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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 0M
behalf of Contractor. All communication given to or received from the Superintendent shall be
binding on Contractor.
r•
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 .�
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.
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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
am 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
an time of bid,unless otherwise specified.
6.04 Project Schedule
.r A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07
and the General Requirements as it may be adjusted from time to time as provided below.
1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and
the General Requirements) proposed adjustments in the Project Schedule that will not result
in changing the Contract Time. Such adjustments will comply with any provisions of the
General Requirements applicable thereto.
2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment
for the duration of the Contract in accordance with the schedule specification 01 32 16.
3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be
submitted in accordance with the requirements of Article 12. Adjustments in Contract Time
may only be made by a Change Order.
6.05 Substitutes and "Or-Equals"
A. Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function, appearance, and quality required. Unless
the specification or description contains or is followed by words reading that no like, equivalent,
or "or-equal" item or no substitution is permitted, other items of material or equipment of other
Suppliers may be submitted to City for review under the circumstances described below.
1. "Or-Equal"Items: If in City's sole discretion an item of material or equipment proposed by
Contractor is functionally equal to that named and sufficiently similar so that no change in
related Work will be required, it may be considered by City as an "or-equal" item, in which
case review and approval of the proposed item may, in City's sole discretion, be
accomplished without compliance with some or all of the requirements for approval of
proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of
material or equipment will be considered functionally equal to an item so named if:
a. the City determines that:
1) it is at least equal in materials of construction, quality, durability, appearance,
strength,and design characteristics;
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2) it will reliably perform at least equally well the function and achieve the results
imposed by the design concept of the completed Project as a functioning whole;and
3) it has a proven record of performance and availability of responsive service; and
b. Contractor certifies that, if approved and incorporated into the Work:
1) there will be no increase in cost to the City or increase in Contract Time; and
2) it will conform substantially to the detailed requirements of the item named in the
Contract Documents.
2. Substitute Items:
a. If in City's sole discretion an item of material or equipment proposed by Contractor does
not qualify as an "or-equal" item under Paragraph 6.05.A.1, it may be submitted as a
proposed substitute item.
b. Contractor shall submit sufficient information as provided below to allow City to
determine if the item of material or equipment proposed is essentially equivalent to that
named and an acceptable substitute therefor. Requests for review of proposed substitute
items of material or equipment will not be accepted by City from anyone other than
Contractor.
c. Contractor shall make written application to City for review of a proposed substitute item
of material or equipment that Contractor seeks to furnish or use. The application shall
comply with Section 01 25 00 and:
1) shall certify that the proposed substitute item will:
a) perform adequately the functions and achieve the results called for by the general
design;
b) be similar in substance to that specified;
c) be suited to the same use as that specified; and
2) will state:
a) the extent, if any, to which the use of the proposed substitute item will prejudice
Contractor's achievement of final completion on time;
b) whether use of the proposed substitute item in the Work will require a change in .•
any of the Contract Documents (or in the provisions of any other direct contract
with City for other work on the Project) to adapt the design to the proposed
substitute item;
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c) whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty; and
3) will identify:
a) all variations of the proposed substitute item from that specified;
b) available engineering, sales, maintenance,repair, and replacement services; and
4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and Damage
Claims of other contractors affected by any resulting change.
B. Substitute Construction Methods or Procedures: If a specific means, method, technique,
sequence, or procedure of construction is expressly required by the Contract Documents,
.. Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure
of construction approved by City. Contractor shall submit sufficient information to allow City, in
City's sole discretion, to determine that the substitute proposed is equivalent to that expressly
called for by the Contract Documents. Contractor shall make written application to City for
review in the same manner as those provided in Paragraph 6.05.A.2.
C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. City may require
Contractor to furnish additional data about the proposed substitute. City will be the sole judge of
acceptability. No "or-equal" or substitute will be ordered, installed or utilized until City's review
is complete, which will be evidenced by a Change Order in the case of a substitute and an
accepted Submittal for an"or-equal."City will advise Contractor in writing of its determination.
D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special
performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall
indemnify and hold harmless City and anyone directly or indirectly employed by them from and
against any and all claims, damages, losses and expenses (including attorneys fees) arising out
■,, of the use of substituted materials or equipment.
E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or
submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not City
approves a substitute so proposed or submitted by Contractor, Contractor may be required to
reimburse City for evaluating each such proposed substitute. Contractor may also be required to
.., reimburse City for the charges for making changes in the Contract Documents (or in the
provisions of any other direct contract with City) resulting from the acceptance of each proposed
substitute.
F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or
"or-equal"at Contractor's expense.
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G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a on
substitute shall be incorporated to the Contract by Change Order.
H. Time Extensions:No additional time will be granted for substitutions. a.
6.06 Concerning Subcontractors, Suppliers, and Others
A. Contractor shall perform with his own organization, work of a value not less than 35% of the
value embraced on the Contract,unless otherwise approved by the City.
B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether
initially or as a replacement, against whom City may have reasonable objection. Contractor shall
not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or
perform any of the Work against whom Contractor has reasonable objection (excluding those
acceptable to City as indicated in Paragraph 6.06.C).
C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other
individuals or entities on the project, and will provide such requirements in the Supplementary
Conditions.
D. Minority Business Enterprise Compliance: It is City policy to ensure the full and equitable
participation by Minority Business Enterprises (MBE) in the procurement of goods and services
on a contractual basis. If the Contract Documents provide for a MBE goal, Contractor is required
to comply with the intent of the City's MBE Ordinance(as amended)by the following: ..
1. Contractor shall, upon request by City, provide complete and accurate information regarding
actual work performed by a MBE on the Contract and payment therefor.
2. Contractor will not make additions, deletions, or substitutions of accepted MBE without
written consent of the City. Any unjustified change or deletion shall be a material breach of
Contract and may result in debarment in accordance with the procedures outlined in the
Ordinance.
3. Contractor shall, upon request by City, allow an audit and/or examination of any books, ..
records, or files in the possession of the Contractor that will substantiate the actual work
performed by an MBE. Material misrepresentation of any nature will be grounds for
termination of the Contract in accordance with Paragraph 15.02.A. Any such
misrepresentation may be grounds for disqualification of Contractor to bid on future
contracts with the City for a period of not less than three years.
E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors,
Suppliers, and other individuals or entities performing or furnishing any of the Work just as
Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract
Documents:
a,
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an
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
A* 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.
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D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of pa
Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected
worker, shall be submitted to binding arbitration in accordance with the Texas General OSIS
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 11th day after the date that
arbitration is required, a district court shall appoint an arbitrator on the petition of any of the
persons. The City is not a party in the arbitration. The decision and award of the arbitrator is ..
final and binding on all parties and may be enforced in any court of competent jurisdiction.
E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) ,
years following the date of acceptance of the work, maintain records that show (i) the name and
occupation of each worker employed by the Contractor in the construction of the Work provided
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. M»
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
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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
.r
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
ON 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
ON 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
A. 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
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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 r�
Capitol Station
Austin, TX 78711;or
2. htt.p://www.window.state.tx.us/taxinfo/taxforms/93-forms.html
6.12 Use of Site and Other Areas w.
A. Limitation on Use of Site and Other Areas:
1. Contractor shall confine construction equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas permitted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas with construction equipment or �.
other materials or equipment. Contractor shall assume full responsibility for any damage to
any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is
carrying on operations in a portion of a street, right-of-way, or easement greater than is
necessary for proper execution of the Work,the City may require the Contractor to finish the
section on which operations are in progress before work is commenced on any additional
area of the Site.
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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.
ON
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
am 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
an 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
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take all necessary precautions for the safety of, and shall provide the necessary protection to ON
prevent damage,injury or loss to:
an
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
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 oft
Contractor shall inform City in writing of Contractor's designated safety representative at the Site.
6.16 Hazard Communication Programs po
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 on
employers in accordance with Laws or Regulations.
6.17 Emergencies and/or Rectification po
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
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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
•w 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.
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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. „M
C. City's Review.
1. City will provide timely review of required Submittals in accordance with the Schedule of Am
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 00
Submittal. City's review and acceptance shall not relieve Contractor from responsibility for
complying with the requirements of the Contract Documents.
on
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. ON
6.20 Contractor's General Warranty and Guarantee
as
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
0
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�. 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
5.02.13. 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
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SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVEN 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
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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.
r„ 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 Vl, 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.
..
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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 S—CITY'S RESPONSIBILITIES
8.01 Communications to Contractor
Except as otherwise provided in the Supplementary Conditions, City shall issue all communications
to Contractor.
oft
8.02 Furnish Data
City shall timely furnish the data required under the Contract Documents. 00
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.
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8.07 Limitations on City's Responsibilities
A. The City shall not supervise, direct, or have control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
,�. and Regulations applicable to the performance of the Work. City will not be responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14.
8.08 Undisclosed Hazardous Environmental Condition
City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth
in Paragraph 4.06.
8.09 Compliance with Safety Program
While at the Site, City's employees and representatives shall comply with the specific applicable
requirements of Contractor's safety programs of which City has been informed pursuant to
Paragraph 6.14.
ARTICLE 9—CITY'S OBSERVATION STATUS DURING CONSTRUCTION
9.01 City's Project Manager
City will provide one or more Project Manager(s) during the construction period. The duties and
responsibilities and the limitations of authority of City's Project Manager during construction are set
forth in the Contract Documents. The City's Project Manager for this Contract is William Todd
Estes, P.E., or his/her successor pursuant to written notification from the Director of Department of
Transportation Public Works.
9.02 Visits to Site
A. City's Project Manager will make visits to the Site at intervals appropriate to the various stages
of construction as City deems necessary in order to observe the progress that has been made and
the quality of the various aspects of Contractor's executed Work. Based on information
obtained during such visits and observations, City's Project Manager will determine, in general,
if the Work is proceeding in accordance with the Contract Documents. City's Project Manager
.� will not be required to make exhaustive or continuous inspections on the Site to check the
quality or quantity of the Work. City's Project Manager's efforts will be directed toward
providing City a greater degree of confidence that the completed Work will conform generally to
.,, the Contract Documents.
B. City's Project Manager's visits and observations are subject to all the limitations on authority and
responsibility in the Contract Documents including those set forth in Paragraph
8.07.
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9.03 Authorized Variations in Work
City's Project Manager may authorize minor variations in the Work from the requirements of the
Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time
and are compatible with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be accomplished by a Field Order and will be
binding on City and also on Contractor,who shall perform the Work involved promptly.
9.04 Rejecting Defective Work
City will have authority to reject Work which City's Project Manager believes to be defective, or
will not produce a completed Project that conforms to the Contract Documents or that will prejudice �..
the integrity of the design concept of the completed Project as a functioning whole as indicated by
the Contract Documents. City will have authority to conduct special inspection or testing of the
Work as provided in Article 13,whether or not the Work is fabricated, installed, or completed.
9.05 Determinations for Work Performed
Contractor will determine the actual quantities and classifications of Work performed. City's Project
Manager will review with Contractor the preliminary determinations on such matters before
rendering a written recommendation. City's written decision will be final (except as modified to
reflect changed factual conditions or more accurate data).
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work
A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. .w
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.
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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.
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10.06 Contract Claims Process sr
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.
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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; ON
2. approve the Contract Claim; or
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3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's
sole discretion, it would be inappropriate for the City to do so. For purposes of further
resolution of the Contract Claim, such notice shall be deemed a denial.
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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
4M action or denial.
E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not
oft submitted in accordance with this Paragraph 10.06.
ARTICLE 11—COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS
an QUANTITY MEASUREMENT
11.01 Cost of the Work
4W
A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in
Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the
w. 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 11.0l.B, and shall
include but not be limited to the following items:
1. Payroll costs for employees in the direct employ of Contractor in the performance of the
Work under schedules of job classifications agreed upon by City and Contractor. Such
employees shall include, without limitation, superintendents, foremen, and other personnel
employed full time on the Work. Payroll costs for employees not employed full time on the
.,, Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall
include;
a. salaries with a 55%markup,or
b. salaries and wages plus the cost of fringe benefits, which shall include social security
„ contributions, unemployment, excise, and payroll taxes, workers' compensation, health
and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto.
The expenses of performing Work outside of Regular Working Hours, Weekend
Working Hours, or legal holidays, shall be included in the above to the extent authorized
by City.
2. Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers' field services required in connection
therewith.
3. Rentals of all construction equipment and machinery, and the parts thereof whether rented
from Contractor or others in accordance with rental agreements approved by City, and the
.. costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All
such costs shall be in accordance with the terms of said rental agreements. The rental of any
such equipment, machinery, or parts shall cease when the use thereof is no longer necessary
w for the Work.
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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.
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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. MW
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 00
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 O.
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. rt-
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. »�
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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,
i„ 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
Site.
.,. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital
employed for the Work and charges against Contractor for delinquent payments.
4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable, including but not
limited to, the correction of defective Work, disposal of materials or equipment wrongly
.r„ 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.OLA and 11.013, 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:
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a. the pre-bid allowances include the cost to Contractor of materials and equipment required
by the allowances to be delivered at the Site, and all applicable taxes; and
b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead,
profit, and other expenses contemplated for the pre-bid allowances have been included in
the allowances, and no demand for additional payment on account of any of the
foregoing will be valid.
C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole
use of City.
D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due
Contractor on account of Work covered by allowances, and the Contract Price shall be
correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to
the sum of the unit price for each separately identified item of Unit Price Work times the
estimated quantity of each item as indicated in the Agreement.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial Contract Price. Determinations of the ..
actual quantities and classifications of Unit Price Work performed by Contractor will be made by
City subject to the provisions of Paragraph 9.05.
C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to
cover Contractor's overhead and profit for each separately identified item. Work described in the
Contract Documents, or reasonably inferred as required for a functionally complete installation,
but not identified in the listing of unit price items shall be considered incidental to unit price
work listed and the cost of incidental work included as part of the unit price.
D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if:
1. the quantity of any item of Unit Price Work performed by Contractor differs materially and
significantly from the estimated quantity of such item indicated in the Agreement; and
2. there is no corresponding adjustment with respect to any other item of Work.
E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in
accordance with Paragraph 10.01.
