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Home My WebLink AboutContract 49695 CITY SECRETARlr, f� tr0._ FORTWORTH CONTRACT PROJECT MANUAL FOR THE CONSTRUCTION OF VILLAGE CREEK SANITARY SEWER REHABILITATION PART A City Project No. 100275 Betsy Price David Cooke Mayor City Manager Kara L. Shuror Water Director OFFICIAL RECORD Prepared for CITY SECRETARY The City of Fort Worth FT.WORTH, TX Water Department Sewer Project No. 59607-0700430-100275-1780 X-24029 July 2017 C tk 00, ofED xp017 ORri ................................ �y ^RYSECRETAF CRAIG K.BARNES 86193 SZ!CE NSE '1 s�oNAi:'�N�pG.! Shield Engineering Group 044 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofi Complete Nos,l-4 and 6 it there are interested parties. OFFICE USE ONLY Complete Nos.1.2.3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-249758 PM Construction&Rehab,LLC Pasadena,TX United States Date Filed: Name of governmental entity or state agency that Is a party tot the contract for which the form is 08/15/2017 being filed. Gly of Fort Worth Date Acknowledged.- 3 cknowledged:3 Provide the Identification number used by the governmental entity or state agency to track or Identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 100275 Village Creek Sanitary Sewer Rehabilitation Part A 4 Nature of Interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Wilkes,Wendy The Woodlands,TX United States X Gibson,Wade Pasadena,TX United States X Abels.Christian Houston,TX United States X Ong,Bac Pasadena,TX United States X McCrae,Robert The Woodlands,TX United States X Steinberg,Robert The Woodlands,TX United States X Inland Pipe Rehabilitation,LLC The Woodlands,TX United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear,or affirm,undernal pe b of perjury,that the above disclosure is true and correct `��\111111111111y/j� N..'S.M�'''% �ti`�•Q Pw pie<�O�y Signature of authorized agent of contracting business entity AFFIX NOTA$Y S�'A9gP! EA 01E • �rF�pOr fb Sworn to and sit iH1; �b�eTol��4)yp eta said Bac Ong this the 15� day of August 2t] 17 to certI, &*Phi ffiob3�my hand and seal of office. "Z-�. VAOt�vlp,S- L a Signature of officer dministering oath Printed name of officer administering oath Title of officer a nistering oath Forms provided by Texas Ethics Commission www.ethics.stateAx.us Version V1.0.883 FORT WORTH,., City of Fort Worth Standard Construction Specification Documents Adopted September 2011 000000-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 5 SECTION 00 00 00 TABLE OF CONTENTS Division 00-General Conditions 00 05 10 Mayor and Council Communication 0005 15 Addenda 0011 13 Invitation to Bidders 0021 13 Instructions to Bidders 00 35 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 0045 11 Bidders Prequalifications 0045 12 Prequalification Statement 0045 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers'Compensation Law 00 45 40 Minority Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01 -General Requirements 01 1100 Summary of Work 01 33 00 Submittals 0135 13 Special Project Procedures 01 60 00 Product Requirements Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 01 -General Requirements 01 71 23 Construction Staking and Survey Division 02-Existing Conditions 0241 14 Utility Removal/Abandonment Division 33-Utilities 3305 13 Frame,Cover,and Grade Rings 33 31 01 Geopolymer Liner System for Sanitary Sewer Pipelines 3331 12 Cured in Place Pipe(CIDP) 33 39 60 Liner Systems for Sanitary Sewer Structures CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100275 Revised February 2,2016 000000-3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 5 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: htps://t)roiecti)oint.buzz,saNN.com/client/fortworthizov/Resources/02%20- %20Construction%20Docunieiits/Specifications Division 02-Existing Conditions 0241 13 Seleettve SiteDemelitien 0241 15 Paving Removal Division 03—Concrete 03 30 00 Cast-In-Place Concrete 0334 13 neatFelled Lew&Fe� th Mate-:el (rr SM) 03 80 00 Modifications to Existing Concrete Structures Division 26 Eleetr-ieal 26 05 00 Cemmen\Ile-1,Results c-EleetFieal 2.6 10 r AMAl:a:e«Fe-.9188 -:vel 9.48te ffiS 226-03 33 Raeo.elys and 90-NOS fer-ltileet f eal Systems i160-34 3 i ffd8F..-e,,.,.1 PHOtS a«.1 D eveWa)'..FO--L'lees-:vel 8.'Ste ffiS Division 31—Earthwork 31 1000 Site Clearing 3413 46 Uelassi`iec1-Exeewafien 3i 23 23 Beffew 342100 L'...l.e..kmeat 3433 00 Er-esien afid Sediment Cenumr 313600 r_.b eas M 37 00 Ripr-sp Division 32-Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 3201 18 Temporary Asphalt Paving Repair 32 01 29 Concrete Paving Repair 3� 11 33 lrle.,:l.le RAse f'e..-..eS 11 ;10 T ifflA T-voted Base f'e......e.. 3;1 1 133 CemeMt3r-emed ses 32 ii 37 Liquid T-fee4ed Seil Stabilizff 32 1216 Asphalt Paving 32 1320 Concrete Sidewalks,Driveways and Barrier Free Ramps coffer-ete paving jeifit Sealants 32 1613 Concrete Curb and Gutters and Valley Gutters CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100275 Revised February 2,2016 000000-4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 5 32 17 23 Pavement Markings Curb Address Painting 32 3413 Clain ne«ee^ e«a Goes 3Q 31 26 wore Fenees and Gates 3J 231i29 Wood Fe«ee „.1 Gates 32 32 i3 rest;n Uleee re«eFe.e Retaining Il aI 3z?s33�3 Trees e,�Shmb; Division 33—Utilities 33 01 30 Sewer and Manhole Testing 33 01 31 Closed Circuit Television(CCTV)Inspection 3303 10 Bypass Pumping of Existing Sewer Systems 3304 10 jeint Beading and Eleet6eal iselatieit 3304 li-1 1 C;8ff88i0fi CARWel T-A.4 S s iAM 33 04 40 Cleaning and A eee«se«,...Te..ti«.,eF II7eae..AAe;«.. 33 04 50 Cleaning of Sewer Mains 3305 10 Utility Trench Excavation,Embedment,and Backfill :0 05 1 a, Iatef Line beweFifig 3305 14 Adjusting Manholes,Inlets,Valve Boxes,and Other Structures to Grade 33-05-16 —Eeftefe" Water-Vaults 3305 17 Concrete Collars 33 05 ;z1 Tuftfiel binef Plate X4 05—= Steel G^^;«,, Ripe 33-05 �3 Han T- el: 33 95 ;1.4 fastallea;e« of C;ai...@FPi«e in Casinger-T.,««el—lififf- 14ste 33 05 26 Utility Markers/Locators 33 05 30 Location of Existing Utilities 33 I 1 05 Betts,,Nots 3 3 11 1-0- Doetile Wo Pipe 333 i I 233 Ceaer tePr-vasum Pipe,Bar- IIF opped, Steel/'orode..Pype l4twied Steel Pipe ead Fitt' 33 1 10 A44er 8w-,iees 1 iReh to 2 ifleh 33 12 25 Resilient Seated mate Valve X1 Q �] VAVA Robber- Seated Bu eFfly V lw 33]�3A— re..Mamie« A;_Valve Assemblies fer-netab a Wete..Systems 33 1240 Fire HydFaffts 3331 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100275 Revised February 2,2016 000000-5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 5 33 14gh pefigit ,peb.ea ,le-e(NDPE)Pipe Fr.C..-;ae Sewer. 33 31 20 Polyvinyl Chloride(PVC)Gravity Sanitary Sewer Pipe 333i 2i Del.,yi ffl Q e.-;ae(nvr)Closed u..eale Gr ity SanitaFy Sewer-Pipe 33 34 2a, gaffi4afy ceweF clip Liffing 33 31 13 C..-:se.t, Sewer-Pipe 9-larte.,,e-t 33 31 50 Sanitary Sewer Service Connections and Service Line 33 34 7o rei ffbif e- n;_valve for-ramie...,cewe_>re..ee r,re:- 33 39 10 Cast-in-Place Concrete Manholes 33 39 20 Precast Concrete Manholes 33 39 30 Fiberglass Manholes `:.'•ft- WF Ghambef moo) 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 33 41 11 1-fig. De-..:s-.Deb vdityle-e(HDPE)Pipe ref:Ste..... Dr-a:- 33 44 17 De:-F feed De1.,ethle-e(SRPE)Pipe 3311 88 subdFeifiage 33 4601 91F-140d -RWIMI 1Fe:-.. Z2�= T-Fe-el.ll....:-.. 33 49 10 Cast-in-Place Manholes and Junction Boxes Division 34-Transportation 34 41 10 m..va:e sign.. 34 41 10.01 t4 ehme-. n remfelle..f'abine. 34 41 10.A3 navel.-,e-t r cefhya.e Spee;r;ea e- 34 41 11 Temporary Traffic Signals 34 41 1 neae.tfia- u.,t,..:a Signal 34 41 20 Roadway Illumination Assemblies 34 4120.02 F+e ,LED Dead >1. e 34 4120.03 Residential LED De..away 6minsims 34 41 30 Aluminum Signs 3471 13 Traffic Control Appendix TWDB-0550 Supplemental Contract Conditions and Instructions GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates 01 71 23.01 Survey Staking Standards END OF SECTION CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100275 Revised February 2,2016 Division 00 GENERAL CONDITIONS City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/12/2017 - Ordinance No. 22867-09-2017 DATE: Tuesday, September 12, 2017 REFERENCE NO.: **C-28372 LOG NAME: 60VCSSPA-PMCONST SUBJECT: Authorize Execution of a Contract with PM Construction & Rehab, L.P., in the Amount of$1,972,811.00 for Village Creek Sanitary Sewer Rehabilitation Improvements Part A on S. Cravens Road from Dowdell Road to Whittlesey Road and Adopt Appropriation Ordinance (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$269,689.00 from available funds; and 2. Authorize the execution of a contract with PM Construction & Rehab in the amount of$1,972,811.00 for Village Creek Sanitary Sewer Rehabilitation Improvements Part A (City Project No. 100275). DISCUSSION: This project provides for trenchless pipe rehabilitation via cured in place pipe method to rehabilitate an existing deteriorated sanitary sewer main located within the Village Creek Basin on S. Cravens Road from Dowdell Road to Whittlesey Road. This project was advertised for bids on June 15, 2017 and June 22, 2017 in the Fort Worth Star-Telegram. On July 13, 2017 the following bids were received: Bidder Amount Time of Completion PM Construction & Rehab , L. P. $1,972,811 .00 320 Calendar Days Insituform Technology, LLC $2,192,235.00 Layne Inliner, LLC $2,615,075.00 In addition to the contract cost, $171,000.00 is required for project management, material testing and inspection and $98,189.00 is provided for project contingency. Construction is anticipated to commence in November 2017 and be completed by October 2018. The overall project budget is estimated to be $2,632,500.00. This project is part of the Water Department's Sanitary Sewer Overflow Initiative Program. This project will have no impact on the Water Department's Operating Budget when complete. M/WBE OFFICE —A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the M/WBE Office, in accordance with the M/WBE or BDE Ordinance, because the purchase of goods or services from source(s) where subcontracting or supplier opportunities Logname: 60VCSSPA-PMCONST Page 1 of 2 are negligible. The project is located in COUNCIL DISTRICT 5. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Water Capital Projects Fund and the Water & Sewer Bond 2017 Fund. The Fiscal Year 2017 Water Operating Fund budget includes appropriations of $31,636,073.00 for the purpose of providing Pay-As-You-Go funding for Sewer Capital projects. After this transfer for Fiscal Year 2017, the balance will be $315,532.00. The Programmable Project P00100- Clean Water State Revolving Series 2017 has $16,991,157.00 for Clean Water Related Projects. After the funding of this M&C, the amount of$14,305,940.00 of the original appropriation will be available to fund future individual projects. Funding for the Village Creek Sanitary Sewer Rehabilitation Improvements Part A Project are depicted in the table below: Existing F—A FUND App opria ons ppdropr at ons Project Total l —[ Water Capital Projects Fund $390,000.00 $269,689.00 $659,689.00 56002 Water & Sewer Bond 2017 Fund $1,972,811.00 $0.00 $1,972,811.00 56013 F Project Total $2,362,811.00 1 $269,669.00 $2,632,500.00 FUND IDENTIFIERS (FIDS): TO _ Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year (Chartfield 2) FROM Fund; Department ccoun Project JProgram ctivity Budget Reference # moun j ID ID Year (ChartField 2) � CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Kara Shuror (8819) Additional Information Contact: Robert Sauceda (2387) ATTACHMENTS 1. 60VCCSSPA PMCONST Waiver.pdf (CFW Internal) 2. 60VCSSPA PMCONST 1295 Form.pdf (Public) 3. 60VCSSPA PMCONST FID Table.pd (CFW Internal) 4. 60VCSSPA PMCONST MAP.pdf (Public) 5. 60VCSSPA-PMCONST 60 AO 17r.docx (Public) 6. Journal 0000130906 56013.MHT (CFW Internal) 7, SAM PM Construction Rehab LP.pdf (CFW Internal) Logname: 60VCSSPA-PMCONST Page 2 of 2 0005 10-1 MAYOR AND COUNCIL COMMUNICATION(M&C) Page 1 of 1 1 SECTION 00 05 10 2 MAYOR AND COUNCIL COMMUNICATION(M&C) 3 4 5 6 [Assembler: For Contract Document execution, remove this page and replace with the approved 7 M&C for the award of the project. M&C insert shall be on blue paper.] 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION CITY OF FORT WORTH VII,LAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised July 1,2011 City of Fort Worth, Texas Water Department Transportation & Public Works Department ADDENDUM No. 1 To the Specifications and Contract Documents For Village Creek Sanitary Sewer Rehabilitation Part A City Project No. 100275 Addendum No. 1 — Issue Date: June 21, 2017 Bid Receipt Date: July 6, 2017 This Addendum No. 1 forms part of the contract documents referenced above and modifies the original Contract Documents and Plans. Acknowledge receipt of this addendum by signing in the space provided below, attaching it to the Contract Documents (inside) and note receipt of the Addendum on the outer envelope of your bid. Prospective Bidders are hereby notified of the following: The Plans and Specification Documents for the above referenced project are hereby revised and amended as follows: 1 Section 00 11 13 "Invitation to Bidders": Modify date of Prebid Conference. was Thursday, June 29th, 2017 revision Wednesday, June 28th, 2017 2. Section 33 05 13 "Frame, Cover,; And Grade Rings": Replace existing specification with attached updated specification. Note: • All Addendum No. 1 items are available on Buzzsaw, replace original forms listed herein with Addendum No 1 forms and insertions. All other provisions of the plans, specifications and contract documents for the project which are not expressly amended herein shall remain in full force and effect. The Contractor shall acknowledge receipt of this Addendum (1) in the space provided below, (2) in the proposal and (3) acknowledge receipt on the outer envelope of your bid in upper case letters "RECEIVED &ACKNOWLEDGED ADDENDUM NO. 1". Failure to return a signed copy of the addendum with the Proposal shall be grounds for rendering the bid non-responsive. A signed copy of this addendum shall be placed into the Proposal at the time of submittal. RECEIPT ACKNOWLEDGED: WATER DEPARTMENT By: By: Title: Robert Sauceda, P.E., Senior Professional Engineer ADDENDUM NO. 1 June 21,2017 330513-1 FRAME,COVER AND GRADE RINGS Page 1 of 6 1 SECTION 33 05 13 2 FRAME,COVER,AND GRADE RINGS 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Frame,cover and grade rings used as access ports into water,sanitary sewer and 7 storm drain structures such manholes or vaults 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 12 Contract 13 2. Division 1 —General Requirements 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Measurement 17 a. This Item is considered subsidiary to the structure containing the frame,cover 18 and grade rings. 19 2. Payment 20 a. The work performed and the materials furnished in accordance with this Item 21 are subsidiary to the unit price bid per each structure complete in place,and no 22 other compensation will be allowed. 23 1.3 REFERENCES 24 A. Reference Standards 25 1. Reference standards cited in this Specification refer to the current reference 26 standard published at the time of the latest revision date logged at the end of this 27 Specification,unless a date is specifically cited. 