1. If the changes in quantities or the alterations do not significantly change the character of
work under the Contract Documents, the altered work will be paid for at the Contract unit
price.
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2. If the changes in quantities or alterations significantly change the character of work, the
Contract will be amended by a Change Order.
3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended
by a Change Order in accordance with Article 12.
.. 4. A significant change in the character of work occurs when:
a. the character of work for any Item as altered differs materially in kind or nature from that
in the Contract or
.. b. a Major Item of work varies by more than 25%from the original Contract quantity.
5. When the quantity of work to be done under any Major Item of the Contract is more than
125% of the original quantity stated in the Contract, then either party to the Contract may
request an adjustment to the unit price on the portion of the work that is above 125%.
6. When the quantity of work to be done under any Major Item of the Contract is less than 75%
of the original quantity stated in the Contract, then either party to the Contract may request
an adjustment to the unit price.
11.04 Plans Quantity Measurement
A. Plans quantities may or may not represent the exact quantity of work performed or material
moved, handled, or placed during the execution of the Contract. The estimated bid quantities are
designated as final payment quantities, unless revised by the governing Section or this Article.
B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than
25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total
estimated quantity for an individual Item originally shown in the Contract Documents, an
adjustment may be made to the quantity of authorized work done for payment purposes. The
party to the Contract requesting the adjustment will provide field measurements and calculations
.. showing the final quantity for which payment will be made. Payment for revised quantity will be
made at the unit price bid for that Item, except as provided for in Article 10.
C. When quantities are revised by a change in design approved by the City, by Change Order, or to
correct an error, or to correct an error on the plans, the plans quantity will be increased or
decreased by the amount involved in the change, and the 25% variance will apply to the new
plans quantity.
D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than
$250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans
quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans
quantity.
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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 on
and agreement to a lump sum or unit price is not reached under Paragraph 12.0l.B.2, on the
basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a am
Contractor's fee for overhead and profit(determined as provided in Paragraph 12.01.C).
C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as am
follows:
1. a mutually acceptable fixed fee;or so
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:
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a. for costs incurred under Paragraphs 11.0l.A.1, 11.0l.A.2. and 11.0l.A.3, the
Contractor's additional fee shall be 15 percent except for:
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1) rental fees for Contractor's own equipment using standard rental rates;
2) bonds and insurance; '"
b. for costs incurred under Paragraph 11.01.A.4 and 11.01.A.5,the Contractor's fee shall be
five percent(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
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tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under
Paragraphs 11.0l.A.1 and 11.01.A.2 and that any higher tier Subcontractor and
Contractor will each be paid a fee of five percent(5%) of the amount paid to the next
lower tier Subcontractor,however in no case shall the cumulative total of fees paid be
in excess of 25%;
c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.6, and
11.013;
.r
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
414 this Paragraph.
B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or
10 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.
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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: rs
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.
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C. In special circumstances where a particular item of equipment is placed in continuous service
before Final Acceptance of all the Work, the correction period for that item may start to run from
,.► an earlier date if so provided in the Contract Documents.
D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 13.07, the correction period hereunder with respect
to such Work may be required to be extended for an additional period of one year after the end of
the initial correction period. City shall provide 30 days written notice to Contractor should such
... additional warranty coverage be required. Contractor may dispute this requirement by filing a
Contract Claim,pursuant to Paragraph 10.06.
.. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or
warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a
waiver of,the provisions of any applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
,., If, instead of requiring correction or removal and replacement of defective Work, City prefers to
accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but
not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
.., court or other dispute resolution costs) attributable to City's evaluation of and determination to
accept such defective Work and for the diminished value of the Work to the extent not otherwise
paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be
s issued incorporating the necessary revisions in the Contract Documents with respect to the Work,
and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished
value of Work so accepted.
13.09 City May Correct Defective Work
.. A. If Contractor fails within a reasonable time after written notice from City to correct defective
Work, or to remove and replace rejected Work as required by City in accordance with Paragraph
13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents,
or if Contractor fails to comply with any other provision of the Contract Documents, City may,
after seven(7)days written notice to Contractor,correct, or remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed
expeditiously. In connection with such corrective or remedial action, City may exclude
Contractor from all or part of the Site, take possession of all or part of the Work and suspend
Contractor's services related thereto, and incorporate in the Work all materials and equipment
incorporated in the Work, stored at the Site or for which City has paid Contractor but which are
stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants,
employees, and City's other contractors, access to the Site to enable City to exercise the rights
and remedies under this Paragraph.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or other dispute resolution
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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 ON
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. Im
5. The amount of retainage with respect to progress payments will be as stipulated in the
Contract Documents.
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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
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e. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraph 15.02.A.
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C. Retainage:
1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent o.
(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.
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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
A* 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.
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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
we 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.
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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.
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B. Payment Becomes Due:
1. After City's acceptance of the Application for Payment and accompanying documentation, ON
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.
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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 ow
thereafter.
14.08 Final Completion Delayed and Partial Retainage Release ra
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, am
make payment of the balance due for that portion of the Work fully completed and accepted. If
the remaining balance to be held by City for Work not fully completed or corrected is less than
the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in *y
Paragraph 5.02, the written consent of the surety to the payment of the balance due for that
I.
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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
.r 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.
dw ARTICLE 15—SUSPENSION OF WORK AND TERMINATION
15.01 City May Suspend Work
A. At any time and without cause, City may suspend the Work or any portion thereof by written
notice to Contractor and which may fix the date on which Work will be resumed. Contractor
.� shall resume the Work on the date so fixed. During temporary suspension of the Work covered
by these Contract Documents, for any reason, the City will make no extra payment for stand-by
time of construction equipment and/or construction crews.
B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the
control of and without the fault or negligence of the Contractor, and should it be determined by
mutual consent of the Contractor and City that a solution to allow construction to proceed is not
available within a reasonable period of time, Contractor may request an extension in Contract
Time,directly attributable to any such suspension.
C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall
store all materials in such a manner that they will not obstruct or impede the public unnecessarily
.. nor become damaged in any way, and he shall take every precaution to prevent damage or
deterioration of the work performed; he shall provide suitable drainage about the work, and erect
temporary structures where necessary.
D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the
necessary equipment to the job when it is determined by the City that construction may be
4W 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.
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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 PM
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 Business Diversity Enterprise Ordinance #20020-12-201lestablished under
Paragraph 6.06.D);
2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction;
3. Contractor's repeated disregard of the authority of City; or
4. Contractor's violation in any substantial way of any provisions of the Contract Documents;
or
5. Contractor's failure to promptly make good any defect in materials or workmanship, or
defects of any nature,the correction of which has been directed in writing by the City; or
6. Substantial indication that the Contractor has made an unauthorized assignment of the
Contract or any funds due therefrom for the benefit of any creditor or for any other purpose;
or
7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise
financially unable to carry on the Work satisfactorily;or
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
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obligations, then City, without process or action at law, may take over any portion of the
Work and complete it as described below.
P.
a. If City completes the Work, City may exclude Contractor and Surety from the site and
take possession of the Work, and all materials and equipment incorporated into the Work
stored at the Site or for which City has paid Contractor or Surety but which are stored
elsewhere, and finish the Work as City may deem expedient.
3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any
further payment until the Work is finished. If the unpaid balance of the Contract Price
exceeds all claims, costs, losses and damages sustained by City arising out of or resulting
. from completing the Work, such excess will be paid to Contractor. If such claims, costs,
losses and damages exceed such unpaid balance, Contractor shall pay the difference to City.
Such claims, costs, losses and damages incurred by City will be incorporated in a Change
Order, provided that when exercising any rights or remedies under this Paragraph, City shall
not be required to obtain the lowest price for the Work performed.
4. Neither City, nor any of its respective consultants, agents, officers, directors or employees
shall be in any way liable or accountable to Contractor or Surety for the method by which the
completion of the said Work, or any portion thereof, may be accomplished or for the price
.. paid therefor.
5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right
«• to recover damages from Contractor or Surety for Contractor's failure to timely complete the
entire Contract. Contractor shall not be entitled to any claim on account of the method used
by City in completing the Contract.
6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as
provided for in the bond requirements of the Contract Documents or any special guarantees
provided for under the Contract Documents or any other obligations otherwise prescribed by
law.
C. Notwithstanding Paragraphs 15.02.13, Contractor's services will not be terminated if Contractor
begins within seven days of receipt of notice of intent to terminate to correct its failure to
perform and proceeds diligently to cure such failure within no more than 30 days of receipt of
said notice.
D. Where Contractor's services have been so terminated by City, the termination will not affect any
rights or remedies of City against Contractor then existing or which may thereafter accrue. Any
retention or payment of moneys due Contractor by City will not release Contractor from liability.
�* E. If and to the extent that Contractor has provided a performance bond under the provisions of
Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this
Article.
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15.03 City May Terminate For Convenience 00
A. City may, without cause and without prejudice to any other right or remedy of City, terminate the on
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 ON
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.
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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:
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1. elects in writing to invoke any other dispute resolution process provided for in the
Supplementary Conditions;or
2. agrees with the other party to submit the Contract Claim to another dispute resolution
process;or
3. gives written notice to the other party of the intent to submit the Contract Claim to a court of ..
competent jurisdiction.
ARTICLE 17—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
corporation for whom it is intended;or
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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 parry.
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.
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17.03 Cumulative Remedies
The duties and obligations imposed by these General Conditions and the rights and remedies P-
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.
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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.
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I SECTION 00 73 00
2 SUPPLEMENTARY CONDITIONS
3 TO
4 GENERAL CONDITIONS
5
6 Supplementary Conditions
7
a.� 8 These Supplementary Conditions modify and supplement Section 00 72 00-General Conditions,and other
9 provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are
10 modified or supplemented remain in full force and effect as so modified or supplemented. All provisions
11 of the General Conditions which are not so modified or supplemented remain in full force and effect.
12
13 Defined Terms
14
15 The terms used in these Supplementary Conditions which are defined in the General Conditions have the
16 meaning assigned to them in the General Conditions,unless specifically noted herein.
17
18 Modifications and Supplements
19
20 The following are instructions that modify or supplement specific paragraphs in the General Conditions and
21 other Contract Documents.
22
23 SC-3.03B.2,"Resolving Discrepancies"
24
25 Plans govern over Specifications.
26
27 SC-4.01A.1.,"Availability of Lands"
28
■r, 29 The following is a list of known outstanding right-of-way,and/or easements to be acquired,if any as of
30 March 8,2017:
31
32 Outstanding Right-Of-Way,and/or Easements to Be Acquired
PARCEL OWNER TARGET DATE
NUMBER OF POSSESSION
.� None
33 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed,
34 and do not bind the City.
35
36 If Contractor considers the final easements provided to differ materially from the representations on the
..� 37 Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work,
38 notify City in writing associated with the differing easement line locations.
39
40 SC-4.01A.2,"Availability of Lands"
41
42 Utilities or obstructions to be removed,adjusted,and/or relocated
43
,.� 44 The following is list of utilities and/or obstructions that have not been removed,adjusted,and/or relocated
45 as of March 8,2017,
46
47
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EXPECTED UTILITY AND LOCATION TARGET DATE OF
OWNER ADJUSTMENT
None
1 The Contractor understands and agrees that the dates listed above are estimates only,are not guaranteed,
2 and do not bind the City.
3
4 SC-4.02A.,"Subsurface and Physical Conditions" .�.
5
6 The following are reports of explorations and tests of subsurface conditions at the site of the Work:
7
8 None
9
10 SC-4.06A.,"Hazardous Environmental Conditions at Site"
11 .�.
12 The following are reports and drawings of existing hazardous environmental conditions known to the City:
13 none
14
15
16 SC-5.03A.,"Certificates of Insurance"
17
18 The entities listed below are"additional insureds as their interest may appear"including their respective
19 officers,directors,agents and employees.
20
21 (1) City
22 (2) Consultant:None
23 (3) Other:None
24
25 SC-5.04A.,"Contractor's Insurance" ..
26
27 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following
28 coverages for not less than the following amounts or greater where required by laws and regulations:
29
30 5.04A.Workers'Compensation,under Paragraph GC-5.04A.
31
32 Statutory limits „
33 Employer's liability
34 $100,000 each accidentloccurrence
35 $100,000 Disease-each employee
36 $500,000 Disease-policy limit
rA
37
38 SC-5.04B.,"Contractor's Insurance"
39 .�
40 5.04B. Commercial General Liability,under Paragraph GC-5.04B. Contractor's Liability Insurance
41 under Paragraph GC-5.04B.,which shall be on a per project basis covering the Contractor with
42 minimum limits of:
43
44 $1,000,000 each occurrence
45 $2,000,000 aggregate limit
46
47 The policy must have an endorsement(Amendment--Aggregate Limits of Insurance)making the
48 General Aggregate Limits apply separately to each job site.
49
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised January 22,2016
s..
..r
007300-3
SUPPLEMENTARY CONDITIONS
Page 3 of 4
1 The Commercial General Liability Insurance policies shall provide"X","C",and"U"coverage's.
2 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance.
A 3
4 SC 5.04C.,"Contractor's Insurance"
5 5.04C. Automobile Liability,under Paragraph GC-5.04C.Contractor's Liability Insurance under
6 Paragraph GC-5.04C.,which shall be in an amount not less than the following amounts:
' 7
8 (1) Automobile Liability-a commercial business policy shall provide coverage on"Any Auto",
9 defined as autos owned,hired and non-owned.
w 10
11 $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at
12 least:
13
14 $250,000 Bodily Injury per person/
15 $500,000 Bodily Injury per accident/
16 $100,000 Property Damage
17
18
19 SC-6.04.,"Project Schedule"
20
21 Project schedule shall be tier 1 for the project.
22
23 SC-6.07.,"Wage Rates"
it 24
25 The following is the prevailing wage rate table(s)applicable to this project and is provided in the
26 Appendixes:
27
28 2013 Prevailing Wage Rates(Heavy and Highway Construction Projects)
29 2013 Prevailing Wage Rates(Commercial Construction Projects)
30
31 SC-6.09.,"Permits and Utilities"
32
33 SC-6.09A.,"Contractor obtained permits and licenses"
34 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor:
35
36 1. Street Use Permit
37
38 SC-6.09B."City obtained permits and licenses"
39 The following are known permits and/or licenses required by the Contract to be acquired by the City:none
40
41 SC-6.09C."Outstanding permits and licenses"
go 42
43 The following is a list of known outstanding permits and/or licenses to be acquired,if any as of March 8,
44 2017:
No 45
46 Outstanding Permits and/or Licenses to Be Acquired
OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE
OF POSSESSION
so
None
47
48
49
50
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised January 22,2016
ON"
007300-4
SUPPLEMENTARY CONDITIONS
Page 4 of 4
1 SC-9.01.,"City's Project Manager"
2
3 The City's Project Manager for this Contract is Lee Soria or Kassen Elkhalil,or his/her successor pursuant
4 to written notification from the Director of Transportation and Public Works.