28 2. ASTM International(ASTM) 29 a. ASTM A48 --Standard Specification for Gray Iron Castings 30 b. ASTM A536-Standard Specification for Ductile Iron Castings 31 c. ASTM C478-Specification for Precast Reinforced Concrete Manhole Sections 32 d. ASTM D1248—Standard Specification for Polyethylene Plastic Molding and 33 Extrusion Materials 34 e. ASTM D790—Standard Test Methods for Flexural Properties of Unreinforced 35 and Reinforce Plastics and Electrical Insulating Materials 36 f. ASTM D256— Standard Test Methods for Determining the Izod Pendulum 37 Impact Resistance of Plastics 38 g. ASTM G154-Standard Practice for Operating Fluorescent Light Apparatus for 39 UV Exposure of Nonmetallic Materials 40 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised January 22,2016 3305 13-2 FRAME,COVER,AND GRADE RINGS Page 2 of 6 1 3. American Association of State Highways and Transportation Officials(AASHTO) 2 a. AASHTO M306—Standard Specification for Drainage, Sewer,Utility and 3 Related Castings 4 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 5 1.5 SUBMITTALS 6 A. Submittals shall be in accordance with Section 0133 00. 7 B. All submittals shall be approved by the Engineer or the City prior to delivery and/or 8 fabrication for specials. 9 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 10 A. Product Data 11 1. All castings shall be cast with: 12 a. Approved manufacturer's name 13 b. Part number 14 c. Country of origin 15 2. Provide manufacturer's: 16 a. Specifications 17 b. Load tables 18 c. Dimension diagrams 19 d. Anchor details 20 e. Installation instructions 21 B. Certificates 22 1. Manufacturer shall certify that all castings conform to the ASTM and AASHTO 23 designations. 24 1.7 CLOSEOUT SUBMITTALS [NOT USED] 25 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 26 1.9 QUALITY ASSURANCE [NOT USED] 27 1.10 DELIVERY,STORAGE,AND HANDLING[NOT USED] 28 1.11 FIELD [SITE] CONDITIONS [NOT USED] 29 1.12 WARRANTY [NOT USED] 30 PART 2- PRODUCTS 31 2.1 OWNER-FURNISHED [oR] OWNER-SUPPLIED PRODUCTS [NOT USED] 32 2.2 EQUIPMENT,PRODUCT TYPES,MATERIALS 33 A. Manufacturers 34 1. Only the manufacturers as listed on the City's Standard Products List will be 35 considered as shown in Section 0160 00. 36 a. The manufacturer must comply with this Specification and related Sections. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised January 22,2016 3305 13-3 FRAME,COVER AND GRADE RINGS Page 3 of 6 1 2. Any product that is not listed on the Standard Products List is considered a 2 substitution and shall be submitted in accordance with Section 0125 00. 3 4 B. Castings 5 1. Use castings for frames that conform to ASTM A48,Class 3513,ASTM D1248,or 6 better. 7 2. Use castings for covers that conform to ASTM A536,Grade 65-45-12,ASTM 8 D790,retaining at least 75%of control values,or better. 9 3. Use clean casting capable of withstanding application of AASHTO HS-20 vehicle 10 loading with permanent deformation. 11 4. Specimens of composite covers shall be tested for ultimate flexural strength, 12 retaining at least 75%of control values for load and deflection at failure after 13 conditioning specimens according to ASTM G154 Cycle 1 for 1000hrs. 14 5. Covers 15 a. Size to set flush with the frame with no larger than a 1/8 inch gap between the 16 frame and cover 17 b. Provide with minimum 1.5 inch wide pick slots in lieu of pick holes. 18 c. Provide gasket in frame and cover. 19 d. Standard Dimensions 20 1) Sanitary Sewer 21 a) Provide a clear opening of 30 inches for all sanitary sewer frames and 22 cover assemblies unless otherwise specified in the Contract Documents. 23 b) Composite frame walls at street level of at least 7/8 inch thickness 24 where vehicles may pass. 25 2) Storm Drain 26 a) Provide a clear opening of 22 1/2 inches for all storm drain frames, 27 inlets and cover assemblies unless otherwise specified in the Contract 28 Documents. 29 b) Provide a minimum clear opening of 30 inches for all storm sewer 30 manholes and junction structures. 31 c) Composite frame walls at street level of at least 7/8 inch thickness 32 where vehicles may pass. 33 e. Standard Labels 34 1) Water 35 a) Cast lid with the word"WATER"in at least 1.25 inch letters across the 36 lid. 37 2) Sanitary Sewer 38 a) Cast lid with the word"SANITARY SEWER"in at least 1.25 inch 39 letters across the lid. 40 3) Storm Drain 41 a) Cast lid with the word"STORM DRAIN"in at least 1.25 inch letters 42 across the lid. 43 4) Country of Origin 44 a) Cover with the country of origin molded or casted into the top visible 45 area of the cover: "Made In..." 46 5) Manufacturing Traceability 47 a) Name or abbreviation of manufacturer molded or casted into the cover 48 and frame CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised January 22,2016 330513-4 FRAME,COVER AND GRADE RINGS Page 4 of 6 1 b) Manufacturing date molded or casted into the cover and frame. 2 f. Hinge Covers 3 1) Provide water tight gasket on all hinged covers. 4 2) Water 5 a) Provide hinged covers for all water structures. 6 3) Sanitary Sewer 7 a) Provide hinged covers for all manholes or structures constructed over 8 24-inch sewer lines and larger and for manholes where rim elevations 9 are greater than 12 inches above the surface. 10 g. Locking or Bolting Systems 11 1) Materials 12 a) All constituents of locking systems must be made of non-corrosive 13 materials: Austenite-316 Stainless or a high strength polymer grade. 14 C. Grade Rings 15 1. Provide grade rings in sizes from 1/4-inch up to 4-inch. 16 2. Slope adjustment grade rings to be used when required. 17 3. Grade rings to be recycled HDPE. 18 D. Joint Sealant 19 1. Provide an approved butyl rubber sealant in an extrudable or flat tape form. 20 2. Provide sealant that is not dependant on a chemical action for its adhesive 21 properties or cohesive strength. 22 2.3 ACCESSORIES [NOT USED] 23 2.4 SOURCE QUALITY CONTROL [NOT USED] 24 PART 3- EXECUTION 25 3.1 INSTALLERS [NOT USED] 26 3.2 EXAMINATION [NOT USED] 27 3.3 PREPARATION [NOT USED] 28 3.4 INSTALLATION 29 A. Grade Rings 30 1. For HDPE Grade Rings: 31 a. Clean debris from the top of the concrete cone or top slab with a whisk,broom 32 or chisel to insure a flat seating surface. 33 b. For concrete manholes,place butyl rubber sealant against the interior surface of 34 the male lip of the first ring that will sit on the cone section. 35 c. Install a second application of sealant to that ring,between first sealant and the 36 holes. The second application of the sealant helps the first ring to seal level. 37 d. Apply the sealant around the second ring on the flat side,as close to the male 38 lip as possible,being careful to cover the entire 360 degrees of the ring. 39 e. Install the second ring(male lip down),on top of the first ring. Compress the 40 sealant by standing on the rings. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised January 22,2016 330513-5 FRAME,COVER,AND GRADE RINGS Page 5 of 6 1 f. Continue steps D&E using combined heights of flat and sloped rings as 2 required for each manhole to obtain a height difference within 1/4"of grade, 3 after casting is installed in step G. 4 g. Prior to placing the casting,install an approved sealant to the top of the last ring 5 so the sealant is between the casting and all 360 degrees of the flat portion of 6 the top ring. 7 h. All HDPE rings are installed male lip down on concrete manholes. 8 i. Install cast-in-place concrete surrounding HDPE grade adjustment rings. Do 9 not wipe interior of HDPE manhole grade rings with concrete. 10 j. Any variations of these steps must be approved by the Engineer 11 2. For all other Grade Rings: 12 a. Place as shown in the water and sanitary sewer City Standard Details. 13 b. Clean surfaces of dirt,sand,mud or other foreign matter before placing sealant. 14 c. Seal each grade ring with sealant specified in this Specification and as shown 15 on the City Standard Details. 16 B. Frame and Cover 17 1. Water 18 a. For water structures install frame,cover and grade rings in accordance with 19 applicable City Standard Detail. 20 2. Sanitary Sewer 21 a. For sanitary sewer structures install frame,cover and grade rings in accordance 22 with applicable City Standard Detail. 23 3. Storm Drain 24 a. For storm drain structures install frame,cover and grade rings in accordance 25 with applicable City Standard Detail. 26 4. Hinge Cover 27 a. Provide hinge cover on elevated manholes,junction boxes,in the flood plain 28 and where specified on the Drawings. 29 C. Joint Sealing 30 1. Seal frame,grade rings and structure with specified sealant. 31 D. Concrete Collar 32 1. Provide concrete collar around all frame and cover assemblies. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised January 22,2016 3305 13-6 FRAME,COVER,AND GRADE RINGS Page 6 of 6 1 3.5 REPAIR/RESTORATION [NOT USED] 2 3.6 RE-INSTALLATION [NOT USED] 3 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 4 3.8 SYSTEM STARTUP [NOT USED] 5 3.9 ADJUSTING [NOT USED] 6 3.10 CLEANING [NOT USED] 7 3.11 CLOSEOUT ACTIVITIES [NOT USED] 8 3.12 PROTECTION [NOT USED] 9 3.13 MAINTENANCE [NOT USED] 10 3.14 ATTACHMENTS [NOT USED] 11 END OF SECTION 12 Revision Log DATE NAME SUMMARY OF CHANGE 6/25/2014 F.Griffin Corrected error in Part 2-2.2-B4-d-2-a. Cover size should be 22'/z inches rather than 19'/+inches. 1/22/2016 F.Griffin Part 2-2.2-B4-d-2-a.,Cover size updated to 30 inches to match Detail 33 05 16- D417. 6/21/17 R.Sauceda Modified to allow use of composite frame and cover 13 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised January 22,2016 City of Fort Worth, Texas Water Department Transportation & Public Works Department ADDENDUM No. 2 To the Specifications and Contract Documents For Village Creek Sanitary Sewer Rehabilitation Part A City Project No. 100275 Addendum No. 2— Issue Date: June 22, 2017 Bid Receipt Date: July 6, 2017 This Addendum No. 2 forms part of the contract documents referenced above and modifies the original Contract Documents and Plans. Acknowledge receipt of this addendum by signing in the space provided below, attaching it to the Contract Documents (inside) and note receipt of the Addendum on the outer envelope of your bid. Prospective Bidders are hereby notified of the following: The Plans and Specification Documents for the above referenced project are hereby revised and amended as follows: 1 Section 33 39 60 "Liner System for Sanitary Sewer Structures": Modify section 2.2.B.3.b was Thickness— 125 mils minimum for newly installed structures; 250 mils minimum for rehabilitation of existing structures (Warren Environmental System 301, ARC S1 HB by A.W. Chesterton Company); 500 mils minimum (SpectraShield). revision Thickness— 125 mils minimum for newly installed structures; 250 mils minimum for rehabilitation of existing structures (Warren Environmental System 301, ARC S 1 H B by A.W. Chesterton Company); 500 mils minimum (EcoCast). Note: • All Addendum No. 2 items are available on Buzzsaw, replace original forms listed herein with Addendum No 2 forms and insertions. All other provisions of the plans, specifications and contract documents for the project which are not expressly amended herein shall remain in full force and effect. The Contractor shall acknowledge receipt of this Addendum (1) in the space provided below, (2) in the proposal and (3) acknowledge receipt on the outer envelope of your bid in upper case letters "RECEIVED &ACKNOWLEDGED ADDENDUM NO. 2". Failure to return a signed copy of the addendum with the Proposal shall be grounds for rendering the bid non-responsive. A signed copy of this addendum shall be placed into the Proposal at the time of submittal. RECEIPT ACKNOWLEDGED: WATER DEPARTMENT By: By. Title: Robert Sauceda, P.E., Senior Professional Engineer ADDENDUM NO.2 June 22,2017 City of Fort Worth, Texas Water Department Transportation & Public Works Department ADDENDUM No. 3 To the Specifications and Contract Documents For Village Creek Sanitary Sewer Rehabilitation Part A City Project No. 100275 Addendum No. 3— Issue Date: June 30, 2017 Bid Receipt Date: July 13, 2017 This Addendum No. 3 forms part of the contract documents referenced above and modifies the original Contract Documents and Plans. Acknowledge receipt of this addendum by signing in the space provided below, attaching it to the Contract Documents (inside) and note receipt of the Addendum on the outer envelope of your bid. Prospective Bidders are hereby notified of the following: The Plans and Specification Documents for the above referenced project are hereby revised and amended as follows: 1. Section 00 11 13 "Invitation to Bidders" Modify date for Receipt of Bids was Thursday, July 6th, 2017 revision Thursday, July 13th, 2017 2. Section 00 42 43 "Proposal Form Unit Price" Replace existing specification with attached updated specification • Modified description for Bid Item 17. • Added Bid Item 22 "Mobilization" 3. Sheet 1 of 21 "Cover Sheet" Replace existing sheet with attached updated sheet • Added "TWDB CWSRF#73750" 4. Sheet 8 of 21 "Sanitary Sewer Plan & Profile M-2446" Replace existing sheet with attached updated sheet • Added note to remove existing manhole liner 5. Sheet 14 of 21 "Sanitary Sewer Plan & Profile M-503° Replace existing sheet with attached updated sheet • Added existing 24" RCP note • Added note to remove existing 6" SS • Added "Begin 8u SS" note • Added "End 8' SS" note • Added proposed 8" SS note ADDENDUM NO.3 June 30,2017 6. Sheet 18 of 21 "Traffic Control Plan Overall' Replace existing sheet with attached updated sheet • Updated traffic control plan to include section south of bend on South Cravens Road 7. Sheet 19 of 21 "Traffic Control Plan Eastland" Replace existing sheet with attached updated sheet • Updated traffic control plan to include section south of bend on South Cravens Road The following clarifications to the Plans and Specification Documents for the above referenced project are hereby issued: 1. The following manhole liner systems may be used on this project: a. Warren Environmental (approved) b. Chesterton (approved) c. EcoCast (conditionally approved for this project) 2. The following pipe liner systems may be used on this project: a. CIPP by an approved manufacturer b. EcoCast (conditionally approved for this project) c. Quadex(conditionally approved for this project) 3. Construction is anticipated to begin in late October 2017. 