5
6 SC-13.03C.,`Tests and Inspections"
7
8 None
9
10 SC-16.01C.1,"Methods and Procedures" .•
11
12 None
13
14
15
END OF SECTION +�
Revision Log
DATE NAME SUMMARY OF CHANGE
1/22/2016 F. Griffin SC-9.01., "City's Project Representative"wording changed to City's Project
Manager. �..
r.
PRO
■M
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CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised January 22,2016
a..
011100-1
SUMMARY OF WORK
Page 1 of 2
1 SECTION 01 11 00
2 SUMMARY OF WORK
3 PART 1 - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Summary of Work to be performed in accordance with the Contract Documents
7 B. Deviations from this City of Fort Worth Standard Specification
8 1. None.
9 C. Related Specification Sections include,but are not necessarily limited to:
10 1. Division 0-Bidding Requirements,Contract Forms,and Conditions of the Contract
11 2. Division 1 -General Requirements
12 1.2 PRICE AND PAYMENT PROCEDURES
13 A. Measurement and Payment
14 1. Work associated with this Item is considered subsidiary to the various items bid.
15 No separate payment will be allowed for this Item.
16 1.3 REFERENCES [NOT USED]
17 1.4 ADMINISTRATIVE REQUIREMENTS
18 A. Work Covered by Contract Documents
19 1. Work is to include furnishing all labor and equipment, and performing all Work
20 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
r• 30 1. Coordinate uses of premises under direction of the City.
31 2. Assume fall 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.
..s
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised December 20,2012
01 1100-2
SUMMARY OF WORK
Page 2 of 2
1 b. Excavated and waste materials shall be stored in such a way as not to interfere
2 with the use of spaces that may be designated to be left free and unobstructed
3 and so as not to inconvenience occupants of adjacent property. *�
4 c. If the street is occupied by railroad tracks,the Work shall be carried on in such
5 manner as not to interfere with the operation of the railroad.
6 1) All Work shall be in accordance with railroad requirements set forth in
7 Division 0 as well as the railroad permit.
8 D. Work within Easements
9 1. Do not enter upon private property for any purpose without having previously "■
10 obtained permission from the owner of such property.
11 2. Do not store equipment or material on private property unless and until the
12 specified approval of the property owner has been secured in writing by the
13 Contractor and a copy furnished to the City.
14 3. Unless specifically provided otherwise,clear all rights-of-way or easements of
15 obstructions which must be removed to make possible proper prosecution of the goo
16 Work as a part of the project construction operations.
17 4. Preserve and use every precaution to prevent damage to,all trees, shrubbery,plants, Oro
18 lawns,fences,culverts,curbing,and all other types of structures or improvements,
19 to all water, sewer, and gas lines,to all conduits,overhead pole lines,or
20 appurtenances thereof, including the construction of temporary fences and to all
21 other public or private property adjacent to the Work.
22 5. Notify the proper representatives of the owners or occupants of the public or private
23 lands of interest in lands which might be affected by the Work.
24 a. Such notice shall be made at least 48 hours in advance of the beginning of the
25 Work.
26 b. Notices shall be applicable to both public and private utility companies and any
27 corporation,company, individual, or other,either as owners or occupants, ..
28 whose land or interest in land might be affected by the Work.
29 c. Be responsible for all damage or injury to property of any character resulting
30 from any act,omission,neglect,or misconduct in the manner or method or d.
31 execution of the Work,or at any time due to defective work,material,or
32 equipment.
33 END OF SECTION
34
Revision Log
DATE NAME SUMMARY OF CHANGE
35
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CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised December 20,2012
013119-1
PRECONSTRUCTION MEETING
Page 1 of 3
1 SECTION 013119
2 PRECONSTRUCTION MEETING
3 PART1 - GENERAL
4 1.1 SUMMARY
an 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
rr
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.
.w 17 1.3 ADMINISTRATIVE REQUIREMENTS
18 A. Coordination
19 1. Attend preconstruction meeting.
20 2. Representatives of Contractor, subcontractors and suppliers attending meetings
21 shall be qualified and authorized to act on behalf of the entity each represents.
•� 22 3. Meeting administered by City may be tape recorded.
23 a. If recorded,tapes will be used to prepare minutes and retained by City for
24 future reference.
25 B. Preconstruction Meeting
26 1. A preconstruction meeting will be held within 14 days after the execution of the
27 Agreement and before Work is started.
28 a. The meeting will be scheduled and administered by the City.
29 2. The Project Representative will preside at the meeting,prepare the notes of the
30 meeting and distribute copies of same to all participants who so request by fully
31 completing the attendance form to be circulated at the beginning of the meeting.
32 3. Attendance shall include:
33 a. Project Representative
34 b. Contractor's project manager
35 c. Contractor's superintendent
36 d. Any subcontractor or supplier representatives whom the Contractor may desire
37 to invite or the City may request
38 e. Other City representatives
39 f. Others as appropriate
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
as Revised August 17,2012
an
013119-2
PRECONSTRUCTION MEETING
Page 2 of 3
w
1 4. Construction Schedule
2 a. Prepare baseline construction schedule in accordance with Section 0132 16 and
3 provide at Preconstruction Meeting. po
4 b. City will notify Contractor of any schedule changes upon Notice of
5 Preconstruction Meeting.
6 5. Preliminary Agenda may include: +
7 a. Introduction of Project Personnel
8 b. General Description of Project
9 c. Status of right-of-way,utility clearances,easements or other pertinent permits .�
10 d. Contractor's work plan and schedule
11 e. Contract Time
12 f. Notice to Proceed
13 g. Construction Staking
14 h. Progress Payments
15 i. Extra Work and Change Order Procedures
16 j. Field Orders
17 k. Disposal Site Letter for Waste Material
18 1. Insurance Renewals
19 in. Payroll Certification ~"
20 n. Material Certifications and Quality Control Testing
21 o. Public Safety and Convenience
22 p. Documentation of Pre-Construction Conditions r+�
23 q. Weekend Work Notification
24 r. Legal Holidays
25 s. Trench Safety Plans .®
26 t. Confined Space Entry Standards
27 u. Coordination with the City's representative for operations of existing water
28 systems «.
29 v. Storm Water Pollution Prevention Plan
30 w. Coordination with other Contractors
31 x. Early Warning System
32 y. Contractor Evaluation
33 z. Special Conditions applicable to the project
34 aa. Damages Claims
35 bb. Submittal Procedures
36 cc. Substitution Procedures
37 dd. Correspondence Routing
38 ee. Record Drawings +�
39 ff. Temporary construction facilities
40 gg. M/WBE or MBE/SBE procedures
41 hh. Final Acceptance ..
42 ii. Final Payment
43 J. Questions or Comments
44
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised August 17,2012
013119-3
PRECONSTRUCTION MEETING
Page 3 of 3
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
■s
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised August 17,2012
w
013120-1
PROJECT MEETINGS
Page 1 of 3
1 SECTION 013120
me 2 PROJECT MEETINGS
am 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
w 13 2. Division 1—General Requirements
14 1.2 PRICE AND PAYMENT PROCEDURES
15 A. Measurement and Payment
16 1. Work associated with this Item is considered subsidiary to the various items bid.
17 No separate payment will be allowed for this Item.
18 1.3 REFERENCES [NOT USED]
19 1.4 ADMINISTRATIVE REQUIREMENTS
20 A. Coordination
21 1. Schedule, attend and administer as specified,periodic progress meetings, and
22 specially called meetings throughout progress of the Work.
23 2. Representatives of Contractor, subcontractors and suppliers attending meetings
24 shall be qualified and authorized to act on behalf of the entity each represents.
25 3. Meetings administered by City may be tape recorded.
26 a. If recorded,tapes will be used to prepare minutes and retained by City for
27 future reference.
rr
28 4. Meetings, in addition to those specified in this Section,may be held when requested
29 by the City,Engineer or Contractor.
30 B. Pre-Construction Neighborhood Meeting
31 1. After the execution of the Agreement,but before construction is allowed to begin,
32 attend 1 Public Meeting with affected residents to:
■. 33 a. Present projected schedule, including construction start date
34 b. Answer any construction related questions
35 2. Meeting Location
•. 36 a. Location of meeting to be determined by the City.
37 3. Attendees
38 a. Contractor
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
rr Revised July 1,2011
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 ww
9 scheduled and administered by Project Representative.
10 2. Additional progress meetings to discuss specific topics will be conducted on an as-
11 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
w
40 j. Review submittal schedules
41 k. Maintenance of quality standards
42 1. Pending changes and substitutions
43 in. 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 Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised July 1,2011 err
w
013120-3
PROJECT MEETINGS
Page 3 of 3
1 6. Meeting Schedule
2 a. Progress meetings will be held periodically as determined by the Project
w 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 END OF SECTION
12
Revision Log
DATE NAME SUMMARY OF CHANGE
13
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
r Revised July 1,2011
ear
013216-1
CONSTRUCTION PROGRESS SCHEDULE
Page 1 of 5
1 SECTION 0132 16
2 CONSTRUCTION PROGRESS SCHEDULE
an 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:
13 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract
14 2. Division 1 —General Requirements
w, 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
+.r
20 A. Definitions
21 1. Schedule Tiers
.�, 22 a. Tier I -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 Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised July 1,2011
on
013216-2
CONSTRUCTION PROGRESS SCHEDULE
Page 2 of 5
1 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 ON
4 1. City of Fort Worth Schedule Guidance Document
5 1.4 ADMINISTRATIVE REQUIREMENTS on
6 A. Baseline Schedule
7 1. General 00
8 a. Prepare a cost-loaded baseline Schedule using approved software and the
9 Critical Path Method(CPM)as required in the City of Fort Worth Schedule
10 Guidance Document.
11 b. Review the draft cost-loaded baseline Schedule with the City to demonstrate
12 understanding of the work to be performed and known issues and constraints
13 related to the schedule.
14 c. Designate an authorized representative(Project Scheduler)responsible for
15 developing and updating the schedule and preparing reports.
16 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 w.
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 Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
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
A. 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.
.r
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised July 1,2011
r.
013216-4
CONSTRUCTION PROGRESS SCHEDULE
Page 4 of 5
pa
1 c. Acknowledge and agree that actual delays, affecting paths of activities
2 containing float time,will not have any effect upon contract completion times,
3 providing that the actual delay does not exceed the float time associated with rr
4 those activities.
5 E. Coordinating Schedule with Other Contract Schedules
6 1. Where work is to be performed under this Contract concurrently with or contingent ~
7 upon work performed on the same facilities or area under other contracts,the
8 Baseline Schedule shall be coordinated with the schedules of the other contracts.
9 a. Obtain the schedules of the other appropriate contracts from the City for the
10 preparation and updating of Baseline schedule and make the required changes
11 in his schedule when indicated by changes in corresponding schedules.
12 2. In case of interference between the operations of different contractors,the City will
13 determine the work priority of each contractor and the sequence of work necessary
14 to expedite the completion of the entire Project.
15 a. In such cases,the decision of the City shall be accepted as final. A
16 b. The temporary delay of any work due to such circumstances shall not be
17 considered as justification for claims for additional compensation.
18 1.5 SUBMITTALS
19 A. Baseline Schedule
20 1. Submit Schedule in native file format and pdf format as required in the City of Fort
21 Worth Schedule Guidance Document.
22 a. Native file format includes:
23 1) Primavera(P6 or Primavera Contractor) ..
24 2. Submit draft baseline Schedule to City prior to the pre-construction meeting and
25 bring in hard copy to the meeting for review and discussion.
26 B. Progress Schedule
27 1. Submit progress Schedule in native file format and pdf format as required in the
28 City of Fort Worth Schedule Guidance Document.
29 2. Submit progress Schedule monthly no later than the last day of the month.
30 C. Schedule Narrative
31 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth
32 Schedule Guidance Document.
33 2. Submit schedule narrative monthly no later than the last day of the month.
34 D. Submittal Process
35 1. The City administers and manages schedules through Buzzsaw.
36 2. Contractor shall submit documents as required in the City of Fort Worth Schedule
37 Guidance Document.
38 3. Once the project has been completed and Final Acceptance has been issued by the
39 City,no further progress schedules are required.
40 1.6 QUALITY ASSURANCE
41 A. The person preparing and revising the construction Progress Schedule shall be
42 experienced in the preparation of schedules of similar complexity.
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised July 1,2011 a,
so
013216-5
CONSTRUCTION PROGRESS SCHEDULE
go Page 5 of 5
1 B. Schedule and supporting documents addressed in this Specification shall be prepared,
2 updated and revised to accurately reflect the performance of the construction.
3 C. Contractor'is responsible for the quality of all submittals in this section meeting the
4 standard of care for the construction industry for similar projects.
5 END OF SECTION
6
Revision Log
DATE NAME SUMMARY OF CHANGE
7
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.s
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CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised July 1,2011
013233-1
PRECONSTRUCTION VIDEO
Page 1 of 1
1 SECTION 0132 33
"4 2 PRECONSTRUCTION VIDEO
M 3 PART1 - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Administrative and procedural requirements for:
7 a. Preconstruction Videos
8 B. Deviations from this City of Fort Worth Standard Specification
9 1. None.