4. CCTV is available on Buzzsaw in the "CCTV Data" folder. Note: • All Addendum No. 3 items are available on Buzzsaw; replace original forms listed herein with Addendum No. 3 forms and insertions. All other provisions of the plans, specifications and contract documents for the project which are not expressly amended herein shall remain in full force and effect. The Contractor shall acknowledge receipt of this Addendum (1) in the space provided below, (2) in the proposal and (3) acknowledge receipt on the outer envelope of your bid in upper case letters "RECEIVED&ACKNOWLEDGED ADDENDUM NO. 3". Failure to return a signed copy of the addendum with the Proposal shall be grounds for rendering the bid non-responsive. A signed copy of this addendum shall be placed into the Proposal at the time of submittal. RECEIPT ACKNOWLEDGED: WATER DEPARTMENT C> By: By: Title: Robert Sauceda, P.E., Senior Professional Engineer ADDENDUM NO.3 June 30,2017 004243 BID PROPOSAL Pwl oft SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Wortnation Bidder's Proposal Bidlist Item Specification Unit of Bid No. Description Section No. Measure Quantity Unit Price Bid Value 1 54"SS CIPP Liner 3331 12 LF 1020 2 39"SS CIPP Liner 3331 12 LF 5980 3 Install New 8"Sewer Line 3331 20 LF 50 4 Remove 6"Sewer Line 0241 14 LF 50 5 IRemove&Replace Existing Cone,Ring and Cover on 4'MH 33 05 13 EA 10 6 Remove&Replace Existing Cone,Ring and Cover on"T A"MH 330513 EA 3 7 Structural Manhole Liner System 33 39 60 VF 250 8 Install New Standard 4'Manhole 33 39 20 EA 2 9 4'Manhole Extra Depth 333910 VF 10 10 Remove 4'Manhole 0241 14 EA 1 11 Trench Safety 33 05 10 LF 50 12 Remove and Replace Concrete Collar 33 05 17 EA 1 13 Pre-Construction CCN Inspection 3301 31 LF 7050 14 Post CCTV Inspection 33 01 31 LF 7050 15 Manhole Vacuum Testing 33 01 30 EA 2 16 Construction Staking 01 7123 LS 1 17 Construction(GPS&As-Built)Survey 01 7123 LS 1 18 Bypass Pumping 33 D3 10 LS 1 19 JAsphalt Pavement Repair,Residential 3201 17 SY 250 20 4"Service Connection 33 31 50 EA 1 21 Traffic Control 3471 13 MO 4 22 Mobilization 01 7000 LS 1 $20,000.00 $20,000.00 23 Allowance LS 1 $70,000.00 $70,000.00 Total Amount Bid $90,000.00 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPBCB7CATION DOCUMENTS Forth Revised 20120120 00 4100 00 43 13_00 42 4300 43 37_00 45 12_00 3513_Bid Proposal Wakbookxls U 4L � Q 12 gj U7 f2 r. � r LU GO j 4 r t y _ 'a",.-r.a'" .�t,:l � �� `• �E � [1 Vis, 4o cn " C/D •y-. ` 1 CI C1t!aP AVZi H IF hfi. 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Acknowledge receipt of this addendum by signing in the space provided below, attaching it to the Contract Documents (inside) and note receipt of the Addendum on the outer envelope of your bid. Prospective Bidders are hereby notified of the following: The Plans and Specification Documents for the above referenced project are hereby revised and amended as follows: 1. Section 00 00 00 "Table of Contents" Add the following to "Technical Specifications which have been modified by the Engineer specifically for this Project" "33 31 01 Geopolymer Liner System for Sanitary Sewer Pipelines" 2. Section 00 42 43 "Proposal Form Unit Price" Replace existing specification with attached updated specification • Change Bid Item 1 to Bid Item 1 a. • Added Bid Item 1 b "54° SS Geopolymer Liner System" • Added Bid Item 7 "Remove & Replace Existing Cone, Ring and Cover and Install Transition Pad on 4' Brick MH" • Added Bid Item 8 "Remove & Replace Existing Ring and Cover on MH" 3. Section 33 31 01 "Geopolymer Liner System for Sanitary Sewer Pipelines" Add attached specification. 4. Section 33 31 12 "Cured in Place Pipe (CIPP)" Add section 1.9.A.1.d shown below d. The pipe Installer shall: 1) Have performed a minimum of 50,000 feet of successful installation in the United States Modify section 2.2.C.1.d.1.d. was Groundwater Depth (Hw) = per Drawings, feet revision Groundwater Depth (Hw) = per borings to be performed by the contractor, feet ADDENDUM NO.4 July 6,2017 5. Sheet 6 of 21 "Sanitary Sewer Plan & Profile M-2446° Replace existing sheet with attached updated sheet • Added note INSTALL TRANSITION PAD...' on Brick Manhole @ STA 179+18.70 • Modify note to say"REMOVE & REPLACE EXIST RING & COVER..." on Manholes @ STA 182+49.14, STA 182+72.12, STA 186+37.22 & STA 186+71.37 6. Sheet 9 of 21 "Sanitary Sewer Plan & Profile M-244B" Replace existing sheet with attached updated sheet • Added note ".. INSTALL TRANSITION PAD.o.° on Brick Manhole @ STA 205+88.88 7 Sheet 11 of 21 "Sanitary Sewer Plan & Profile M-244B° Replace existing sheet with attached updated sheet • Added note "...INSTALL TRANSITION PAD...' on Brick Manhole @ STA 218+63.31 8. Sheet 13 of 21 "Sanitary Sewer Plan & Profile M-503" Replace existing sheet with attached updated sheet • Revised existing ground in profile to show aerial crossing • Changed "INSTALL 736 LF OF 54" CIPP LINER° to "INSTALL 736 LF OF 54" LINER SYSTEM" 9. Sheet 14 of 21 "Sanitary Sewer Plan & Profile M-503" Replace existing sheet with attached updated sheet • Revised existing ground in profile to show aerial crossing • Changed "INSTALL 281 LF OF 54" CIPP LINER° to "INSTALL 281 LF OF 54" LINER SYSTEM" 10. Clarifications: • Brick manholes shall be preserved if possible. No brick manholes shall be removed without explicit approval from the engineer. • 'Qreq' as noted on the plans shall be used for bypass pumping calculations. • Vinyl ester resin for CIPP shall be used on the 54" M-503 line. • Design calculations for the pipe liner thickness shall be provided for the engineers review per Specification 33 31 12 Section 1.6.B.1. • The following manhole liner systems may be used on this project: a. Warren Environmental (approved on CFW Standard Products List) b. Chesterton (approved on CFW Standard Products List) c. Quadex GeoKrete Geopolymer (approved on CFW Standard Products List) d. EcoCast (conditionally approved for this project) • The following pipe liner systems may be used on this project: a. CIPP by an approved manufacturer b. IPR CIPP (conditionally approved for this project) c. EcoCast (conditionally approved for this project, see 33 31 01) ADDENDUM NO.4 July 6,2017 Note: • All Addendum No. 4 items are available on Buzzsaw; replace original forms listed herein with Addendum No. 4 forms and insertions. All other provisions of the plans, specifications and contract documents for the project which are not expressly amended herein shall remain in full force and effect. The Contractor shall acknowledge receipt of this Addendum (1) in the space provided below, (2) in the proposal and (3) acknowledge receipt on the outer envelope of your bid in upper case letters "RECEIVED&ACKNOWLEDGED ADDENDUM NO. 4". Failure to return a signed copy of the addendum with the Proposal shall be grounds for rendering the bid non-responsive. A signed copy of this addendum shall be placed into the Proposal at the time of submittal. RECEIPT ACKNOWLEDGED: WATER DEPARTMENT By: By: 9 - � Title: Robert Sauceda, P.E., Senior Professional Engineer ADDENDUM NO.4 July 6,2017 004243 RED PROPOSAL Papp ail SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project item infannetlon Bidder's Proposal Bidlist Item Specification C'nit of Bid No. Description Section No. Meaeore l?nen6ty Unit Price Bid Value 1 a 54"SS CIPP Liner 33 31 12 LF 1020 1 b 54"SS Geopolymer Liner System 33 31 01 LF 1020 2 39"SS CIPP Liner 3331 12 LF 59801 1 3 Install New 8"Sewer Line 33 31 20 LF 50 4 Remove 6"Sewer Line 0241 14 LF 50 5 lRemove&Replace Existing Cone,Ring and Cover on 4'MH 330513 EA 5 6 Remove&Replace Existing Cone,Ring and Cover on"Type A"MH 330513 EA 1 7 Remove&Replace Existing Cone,Ring and Cover and Install Transition Pad on 4'Brick MH 330513 EA 3 8 Remove&Replace Existing Ring and Cover on MH 330513 EA 4 9 Structural Manhole Liner System 33 39 60 VF 250 10 Install New Standard 4'Manhole 333920 EA 2 11 4'Manhole Extra Depth 33 3910 VF 10 12 Remove 4'Manhole 0241 14 EA 1 13 ITrench Safety 330510 LF 50 14 Remove and Replace Concrete Collar 330517 EA 1 15 Pre-Construction CCTV Inspection 33 01 31 LF 7050 16 Post CCTV Inspection 330131 LF 7050 17 Manhole Vacuum Testing 33 01 30 EA 2 18 Construction Staking 01 7123 LS 1 19 Construction GPS&A"uiH Survey 01 7123 LS 1 20 Bypass Pumping 330310 LS 1 21 lAsphalt Pavement Repair,Residential 32 01 17 SY 250 22 4"Service Connection 33 31 50 EA 1 23Traffic Control 34 71 13 MO 4 24 Mobil¢ation 01 7000 LS 1 $20,000.00 $20,000.00 25 lAllowance LS 1 $70,00&001 $70 000.00 Total Amount Bid $90,000.00 END OF SECTION Cm OF FORT WORTH SCAWDARD CONSTRUclrox SPECsrcATM DOCUMENTS Fong RaA.d 201]x110 00 41 0D_00 4311_00 42 43_W u»00 45 12_00 35 to std Prepost waddudcids 333101-1 GEOPOLYMER LINER SYSTEM FOR SANITARY SEWER PIPELINES Page 1 of 8 1 SECTION 33 3101 2 GEOPOLYMER LINER SYSTEM FOR SANITARY SEWER PIPELINES 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Geopolymer liner system for gravity sanitary sewer rehabilitation of 54-inch and 7 larger pipelines. 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None(Not currently a standard specification—for preapproved projects only) 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 33 0130—Sewer and Manhole Testing 14 4. Section 33 0131 —Closed Circuit Television(CCTV)Inspection 15 5. Section 33 03 10—Bypass Pumping of Existing Sewer Systems 16 6. Section 33 04 50—Cleaning of Sewer Mains 17 7. Section 33 31 50—Sanitary Sewer Service Connections and Service Line 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Geopolymer Liner System 21 a. Measurement 22 1) Measured horizontally along the surface from center line to center line of 23 the manhole or appurtenance 24 b. Payment 25 1) The work performed and materials furnished in accordance with this Item 26 and measured as provided under"Measurement"will be paid for at the unit 27 price bid per linear foot for"Geopolymer Liner System"installed for: 28 a) Various sizes 29 c. The price bid shall include: 30 1) Mobilization 31 2) Furnishing and installing Geopolymer Liner as specified by the Drawings 32 3) Hauling 33 4) Disposal of excess material 34 5) Clean-up 35 6) Cleaning 36 7) Testing 37 2. Service Reconnection 38 a. Measurement 39 1) Measurement for this Item shall be per each service reconnected. 40 b. Payment CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised July 5,2017 333101-2 GEOPOLYMER LINER SYSTEM FOR SANITARY SEWER PIPELINES Page 2 of 8 1 1) The work performed and materials furnished in accordance with this Item 2 and measured as provided under"Measurement"will be paid for at the unit 3 price bid per each"Service Reconnection". 4 c. The price bid shall include: 5 1) Mobilization 6 2) Furnishing and installing Geopolymer Liner as specified by the Drawings 7 3) Hauling 8 4) Disposal of excess material 9 5) Clean-up 10 6) Cleaning 11 7) Testing 12 1.3 REFERENCES 13 A. Reference Standards 14 1. Reference standards cited in this Specification refer to the current reference 15 standard published at the time of the latest revision date logged at the end of this 16 Specification,unless a date is specifically cited. 17 2. American Association of State Highway and Transportation Officials(AASHTO). 18 3. ASTM Intemational(ASTM): 19 a. C33, Standard Specification for Concrete Aggregates 20 b. C39/C109,Compressive Strength Hydraulic Cement Mortars 21 c. C78/C293/C348,Flexural Strength of Concrete 22 d. C138/C642,Standard Test Method for Density 23 e. C267,Chemical Resistance of Mortars,Grouts,and Monolithic Surfacings and 24 Polymer Concretes 25 f. C469, Static Modulus of Elasticity&Poisson's Ratio of Concrete Compression 26 g. C496,Splitting Tensile Strength of Cylindrical Concrete Specimens 27 h. C666,Freeze Thaw Durability 28 i. C321/C882,Bond Strength of Epoxy-Resin Systems Used with Concrete by 29 Slant Shear 30 j. C1090, Shrinkage Test 31 k. C1138,Standard Test Method for Abrasion Resistance of Concrete 32 (Underwater Method) 33 1. C1140-03A,Preparing and Testing Specimens from Shotcrete Test Panels 34 in. C1202,Electrical Indication of Concrete's Ability to Resist Chloride Ion 35 Penetration 36 n. F2414,Practice for Sealing Sewer Manhold Using Chemical Grouting 37 4. American Concrete Institute(ACI): 38 a. 305R-99 Hot Weather Concreting 39 b. 306R-88 Cold Weather Concreting 40 c. ACI Certified Concrete Field Testing Technician,Level 1 41 5. International Organization for Standardization(ISO): 42 a. ISO 9000,Quality Management System-Fundamentals and Vocabulary. 43 6. Occupational Safety and Health Administration(OSHA). CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised July 5,2017 33 31 01-3 GEOPOLYMER LINER SYSTEM FOR SANITARY SEWER PIPELINES Page 3 of 8 1 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 2 1.5 SUBMITTALS 3 A. Submittals shall be in accordance with Section 0133 00. 4 B. All submittals shall be approved by the City prior to delivery. 5 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 6 A. Product Data 7 1. Geopolymer Liner 8 a. Tabular summary by sewer segment noting required liner thickness per section 9 B. Shop Drawings 10 1. Provide calculations to support Geopolymer Liner design thickness after curing. 11 List the following criteria used for the calculations: 12 a. Assumed host pipe condition 13 b. Ground water table elevation 14 c. Depth of cover at deepest location 15 d. Modulus of soil stiffness 16 e. Long term modulus of elasticity 17 f. Live loading 18 g. Factor of safety against buckling 19 h. Assumed pipe ovality 20 C. Certificates 21 1. Furnish an affidavit certifying that all liner meets the provisions of this Section and 22 meets the requirements of above referenced ASTM standards. 23 2. Contractor shall submit a certified statement from the Manufacturer that he/she is a 24 certified and/or licensed installer of the liner. 25 3. Submittal required from Manufacturer certifying that all materials have been 26 approved for the installation conditions shown on the Drawings and as specified. 27 4. Submittals for Manufacturer's&Installer's warranty certificate and Installer's job 28 history&reference certificate required. 29 D. Source Quality Control Submittals 30 1. Manufacturer to provide third party test results supporting the long term 31 performance and structural strength of the pipe being manufactured 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE 35 A. Qualifications 36 1. Manufacturing and Installation 37 a. Finished pipe shall be the product of 1 manufacturer. 38 b. Liner manufacturing operations shall be performed at 1 location. 39 c. The Manufacturer shall: 40 1) Have performed a minimum of 5,000 LF of successful Geopolymer liner 41 installation in the United States CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised July 5,2017 333101-4 GEOPOLYMER LINER SYSTEM FOR SANITARY SEWER PIPELINES Page 4 of 8 1 d. The Installer shall: 2 1) Submit documentation and verifiable references that they have installed a 3 minimum of 5,000 LF large diameter(>36 inch)horizontal pipe using the 4 proposed lining system. 5 B. Certifications 6 1. Manufacturing and Installation 7 a. Operate pipe manufacturing and installation under a quality management 8 system certified by third party ISO 9000. Provide proof of certification upon 9 request. 10 b. If Installer is different company than Manufacturer,then installer must provide 11 certification from the manufacturer that he/she is licensed and fully trained as 12 an installer of the product upon request. 13 c. Manufacturer shall submit a letter of certification that the product meets or 14 exceeds all technical and packaging requirements 15 d. Manufacturer shall submit original third party verification of material 16 formulation via XRF(X-ray Fluorescence)data. 17 1.10 DELIVERY,STORAGE,AND HANDLING 18 A. Storage and Handling Requirements 19 1. Follow manufacturer's recommendation on all storage and handling requirements. 20 1.11 FIELD [SITE] CONDITIONS [NOT USED] 21 1.12 WARRANTY[NOT USED] 22 PART 2- PRODUCTS 23 2.1 OWNER-FURNISHED [oR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 24 2.2 EQUIPMENT,PRODUCT TYPES AND MATERIALS 25 A. General 26 1. All liner furnished and installed shall be in conformance with the ASTM standards 27 referenced in this specification. 28 B. Manufacturer and Installers 29 1. Only the Manufacturer/Installers as listed in the City's Standard Products List will 30 be considered as shown in Section 0160 00. 31 a. The Manufacturer/Installer must comply with this Specification and related 32 Sections. 33 2. Any product that is not listed on the Standard Products List is considered a 34 substitution and shall be submitted in accordance with Section 0125 00. 35 3. Conditionally approved products: 36 a. EcoCast 37 C. Performance/Design Criteria 38 1. Liner(tube) 39 a. Design liner for a 50-year service life under continuous loading conditions. 40 b. Base design on a fully deteriorated host pipe condition. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised July 5,2017 33 31 01-5 GEOPOLYMER LINER SYSTEM FOR SANITARY SEWER PIPELINES Page 5 of 8 1 c. Calculate wall thickness per Manufacturer's recommendation. 2 1) Assume the following values for the design: 3 a) Safety Factor(1)=2.0 4 b) Ovality(C)=5 percent 5 c) Enhancement Factor(K)=7.0 6 d) Groundwater Depth(H,,)=per borings to be performed by the 7 contractor,feet 8 e) Soil Depth(H)=per Drawings,feet 9 f) Soil Modulus(E')= 1,000,psi 10 g) Soil Density(w)= 130 pounds per cubic foot 11 h) Live Load=ASSHTO HS 20 12 2) The minimum allowable liner thickness shall be 1.5-inches for all pipes 13 with internal diameter of 54-inches or greater. 14 D. Materials 15 1. Liner 16 a. The liner shall be a micro-fiber reinforced ultra-dense Geopolymer. 17 b. Construct liner to withstand installation pressures,have sufficient strength to 18 bridge missing pipe and stretch to fit irregular pipe sections. 19 c. The material shall provide a high strength fiber reinforced mortar specifically 20 designed for ease of mechanical pumping,spraying and spin casting. 21 d. Geopolymer mortar composition shall be per Manufacturer's recommendation. 22 e. When finished,the Geopolymer liner shall have a homogenous and monolithic 23 total wall thickness. 24 f. The liner shall be compatible with the thermal and chemical conditions of the 25 existing sewer structures. 26 2. Acid Mitigation System (AMS) 27 a. A liquid sealant designed to provide additional chemical resistance for the 28 geopolymer lining from Microbial Induced Corrosion(MIC) and should be 29 designed to function with the geopolymer lining. 30 b. The sealant must be applied to the geopolymer lining after the final thickness 31 has been spin cast. 32 c. The liquid sealant shall be GeoSpray AMS Post-Coat manufactured by Milliken 33 Infrastructure Solutions,LLC or approved equal. 34 2.3 ACCESSORIES [NOT USED] 35 2.4 SOURCE QUALITY CONTROL [NOT USED] 36 PART 3- EXECUTION 37 3.1 INSTALLERS [NOT USED] 38 3.2 EXAMINATION [NOT USED] 39 3.3 PREPARATION [NOT USED] 40 A. Inspection 41 1. Prior to installation,conduct an inspection of the existing pipe identified for 42 rehabilitation along with the surrounding job site conditions. 43 2. Complete a Pre-CCTV inspection per Section 33 0131. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised July 5,2017 33 31 01-6 GEOPOLYMER LINER SYSTEM FOR SANITARY SEWER PIPELINES Page 6 of 8 1 3. Observe flows at different times of the date to determine or verify flow conditions 2 in preparation for bypass pumping. 3 4. Verify accessibility conditions and coordinate with city regarding easement access 4 and limitations. 5 5. Confirm full circumference of the host pipe prior to lining to ensure the pipe can be 6 rehabilitated without compromising the geopolymer liner system. 7 B. Host Pipe Preparation 8 1. Clean the pipe per Section 33 04 50. 9 2. Inspect pipe as required by this Specification. 10 3. Prepare for bypass pumping per Section 33 03 10. 11 C. Geopolymer Lining Material Preparation 12 1. Contractor shall mix geopolymer material for Manufacturer's recommended water 13 cement ratio. 14 2. The mixing water temperature must be recorded in the daily operational log at 15 multiple times throughout the day during the installation process. If water 16 temperatures exceed 80°F,then the water should be chilled to 80°F or lower. 17 3. The Geopolymer lining material shall be mixed in a high shear mixer to ensure 18 thorough and uniform mix of water with materials prior to pumping. 19 4. The mixing operation must be performed so that dust released into the surrounding 20 environment is minimized. 21 5. Pumps must be equipped with multiple sensors that stop the pump if material either 22 runs out or is overflowing. 23 3.4 INSTALLATION 24 A. Safety 25 1. Carry out operation in accordance with all OSHA and manufacturer's safety 26 requirements including,but not limited to,safety requirements involving confined 27 space entry. 28 B. Geopolymer Liner imstallation 29 1. The necessary equipment and application methods to apply the liner materials shall 30 be only as approved by the material Manufacturer. Material shall be mixed in 31 accordance with Manufacturer's specifications to proper consistency,then the 32 materials shall be pumped through a material plaster hose for delivery to the 33 appropriate and/or selected application device. 34 2. The mortar delivery hose shall be coupled to a high speed rotating applicator 35 device. The rotating casting applicator shall then be positioned within the center,or 36 positioned higher inside the pipe,as required by the diameter of the pipe. 37 3. The spin cast nozzle must be capable of bidirectional operation. 38 4. The high speed rotating applicator shall then be initialized,and pumping of the 39 material shall commence.As the material begins to be centrifugally cast evenly 40 around the interior of the cavity the rotating applicator head shall uniformly travel 41 back and forth at or near the center point of the pipe at a controlled frequency 42 conducive to providing a uniform material thickness to the pipe walls. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABU ITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised July 5,2017 33 31 01-7 GEOPOLYMER LINER SYSTEM FOR SANITARY SEWER PIPELINES Page 7 of 8 1 5. Controlled multiple passes shall then be made until the specified minimum finished 2 thickness is attained. 3 6. If the procedure is interrupted for any reason,the operator shall arrest the retrieval 4 of the applicator head until flows are recommenced. 5 7. Spraying shall be performed by starting at the pipe end-project location and 6 progressing towards the entrance of the pipe. The geopolymer liner shall be applied 7 to a specified minimum thickness and can be applied in multiple passes. 8 8. The geopolymer lining material shall be applied to a damp surface,with no flowing 9 water. 10 C. Curing 11 1. Follow Manufacturer's recommended cure schedule in curing of the geopolymer 12 liner.The material must be allowed to cure a minimum of 2 hours or until the 13 material has reached an initial set condition,whichever is longer prior to the release 14 of bypass or flow through the pipe. 15 2. Proper steps shall be taken to ensure the material is cured in a moist and moderate 16 climate. When situations or dry and/or hot conditions are present,the use of a wind 17 barrier and fogging spray may be required. 18 3. The geopolymer liner should not be placed when the ambient temperature is 37°F 19 and falling,or when the temperature is anticipated to fall below 32°F during the 20 next 24 hours,unless specific precautions are employed. 21 4. Installation and curing are to be done in accordance with ACI 305R-99"Hot 22 Weather Concreting",and/or ACI 306R-88"Cold Weather Concreting"when 23 required. 24 D. Reinstatement of lateral connections 25 1. After the liner is cured in place have the lateral connections reinstated within 18 26 hours. 27 2. Restored openings shall be neatly and smoothly open and without rough edges. 28 Care must be exercised not to damage the geopolymer lining while reinstating the 29 lateral. 30 3. An internal cut is considered acceptable if the bottom 1/3 of the opening matches 31 the existing tap invert,there are no jagged edges and a minimum of 95 percent of 32 the tap opening is restored. 33 4. Blind holes,over cutting and holes that miss the tap must be repaired to the 34 satisfaction of the City. 35 5. If additional work is required to restore the lateral connection outside of the pipe 36 follow the requirements of Section 33 3150. 37 E. Acid Mitigation System(AMS)installation 38 1. The sealant shall be used full strength as received from the manufacturer and shall 39 not be diluted. 40 2. The sealant may be applied during the application of the geopolymer liner or 41 anytime thereafter using a pressurized spray device to the Manufacturer's 42 recommendation. 43 3. The sealant shall be applied adequately to achieve surface saturation. 44 4. The sealant must be allowed to cure for a minimum of 6 hours to insure the surface 45 has dried prior to releasing bypass. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised July 5,2017 333101-8 GEOPOLYMER LINER SYSTEM FOR SANITARY SEWER PIPELINES Page 8 of 8 1 3.5 REPAIR/RESTORATION [NOT USED] 2 3.6 RE-INSTALLATION [NOT USED] 3 3.7 FIELD [oR] SITE QUALITY CONTROL 4 A. Field Tests and Inspections 5 1. Closed Circuit Television(CCTV)Inspection 6 a. Perform a Pre-CCTV and a Post-CCTV Inspection in accordance with Section 7 33 01 31. 8 2. The inspection must be completed and the quality of installation must be acceptable 9 to the City prior to restoring services. 10 3. If the Geopolymer Lining is deemed unacceptable by the City,provide a method of 11 repair or replacement for review and approval by the City. 12 3.8 SYSTEM STARTUP [NOT USED] 13 3.9 ADJUSTING [NOT USED] 14 3.10 CLEANING [NOT USED] 15 3.11 CLOSEOUT ACTIVITIES [NOT USED] 16 3.12 PROTECTION [NOT USED] 17 3.13 MAINTENANCE [NOT USED] 18 3.14 ATTACHMENTS [NOT USED] 19 END OF SECTION 20 Revision Log DATE NAN E SUMMARY OF CHANGE 21 CrrY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised July 5,2017 cz iii tiW z>��b� of N my as J ��°' �%jmOm VvvF GaNQza o¢33w O.. 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J co ? o -- + (n be Dts wla a Co --00'Lb+O V1S L 08--1 � ON[ co -14 ' .- 68 o w b8'L'0+O V1S L 08-1 84fi99-z-vi IS 6C� _ m I _ aNs _� ISP OI-133 N00 - (�N 0 10'99+C6 Ll V1�S 97bZ-W _. < Z U to a N -DO'0+ VIS 808-1 -. _ - - -- O IZ ._ ..— Z r LL — _- --- - -- M.F _ _ _-O CJ CO p 1 N W z f] �a Q QF�NQ O J QiJJ6❑❑QIP Z� W N(~jNNr WW H 1-R n N O N 9 W N2LOOOv t�D 3Z O NZtl1�TN N 0' 2L L) W Y J x }�n Z W - ---- --.�_� — — ------------------ -- -- ------------------- /^I/ — - — .- —.. — JT——— qTfl N < W < W nNtI1Z CCa[]atl �N w M Z❑aW Q1R�'FFYsO.+1+I ZN 2^ OKU AZO OJ ---- Na✓>o opJwa. 86) 051 W MhI'-MOFOjVaa=1-I�i�� Ib�9 ys xaoLL, —I -- - -- oz — OO N --..J _ o3�r �No$M xg80 >�0 z n 8 ¢u�z�zu?�u�Zwzw 54X55/��/ _ W�o� - — — - — WOU I I .603 1d„bS _-9b9 ..... w 9K=1n0�6S Tb99S-Wla N SS..b9,_SIX3 NIVINIVW +6'6L+L7Z 1SCOG-VI'SIX3 +LbZ V1S CU-V-- - I CYJ — —- — C4 Lo A.r% U) - --I C W ..-._ H U) jcLLI 0I CD - - --. 00 11 13-1 INVITATION TO BIDDERS Page I of 3 1 SECTION 00 1113 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of VILLAGE CREEK SANITARY SEWER 5 REHABILITATION PART A, Sewer Project No. 59607-0700430-100275-1780,City Project No. 6 100275,will be received by the City of Fort Worth Purchasing Office: 7 8 City of Fort Worth 9 Purchasing Division 10 1000 Throckmorton Street 11 Fort Worth,Texas 76102 12 13 until 1:30 P.M. CST,Thursday,July 13th,2017,and bids will be opened publicly and read aloud 14 at 2:00 PM CST in the Council Chambers. 15 16 GENERAL DESCRIPTION OF WORK 17 The major work will consist of the(approximate)following: 18 . 5,980 LF of 39"Sewer Main Rehabilitation by CIPP Liner 19 • 1,020 LF of 54"Sewer Main Rehabilitation by CIPP Liner 20 • 250 VF of Epoxy Structural Manhole Liner System. 21 • 50 LF of New 8"SS Pipe 22 • 2 EA New Standard Manholes 23 24 PREQUALIFICATION 25 The improvements included in this project must be performed by a contractor who is pre- 26 qualified by the City at the time of bid opening. The procedures for qualification and pre- 27 qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. 28 29 DOCUMENT EXAMINATION AND PROCUREMENTS 30 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 31 of Fort Worth's Purchasing Division website at htta://www.fortworthtexas.gov/nurchasinand 32 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site.The 33 Contract Documents may be downloaded,viewed,and printed by interested contractors and/or 34 suppliers. The contractor is required to fill out and notarize the Certificate of Interested 35 Parties Form 1295 and the form must be submitted to the Project Manager before the 36 contract will be presented to the City Council.The form can be obtained at 37 httns://www.ethics.state.tx.us/tee/1295-Info.htm 38 39 Copies of the Bidding and Contract Documents may be purchased from: 40 Shield Engineering Group,PLLC 41 (817) 810-0696 42 1600 W 7th Street#200 43 Fort Worth,TX 76102 44 45 A 24 hour notice must be given to the Engineer prior to picking up Bidding and Contract 46 Documents. 47 48 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 22,2016 001113-2 INVITATION TO BIDDERS Page 2 of 3 1 The cost of Bidding and Contract Documents is: 2 Set of Bidding and Contract Documents with full size drawings: $80 3 Set of Bidding and Contract Documents with half size (if available)drawings: $50 4 5 PREBID CONFERENCE 6 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO 7 BIDDERS at the following location,date,and time: 8 DATE: Wednesday,June 28'',2017 9 TIME: 2:00pm 10 PLACE: Shield Engineering Group,PLLC 11 1600 W 7th Street,Suite 200 12 Fort Worth,TX 76102 13 14 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 15 City reserves the right to waive irregularities and to accept or reject bids. 16 17 FUNDING 18 Award of this project is contingent upon the release of funds from the Texas Water Development 19 Board(TWDB). Any contract or contracts awarded under this Invitation to Bid are expected to be 20 funded in part by a loan from the TWDB.Neither the State of Texas nor any of its departments, 21 agencies,or employees are,or will be,a party to this Invitation to Bid or any resulting contract. 22 23 All laborers and mechanics employed by the CONTRACTOR and Subcontractors on projects 24 funded directly by or assisted in whole or in part by and through the Clean Water State Revolving 25 Fund or Drinking Water State Revolving Fund shall be paid wages at rates not less than those 26 prevailing on projects of a character similar in the locality as determined by the Secretary of 27 Labor in accordance with subchapter IV of chapter 31 or title 40,United States Code. Wages to 28 be paid on this Project will be governed by the Department of Labor Wage General Decision or 29 Decisions included in the bid documents for this project.The OWNER anticipates wages will be 30 governed by the most current versions of the Department of Labor General Decisions TX34, 31 TX36,TX43 and TX58. Federal Wage Determinations may be obtained online at 32 httu://www.wdol.aov. 33 34 INQUIRIES 35 All inquiries relative to this procurement should be addressed to the following: 36 Attn: Roberto C. Sauceda,P.E.,City of Fort Worth 37 Email: robert.saucedana,FortWorthTexas.gov 38 Phone: 817-392-2387 - 39 AND/OR 40 Attn: Craig H. Barnes,P.E., Shield Engineering Group,PLLC 41 Email: crai¢.barnes(a)seRyllc.com 42 Phone: 817-810-0696 43 44 Questions by e-mail will be prioritized over those received by other means. Only responses issued 45 via Addenda are binding. 