«■ 10 C. Related Specification Sections include,but are not necessarily limited to:
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 ADMINISTRATIVE REQUIREMENTS
18 A. Preconstruction Video
19 1. Produce a preconstruction video of the site/alignment, including all areas in the
20 vicinity of and to be affected by construction.
21 a. Provide digital copy of video upon request by the City.
22 2. Retain a copy of the preconstruction video until the end of the maintenance surety
23 period.
24 END OF SECTION
25
Revision Log
DATE NAME SUMMARY OF CHANGE
26
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CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised July 1,2011
013513-1
SPECIAL PROJECT PROCEDURES
Page 1 of 5
1 SECTION 0135 13
2 SPECIAL PROJECT PROCEDURES
3 PART 1 - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. The procedures for special project circumstances that includes,but is not limited to:
7 a. Coordination with the Texas Department of Transportation
8 b. Work near High Voltage Lines
9 c. Confined Space Entry Program
10 d. Air Pollution Watch Days
** 11 e. Public Notification Prior to Beginning Construction
12 f. Dust Control
13 g. Employee Parking
14 B. Deviations from this City of Fort Worth Standard Specification
15 1. None.
16 C. Related Specification Sections include,but are not necessarily limited to:
17 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract
18 2. Division 1—General Requirements
19 3. Section 33 12 25—Connection to Existing Water Mains
20 1.2 PRICE AND PAYMENT PROCEDURES
21 A. Measurement and Payment
22 1. All other items
23 a. Work associated with these Items is considered subsidiary to the various Items
24 bid. No separate payment will be allowed for this Item.
25 1.3 REFERENCES
26 A. Reference Standards
27 1. Reference standards cited in this Specification refer to the current reference
28 standard published at the time of the latest revision date logged at the end of this
29 Specification,unless a date is specifically cited.
30 2. Health and Safety Code,Title 9. Safety, Subtitle A.Public Safety, Chapter 752.
31 High Voltage Overhead Lines.
32 3. North Central Texas Council of Governments(NCTCOG)—Clean Construction
33 Specification
.. 34 1.4 ADMINISTRATIVE REQUIREMENTS
35 A. Coordination with the Texas Department of Transportation
36 1. When work in the right-of-way which is under the jurisdiction of the Texas
37 Department of Transportation(TxDOT):
38 a. Notify the Texas Department of Transportation prior to commencing any work
39 therein in accordance with the provisions of the permit
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
w Revised December 20,2012
0135 13-2
SPECIAL PROJECT PROCEDURES
Page 2 of 5
r
1 b. All work performed in the TxDOT right-of-way shall be performed in
2 compliance with and subject to approval from the Texas Department of
3 Transportation on
4 B. Work near High Voltage Lines
5 1. Regulatory Requirements ON
6 a. All Work near High Voltage Lines(more than 600 volts measured between
7 conductors or between a conductor and the ground) shall be in accordance with
8 Health and Safety Code,Title 9, Subtitle A,Chapter 752.
9 2. Warning sign ON
10 a. Provide sign of sufficient size meeting all OSHA requirements.
11 3. Equipment operating within 10 feet of high voltage lines will require the following OR
12 safety features
13 a. Insulating cage-type of guard about the boom or arm
14 b. Insulator links on the lift hook connections for back hoes or dippers
15 c. Equipment must meet the safety requirements as set forth by OSHA and the me
16 safety requirements of the owner of the high voltage lines
17 4. Work within 6 feet of high voltage electric lines
18 a. Notification shall be given to: em
19 1) The power company(example:ONCOR)
20 a) Maintain an accurate log of all such calls to power company and record
21 action taken in each case.
22 b. Coordination with power company
23 1) After notification coordinate with the power company to:
24 a) Erect temporary mechanical barriers,de-energize the lines,or raise or
25 lower the lines
26 c. No personnel may work within 6 feet of a high voltage line before the above
27 requirements have been met.
28 C. Air Pollution Watch Days
29 1. General
30 a. Observe the following guidelines relating to working on City construction sites
31 on days designated as"AIR POLLUTION WATCH DAYS".
32 b. Typical Ozone Season
33 1) May 1 through October 31.
34 c. Critical Emission Time
35 1) 6:00 a.m.to 10:00 a.m.
36 2. Watch Days
37 a. The Texas Commission on Environmental Quality(TCEQ),in coordination
38 with the National Weather Service,will issue the Air Pollution Watch by 3:00
39 p.m. on the afternoon prior to the WATCH day. �*
40 b. Requirements
41 1) Begin work after 10:00 a.m.whenever construction phasing requires the
42 use of motorized equipment for periods in excess of 1 hour. 00
43 2) However,the Contractor may begin work prior to 10:00 a.m. if.
44 a) Use of motorized equipment is less than 1 hour,or
45 b) If equipment is new and certified by EPA as "Low Emitting", or w.
46 equipment burns Ultra Low Sulfur Diesel(ULSD), diesel emulsions, or
47 alternative fuels such as CNG.
on
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised December 20,2012 am
0135 13-3
SPECIAL PROJECT PROCEDURES
Page 3 of 5
1 D. Public Notification Prior to Beginning Construction
2 1. Prior to beginning construction on any block in the project, on a block by block
3 basis,prepare and deliver a notice or flyer of the pending construction to the front
4 door of each residence or business that will be impacted by construction.The notice
5 shall be prepared as follows:
*+� 6 a. Post notice or flyer 7 days prior to beginning any construction activity on each
7 block in the project area.
8 1) Prepare flyer on the Contractor's letterhead and include the following
9 information:
10 a) Name of Project
11 b) City Project No(CPN)
wr 12 c) Scope of Project(i.e.type of construction activity)
13 d) Actual construction duration within the block
14 e) Name of the contractor's foreman and phone number
15 f) Name of the City's inspector and phone number
16 g) City's after-hours phone number
17 2) A sample of the `pre-construction notification' flyer is attached as Exhibit
18 A.
19 3) Submit schedule showing the construction start and finish time for each
20 block of the project to the inspector.
21 4) Deliver flyer to the City Inspector for review prior to distribution.
+� 22 b. No construction will be allowed to begin on any block until the flyer is
23 delivered to all residents of the block.
24 E. Dust Control
w
25 1. Use acceptable measures to control dust at the Site.
26 a. If water is used to control dust,capture and properly dispose of waste water.
27 b. If wet saw cutting is performed, capture and properly dispose of slurry.
.w
28 F. Employee Parking
29 1. Provide parking for employees at locations approved by the City.
rr�
30 END OF SECTION
., 31
Revision Log
DATE NAME SUMMARY OF CHANGE
1.4.13—Added requirement of compliance with Health and Safety Code,Title 9.
8/31/2012 D.Johnson Safety,Subtitle A.Public Safety,Chapter 752.High Voltage Overhead Lines.
1.4.E—Added Contractor responsibility for obtaining a TCEQ Air Permit
32
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised December 20,2012
013513-4
SPECIAL PROJECT PROCEDURES
Page 4 of 5
1 EXHIBIT A
2 (To be printed on Contractor's Letterhead)
3
4
5 .•
6 Date:
7
8 CPN No.:
9 Project Name:
10 Mapsco Location:
11 Limits of Construction:
12
13
14
15
16
17 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT
18 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR
19 PROPERTY.
20
21 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE
22 OF THIS NOTICE.
23
24 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER
25 ISSUE, PLEASE CALL:
26
27
28 Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.>
29
30 OR
31
32 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.>
33 _.
34 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306
35
36 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL
37
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised December 20,2012 ,,.,,
013513-5
SPECIAL PROJECT PROCEDURES
Page 5 of 5
EXHIBIT B
FORT WORTH
t
DOE HO.XXXX
Project Mame:
NOTICE OF TEMPORARY WATER SERVICE
.» INTERRUPTION
DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR
tele WATER SERVICE WILL BE INTERRUPTED ON
BETWEEN THE HOURS OF AND
no IF YOU HAVE QUESTIONS ABOUT THIS SHUT-OUT,PLEASE CALL:
MR. AT
4,. (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER)
OR
MR. AT
(CITY INSPECTOR) (TELEPHONE NUMBER)
THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE.
s4 THANK YOU,
M" .CONTRACTOR
W4
ON
04 4
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised December 20,2012
014523-1
TESTING AND INSPECTION SERVICES
Page 1 of 1
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
w 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 ADMINISTRATIVE REQUIREMENTS
17 A. Inspection
18 1. Inspection or lack of inspection does not relieve the Contractor from obligation to
19 perform work in accordance with the Contract Documents.
20 END OF SECTION
�. 21
Revision Log
DATE NAME SUMMARY OF CHANGE
22
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CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised July 1,2011
015526-1
STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
Page 1 of 2
1 SECTION 0155 26
2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
3 PART 1 - GENERAL
4 1.1 SUMMARY
so 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.
r 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
1 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 Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised July 1,2011
015526-2
STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
Page 2 of 2
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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. r.
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 END OF SECTION
27
Revision Log
DATE NAME SUMMARY OF CHANGE
28
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CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised July 1,2011 .,,r
016600-1
PRODUCT STORAGE AND HANDLING REQUIREMENTS
w�
Page i of 3
1 SECTION 0166 00
2 PRODUCT STORAGE AND HANDLING REQUIREMENTS
3 PART1 - GENERAL
4 1.1 SUMMARY
go 5 A. Section Includes:
6 1. Scheduling of product delivery
7 2. Packaging of products for delivery
.. 8 3. Protection of products against damage from:
9 a. Handling
10 b. Exposure to elements or harsh environments
11 B. Deviations from this City of Fort Worth Standard Specification
12 1. None.
13 C. Related Specification Sections include,but are not necessarily limited to:
14 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract
15 2. Division 1 —General Requirements
.. 16 1.2 PRICE AND PAYMENT PROCEDURES
17 A. Measurement and Payment
18 1. Work associated with this Item is considered subsidiary to the various Items bid.
19 No separate payment will be allowed for this Item.
20 1.3 DELIVERY AND HANDLING
21 A. Delivery Requirements
22 1. Schedule delivery of products or equipment as required to allow timely installation
23 and to avoid prolonged storage.
24 2. Provide appropriate personnel and equipment to receive deliveries.
25 3. Deliverytrucks will not be ermitted to wait extended periods of time on the Site
,.. p
26 for personnel or equipment to receive the delivery.
27 4. Deliver products or equipment in manufacturer's original unbroken cartons or other
28 containers designed and constructed to protect the contents from physical or
29 environmental damage.
30 5. Clearly and fully mark and identify as to manufacturer,item and installation
31 location.
32 6. Provide manufacturer's instructions for storage and handling.
33 B. Handling Requirements
34 1. Handle products or equipment in accordance with these Contract Documents and
35 manufacturer's recommendations and instructions.
w 36 C. Storage Requirements
37 1. Store materials in accordance with manufacturer's recommendations and
38 requirements of these Specifications.
ws
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised July 1,2011
wo
016600-2
PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 2 of 3
ON
1 2. Make necessary provisions for safe storage of materials and equipment.
2 a. Place loose soil materials and materials to be incorporated into Work to prevent
3 damage to any part of Work or existing facilities and to maintain free access at ..
4 all times to all parts of Work and to utility service company installations in
5 vicinity of Work.
6 3. Keep materials and equipment neatly and compactly stored in locations that will on
7 cause minimum inconvenience to other contractors,public travel, adjoining owners,
8 tenants and occupants.
9 a. Arrange storage to provide easy access for inspection.
10 4. Restrict storage to areas available on construction site for storage of material and
11 equipment as shown on Drawings,or approved by City's Project Representative.
12 5. Provide off-site storage and protection when on-site storage is not adequate. **
13 a. Provide addresses of and access to off-site storage locations for inspection by
14 City's Project Representative.
15 6. Do not use lawns,grass plots or other private property for storage purposes without
16 written permission of owner or other person in possession or control of premises.
17 7. Store in manufacturers' unopened containers.
18 8. Neatly, safely and compactly stack materials delivered and stored along line of
19 Work to avoid inconvenience and damage to property owners and general public
20 and maintain at least 3 feet from fire hydrant.
21 9. Keep public and private driveways and street crossings open.
22 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to
23 satisfaction of City's Project Representative.
24 a. Total length which materials may be distributed along route of construction at
25 one time is 1,000 linear feet,unless otherwise approved in writing by City's
26 Project Representative.
27 PART 2- EXECUTION
28 2.1 FIELD [OR] SITE QUALITY CONTROL
29 A. Tests and Inspections
30 1. Inspect all products or equipment delivered to the site prior to unloading.
31 B. Non-Conforming Work
32 1. Reject all products or equipment that are damaged,used or in any other way
33 unsatisfactory for use on the project.
34 2.2 PROTECTION
35 A. Protect all products or equipment in accordance with manufacturer's written directions.
36 B. Store products or equipment in location to avoid physical damage to items while in
37 storage.
38 C. Protect equipment from exposure to elements and keep thoroughly dry if required by
39 the manufacturer.
�r
40 END OF SECTION
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised July 1,2011
w
016600-3
PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 3 of 3
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1
Revision Log
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DATE NAME SUMMARY OF CHANGE
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CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
w Revised July 1,2011
01 70 00-1
MOBILIZATION AND REMOBILIZATION
Page 1 of 2
w
1 SECTION 0170 00
W 2 MOBILIZATION AND REMOBILIZATION
3 PART1 - GENERAL
4 1.1 SUMMARY
*w 5 A. Section Includes:
6 1. Mobilization and Demobilization
7 a. Mobilization
*� 8 1) Transportation of Contractor's personnel,equipment, and operating supplies
9 to the Site
10 2) Establishment of necessary general facilities for the Contractor's operation
.w 11 at the Site
12 3) Premiums paid for performance and payment bonds
13 4) Transportation of Contractor's personnel,equipment, and operating supplies
14 to another location within the designated Site
15 5) Relocation of necessary general facilities for the Contractor's operation
16 from 1 location to another location on the Site.
17 b. Demobilization
18 1) Transportation of Contractor's personnel,equipment, and operating supplies
19 away from the Site including disassembly
20 2) Site Clean-up
21 3) Removal of all buildings and/or other facilities assembled at the Site for this
22 Contract
23 c. Mobilization and Demobilization do not include activities for specific items of
■. 24 work that are for which payment is provided elsewhere in the contract.