46 47 48 49 50 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100275 Revised December 22,2016 00 11 13-3 INVTTATION TO BIDDERS Page 3 of 3 1 ADVERTISEMENT DATES 2 Thursday,June 15',2017 3 Thursday,June 221,2017 4 5 6 END OF SECTION CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100275 Revised December 22,2016 002113-1 INSTRUCTIONS TO BIDDERS Page 1 of 10 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 4 1. Defined Terms 5 6 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 7 00-GENERAL CONDITIONS. 8 9 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 10 meanings indicated below which are applicable to both the singular and plural thereof. 11 12 1.2.1. Bidder: Any person,firm,partnership,company,association,or corporation acting 13 directly through a duly authorized representative,submitting a bid for performing 14 the work contemplated under the Contract Documents. 15 16 1.2.2. Nonresident Bidder:Any person,firm,partnership,company,association,or 17 corporation acting directly through a duly authorized representative,submitting a 18 bid for performing the work contemplated under the Contract Documents whose 19 principal place of business is not in the State of Texas. 20 21 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 22 (on the basis of City's evaluation as hereinafter provided)makes an award. 23 24 2. Copies of Bidding Documents 25 26 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 27 resulting from the Bidders use of incomplete sets of Bidding Documents. 28 29 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 30 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 31 for any other use. 32 33 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 34 35 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 36 requiring prequalification at the time of bidding. Bids received from contractors who are 37 not prequalified(even if inadvertently opened)shall not be considered. Prequalification 38 requirement work types and documentation are as follows: 39 40 3.1.1. Paving—Requirements document located at; 41 httt)s://Droiectpoint.buzzsaw.com/fortworthgov/Resources/02%20- 42 %20Construction%20Documents/Contractor%20Prequalification/TPW/o20Paving 43 %20Contractor%20Prequalification%o20Program/PREOUALIFICATION%20REO 44 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public 45 46 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at; CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised August 21,2015 002113-2 INSTRUCTIONS TO BIDDERS Page 2 of 10 1 https://vroiecti)oint.buzzsaw.com/fortwortheov/Resources/02%20- 2 %2OConstruction%2ODocuments/Contractor%2OPregualification/TPW%2OPavint; 3 %2OContractor%2OPre(ivalification%2OProaram/PREOUALIFICATION%2OREO 4 UIREMENTS%2OFOR%2OPAVING%2OCONTRACTORS.PDF?public 5 6 3.1.3. Water and Sanitary Sewer—Requirements document located at; 7 htti)s://nroiectt)oint.buzzsaw.com/fortworthaov/Resources/02%20- 8 %20Construction%2ODocuments/Contractor%2OPregualification/Water%2Oand%2 9 OSanitart'%2OSewer%2OContractor%2OPrequalification%2OProgram/WSS%20pre 10 qual%20requirements.doc?public 11 12 13 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within 14 seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 15 45 11,BIDDERS PREQUALIFICATIONS. 16 17 3.2.1. Submission of and/or questions related to prequalification should be addressed to 18 the City contact as provided in Paragraph 6.1. 19 20 21 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 22 bidder(s)for a project to submit such additional information as the City,in its sole 23 discretion may require,including but not limited to manpower and equipment records, 24 information about key personnel to be assigned to the project,and construction schedule, 25 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 26 deliver a quality product and successfully complete projects for the amount bid within 27 the stipulated time frame. Based upon the City's assessment of the submitted 28 information,a recommendation regarding the award of a contract will be made to the 29 City Council. Failure to submit the additional information,if requested,may be grounds 30 for rejecting the apparent low bidder as non-responsive. Affected contractors will be 31 notified in writing of a recommendation to the City Council. 32 33 3.4.In addition to prequalification,additional requirements for qualification may be required 34 within various sections of the Contract Documents. 35 36 37 38 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 39 40 4.1 Before submitting a Bid,each Bidder shall: 41 42 4.1.1. Examine and carefully study the Contract Documents and other related data 43 identified in the Bidding Documents(including "technical data"referred to in 44 Paragraph 4.2.below).No information given by City or any representative of the 45 City other than that contained in the Contract Documents and officially 46 promulgated addenda thereto,shall be binding upon the City. 47 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised August 21,2015 002113-3 INSTRUCTIONS TO BIDDERS Page 3 of 10 1 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general,local and 2 site conditions that may affect cost,progress,performance or furnishing of the 3 Work. 4 5 4.1.3. Consider federal,state and local Laws and Regulations that may affect cost, 6 progress,performance or furnishing of the Work. 7 8 4.1.4. Study all: (i)reports of explorations and tests of subsurface conditions at or 9 contiguous to the Site and all drawings of physical conditions relating to existing 10 surface or subsurface structures at the Site(except Underground Facilities)that 11 have been identified in the Contract Documents as containing reliable"technical 12 data" and(ii)reports and drawings of Hazardous Environmental Conditions,if any, 13 at the Site that have been identified in the Contract Documents as containing 14 reliable "technical data." 15 16 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 17 the information which the City will furnish. All additional information and data 18 which the City will supply after promulgation of the formal Contract Documents 19 shall be issued in the form of written addenda and shall become part of the Contract 20 Documents just as though such addenda were actually written into the original 21 Contract Documents.No information given by the City other than that contained in 22 the Contract Documents and officially promulgated addenda thereto,shall be 23 binding upon the City. 24 25 4.1.6. Perform independent research,investigations,tests,borings,and such other means 26 as may be necessary to gain a complete knowledge of the conditions which will be 27 encountered during the construction of the project. On request,City may provide 28 each Bidder access to the site to conduct such examinations,investigations, 29 explorations,tests and studies as each Bidder deems necessary for submission of a 30 Bid. Bidder must fill all holes and clean up and restore the site to its former 31 conditions upon completion of such explorations,investigations,tests and studies. 32 33 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 34 cost of doing the Work,time required for its completion,and obtain all information 35 required to make a proposal. Bidders shall rely exclusively and solely upon their 36 own estimates,investigation,research,tests,explorations,and other data which are 37 necessary for full and complete information upon which the proposal is to be based. 38 It is understood that the submission of a proposal is prima-facie evidence that the 39 Bidder has made the investigation,examinations and tests herein required. Claims 40 for additional compensation due to variations between conditions actually 41 encountered in construction and as indicated in the Contract Documents will not be 42 allowed. 43 44 4.1.8. Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or 45 between the Contract Documents and such other related documents. The Contractor 46 shall not take advantage of any gross error or omission in the Contract Documents, 47 and the City shall be permitted to make such corrections or interpretations as may 48 be deemed necessary for fulfillment of the intent of the Contract Documents. 49 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised August 21,2015 002113-4 INSTRUCTIONS TO BIDDERS Page 4 of 10 1 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 2 3 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 4 the site which have been utilized by City in preparation of the Contract Documents. 5 The logs of Soil Borings,if any,on the plans are for general information only. 6 Neither the City nor the Engineer guarantee that the data shown is representative of 7 conditions which actually exist. 8 9 4.2.2. those drawings of physical conditions in or relating to existing surface and 10 subsurface structures(except Underground Facilities)which are at or contiguous to 11 the site that have been utilized by City in preparation of the Contract Documents. 12 13 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 14 on request. Those reports and drawings may not be part of the Contract 15 Documents,but the "technical data"contained therein upon which Bidder is entitled 16 to rely as provided in Paragraph 4.02.of the General Conditions has been identified 17 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 18 responsible for any interpretation or conclusion drawn from any "technical data"or 19 any other data,interpretations,opinions or information. 20 21 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 22 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 23 exception the Bid is premised upon performing and furnishing the Work required by the 24 Contract Documents and applying the specific means,methods,techniques,sequences or 25 procedures of construction(if any)that may be shown or indicated or expressly required 26 by the Contract Documents,(iii)that Bidder has given City written notice of all 27 conflicts,errors,ambiguities and discrepancies in the Contract Documents and the 28 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 29 etc.,have not been resolved through the interpretations by City as described in 30 Paragraph 6.,and(iv)that the Contract Documents are generally sufficient to indicate 31 and convey understanding of all terms and conditions for performing and furnishing the 32 Work. 33 34 4.4.The provisions of this Paragraph 4,inclusive,do not apply to Asbestos,Polychlorinated 35 biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 36 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract 37 Documents. 38 39 5. Availability of Lands for Work,Etc. 40 41 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 42 access thereto and other lands designated for use by Contractor in performing the Work 43 are identified in the Contract Documents. All additional lands and access thereto 44 required for temporary construction facilities,construction equipment or storage of 45 materials and equipment to be incorporated in the Work are to be obtained and paid for 46 by Contractor. Easements for permanent structures or permanent changes in existing 47 facilities are to be obtained and paid for by City unless otherwise provided in the 48 Contract Documents. 49 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised August 21,2015 002113-5 INSTRUCTIONS TO BIDDERS Page 5 of 10 1 5.2.Outstanding right-0f--way,easements,and/or permits to be acquired by the City are listed 2 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 3 of-way,easements,and/or permits are not obtained,the City reserves the right to cancel 4 the award of contract at any time before the Bidder begins any construction work on the 5 project. 6 7 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 8 way,easements,and/or permits,and shall submit a schedule to the City of how 9 construction will proceed in the other areas of the project that do not require permits 10 and/or easements. 11 12 6. Interpretations and Addenda 13 14 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 15 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 16 received after this day may not be responded to. Interpretations or clarifications 17 considered necessary by City in response to such questions will be issued by Addenda 18 delivered to all parties recorded by City as having received the Bidding Documents. 19 Only questions answered by formal written Addenda will be binding. Oral and other 20 interpretations or clarifications will be without legal effect. 21 22 Address questions to: 23 24 City of Fort Worth 25 1000 Throckmorton Street 26 Fort Worth,TX 76102 27 Attn: Roberto C. Sauceda,P.E.,Water Department 28 Fax: 817-392-2559 29 Email:robert.saucedan.FortWorthTexas.gov 30 Phone: 817-392-2387 31 32 33 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 34 City. 35 36 6.3.Addenda or clarifications may be posted via Buzzsaw at 37 hgps://Droiectpoint.buzzsaw.com/client/fortworthizov/Infrastructure%2OProiects/100275 38 %20%20Villaae%20Creek%20Drainage%20Basin%20Sanitary%20Sewer%o20Rehabilit 39 ation 40 41 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 42 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 43 Project. Bidders are encouraged to attend and participate in the conference. City will 44 transmit to all prospective Bidders of record such Addenda as City considers necessary 45 in response to questions arising at the conference. Oral statements may not be relied 46 upon and will not be binding or legally effective. 47 48 7. Bid Security 49 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised August 21,2015 002113-6 INSTRUCTIONS TO BIDDERS Page 6 of 10 1 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 2 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 3 the requirements of Paragraphs 5.01 of the General Conditions. 4 5 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 6 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 7 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 8 default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 9 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 10 other Bidders whom City believes to have a reasonable chance of receiving the award 11 will be retained by City until final contract execution. 12 13 8. Contract Times 14 The number of days within which,or the dates by which,Milestones are to be achieved in 15 accordance with the General Requirements and the Work is to be completed and ready for 16 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 17 attached Bid Form. 18 19 9. Liquidated Damages 20 Provisions for liquidated damages are set forth in the Agreement. 21 22 10. Substitute and "Or-Equal" Items 23 The Contract,if awarded,will be on the basis of materials and equipment described in the 24 Bidding Documents without consideration of possible substitute or"or-equal"items. 25 Whenever it is indicated or specified in the Bidding Documents that a "substitute"or"or- 26 equal"item of material or equipment may be furnished or used by Contractor if acceptable to 27 City,application for such acceptance will not be considered by City until after the Effective 28 Date of the Agreement. The procedure for submission of any such application by Contractor 29 and consideration by City is set forth in Paragraphs 6.05A.,6.05B. and 6.05C. of the General 30 Conditions and is supplemented in Section 0125 00 of the General Requirements. 31 32 11. Subcontractors,Suppliers and Others 33 34 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 35 12-2011 (as amended),the City has goals for the participation of minority business 36 and/or small business enterprises in City contracts.A copy of the Ordinance can be 37 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 38 SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor 39 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 40 Venture Form as appropriate. The Forms including documentation must be received 41 by the City no later than 2:00 P.M. CST,on the second business days after the bid 42 opening date. The Bidder shall obtain a receipt from the City as evidence the 43 documentation was received.Failure to comply shall render the bid as non- 44 responsive. 45 46 11.2. No Contractor shall be required to employ any Subcontractor,Supplier,other person 47 or organization against whom Contractor has reasonable objection. 48 49 12. Bid Form 50 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised August 21,2015 002113-7 INSTRUCTIONS TO BIDDERS Page 7 of 10 1 12.1. The Bid Folin is included with the Bidding Documents;additional copies may be 2 obtained from the City. 3 4 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 5 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 6 the Bid Folin. A Bid price shall be indicated for each Bid item,alternative,and unit 7 price item listed therein. In the case of optional alternatives,the words'No Bid," 8 "No Change,"or'Not Applicable"may be entered. Bidder shall state the prices, 9 written in ink in both words and numerals,for which the Bidder proposes to do the 10 work contemplated or furnish materials required.All prices shall be written legibly. 11 In case of discrepancy between price in written words and the price in written 12 numerals,the price in written words shall govern. 13 14 12.3. Bids by corporations shall be executed in the corporate name by the president or a 15 vice-president or other corporate officer accompanied by evidence of authority to 16 sign. The corporate seal shall be affixed. The corporate address and state of 17 incorporation shall be shown below the signature. 18 19 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 20 partner,whose title must appear under the signature accompanied by evidence of 21 authority to sign. The official address of the partnership shall be shown below the 22 signature. 23 24 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 25 member and accompanied by evidence of authority to sign. The state of formation of 26 the firm and the official address of the firm shall be shown. 27 28 12.6. Bids by individuals shall show the Bidder's name and official address. 29 30 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 31 indicated on the Bid Form. The official address of the joint venture shall be shown. 32 33 12.8. All names shall be typed or printed in ink below the signature. 34 35 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 36 which shall be filled in on the Bid Form. 37 38 12.10. Postal and e-mail addresses and telephone number for communications regarding the 39 Bid shall be shown. 40 41 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 42 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 43 to State Law Non Resident Bidder. 44 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised August 21,2015 002113-8 INSTRUCTIONS TO BIDDERS Page 8 of 10 1 13. Submission of Bids 2 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 3 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 4 addressed to Purchasing Manager of the City,and shall be enclosed in an opaque sealed 5 envelope,marked with the City Project Number,Project title,the name and address of 6 Bidder,and accompanied by the Bid security and other required documents. If the Bid is sent 7 through the mail or other delivery system,the sealed envelope shall be enclosed in a separate 8 envelope with the notation"BID ENCLOSED"on the face of it. 9 10 14. Modification and Withdrawal of Bids 11 12 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office 13 cannot be withdrawn prior to the time set for bid opening. A request for withdrawal 14 must be made in writing by an appropriate document duly executed in the manner 15 that a Bid must be executed and delivered to the place where Bids are to be submitted 16 at any time prior to the opening of Bids.After all Bids not requested for withdrawal 17 are opened and publicly read aloud,the Bids for which a withdrawal request has been 18 properly filed may,at the option of the City,be returned unopened. 19 20 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 21 time set for the closing of Bid receipt. 22 23 15. Opening of Bids 24 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 25 abstract of the amounts of the base Bids and major alternates(if any)will be made available 26 to Bidders after the opening of Bids. 27 28 16. Bids to Remain Subject to Acceptance 29 All Bids will remain subject to acceptance for the time period specified for Notice of Award 30 and execution and delivery of a complete Agreement by Successful Bidder. City may,at 31 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 32 33 17. Evaluation of Bids and Award of Contract 34 35 17.1. City reserves the right to reject any or all Bids,including without limitation the rights 36 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 37 and to reject the Bid of any Bidder if City believes that it would not be in the best 38 interest of the Project to make an award to that Bidder,whether because the Bid is 39 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 40 meet any other pertinent standard or criteria established by City. City also reserves 41 the right to waive informalities not involving price,contract time or changes in the 42 Work with the Successful Bidder. Discrepancies between the multiplication of units 43 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 44 between the indicated sum of any column of figures and the correct sum thereof will 45 be resolved in favor of the correct sum. Discrepancies between words and figures 46 will be resolved in favor of the words. 47 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised August 21,2015 002113-9 INSTRUCTIONS TO BIDDERS Page 9 of 10 1 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 2 among the Bidders,Bidder is an interested party to any litigation against City, 3 City or Bidder may have a claim against the other or be engaged in litigation, 4 Bidder is in arrears on any existing contract or has defaulted on a previous 5 contract,Bidder has performed a prior contract in an unsatisfactory manner,or 6 Bidder has uncompleted work which in the judgment of the City will prevent or 7 hinder the prompt completion of additional work if awarded. 8 9 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers,and 10 other persons and organizations proposed for those portions of the Work as to which 11 the identity of Subcontractors,Suppliers,and other persons and organizations must 12 be submitted as provided in the Contract Documents or upon the request of the City. 13 City also may consider the operating costs,maintenance requirements,performance 14 data and guarantees of major items of materials and equipment proposed for 15 incorporation in the Work when such data is required to be submitted prior to the 16 Notice of Award. 17 18 17.3. City may conduct such investigations as City deems necessary to assist in the 19 evaluation of any Bid and to establish the responsibility,qualifications,and financial 20 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 21 organizations to perform and furnish the Work in accordance with the Contract 22 Documents to City's satisfaction within the prescribed time. 23 24 17.4. Contractor shall perform with his own organization,work of a value not less than 25 35%of the value embraced on the Contract,unless otherwise approved by the City. 26 27 17.5. If the Contract is to be awarded,it will be awarded to lowest responsible and 28 responsive Bidder whose evaluation by City indicates that the award will be in the 29 best interests of the City. 30 31 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 32 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 33 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 34 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 35 comparable contract in the state in which the nonresident's principal place of 36 business is located. 37 38 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 39 to be awarded,City will award the Contract within 90 days after the day of the Bid 40 opening unless extended in writing. No other act of City or others will constitute 41 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 42 the City. 43 44 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 45 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised August 21,2015 0021 13-10 INSTRUCTIONS TO BIDDERS Page 10 of 10 1 18. Signing of Agreement 2 When City issues a Notice of Award to the Successful Bidder,it will be accompanied by the 3 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 4 Contractor shall sign and deliver the required number of counterparts of the Agreement to 5 City with the required Bonds,Certificates of Insurance,and all other required documentation. 6 City shall thereafter deliver one fully signed counterpart to Contractor. 7 8 9 10 END OF SECTION CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised August 21,2015 003513-1 CONFLICT OF INTEREST AFFIDAVIT Page I or I I SECTION 00 35 13 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder,offeror,or respondent(hereinafter also referred to as"you")to a City of Fort Worth 5 (also referred to as"City")procurement are required to complete Conflict of interest 6 Questionnaire(the attached CIQ Form)and Local Government Officer Conflicts Disclosure 7 Statement(the attached CIS Form)below pursuant to state law.This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work.The referenced forms may be downloaded from the website links provided below. 10 11 httn t/wvywj .s( ie.�rt ( {rls/C10.pdf 12 13 bnD:I/MMw,Cth!o.g e.[X.goorttl IS.odf 14 15 CIQ Form is on file with City Secretary 16 17 CIQ Form is being provided to the City Secretary 18 19 CIS Form is on File with City Secretary 20 21XD CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 27 PM Construction&Rehab,LLC By: Christi A s 28 Company (P as rint) 29 30 131 N.Richey Signature: 31 Address 32 33 Pasadena,Texas 77506 Title: Genera!Manager 34 City/State/Zip (Please Print) �� 35 36 37 END OF SECTION CITY OF FOR"r WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 100273 Revised March 27.2012 00 41 00 BID FORM Page 1 of 3 SECTION 00 4100 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: VILLAGE CREEK SANITARY SEWER REHABILITATION PART A City Project No.: 100275 Units/Sections: SANITARY SEWER 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1 In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent,collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. 'corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels, or(c)to deprive City of the benefits of free and open competition. c. 'collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non- competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 00 41 0000 43 13_00 42 43_00 43 37_00 45 12_00 35 13 Bid Proposal Workbook 00 41 00 BID FORM Page 2 of 3 d. "coercive practice" means harming or threatening to harm,directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Sanitary Sewer Line Rehabilitation 4. Time of Completion 4.1, The Work will be complete for Final Acceptance within 120 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 'If necessary,CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items Total Base Bid CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook 004100 BID FORM Page 3 of 3 Total Bid f I,9 a,811.o0 7. Bid Submittal This Bid issub I ed on ;July12 by the entity named below. Respectfully tted, Receipt is acknowledged of the Initial following Addenda: By; Addendum No. 1:6/2112017 "(Signaturev Addendum No.2:6/22/2017 Addendum No. 3: 6/30/2017 Christian Abels Addendum No,4:7/6/2017 (Printed Name) Title: General Manager Company: PM Construction&Rehab, LLC Corporate Seal: Address: 131 N. Richey Pasadena, Texas 77506 State of Incorporation: N/A Email: tiongateamior.com Phone: 832-252-4800 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 Copy of 00 41 00_00 43 13_00 42 43 00 43 37_00 45 12 00 35 13_Bid Proposal Workbook A Addendum 4 00 a2 u BID PROPOSAL Plc 1 of l SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project limn Infomunon Bidder's Proposal Brdhst hem SPCCific&im Unit Of Bid No. Dcwnpti n Section No. Measure Quwniy Unit Price BW Value to 54"SS CIPP liner 333112 LF 1020 1 b 54"SS GwVotymer Liner System 33 31 01 LF 1020 $305.00 $311,100.00 2 39"SS CIPP Liner 3331 12 LF 5980 $195.00 $1166.100,00t 3 Install New 8"Sewer Line 33 31 20 LF 50 $280.00 $14 000.00 4 Remove 6"Sewer Line 0241 14 LF 50 $1.00 $50.00 5 Remove&Rebtace Existing Cone,King and Cover on 4'MH 330513 EA 5 $3,500.00 $t 7 500.00 6 Remove&Replace Existing Cone,Ring and Cover on'Type A"MH 330513 EA 1 $4,750.00 $4,750.00 7 Remove&Replace Existing Cone,Ping and Cover and Install Transition Pad on 4'Brick MH 330513 EA 3 $6,300.00 $18,900.00 8 Remove&Replace Existing Ring and Cover on MH 33 05 13 EA 4 $2,050.00 $8,200.00 9 Structural Manhole Liner System 33 39 60 VF 250 $375.00 $93,750.00 10 Install New Standard 4'Manhole 33 39 20 EA 2 $9,800.00 $19.600.DO 11 4'Manhole Extra Depth 33 39 10 VF 10 $575.00 $5,750,00 12 Remove 4'Manhole 0241 14 EA 1 110.00 $11000 13 Trench Safety 330510 LF 1 50 $22.00 $1,100.00 14 Remove and Replace Concrete Collar 33 05 17 EA 1 $1,660.00 $1.6-50.00 15 Pre-Construction CCN Inspection 33 01 31 LF 7050 57.00 $49,350.00 16 Post CCN Inspection 33 01 31 LF 7050 $1.00 $7.050,00 17 Manhole Vacuum Testing 33 01 30 EA 2 .00 $1.200.001 18 Construction Slaking 01 7123 LS 1 $1.00 $100 19 Construction GPS&As-Built Survey 01 7123 LS 1 $15,000.00 $15,000.00 20 Bypass Pumping 33 03 10 LS 1 $50,000.00 $50,13W.00 21 Asphalt Pavement Repair,Residential 3201 17 SY 250 $80.00 $20,000.00 22 4"Service Connection 3331 50 EA 1 $1.6%.00 $1,650.00 23 Trait Control 3471 13 MO4 S19 000.00 $78,00000 24 Mobilization 01 7000 LS 1 20 000.00 20 000.00 25 Allowance LS 1 $70,000.001 $70,000001 "total Amount Bid $1.972,811.00 END OF SECTION MY OF FORT WORTH STANDARD CONSTRUCI ON SPeCIFCATION 00CUWW13 Four krn d 20130170 Capp of 00 41 00_00 4)1)_0042 43 00 43 37_00 45 12 00 33 13 Bid Propo.l wakbaok-Add.W—4 00 43 13 BID BOND Page 1 of 3 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we,(Bidder Name) PM Construction&Rehab, LLC hereinafter called the Principal,and(Surety Name) Arch Insurance Company a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the City of Fort Worth, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid and No/100 Dollars ($ 5% .