25 B. Deviations from this City of Fort Worth Standard Specification
26 1. None.
27 C. Related Specification Sections include, but are not necessarily limited to:
28 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract
29 2. Division 1—General Requirements
30 1.2 PRICE AND PAYMENT PROCEDURES
31 A. Measurement and Payment
32 1. Mobilization and Demobilization
33 a. Measure
34 1) This Item is considered subsidiary to the various Items bid.
35 b. Payment
36 1) The work performed and materials furnished in accordance with this Item
"* 37 are subsidiary to the various Items bid and no other compensation will be
38 allowed.
.. 39 END OF SECTION
40
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
r� Revised December 20,2012
017000-2
MOBILIZATION AND REMOBILIZATION
Page 2 of 2
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Revision Log
DATE NAME SUMMARY OF CHANGE
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1
Mr
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CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised December 20,2012
a..
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017423-1
CLEANING
Page 1 of 3
1 SECTION 0174 23
10 2 CLEANING
3 PART1- GENERAL
4 1.1 SUMMARY
+� 5 A. Section Includes:
6 1. Intermediate and final cleaning for Work not including special cleaning of closed
7 systems specified elsewhere
am
8 B. Deviations from this City of Fort Worth Standard Specification
9 1. None.
■* 10 C. Related Specification Sections include,but are not necessarily limited to:
11 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract
12 2. Division 1—General Requirements
13 3. Section 32 92 13—Hydro-Mulching, Seeding and Sodding
14 1.2 PRICE AND PAYMENT PROCEDURES
w
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 ADMINISTRATIVE REQUIREMENTS
19 A. Scheduling
20 1. Schedule cleaning operations so that dust and other contaminants disturbed by
21 cleaning process will not fall on newly painted surfaces.
,.0 22 2. Schedule final cleaning upon completion of Work and immediately prior to final
23 inspection.
24 1.4 STORAGE,AND HANDLING
25 A. Storage and Handling Requirements
26 1. Store cleaning products and cleaning wastes in containers specifically designed for
.� 27 those materials.
28 PART 2- PRODUCTS
29 2.1 MATERIALS
30 A. Cleaning Agents
31 1. Compatible with surface being cleaned
32 2. New and uncontaminated
* 33 3. For manufactured surfaces
34 a. Material recommended by manufacturer
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
w Revised July 1,2011
am
017423-2
CLEANING
Page 2 of 3
in
1 PART 3- EXECUTION
2 3.1 CLEANING .•
3 A. General
4 1. Prevent accumulation of wastes that create hazardous conditions.
5 2. Conduct cleaning and disposal operations to comply with laws and safety orders of
6 governing authorities.
7 3. Do not dispose of volatile wastes such as mineral spirits,oil or paint thinner in ..
8 storm or sanitary drains or sewers.
9 4. Dispose of degradable debris at an approved solid waste disposal site.
10 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an '®
11 alternate manner approved by City and regulatory agencies.
12 6. Handle materials in a controlled manner with as few handlings as possible.
13 7. Thoroughly clean, sweep,wash and polish all Work and equipment associated with
14 this project.
15 8. Remove all signs of temporary construction and activities incidental to construction
16 of required permanent Work.
17 9. If project is not cleaned to the satisfaction of the City,the City reserves the right to
18 have the cleaning completed at the expense of the Contractor.
19 10. Do not burn on-site.
20 B. Intermediate Cleaning during Construction
21 1. Keep Work areas clean so as not to hinder health, safety or convenience of ""
22 personnel in existing facility operations.
23 2. At maximum weekly intervals,dispose of waste materials, debris and rubbish.
■.
24 3. Confine construction debris daily in strategically located container(s):
25 a. Cover to prevent blowing by wind
26 b. Store debris away from construction or operational activities
27 c. Haul from site at a minimum of once per week
28 4. Vacuum clean interior areas when ready to receive finish painting.
29 a. Continue vacuum cleaning on an as-needed basis,until Final Acceptance.
30 5. Prior to storm events,thoroughly clean site of all loose or unsecured items,which
31 may become airborne or transported by flowing water during the storm.
32 C. Interior Final Cleaning ..
33 1. Remove grease,mastic,adhesives,dust,dirt,stains,fingerprints,labels and other
34 foreign materials from sight-exposed surfaces.
35 2. Wipe all lighting fixture reflectors, lenses,lamps and trims clean.
36 3. Wash and shine glazing and mirrors.
37 4. Polish glossy surfaces to a clear shine.
38 5. Ventilating.systems
39 a. Clean permanent filters and replace disposable filters if units were operated
40 during construction.
41 b. Clean ducts,blowers and coils if units were operated without filters during
42 construction.
as
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised July 1,2011
we
017423-3
CLEANING
oft Page 3 of 3
1 6. Replace all burned out lamps.
2 7. Broom clean process area floors.
Ab 3 8. Mop office and control room floors.
4 D. Exterior(Site or Right of Way)Final Cleaning
r�r 5 1. Remove trash and debris containers from site.
6 a. Re-seed areas disturbed by location of trash and debris containers in accordance
7 with Section 32 92 13.
w 8 2. Sweep roadway to remove all rocks,pieces of asphalt,concrete or any other object
9 that may hinder or disrupt the flow of traffic along the roadway.
10 3. Clean any interior areas including,but not limited to,vaults,manholes, structures,
.� 11 junction boxes and inlets.
12 4. If no longer required for maintenance of erosion facilities,and upon approval by
13 City,remove erosion control from site.
14 5. Clean signs, lights,signals,etc.
15 END OF SECTION
16
Revision Log
DATE NAME SUMMARY OF CHANGE
A
17
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CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
on Revised July 1,2011
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017719-1
CLOSEOUT REQUIREMENTS
Page 1 of 3
1 SECTION 0177 19
2 CLOSEOUT REQUIREMENTS
3 PART1 - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. The procedure for closing out a contract
7 B. Deviations from this City of Fort Worth Standard Specification
8 1. None.
9 C. Related Specification Sections include,but are not necessarily limited to:
10 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract
11 2. Division 1—General Requirements
�., 12 1.2 PRICE AND PAYMENT PROCEDURES
13 A. Measurement and Payment
14 1. Work associated with this Item is considered subsidiary to the various Items bid.
15 No separate payment will be allowed for this Item.
16 1.3 ADMINISTRATIVE REQUIREMENTS
b 17 A. Guarantees,Bonds and Affidavits
18 1. No application for final payment will be accepted until all guarantees,bonds,
19 certificates,licenses and affidavits required for Work or equipment as specified are
20 satisfactorily filed with the City.
21 B. Release of Liens or Claims
22 1. No application for final payment will be accepted until satisfactory evidence of
23 release of liens has been submitted to the City.
24 1.4 SUBMITTALS
25 A. Submit all required documentation to City's Project Representative.
26 PART 2- EXECUTION
27 2.1 CLOSEOUT PROCEDURE
28 A. Prior to requesting Final Inspection, submit:
29 1. Project Record Documents in accordance with Section 0178 39
30 2. Operation and Maintenance Data,if required,in accordance with Section 0178 23
31 B. Prior to requesting Final Inspection,perform final cleaning in accordance with Section
32 01 74 23.
33 C. Final Inspection
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised July 1,2011
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017719-2
CLOSEOUT REQUIREMENTS
Page 2 of 3
1 1. After final cleaning,provide notice to the City Project Representative that the Work
2 is completed.
3 a. The City will make an initial Final Inspection with the Contractor present. r.
4 b. Upon completion of this inspection,the City will notify the Contractor,in
5 writing within 10 business days, of any particulars in which this inspection
6 reveals that the Work is defective or incomplete. ■,
7 2. Upon receiving written notice from the City,immediately undertake the Work
8 required to remedy deficiencies and complete the Work to the satisfaction of the
9 City.
10 3. Upon completion of Work associated with the items listed in the City's written
11 notice,inform the City,that the required Work has been completed. Upon receipt
12 of this notice,the City,in the presence of the Contractor,will make a subsequent
13 Final Inspection of the project.
14 4. Provide all special accessories required to place each item of equipment in full
15 operation. These special accessory items include,but are not limited to: ...
16 a. Specified spare parts
17 b. Adequate oil and grease as required for the first lubrication of the equipment
18 c. Initial fill up of all chemical tanks and fuel tanks
19 d. Light bulbs
20 e. Fuses
21 f. Vault keys
22 g. Handwheels
23 h. Other expendable items as required for initial start-up and operation of all
24 equipment
25 D. Notice of Project Completion
26 1. Once the City Project Representative finds the Work subsequent to Final Inspection
27 to be satisfactory,the City will issue a Notice of Project Completion(Green Sheet).
28 E. Supporting Documentation
29 1. Coordinate with the City Project Representative to complete the following
30 additional forms:
31 a. Final Payment Request
32 b. Statement of Contract Time
33 c. Affidavit of Payment and Release of Liens '•'
34 d. Consent of Surety to Final Payment
35 e. Pipe Report(if required)
36 f. Contractor's Evaluation of City ..
37 g. Performance Evaluation of Contractor
38 F. Letter of Final Acceptance
39 1. Upon review and acceptance of Notice of Project Completion and Supporting
40 Documentation,in accordance with General Conditions,City will issue Letter of
41 Final Acceptance and release the Final Payment Request for payment.
42
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised July 1,2011
017719-3
CLOSEOUT REQUIREMENTS
Page 3 of 3
ti
1 END OF SECTION
2
Revision Log
�. DATE NAME SUMMARY OF CHANGE
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3
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CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised July 1,2011
017839-1
PROJECT RECORD DOCUMENTS
Page 1 of 3
1 SECTION 0178 39
"" 2 PROJECT RECORD DOCUMENTS
3 PART1 - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Work associated with the documenting the project and recording changes to project
7 documents, including:
8 a. Record Drawings
9 b. Water Meter Service Reports
10 c. Sanitary Sewer Service Reports
.� 11 d. Large Water Meter Reports
12 B. Deviations from this City of Fort Worth Standard Specification
13 1. None.
14 C. Related Specification Sections include,but are not necessarily limited to:
15 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract
16 2. Division 1—General Requirements
17 1.2 PRICE AND PAYMENT PROCEDURES
18 A. Measurement and Payment
19 1. Work associated with this Item is considered subsidiary to the various Items bid.
20 No separate payment will be allowed for this Item.
21 1.3 SUBMITTALS
22 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to
23 City's Project Representative.
24 1.4 QUALITY ASSURANCE
25 A. Accuracy of Records
26 1. Thoroughly coordinate changes within the Record Documents, making adequate
27 and proper entries on each page of Specifications and each sheet of Drawings and
28 other Documents where such entry is required to show the change properly.
29 2. Accuracy of records shall be such that future search for items shown in the Contract
30 Documents may rely reasonably on information obtained from the approved Project
31 Record Documents.
32 3. To facilitate accuracy of records,make entries within 24 hours after receipt of
33 information that the change has occurred.
34 4. Provide factual information regarding all aspects of the Work,both concealed and
35 visible,to enable future modification of the Work to proceed without lengthy and
36 expensive site measurement,investigation and examination.
37 1.5 STORAGE AND HANDLING
38 A. Storage and Handling Requirements
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised July 1,2011
FM
017839-2
PROJECT RECORD DOCUMENTS
Page 2 of 3
1 1. Maintain the job set of Record Documents completely protected from deterioration
2 and from loss and damage until completion of the Work and transfer of all recorded
3 data to the final Project Record Documents. r+
4 2. In the event of loss of recorded data,use means necessary to again secure the data
5 to the City's approval.
6 a. In such case,provide replacements to the standards originally required by the ..
7 Contract Documents.
8 PART 2- PRODUCTS
9 2.1 RECORD DOCUMENTS
10 A. Job set
11 1. Promptly following receipt of the Notice to Proceed, secure from the City,at no
12 charge to the Contractor, 1 complete set of all Documents comprising the Contract.
13 B. Final Record Documents
14 1. At a time nearing the completion of the Work and prior to Final Inspection,provide
15 the City 1 complete set of all Final Record Drawings in the Contract.
16 PART 3- EXECUTION
17 3.1 MAINTENANCE DOCUMENTS
18 A. Maintenance of Job Set .�•
19 1. Immediately upon receipt of the job set, identify each of the Documents with the
20 title, "RECORD DOCUMENTS -JOB SET".
21 2. Preservation
22 a. Considering the Contract completion time,the probable number of occasions
23 upon which the job set must be taken out for new entries and for examination,
24 and the conditions under which these activities will be performed, devise a
25 suitable method for protecting the job set.
26 b. Do not use the job set for any purpose except entry of new data and for review
27 by the City,until start of transfer of data to final Project Record Documents. ..
28 c. Maintain the job set at the site of work.
29 3. Coordination with Construction Survey
30 a. At a minimum, in accordance with the intervals set forth in Section 01 71 23, ..
31 clearly mark any deviations from Contract Documents associated with
32 installation of the infrastructure.
33 4. Making entries on Drawings .�
34 a. Record any deviations from Contract Documents.
35 b. Use an erasable colored pencil(not ink or indelible pencil), clearly describe the
36 change by graphic line and note as required.
37 c. Date all entries.
38 d. Call attention to the entry by a"cloud" drawn around the area or areas affected.
39 e. In the event of overlapping changes,use different colors for the overlapping
40 changes.
41 5. Conversion of schematic layouts
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised July 1,2011 �,,,
017839-3
PROJECT RECORD DOCUMENTS
Page 3 of 3
1 a. In some cases on the Drawings,arrangements of conduits,circuits,piping,
2 ducts,and similar items,are shown schematically and are not intended to
+� 3 portray precise physical layout.
4 1) Final physical arrangement is determined by the Contractor, subject to the
5 City's approval.
6 2) However, design of future modifications of the facility may require
7 accurate information as to the final physical layout of items which are
8 shown only schematically on the Drawings.
9 b. Show on the job set of Record Drawings,by dimension accurate to within 1
10 inch,the centerline of each run of items.