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 VILLAGE CREEK SANITARY SEWER REHABILITATION PART A 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. NED this 2 day of June ,2017. By: P ns Wtion& eh LLC r r� RloAs (Signature and Title of Principal) 'By: Arch Insurance Company Victori4 Parkerson (Signature of Attorney-of-Fact) 'Attach Power of Attorney(Surety)for Attomey-in-Fact Impressed Surety Seal Only END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 City of Fort Worth Village Creek SSR.,Owners Form(002) py AIC 0000214202 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND. manner and to the extent heroin-- Not valid for Mortgage, Nome, '4�vh L tt hof C dit, B the Company except A#t6, This ower of Attorney Omits _ ac#s 6f thaw named herein, and t(�i�y lea ,Letter of Credit, Bank Depostf,��ne►►Cy<�?i�te, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY -- i ►w i fnM These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City,New Jersey(hereinafter referred to as the"Company")does hereby appoint: Diane Moraski, Hilda Muratori, JetiWO, Jga►fmbrowski, Mariorf R Va1, ftbss$II M. nterbury and Voartsoitr� _ Far-mington,CT(EACH) its true and lawful Attomey(s)in-Fact,to make,execute,seal,and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Ninety Milton Dollars 90 g nia,hces and other Surety obligations inhape�l sltmtscceeding Any end all bonds;undertakings, rebad� _ This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, under lCitr .reco rnz es and other surety obligations nce of these piresents halt bees binding apofi the said Compan a Nulty and amply to all intents and purposes, as if tFNe slime had been ut r x 4 acknowledged by its regularly elected officers at its principal administrative office in Jersey City,New Jersey. --_ - This Power of Attorney Is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and-are-hereby certified to by the undersigned Sbordary as beti g in full force and effect: _ "F TETT; hat the Chairman of the Beard,the President, or the Executive -1 bsidetrt,or any Senior Vice President,of the Surety Business Division, or their appointees designated in writing and riled with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney,to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, reoognizances and other surety obligations obligatory 1n34eMtur6 thereof,and any such officers of the Company may appoint agents for acceptance of process." -- -— This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15,2011: VOTED,That thQ signature of the Chairman of the Board,the President,or the Executive Vice President,or any Senior vice President, of-the Surety Business Division, i'' their appointees designated In writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attomey or bond executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. AIC 0000214202 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 1C day of Aoril,2017. Attested and Certified Arch Insurance Company 9000 CO WZKOMTE 34 U sm aj-- Patdck K.Nails,Secretary David M. RnTeTsteln, Executive Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri,subscribed to the foregoing instrument,appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. 8MM NyYEAi. V/WIA NOTAR1At,SEAL HELEN SZAFRML Kw"Pj* MYCitpcfPt>fade PN1k Ph"'bur � 4cmt>!r 3,201 T elen Szafran, N tary ubli My commission expires 10/03/2017 CERTIFICATION I,Patrick K.Nails,Secretary of the Arch Insurance Company,do hereby certify that the attached Power of Attorney dated April 18.2017 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attomey the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 1 i sr day of .Tuna ,20j--?—. 4&d Patrick K.Nails, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance—Surety Division IVY C 3 Parkway,Suite 1500 b Philadelphia,PA 19102 WKK71iATE stx 1971 OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. IMPORTANT NOTICE TO ALL TEXAS POLICYHOLDERS IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint. Para obtener informacion o para someter una queja: You may call Arch Insurance Group's toll-free Usted puede Ilamar al numero de telefono gratis telephone number for information or to make a de Arch Insurance Group para informacion o complaint at: para someter una queja al: 1-866-413-5550 1-866-413-5550 You may also write to Arch Insurance Group at- Usted tambi6n puede escribir a Arch Insurance Group. Arch Insurance Group Arch Insurance Group Harborside 3 Harborside 3 210 Hudson Street,Suite 300 210 Hudson Street,Suite 300 Jersey City,NJ 07311.1107 Jersey City,NJ 07311-1107 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informaclon coverages, rights or complaints at: acerca de companies, coberturas, derechos o quejas al. 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Puede escribir al Departamento de Seguros de Insurance: Texas: P.O. Box 149091 P.O.Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 Fax:(512)490-1007 Fax:(512)490-1007 Web:http:/Awm.tdi.texes.gov Web:http!/hvww.Wi.texas.gov E-mail:ConsumerPrMadion®tdi.texas.gov E-mail:ConsumerPmtecdon@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si bene una disputa concemiente a su prima o a premium or about a claim you should contact un reclamo, debe comunicarse con el Arch the Arch Insurance Group first. If the dispute is Insurance Group primero. Si no se resuelve la not resolved, you may contact the Texas disputa, puede entonces comunicarse con el Department of Insurance, departamento(TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es This notice is for information only and does not solo para proposito de informacion y no se become a part or condition of the attached convierte en parte o condicion del documento document. adjunto. 00 ML0042 44 04 16 Page 1 of 1 Texas Department of Insurance (0 CectlfcatcNo, 13253 COmpanyNo. 08-093922 CergBcate of Authority TTM(S ro CF.RTI Y THAT ARCH INSURANCE COMPANY rtANSks CITY, MISSOURI bas complied with the lean of the State of Tom applicable thoeeco ad is bm*authorized to avmnct the bµsiueas of Fire; Allied Coverages; Bail-growing crops only; Stains Inland Mariner ocean Marine; Aircraft- -Liability & Physical Damage: Accident; Health; Workers, Compensation & EMpioyers' Liability; Employers' Liability; Automobile--Liability & Physical namagar Liability other than Automobile; Fidality 6 Surety; Olasel Burglary a Theft; Forgeryi Boiler & Machinery; Credit:; Livestock and Reinsurance on all lines authorized to be written on a direct basis iwun=o widds tbs late of Texas. TWs Cerdfiosta of Andwity scall be hx M force and effect =dl it is nwked,canceled or suspended socordi*to taw. W TESTIMONY Wi&uoF.whoa my tawd aad scat of Oirwe a<Amort~Taxa.dde r t y 21st A.,,o{ November An. 2002 , 4 JOB$MONnWAYOR „ C SiONM OF 24SURANCE f BY Godwin Ofiwhtd,DuaKor Company aiming do Rcgistmtkm 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 or 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business 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. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. 7 BIDDER: PM Construction &Rehab, LLC risti Abels r � 131 N. Richey (Signatgej Pasadena, Texas 77506 _- Title: General Manager Date: 12-Jul-17 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 Copy of 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12 00 35 13 Bid Proposal Workbook-Addendum 4 004511-1 BIDDERS PREQUALIFICATIONS Page 1 of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary.All contractors are required to be prequalified by the City prior to submitting 5 bids. To be eligible to bid the contractor must submit Section 00 45 12,Prequalification 6 Statement for the work type(s)listed with their Bid. Any contractor or subcontractor who is 7 not prequalified for the work type(s)listed must submit Section 00 45 13,Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and 11 financial analysis of the contractor.The information must be submitted seven(7)days prior 12 to the date of the opening of bids. For example,a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31 st day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application,the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements,if any 22 b. A certified copy of the firm's organizational documents(Corporate Charter,Articles 23 of Incorporation,Articles of Organization,Certificate of Formation,LLC 24 Regulations,Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts.To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taxt)ermit/and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun&Bradstreet. This number 33 is used by the City for required reporting on Federal Aid projects. The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification.These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements. Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised July 1,2011 004511-2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory,the financial statements must be audited or reviewed 2 by an independent,certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual,corporation,or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not,in fact,independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1)express an unqualified opinion,or(2)express a qualified 18 opinion on the statements taken as a whole. 19 ( ) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter,in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital=current assets—current 26 liabilities)by a factor of 10.Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared,the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequaliftcation Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report,the notation of 37 "None"or"N/A"should be inserted. 38 (2) A minimum of five(5)references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer,model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject,suspend,or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised July 1,2011 004511-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter,the contractor will be eligible to bid 2 the prequalified work types until the expiration date stated in the letter. 3 4 5 6 7 8 END OF SECTION 9 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised July 1,2011 00 45 12 BID FORM Page 1 of 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s)listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Sanitary Sewer Line PM Construction& Rehab, LLC 4/30/2018 Rehabilitation The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: PM Construction & Rehab, LLC /istian A Is 131 N. Richey _ (Sign tCire) Pasadena,Texas 77506 Title. General anager Date: 12-Jul-17 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 Copy of 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook-Addendum 4 FORT WORTH SECTION 00 4513 BIDDER PREQUALIFICATION APPLICATION Date of Balance Sheet Mark only one: Individual Limited Partnership Name under which you wish to qualify General Partnership Corporation Limited Liability Company Post Office Box City State Zip Code Street Address(required) City State Zip Code Telephone Fax Email Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No. (if applicable) MAIL THIS QUESTIONAIRE ALONG WITH FINANCIAL STATEMENTS TO: CITY OF FORT WORTH TEXAS 1000 THROCKMORTON STREET FORT WORTH,TEXAS 76102-6311 AND MARK THE ENVELOPE: "BIDDER PREQUALIFICATION APPLICATION" 004513-2 BIDDER PREQUALIFICATION APPLICATION Page 2 of 8 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s)which are applicable—Block 3 is to be left blank if Block 1 and/or Block 2 is checked) F] Has fewer than 100 employees and/or F] Has less than$6,000,000.00 in annual gross receipts OR FIDoes not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. MAJOR WORK CATEGORIES Water Department Augur Boring-24-inch diameter casing and less Augur Boring-Greater than 24-inch diameter casing and greater Tunneling—36-Inches—60—inches,and 350 LF or less Tunneling-36-Inches—60—inches,and greater than 350 LF Tunneling—66"and greater,350 LF and greater Tunneling—66"and greater,350 LF or Less Cathodic Protection Water Distribution,Development, 8-inch diameter and smaller Water Distribution,Urban and Renewal,8-inch diameter and smaller Water Distribution,Development, 12-inch diameter and smaller Water Distribution,Urban and Renewal, 12-inch diameter and smaller Water Transmission,Development,24-inches and smaller Water Transmission,Urban/Renewal,24-inches and smaller Water Transmission,Development,42-inches and smaller Water Transmission,Urban/Renewal,42-inches and smaller Water Transmission,Development,All Sizes Water Transmission,Urban/Renewal,All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches—53-inches Sewer Bypass Pumping 54-inches and larger CCTV,8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV,24-inches and smaller CCTV,42-inches and smaller CCTV,54-inches and smaller CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 004513-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES,CONTINUED Sewer CIPP, 12-inches and smaller Sewer CIPP,24-inches and smaller Sewer CIPP,54-inches and smaller Sewer CIPP,All Sizes Sewer Collection System,Development,8-inches and smaller Sewer Collection System,Urban/Renewal, 8-inches and smaller Sewer Collection System,Development, 12-inches and smaller Sewer Collection System,Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development,24-inches and smaller Sewer Interceptors, Urban/Renewal,24-inches and smaller Sewer Interceptors, Development,42-inches and smaller Sewer Interceptors, Urban/Renewal,42-inches and smaller Sewer Interceptors, Development,54-inches and smaller Sewer Interceptors, Urban/Renewal, 54-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement,All Sizes Sewer Cleaning,24-inches and smaller Sewer Cleaning ,42-inches and smaller Sewer Cleaning,All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction(LESS THAN 15,000 square yards) Asphalt Paving Construction/Reconstruction(15,000 square yards and GREATER) Asphalt Paving Heavy Maintenance(UNDER$1,000,000) Asphalt Paving Heavy Maintenance($1,000,000 and OVER) Concrete Paving Construction/Reconstruction(LESS THAN 15,000 square yards) Concrete Paving Construction/Reconstruction(15,000 square yards and GREATER) Roadway and Pedestrian Lighting CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 004513-4 BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 1. List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present name? List previous business names: 3. How many years of experience in construction work has your organization had: (a) As a General Contractor: (b)As a Sub-Contractor: 4. *What projects has your organization completed in Texas and elsewhere? CLASS LOCATION NAME AND DETAILED CONTRACT OF DATE CITY-COUNTY- ADDRESS OF OFFICIAL TO AMOUNT WORK COMPLETED STATE WHOM YOU REFER *If requalifying only show work performed since last statement. 5.Have you ever failed to complete any work awarded to you? If so,where and why? 6.Has any officer or owner of your organization ever been an officer of another organization that failed to complete a contract? If so,state the name of the individual,other organization and reason. 7.Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so,state the name of the individual,name of owner and reason. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 004513-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 8. In what other lines of business are you financially interested? 