11 1) Final physical arrangement is determined by the Contractor, subject to the
12 City's approval.
13 2) Show,by symbol or note,the vertical location of the Item("under slab", "in
14 ceiling plenum", "exposed", and the like).
15 3) Make all identification sufficiently descriptive that it may be related
'* 16 reliably to the Specifications.
17 c. The City may waive the requirements for conversion of schematic layouts
18 where,in the City's judgment, conversion serves no useful purpose. However,
19 do not rely upon waivers being issued except as specifically issued in writing
20 by the City.
21 B. Final Project Record Documents
22 1. Transfer of data to Drawings
23 a. Carefully transfer change data shown on the job set of Record Drawings to the
24 corresponding final documents,coordinating the changes as required.
25 b. Clearly indicate at each affected detail and other Drawing a full description of
26 changes made during construction,and the actual location of items.
27 c. Call attention to each entry by drawing a"cloud" around the area or areas
28 affected.
29 d. Make changes neatly, consistently and with the proper media to assure
30 longevity and clear reproduction.
31 2. Transfer of data to other Documents
32 a. If the Documents,other than Drawings,have been kept clean during progress of
33 the Work,and if entries thereon have been orderly to the approval of the City,
•■ 34 the job set of those Documents,other than Drawings,will be accepted as final
35 Record Documents.
36 b. If any such Document is not so approved by the City, secure a new copy of that
.,� 37 Document from the City at the City's usual charge for reproduction and
38 handling, and carefully transfer the change data to the new copy to the approval
39 of the City.
40 END OF SECTION
41
Revision Log
DATE NAME SUMMARY OF CHANGE
42
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised July 1,2011
W
00
APPENDIX
OR GC-6.06.1)Minority and Women Owned Business Enterprise Compliance
GC-6.07 Wage Rates
Modified City of Fort Worth Specifications
Anticipated Project Locations
swr
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09
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CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised July 1,2011
wl
GC-6.06.1) Minority and Women Owned Business
Enterprise Compliance
THIS PAGE LEFT INTENTIONALLY BLANK
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CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised July 1,2011
tw
ATTACHMENTIC
Pagel of 4
FORT WORTH City of Fort Worth
Minority Business Enterprise
MBE Good Faith Effort Form
OFFEROR COMPANY NAME: Check applicable block to describe
„ Offeror
PROJECT NAME:
MAN/DBE NON-M/VV/DBE
Traffic Si nal Preventative Maintenance Contract 1 BID DATE
,.. g March 30, 2017
City's MBE Project Goal: Offeror's MBE Project Commitment: PROJECT NUMBER
5 % Bio 10205
If the Offeror did not meet or exceed the MBE subcontracting goal for this project, the Offeror must complete this
form.
If the Offeror's method of compliance with the MBE goal is based upon demonstration of a
"good faith effort", the Offeror will have the burden of correctly and accurately preparing and
submitting the documentation required by the City. Compliance with each item, 1 thru 11 below,
shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing
misrepresentation of the facts or intentional discrimination by the Offeror.
Failure to complete this form, in its entirety with supporting documentation, and received by the
Purchasing Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive
of bid opening date, will result in the bid being considered non-responsive to bid specifications.
1.) Please list each and every subcontracting and/or supplier opportunity for the completion of this
project, regardless of whether it is to be provided by a MBE or non-MBE. (DO NOT LIST NAMES OF
FIRMS) On all projects, the Offeror must list each subcontracting and or supplier opportunity
regardless of tier.
�. (Use additional sheets, if necessary)
List of Subcontracting Opportunities List of Supplier Opportunities
.. r
P
Rev.2/10/15
ATTACHMENT 1C
Page 2 of 4
2.) Obtain a current(not more than two (2) months old from the bid open date) list of MBE subcontractors
and/or suppliers from the City's M/WBE Office.
Yes Date of Listing »-
No
3.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed,
at least ten calendar days prior to bid opening by mail,exclusive of the day the bids are opened?
Yes (if yes,attach MBE mail listing to include name of firm and address and a dated copy of letter mailed.)
No
4.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed,
at least ten calendar days prior to bid opening by telephone,exclusive of the day the bids are
opened?
Yes (If yes,attach list to include name of MBE firm,person contacted,phone number and date and time of contact.)
No --
5.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed,
at least ten calendar days prior to bid opening by facsimile (fax), exclusive of the day the bids are +-
opened?
Yes (If yes,attach list to include name of MBE firm,fax number and date and time of contact. In addition,if the fax is
returned as undeliverable,then that"undeliverable confirmation"received must be printed directly from the
facsimile for proper documentation. Failure to submit confirmation and/or"undeliverable confirmation"
documentation may render the GFE non-responsive.)
No
6.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed,
at least ten calendar days prior to bid opening by email, exclusive of the day the bids are opened?
Yes (if yes,attach email confirmation to include name of MBE firm,date and time.In addition,if an email is returned
as undeliverable,then that"undeliverable message"receipt must be printed directly from the email system for
proper documentation. Failure to submit confirmation and/or"undeliverable message"documentation may
render the GFE non-responsive.) —'
No
NOTE: The four methods identified above are acceptable for soliciting bids, and each selected method
must be applied to the applicable contract. The Offeror must document that either at least two attempts
were made using two of the four methods or that at least one successful contact was made using one of
the four methods in order to be deemed responsive to the Good Faith Effo� requirement.
NOTE: The Offeror must contact the entire MBE list specific to each subcontracting and supplier
opportunity to be in compliance with questions 3 through 6. -�
7.) Did you provide plans and specifications to potential MBEs?
Yes
No
8.) Did you provide the information regarding the location of plans and specifications in order to assist
the MBEs?
Yes
No -
Rev.2/10/15
ATTACHMENT 1C
Page 3 of 4
9.) Did you prepare a quotation for the MBEs to bid on goods/services specific to their skill set?
Yes (If yes,attach all copies of quotations.)
No
10.) Was the contact information on any of the listings not valid?
Yes (if yes,attach the information that was not valid in order for the M/WBE Office to address the corrections
needed.)
No
11.)Submit documentation if MBE quotes were rejected. The documentation submitted should be in the
forms of an affidavit, include a detailed explanation of why the MBE was rejected and any supporting
documentation the Offeror wishes to be considered by the City. In the event of a bona fide dispute
concerning quotes, the Offeror will provide for confidential in-camera access to an inspection of any
relevant documentation by City personnel.
Please use additional sheets, if necessarj4 and attach.
Company Name Telephone Contact Person Scope of Work Reason for Rejection
ADDITIONAL INFORMATION:
Please provide additional information you feel will further explain your good and honest efforts to obtain
MBE participation on this project.
The Offeror further agrees to provide, directly to the City upon request, complete and
accurate information regarding actual work performed on this contract, the payment
thereof and any proposed changes to the original arrangements submitted with this bid.
The Offeror also agrees to allow an audit and/or examination of any books, records and
files held by their company that will substantiate the actual work performed on this
contract, by an authorized officer or employee of the City.
Any intentional and/or knowing misrepresentation of facts will be grounds for
-m terminating the contract or debarment from City work for a period of not less than three
(3) years and for initiating action under Federal, State or Local laws concerning false
statements. Any failure to comply with this ordinance shall create a material breach of
contract and may result in a determination of an irresponsible Offeror and debarment
from participating in City work for a period of time not less than one (1) year.
Rev.2/10/15
ATTACHMENT 1C
Page 4 of 4
The undersigned certifies that the information provided and the MBEs) listed was/were
contacted in good faith. It is understood that any MBE(s) listed in Attachment 1C will be
contacted and the reasons for not using them will be verified by the City's M/WBE
Office.
Authorized Signature Printed Signature
Title Contact Name and Title (if different)
Company Name Phone Number Fax Number
Address Email Address
City/StatelZip Date
Rev,2/10/15
Joint Venture
Page 1 of 3
FORT WORTH
CITY OF FORT WORTH
MBE Joint Venture Eligibility Form
ws All questions must be answered;use"N/A"if not applicable.
Name of City project: Traffic Signal Preventative Maintenance Contract 1
A joint venture form must be completed on each project
RFP/Bid/Purchasing Number: 10205
1.Joint venture information:
Joint Venture Name:
•■ Joint Venture Address:
(If applicable)
Telephone: Facsimile: E-mail address:
w
Cellular:
Identify the firms that comprise 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
MBE firm Non-MBE firm
name: na nte:
Business Address: I'�sitlesa. 0 bass:
City,State,Zip: City,State,Zip:
■s
Telephone Facsimile E-mail Telephone Facsimile
w�
Cellular Cellular
Certification Status: E-mail address
Name of Certifying Agency:
an
2. Scope of work performed by the Joint Venture:
Describe the scope of work of the MBE: Describe the scope of work of the non-MBE:
4W
wm
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Rev.2/10/15
Joint Venture
Page 2 of 3
3.What is the percentage of MBE participation on this joint venture that you wish to be counted toward
meeting the project goal?
4.Attach a copy of the joint venture agreement.
w..
5.List components of ownership of joint venture: (Do not complete if this information is described in joint venture agreement)
Profit and loss sharing:
Capital contributions,including
equipment:
Other applicable ownership interests:
r.r
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
—----------------------------------------------------
b. Marketing and Sales
c. Hiring and Firing of management
personnel
------------ ------------ ------- «•
d. Purchasing of major equipment
and/or supplies
Supervision of field operations ,,
The City's Minority and Women Business Enterprise Office will review your joint venture submission and
will have final approval of the MBE percentage applied toward the goal for the project listed on this form.
NOTE:
From and after the date of project award, if any of the participants, the individually defined scopes of work or
the dollar amounts/percentages change from the originally approved information, then the participants must
inform the City's M/WBE Office immediately for approval. Any unjustified change or deletion shall be a
material breach of contract and may result in debarment in accord with the procedures outlined in the City's
BDE Ordinance.
Rev.2/10/15
on
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.
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 MBE firm Name of non-MBE firm
■w Printed Name of Owner Printed Name of Owner
Signature of Owner Signature of Owner
Printed Name of Owner Printed Name of Owner
Signature of Owner Signature of Owner
Title Title
Date Date
Notarization
State of County of
On this day of ,20_ ,before me appeared
and
to me personally known and who,being duly sworn, did execute the foregoing affidavit and did state that they were
properly authorized to execute this affidavit and did so as their free act and deed.
Notary Public
Print Name
Notary Public
Signature
■* Commission Expires (seat)
Rev.2/10/15
CITY OF FORT WORTH
CONTRACT COMPLIANCE MEMORANDUM
THIS FORM MUST BE ATTACHED TO THE ROUTING "M & C" BEFORE
LAW DEPARTMENT AND CITY MANAGER APPROVAL
To: Scott R. Arnold
Protect Manager
From: Patty Wilson (817) 212-2678
MNVBE CAce Staff _amd Extension
u Date: April 13, 2017
In the Amount of $95,000.00 TPW-100869
DOE/project No.
Project/Bid: 2014 CIP, Traffic Signal Preventative Maintenance,
Contract 'I (Task Order Contract)
1. Compliance with the City's Business Diversity Enterprise (BDE)
Ordinance has been achieved by the following method:
d) Siemens Industry Inc. is in compliance with City's BDE Ordinance by
submission of the prime contractor waiver form. The City's MBE goal on this
project is 5%.
SIEMENSIntelligentTraffic Systems
March 28,2017
City ofFort Worth
~~
Purchasing Division
200Texas Street
Fort Worth,TX76fO2
�
RE: Prime Contractor Waiver Form:TRAFFIC SIGNAL PREVENTATIVE MAINTENANCE CONTRACT
�= ToWhom hMay Concern:
Based onthe bid line kemapresented inthe RFB. at this time, all labor onmponantscfthis contract will be
self performed by Siemens Industry inc. Additionally, the majorty of the contract supplies are being provided by the
city, with only asmall portion ofconsumable materials being provided bythe contractor. As such, meare providing
the Prime contractor Waiver form hmthe city per section UO454Oofthe bid documents. Siemens Industry Inc, ITS
is dedicated to supporting any and all MBE efforts byour customers and if the scope of execution changes or
material opportunities arise, we will use all efforts to use a /08E contractor orsupplier\n meet the stated gme|n in
the RFR
Respectfully,
Michelle Flynn
Service Account Manager
Siemens Industry, Inc Intelligent Traffic Systems
1850OAir Center Blvd
Houston, TX 77032
078'430'3086
078'735-3183
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Page Im`
ATTACHMENT IB
FORT WORTH Page 1 of 1
City of Fort Worth
Minority Business Enterprise Specifications
Prime Contractor Waiver Form
OFFEROR COMPANY NAME: Check applicable block to describe prime
PROJECT NAME:
- -- M/\N/DBE NON-MM/DBE
Traffic Signal Preventative Maintenance Contract 1 BID DATE
City's MBE Project Goal: Offeror's MBE Project Commitment: PROJECT NUMBER
5 Bio Bio 10205
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 1 C. This form is only applicable if both answers are yes.
Failure to complete this form in its entirety and be received by the Purchasing Division no later than 2:00
p.m., on the second City business day after bid opening, exclusive of the bid opening date, will result in
the bid being considered non-responsive to bid specifications.
Will you perform this entire contract without subcontractors? YES
If yes, please provide a detailed explanation that proves based on the size and scope of this NO
project, this is your normal business practice and provide an operational profile of your business.
Will you perform this entire contract without suppliers? YES
If yes, please provide a detailed explanation that proves based on the size and scope of this
.. project, this is your normal business practice and provide an inventory profile of your business. NO
The Offeror further agrees to provide, directly to the City upon request, complete and accurate information
regarding actual work performed by all subcontractors, including MBE(s) on this contract, the payment thereof and
any proposed changes to the original MBE(s) arrangements submitted with this bid. The Offeror also agrees to
allow an audit and/or examination of any books, records and files held by their company that will substantiate the
actual work performed by the MBEs on this contract, by an authorized officer or employee of the City. Any
intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment
from City 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
and may result in a determination of an irresponsible Offeror and barred from participating in City work for a
period of time not less than one(1) year.
Authorized Signature Printed Signature
Title Contact Name(if different)
Company Name Phone Number Fax Number
Address Email Address
Arir
City/State2ip Date
Rev.2/10/15
FORT WORTH
City of Fort Worth
Minority Business Enterprise Specifications
SPECIAL INSTRUCTIONS FOR OFFERORS
APPLICATION OF POLICY
If the total dollar value of the contract is$50,000 or more,then a MBE subcontracting goal is applicable.
POLICY STATEMENT
It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises
(MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current
Business Diversity Enterprise Ordinance applies to this bid.
MBE PROJECT GOALS
The City's MBE goal on this project is 5 %of the base bid value of the contract.
Note: If both MBE and SBE subcontracting goals are established for this project,then an Offeror must submit both a
MBE Utilization Form and a SBE Utilization Form to be deemed responsive.
COMPLIANCE TO BID SPECIFICATIONS
On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to comply with
�. the intent of the City's Business Diversity Enterprise Ordinance by one of the following:
1„ Meet or exceed the above stated MBE goal through MBE subcontracting participation, or
2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation, or;
3. Good Faith Effort documentation, or;
4. Prime Waiver documentation.
SUBMITTAL OF REQUIRED DOCUMENTATION
,.. The applicable documents must be. received by the Purchasing Division, within the following times allocated, in order
for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the MBE documentation in
person to the appropriate employee of the purchasing division and obtain a date/time receipt. Such receipt shall be
evidence that the City received the documentation in the time allocated. A faxed and/or emailed copy will not be
.■
accepted.
1. Subcontractor Utilization Form, if goal is received no later than 2:00 p.m., on the second City business day
met or exceeded: after the bid opening date, exclusive of the bid opening date.
2. Good Faith Effort and Subcontractor received no later than 2:00 p.m., on the second City business day
Utilization Form, if participation is less than after the bid opening date, exclusive of the bid opening date.
statedgoal:
3. Good Faith Effort and Subcontractor received no later than 2:00 p.m., on the second City business day
Utilization Form, if no MBE participation: after the bid opening date, exclusive of the bid opening date.
4. Prime Contractor Waiver Form, if you will received no later than 2:00 p.m., on the second City business day
perform all subcontracting/supplier work: after the bid opening date, exclusive of the bird opening date.
5. Joint Venture Form, if goal is met or received no later than 2' 00 11 m_ or, the second City Us'Iness day
exceeded: after the bid opening_date, exclusive of the bid opening date.
FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE, WILL RESULT IN
THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS.
FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED
NON-RESPONSIVE.A SECOND FAILURE WILL RESULT IN THE OFFEROR BEING DISQUALIFIED FOR A
PERIOD OF ONE YEAR. THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICATION
PERIOD OF THREE YEARS.
Any questions, please contact the M/WBE Office at(817)212-2674.
ATTACHMENT IA
Page 1 of 4
FORT WORTH City of Fort Worth
Minority Business Enterprise
MBE Subcontractors/Suppliers Utilization Form
OFFEROR COMPANY NAME: Check applicable block to describe
Offeror
--PROJECT NAME; P`NV/DBEri NON-MM/DBE
Traffic Signal Preventative Maintenance Contract 1 BID DATE
City's MBE Project Goal: offeror's MBE Project Commitment: PROJECT NU'AI3ER
5 % Bio 10205
Identify all subcontractors/suppliers you will use on this project
Failure to complete this form, in its entirety with requested documentation, and received by the Purchasing
Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive of bid opening date,
will result in the bid being considered non-responsive to bid specifications.
The undersigned Offeror agrees to enter into a formal agreement v)ith the MBE firm(s) listed in this utilization
schedule, conditioned upon execution of a contract with the City of Foil 'A'orth- The intentional and/or knowing
misrepresentation of facts is grounds for consideration of dlsqual kation and will result in the bid being
considered non-responsive to bid specifications.
MBEs listed toward meeting the project goal must be located in the six (6) county marketplace at the time of
bid or the business has a Significant Business Presence in the Marketplace. Marketplace is the geographic
area of Tarrant, Dallas, Denton, Johnson, Parker, and Wise counties.
Prime contractors must identify by tier level of all subcontractors/suppliers. Tier. means the levet of
subcontracting below the prime contractor/consultant i.e. a direct payment from the prime contractor to a
subcontractor is considered 1s`tier, a payment by a subcontractor to its supplier is considered 2 tier. The prime
contractor is responsible to provide proof of payment of all tiered subcontractors identified as a MBE and.
counting those dollars towards meeting the contract committed goal.
ALL MBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD.
�. Certification means those firms, located within the Marketplace, that have been determined to be a bondafide minority
business enterprise by the North Central Texas Regional Certification Agency(NCTRCA) or other certifying agencies that
the City may deem appropriate and accepted by the City of Fort Worth.
If hauling services are utilized, the Offeror will be given credit as long as the MBE listed owns and
operates at least one fully licensed and operational truck to be used on the contract. The MBE may lease
trucks from another MBE firm, including MBE owner-operated, and receive full MBE credit. The MBE may
lease trucks from non-MBEs, including owner-operated, but will only receive credit for the fees and
commissions earned by the MBE as outlined in the lease agreement.
"� Rev.2/10/15
FORTWORTH ATTACHMENT 1A
Page 2 of 4
Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. MBE firms are to be
listed first,use additional sheets if necessary. Please note that only certified MBEs will be cour'" ' ^it an MBE goal.
NCTRCA N w
SUBCONTRACTORISUPPLIER °
Company Name T n Detail Detail
Address i Subcontracting Supplies
Telephone/Fax B B B Work Purchased Dollar Amount
Email E E
Contact Person E
Eli..
A
D ..
w
Jim
FORTWORTH ATTACHMENT 1A
Page 3 of 4
Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. MBE firms are to be
listed first, use additional sheets if necessary. Please note that only certified MBEs will be counted to meet an MBE goal.
NCTRCA N
SUBCONTRACTOR/SUPPLIER °
Company Name T n Detail Detail
Address i Subcontracting Supplies
M W Dollar Amount
Telephone/Fax e B B M Work Purchased
Email r E E B
Contact Person E
F-1 El
q
El
d
El
"." 1:1 El
E
Rev.2/10/15
FORT WORTH ATTACHMENT 1A +�
Page 4 of 4
Total Dollar Amount of MBE Subcontractors/Suppliers $
Aft
Total Dollar Amount of Non-MBE Subcontractors/Suppliers $
TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $
r.
The Offeror will not make additions, deletions, or substitutions to this certified list without the prior approval of the
Minority and Women Business Enterprise Office through the submittal of a Request for Approval o
Change/Addition form. Any unjustified change or deletion shall be a material breach of contract and may result ,
in debarment in accord with the procedures outlined in the ordinance. The Offeror shall submit a detailed
explanation of how the requested change/addition or deletion will affect the committed MBE goal. If the detail
explanation is not submitted, it will affect the final compliance determination.
By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request,
complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and
any special arrangements with MBEs. The Offeror also agrees to allow an audit and/or examination of any
books, records and files held by their company. The Offeror agrees to allow the transmission of interviews with
owners, principals, officers, employees and applicable subcontractors/suppliers participating on the contract that
will substantiate the actual work performed by the MBE(s) on this contract, by an authorized officer or employee
of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract
or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, .�
State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material
breach of the contract and may result in a determination of an irresponsible Offeror and debarment from
participating in City work for a period of time not less than one (1) year.
Authorized Signature Printed Signature
Title Contact Name/Title(if different)
Company Name Telephone and/or Fax
Address E-mail Address
City/State/Zip Date
r.
Rev.2/10/15
GC-6.07 Wage Rates
THIS PAGE LEFT INTENTIONALLY BLANK
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised July 1,2011
2013 PREVAILING WAGE RATES
(Heavy and Highway Construction Projects)
CLASSIFICATION DESCRIPTION Wage Rate
Asphalt Distributor Operator $ 15.32
Asphalt Paving Machine Operator $ 13.99
Asphalt Raker $ 12.69
Broom or Sweeper Operator $ 11.74
Concrete Finisher, Paving and Structures $ 14.12
Concrete Pavement Finishing Machine Operator $ 16.05
Concrete Saw Operator $ 14.48
Crane Operator, Hydraulic 80 tons or less $ 18.12
Crane Operator, Lattice Boom 80 Tons or Less $ 17.27
Crane Operator, Lattice Boom Over 80 Tons $ 20.52
Crawler Tractor Operator $ 14.07
Electrician $ 19.80
Excavator Operator,50,000 pounds or less $ 17.19
Excavator Operator,Over 50,000 pounds $ 16.99
Flagger $ 10.06
Form Builder/Setter,Structures $ 13.84
Form Setter,Paving&Curb $ 13.16
Foundation Drill Operator,Crawler Mounted $ 17.99
Foundation Drill Operator,Truck Mounted $ 21.07
Front End Loader Operator,3 CY or Less $ 13.69
Front End Loader Operator,Over 3 CY $ 14.72
Laborer,Common $ 10.72
Laborer,Utility $ 12.32
Loader/Backhoe Operator $ 15.18
Mechanic $ 17.68
Milling Machine Operator $ 14.32
® Motor Grader Operator, Fine Grade $ 17.19
Motor Grader Operator, Rough $ 16.02
Off Road Hauler $ 12.25
Pavement Marking Machine Operator $ 13.63
Pipelayer $ 13.24
Reclaimer/Pulverizer Operator $ 11.01
Reinforcing Steel Worker $ 16.18
Roller Operator,Asphalt $ 13.08
Roller Operator,Other $ 11.51
Scraper Operator $ 12.96
Servicer $ 14.58
Small Slipform Machine Operator $ 15.96
Spreader Box Operator $ 14.73
Truck Driver Lowboy-Float $ 16.24
Truck Driver Transit-Mix $ 14.14
.. Truck Driver,Single Axle $ 12.31
Truck Driver,Single or Tandem Axle Dump Truck $ 12.62
Truck Driver,Tandem Axle Tractor with Semi Trailer $ 12.86
Welder $ 14.84
Work Zone Barricade Servicer $ 11.68
The Davis-Bacon Act prevailing wage rates shown for Heavy and Highway construction projects were determined by
the United States Department of Labor and current as of September 2013. The titles and descriptions for the
classifications listed are detailed in the AGC of Texas'Standard Job Classifications and Descriptions for Highway,
Heavy,Utilities,and Industrial Construction in Texas.
.wr
Page 1 of 1
2013 PREVAILING WAGE RATES
(Commercial Construction Projects)
CLASSIFICATION DESCRIPTION Wage Rate
AC Mechanic $ 25.24
AC Mechanic Helper $ 13.67
Acoustical Ceiling Installer $ 16.83
Acoustical Ceiling Installer Helper $ 12.70
Bricklayer/Stone Mason $ 19.45
Bricklayer/Stone Mason Trainee $ 13.31
Bricklayer/Stone Mason Helper $ 10.91
Carpenter $ 17.75
Carpenter Helper $ 14.32
Concrete Cutter/Sawer $ 17.00
Concrete Cutter/Sawer Helper $ 11.00
Concrete Finisher $ 15.77
w
Concrete Finisher Helper $ 11.00
Concrete Form Builder $ 15.27
Concrete Form Builder Helper $ 11.00
Drywall Mechanic $ 15.36
Drywall Helper $ 12.54
Drywall Taper $ 15.00
.. Drywall Taper Helper $ 11.50
Electrician(Journeyman) $ 19.63
Electrician Apprentice(Helper) $ 15.64
Electronic Technician $ 20.00
Floor Layer $ 18.00
Floor Layer Helper $ 10.00
w.. Glazier $ 21.03
Glazier Helper $ 12.81
Insulator $ 16.59
Insulator Helper $ 11.21
Laborer Common $ 10.89
Laborer Skilled $ 14.15
Lather $ 12.99
Metal Building Assembler $ 16.00
Metal Building Assembler Helper $ 12.00
Metal Installer(Miscellaneous) $ 13.00
Metal Installer Helper(Miscellaneous) $ 11.00
rw
Metal Stud Framer $ 16.12
Metal Stud Framer Helper $ 12.54
Painter $ 16.44
Painter Helper $ 9.98
Pipefitter $ 21.22
Pipefitter Helper $ 15.39
Plasterer $ 16.17
Plasterer Helper $ 12.85
Plumber $ 21.98
Plumber Helper $ 15.85
Reinforcing Steel Setter $ 12.87
Page 1 of 2
Reinforcing Steel Setter Helper $ 11.08 Oft
Roofer $ 16.90
Roofer Helper $ 11.15
Sheet Metal Worker $ 16.35
00
Sheet Metal Worker Helper $ 13.11
Sprinkler System Installer $ 19.17
Sprinkler System Installer Helper $ 14.15
yew
Steel Worker Structural $ 17.00
Steel Worker Structural Helper $ 13.74
Waterproofer $ 15.00
Equipment Operators
Concrete Pump $ 18.50
Crane,Clamsheel, Backhoe, Derrick,D'Line Shovel $ 19.31
Forklift $ 16.45
Foundation Drill Operator $ 22.50
Front End Loader $ 16.97
Truck Driver $ 16.77
Welder $ 19.96
Welder Helper $ 13.00
The prevailing wage rates shown for Commercial construction projects were based on a salary survey conducted
and published by the North Texas Construction Industry(Fall 2012)Independently compiled by the Lane Gorman
Trubitt,PLLC Construction Group. The descriptions for the classifications listed are provided on the TEXO's(The ,
Construction Association)website. www.texoassociation.org/Chapter/wagerates.asp
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Oft
was
A
Page 2 of 2
Modified City of Fort Worth Specifications
THIS PAGE LEFT INTENTIONALLY BLANK
4
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised July 1,2011
��i
3441 13-1
REMOVING TRAFFIC SIGNALS
Page I of 4
1 SECTION 34 4113
2 REMOVING TRAFFIC SIGNALS
3 PART1- GENERAL
4 1.1 SUMMARY
W 5 A. Section Includes:
6 1. The removal and salvaging of traffic signal equipment
No 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. Dispose of Full Traffic Signal
15 a. Measurement
16 1) Measurement for this Item shall be per each Traffic Signal Intersection
17 removed and salvaged.
18 b. Payment
19 1) The work performed and the materials furnished in accordance with this
20 Item shall be paid for at the price bid for per each"Salvage Traffic Signal"
21 performed.
22 c. The price bid shall include:
23 1) Removing the following items:
«M 24 a) Signal heads
25 b) Poles
26 c) Mast arms
27 d) Foundations
28 e) Ground boxes
29 f) Conduit
30 g) Cable
31 h) Signs
32 i) Electrical services
33 j) Amplifiers
" 34 k) Controllers
35 2) Returning equipment to the City, if specified
36 3) Excavation
37 4) Hauling
38 5) Clean-up
39 2. Dispose of Traffic Signal Pole and Mast Arm Assembly
40 a. Measurement
41 1) Measurement for this Item shall be per each traffic signal pole and mast
42 arm assembly removed and salvaged.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20,2012
afq
3441 13-2
REMOVING TRAFFIC SIGNALS
Page 2 of 4
Oft
1 b. Payment
2 1) The work performed and the materials furnished in accordance with this
3 Item shall be paid for at the price bid for per each"Dispose of Traffic am
4 Signal Pole and Mast Arm Assmbly"performed.
5 c. The price bid shall include:
6 1) Removing the following items: w
7 a) Signal heads
8 b) Poles
9 c) Mast arms
10 d) Foundations 00
11 e) Cable
12 f) Signs
13 2) Excavation Oft
14 3) Hauling
15 4) Clean-up
16 5) Returning equipment to the City, if specified we
17 1.3 ADMINISTRATIVE REQUIREMENTS
18 A. Coordination •■
19 1. Coordination will be made with the City of Fort Worth Signal Shop two working
20 days prior to removal to allow City to inspect salvaged materials to determine what
21 material should be dropped off to a City facility. The point of contact for this ON
22 action is Cedric Dorsey at 817-319-7895 or Lee Soria at 682-715-8620.
23
24 1.4 DELIVERY,STORAGE,AND HANDLING
25 A. Delivery and Acceptance Requirements
26 1. The Contractor is responsible to dispose of all material and equipment deemed
27 unsalvageable by the City of Fort Worth,and shall dispose of them in accordance
28 with local, state and federal laws as applicable.Material and equipment deemed
29 salvageable by the City of Fort Worth will be delivered to either of the following 00
30 city facilities as directed.
31 a. Yuma Yard: 3299 Yuma Street,Fort Worth, TX 76104
32 b. City of Fort Worth Signal Shop: 5001 James Avenue,Fort Worth, TX 76115 r■
33 2. Contractor shall properly dispose of all material unless told otherwise by the
34 Engineer or Inspector.
35 3. Any salvaged materials that the City requests will be delivered by the Contractor to
36 the City at a location designated by the Inspector.
37 4. The Inspector,assisted by authorized representatives,will serve as the receiving
38 agent for salvage material.
39 B. Storage and Handling Requirements
40 1. The Contractor will ship and handle all salvage material(heads,poles, cabinets,
41 cable, signs,amplifiers,etc.) in a manner so as to prevent damage to these items.
42 Signal heads will be removed from poles prior to shipping.
43 2. All cables must be secured in controller cabinets to prevent damage during
44 shipment and handling.
r.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20,2012
rr
3441 13-3
REMOVING TRAFFIC SIGNALS
Page 3 of 4
1 3. All screws will be tightened into their respective slots to prevent loss during
2 shipping.
3 4. The controller and all supplemental control equipment(conflict monitors,detector
4 amplifiers, load switches,etc.)will be removed from the cabinet prior to cabinet
5 removal and given to the Inspector at the time of the signal turn-on.
6 5. The Inspector will identify existing damage to salvageable material and mark
7 damaged items in the field before they are delivered to the City yard.
8 a. If damage to material is the fault of the Contractor,the Contractor will have 3
9 Working Days to make repairs or supply like items,at the Contractor's
10 expense, for damaged items.
11 b. If the Contractor fails to repair or replace damaged items in said time,the City
•, 12 may charge the Contractor for the assessed value as determined by the Traffic
13 Services Manager or designee.
.■ 14 PART 2- EXECUTION
15 2.1 REMOVALS
A 16 A. Special Techniques
17 1. Curbs and sidewalks
18 a. Secure permission from the Inspector before cutting into or removing any
19 walks or curbs which might be required during construction.
20 b. Where possible,dig under sidewalks.
21 1) If the Contractor chooses to remove or cut the sidewalk,the concrete must
22 be sawed and broken out and then restored to an equal or better condition
23 than the original.
24 2. Foundations
25 a. All foundations subject to removal(as indicated on the Drawings)shall be
26 razed to a level at least 2 feet below the ground surface.
27 b. If the foundation subject to removal is located within a sidewalk,the foundation
28 shall be removed to a depth equal to or greater than the thickness of the
29 walkway.
30 c. Once the foundation is removed,the ground surface shall be restored to
+,. 31 surrounding conditions.
32 3. Ground Boxes
33 a. The hole remaining from ground box removal shall be filled and the ground
+� 34 surface shall be restored to surrounding conditions.
35 b. Any conduit elbows found within the ground box to be removed shall be cut back
36 to a minimum of 12 inches below the natural ground surface.
+� 37 4. Signs
38 a. The existing stop sign panels, or any grounded mounted signs, as shown on the
39 Drawings,will be removed after the traffic signals are placed in flash and
w 40 before the signal is turned to full colors by City forces.
41 END OF SECTION
w Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
rrr Revised December 20,2012
3441 13-4
REMOVING TRAFFIC SIGNALS
Page 4 of 4
rr
11/19/15 S.Arnold Various updates
1
A.
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a
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20,2012
r.
3471 13-1
TRAFFIC CONTROL
Page 1 of 4
1 SECTION 34 7113
Am 2 TRAFFIC CONTROL
3 PARTI - GENERAL
4 1.1 SUMMARY
+� 5 A. Section Includes:
6 1. Installation of Traffic Control Devices and preparation of Traffic Control Plans
7 B. Deviations from this City of Fort Worth Standard Specification
8 1. None.
9 C. Related Specification Sections include,but are not necessarily limited to:
"! 10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract
11 2. Division 1 —General Requirements
12 1.2 PRICE AND PAYMENT PROCEDURES
13 A. Measurement and Payment
14 1. Installation of Traffic Control Devices
15 a. Measurement
16 1) This Item is considered subsidiary to the various Items bid.
17 b. Payment
18 1) The work performed and materials furnished in accordance with this Item
19 are subsidiary to the various Items bid and no other compensation will be
20 allowed.
+■ 21 c. Installation of Traffic Control Devices shall include:
22 1) Traffic Control implementation
23 2) Installation
A 24 3) Maintenance
25 4) Adjustments
26 5) Replacements
27 6) Removal
28 7) Police assistance during peak hours
29 8) Adherence to City and Texas Manual on Uniform Traffic Control Devices
30 (TMUTCD)
31 1.3 REFERENCES
32 A. Reference Standards
33 1. Reference standards cited in this Specification refer to the current reference
34 standard published at the time of the latest revision date logged at the end of this
o► 35 Specification,unless a date is specifically cited.
36 2. Texas Manual on Uniform Traffic Control Devices(TMUTCD).
37 3. Item 502,Barricades, Signs,and Traffic Handling of the Texas Department of
,.s 38 Transportation, Standard Specifications for Construction and Maintenance of
39 Highways, Streets, and Bridges.
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised December 19,2016
00
3471 13-2
TRAFFIC CONTROL
Page 2 of 4
r
1 1.4 ADMINISTRATIVE REQUIREMENTS
2 A. Coordination .6
3 1. Contact Traffic Management Division(817-392-7738)a minimum of 48 hours
4 prior to implementing Traffic Control within 500 feet of a traffic signal.
5 B. Sequencing ON
6 1. Any deviations to the Traffic Control Plan included in the Drawings must be first
7 approved by the City and design Engineer before implementation.
8 1.5 SUBMITTALS
9 A. Provide the City with a current list of qualified flaggers before beginning flagging
10 activities. Use only flaggers on the qualified list.
11 B. Obtain a Street Use Permit from the Street Management Section of the Traffic
12 Engineering Division, 1000 Throckmorton Street. The Traffic Control Plan(TCP)for
13 the Project shall be as detailed on the Traffic Control Plan Detail sheets of the Drawing
14 set. A copy of this Traffic Control Plan shall be submitted with the Street Use Permit.
15 C. Traffic Control Plans shall be signed and sealed by a licensed Texas Professional
w.
16 Engineer.
17 D. Contractor shall prepare Traffic Control Plans if required by the Drawings or
18 Specifications. The Contractor will be responsible for having a licensed Texas
19 Professional Engineer sign and seal the Traffic Control Plan sheets.
20 E. Lane closures 24 hours or longer shall require a site-specific traffic control plan.
21 F. Contractor responsible for having a licensed Texas Professional Engineer sign and seal
22 changes to the Traffic Control Plan(s)developed by the Design Engineer.
23 G. Design Engineer will furnish standard details for Traffic Control. ..
24 PART 2 - PRODUCTS
25 2.1 ASSEMBLIES AND MATERIALS
26 A. Description w.
27 1. Regulatory Requirements
28 a. Provide Traffic Control Devices that conform to details shown on the
29 Drawings,the TMUTCD, and TxDOT's Compliant Work Zone Traffic Control ..
30 Device List(CWZTCDL).
31 2. Materials
32 a. Traffic Control Devices must meet all reflectivity requirements included in the
33 TMUTCD and TxDOT Specifications—Item 502 always during construction.
34 b. Electronic message boards shall be provided in accordance with the TMUTCD.
35 PART 3- EXECUTION
36 3.1 PREPARATION
37 A. Protection of In-Place Conditions
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract I
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised December 19,2016 on
3471 13-3
TRAFFIC CONTROL
Page 3 of 4
1 1. Protect existing traffic signal equipment.
2 3.2 INSTALLATION
3 A. Follow the Traffic Control Plan(TCP)and install Traffic Control Devices as shown on
4 the Drawings and as directed.
" 5 B. Install Traffic Control Devices straight and plumb.
6 C. Do not make changes to the location of any device or implement any other changes to
7 the Traffic Control Plan without the approval of the Engineer.
8 1. Minor adjustments to meet field constructability and visibility are allowed.
9 D. Maintain Traffic Control Devices by taking corrective action as soon as possible.
10 1. Corrective action includes but is not limited to cleaning,replacing, straightening,
11 covering,or removing Devices.
12 2. Maintain the Devices such that they are properly positioned, spaced,and legible,
.� 13 and that retroreflective characteristics meet requirements during darkness and rain.
14 E. If the Inspector discovers that the Contractor has failed to comply with applicable federal
15 and state laws(by failing to furnish the necessary flagmen,warning devices,barricades,
16 lights,signs,or other precautionary measures for the protection of persons or property),the
17 Inspector may order such additional precautionary measures be taken to protect persons
06 18 and property.
19 F. Subject to the approval of the Inspector,portions of this Project,which are not affected by
20 or in conflict with the proposed method of handling traffic or utility adjustments,can be
21 constructed during any phase.
22 G. Barricades and signs shall be placed in such a manner as to not interfere with the sight
23 distance of drivers entering the highway from driveways or side streets.
24 H. To facilitate shifting,barricades and signs used in lane closures or traffic staging may
25 be erected and mounted on portable supports.
26 1. The support design is subject to the approval of the Engineer.
27 1. Lane closures shall be in accordance with the approved Traffic Control Plans.
28 J. If at any time the existing traffic signals become inoperable because of construction
29 operations,the Contractor shall provide portable stop signs with 2 orange flags,as
30 approved by the Engineer,to be used for Traffic Control.
.. 31 K. Contractor shall make arrangements for police assistance to direct traffic if traffic signal
32 turn-ons,street light pole installation,or other construction will be done during peak traffic
33 times(AM: 7 am—9 am,PM: 4 pm-6 pm).
34 L. Flaggers
35 1. Provide a Contractor representative who has been certified as a flagging instructor
36 through courses offered by the Texas Engineering Extension Service,the American
37 Traffic Safety Services Association,the National Safety Council,or other approved
38 organizations.
39 a. Provide the certificate indicating course completion when requested.
A 40 b. This representative is responsible for training and assuring that all flaggers are
41 qualified to perform flagging duties.
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised December 19,2016
r
347113-4
TRAFFIC CONTROL
Page 4 of 4
Oft
1 2. A qualified flagger must be independently certified by 1 of the organizations listed
2 above or trained by the Contractor's certified flagging instructor.
3 3. Flaggers must be courteous and able to effectively communicate with the public. Ob
4 4. When directing traffic,flaggers must use standard attire,flags, signs,and signals
5 and follow the flagging procedures set forth in the TMUTCD.
6 5. Provide and maintain flaggers at such points and for such periods of time as may be
7 required to provide for the safety and convenience of public travel and Contractor's
8 personnel,and as shown on the Drawings or as directed by the Engineer.
9 a. These flaggers shall be located at each end of the lane closure.
10 M. Removal
11 1. Upon completion of Work,remove from the Site all barricades, signs,cones, lights
12 and other Traffic Control Devices used for work-zone traffic handling in a timely
13 manner,unless otherwise shown on the Drawings.
14 3.3 END OF SECTION .rw
15
16
Revision Log
DATE NAME SUMMARY OF CHANGE
11/22/13 S.Arnold Added police assistance,requirement for when a site-specific TCP is required
6/22/2016 S.Arnold Added TCP Det .r Routes
12/19/2016 S.Arnold Traffic control change to be subsidiary to the project for traffic signal preventative
maintenance contract
17
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised December 19,2016
Anticipated Project Locations
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ma
CITY OF FORT WORTH Traffic Signal Preventative Maintenance Contract 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#10205
Revised July 1,2011
+w.
M
Anticipated Project Locations
■, US 287 and MillerMilbarger
• SH 183 and Altamere/Calmont
• SH 183 and Overhill
IH-20 and Hemphill
• IH-30 and Hulen
• IH-30 and Las Vegas
• IH-30 and Montgomery
• IH-30 and Summit
IH-35W and Rosedale
• SH 121 and Beach
Ow
No