9. Have you ever performed any work for the City? If so,when and to whom do you refer? 10. State names and detailed addresses of all producers from whom you have purchased principal materials during the last three years. NAME OF FIRM OR COMPANY DETAILED ADDRESS 11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. 12. What is the construction experience of the principal individuals in your organization? PRESENT MAGNITUDE POSITION OR YEARS OF AND TYPE OF IN WHAT NAME OFFICE EXPERIENCE WORK CAPACITY 13. If any owner,officer,director,or stockholder of your firm is an employee of the City,or shares the same household with a City employee,please list the name of the City employee and the relationship. In addition,list any City employee who is the spouse,child,or parent of an owner,officer,stockholder,or director who does not live in the same household but who receives care and assistance from that person as a direct result of a documented medical condition. This includes foster children or those related by adoption or marriage. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 004513-6 BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: If a partnership: Date of Incorporation State of Organization Charter/File No. Date of organization President Is partnership general,limited,or registered limited liability partnership? Vice Presidents File No. (if Limited Partnership) General Partners/Officers Secretary Limited Partners(if applicable) Treasurer LIMITED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No. Individuals authorized to sign for Partnership Officers or Managers(with titles,if any) Except for limited partners,the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised.Should you wish to grant signature authority for additional individuals,please attach a certified copy of the corporate resolution, corporate minutes,partnership agreement,power of attorney or other legal documentation which grants this authority. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 004513-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 14. Equipment $ TOTAL BALANCE SHEET ITEM QUANTITY ITEM DESCRIPTION VALUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Various- TOTAL Similar types of equipment may be lumped together.If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as "various". The City,by allowing you to show only 30 types of equipment,reserves the right to request a complete,detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification.In the description include,the manufacturer, model,and general common description of each. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 004513-8 BIDDER PREQUALIFICATION APPLICATION Page 8 of 8 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given;that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information,while this statement is in force,necessary to verify said statement. being duly sworn, deposes and says that he/she is the of , the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition;that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this day of Notary Public Notary Public must not be an officer,director,or stockholder or relative thereof. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of I 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. 100275.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 1 I PM Construction&Rehab,LLC 13y:_. Chri an *Pri 12 Company ( ea13 14 131 N.Richey Signature' 15 Address 16 17 Pasadena,Texas 77506 Title: General Manager 18 City/Stabe%Lip (Please Print) 19 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF+ARM4T Harris § 24 25 BEFORE ME,the undersigned authority,on this day personally appeared 26 sac Ong ,known to me to be the person whose name is 27 subscribed to the foregoing instrument,and acknowledged to me that he/she executed the same as 28 the act and deed of PM Construction a Rehab,LLC for the purposes and 29 consideration therein expressed and in the capacity therein stated. 30 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12th day of 32 duty ,2017. 33 34 35 36 �4tMEir — Notary Public in mid-or the State of Texas 0381. C 37 Z 38 =F=- °z k END OF SECTION CO 39 .� EXp• `��`. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 100275 Revised July 1,2011 004540-1 Minority Business Enterprise Specifications Page 1 of 2 1 SECTION 00 45 40 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 8%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 follo«ing rimes 29 allocated,in order for the entire bid to be considered responsive to the specifications. The Offeror shall 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 time 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. 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 oal: 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 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised June 9,2015 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 VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised June 9,2015 005243-1 Agreement Page 1 of 5 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on 8 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 PM Construction& Rehab. LLC, authorized to do business in Texas,acting by and 6 through its duly authorized representative, ("Contractor'). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1.WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 VILLAGE CREEK SANITARY SEWER REHABILITATION PART A 16 Sewer Project No.59607-0700430-100275-1780 17 City Proiect No.100275 18 19 Article 3. CONTRACT TIME 20 3.1 Time is of the essence. 21 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 22 Documents are of the essence to this Contract. 23 3.2 Final Acceptance. 24 The Work will be complete for Final Acceptance within 120 days after the date when the 25 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that City will 28 suffer financial loss if the Work is not completed within the times specified in Paragraph 29 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 30 General Conditions. The Contractor also recognizes the delays, expense and difficulties 31 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 32 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 33 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 City One Thousand Dollars ($1.000.00)for each day that expires after the time specified 35 in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 36 Acceptance. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100275 Revised January 6,2017 005243-2 Agreement Page 2 of 5 37 Article 4.CONTRACT PRICE 38 City agrees to pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds of One Million Nine Hundred Seventy-Two Thousand 40 Eight Hundred Eleven Dollars($1,972,811.00). 41 Article 5.CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 A. The Contract Documents which comprise the entire agreement between City and 44 Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 2. Attachments to this Agreement: 47 a. Bid Form 48 1) Proposal Form 49 2) Vendor Compliance to State Law Non-Resident Bidder 50 3) Prequalification Statement 51 4) State and Federal documents (project specific) 52 b. Current Prevailing Wage Rate Table 53 c. Insurance ACORD Form(s) 54 d. Payment Bond 55 e. Performance Bond 56 f. Maintenance Bond 57 g. Power of Attorney for the Bonds 58 h. Worker's Compensation Affidavit 59 i. MBE and/or SBE Commitment Fo' 'S r� 60 j. Form 1295 Certification No. 61 3. General Conditions. 62 4. Supplementary Conditions. 63 5. Specifications specifically made a part of the Contract Documents by attachment 64 or, if not attached, as incorporated by reference and described in the Table of 65 Contents of the Project's Contract Documents. 66 6. Drawings. 67 7. Addenda. 68 8. Documentation submitted by Contractor prior to Notice of Award. 69 9. The following which may be delivered or issued after the Effective Date of the 70 Agreement and,if issued,become an incorporated part of the Contract Documents: 71 a. Notice to Proceed. 72 b. Field Orders. 73 c. Change Orders. 74 d. Letter of Final Acceptance. 75 76 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised January 6,2017 00 5"4 - � AgrCement Pser of 5 77 Article 6.INDEMNIFICATION 78 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 79 expense, the city, its officers, servants and employees, from and against any and all 80 claims arising out of, or alleged to arise out of,the work and services to be performed 81 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 82 under this contract. This indemnification provision is specifically intended to overate 83 and be effective even if it is alleged or proven that all or some of the damages being 84 sought were caused,in whole or in part, by any act, omission or negligence of the city. 85 This indemnity provision is intended to include, without limitation, indemnity for 86 costs,expenses and legal fees incurred by the city in defending against such claims and 87 causes of actions. 88 89 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 90 the city,its officers,servants and employees,from and against any and all loss,damage 91 or destruction of property of the city,arising out of,or alleged to arise out of,the work 92 and services to be performed by the contractor, its officers, agents, employees, 93 subcontractors, licensees or invitees under this contract. This indemnification 94 provision is svecifically intended to operate and be effective even if it is alleged or 95 vroven that all or some of the damages being sought were caused, in whole or in part, 96 by any act,omission or negligence of the city. 97 98 Article 7.MISCELLANEOUS 99 7.1 Terms. 100 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 101 have the meanings indicated in the General Conditions. 102 7.2 Assignment of Contract. 103 This Agreement, including all of the Contract Documents may not be assigned by the 104 Contractor without the advanced express written consent of the City. 105 7.3 Successors and Assigns. 106 City and Contractor each binds itself, its partners, successors, assigns and legal 107 representatives to the other party hereto, in respect to all covenants, agreements and 108 obligations contained in the Contract Documents. 109 7.4 Severability. 110 Any provision or part of the Contract Documents held to be unconstitutional, void or 111 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 112 remaining provisions shall continue to be valid and binding upon CITY and 113 CONTRACTOR. 114 7.5 Governing Law and Venue. 115 This Agreement, including all of the Contract Documents is performable in the State of 116 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 117 Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100275 Revised January 6,2017 005243-4 Agreement Page 4 of 5 118 7.6 Other Provisions. 119 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 120 classified, promulgated and set out by the City, a copy of which is attached hereto and 121 made a part hereof the same as if it were copied verbatim herein. 122 7.7 Authority to Sign. 123 Contractor shall attach evidence of authority to sign Agreement, if other than duly 124 authorized signatory of the Contractor. 125 126 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised January 6,20I7 005243-5 Agreement Page 5 of 5 127 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 128 counterparts. 129 130 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 131 Contractor: PM Construction&Rehab,LLC City of Fort �-- By: Jesus J. Chapa By: Assistant City Manager (Signature) Date $ac Or,-, Attesgra ORT (Printed Name) City Q (Seal) 1,,; -70� Title: 5er\%gr (xclarc�\ V\ ,t�Wr - 1 U Address: 131 N. Richey M&C 4 Date: — I Z- City/State/Zip: Pasadena,TX 77506 Contract Compliance Manager: By signing,I acknowledge that I am the person responsible for the monitoring and Date administration of this contract,including ensuring all performance and reporting requirements.5i�z 4r� oberto S eda,P.E. SENIOR PROFESSIONAL ENGINEER Approved to Form and Legality: Douglas . Black Senior Assistant City Attorney 132 133 134 APPROVAL RECOMMENDED: 135 13 1377 y 1�•. 138 Chris der,P.E. 139 ASSISTANT DIRECTOR, 140 WATER DEPARTMENT OFFICIAL RECORD 141 CITY SECRETARY FT.WORTH,TX CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 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 Wade Gibson—General Manner Title JQtember 20. 2017 Date 006113-I PERFORMANCE BOND Page 1 of 2 1 SECTION 00 61 13 Bond No.SU 1145898 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, PM Construction& Rehab.LLC,known as"Principal"herein and B Arch Insurance Company ,a corporate surety(suretics,if more than 9 one)duly authorized to do business in the State of Texas,known as"Surely"herein(whether one IO or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created I 1 pursuant to the laws of Texas,known as"City"herein,in the penal sum of,Qjc Million Nine 12 Hundred Severity-Two Thousand!right Hundred Eleven Dollars(51.972.811.00),lawful money 13 of the United States,to be paid in Fort Worth,Tarrant County,Texas for the payment of which 14 sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors 15 and assigns,jointly and severally,firmly by these presents. 16 WHEREAS,the Principal has entered into a certain written contract with the City 17 awarded the_L'o-0 day of S:J:M 5*� 20_17 which Contract is hereby referred to and 18 made a part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment 19 labor and other accessories defined by law,in the prosecution of the Work,including any Change 20 Orders,as provided for in said Contract designated as VILLAGE CREEK SANITARY 2.1 SEWER REH BILI ATf N PART A.Striver PrAw Pr ' No.59607A700430-100275-1780. 22 City Proiect No. 100275 23 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 24 shall faithfully perfornm it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work,including Change Orders,under the Contract,according to the plans, 26 specifications,and contract documents therein referred to,and as well during any period of 27 extension of the Contract that may be granted on the part of the City,then this obligation shall be 28 and become null and void,otherwise to remain in full force and effect. 29 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 30 Tarrant County,Texas or the United Slates District Court for the Northern District of Texas,Fort 31 Worth Division. effY or I;oRT WnRTI{ VII.i.AGECREEK SANrrARY SEMER REVIABII.rrATION PART A S1•ANDARD CONSTRUCTION SPI•:CIFICA1ION DOCUNIF,NI'S City Project Na 1110275 Revised July 1,2011 0061 13-2 PERFORUTANCE BOND Page 2 of 2 1 This bond is made and executed to compliance with the provisions of Chapter 2253 of the 2 Texas Goverment 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 —,- day of 6 �5c#�eonb.r ,20 7 7 PRINCIPAL: 9 10 11 BY 12 Signature 13 ATTEST. 14 15 Bac Ong-Senior General Manager 16 (Principal)Secretary Name and Title 17 18 Address: 131 N Ridwy-__ 19 Pam.IX 77506 1 21 22 4Camss as tai Principal 23 SURFT Y 24 Arch Insurance Company 25 26 27 BY 28 S tore 29 30 Victoria Parkerson,Attorney-in-14cf- 31 Nitrite and Title 32 33 Address. 3 Parkway,Ste 1500 34 PUaddRhia,PA 19102 35 J 36 J 37 ttncss as to Surety Dane Moraski Telephone Number. 215-606-1600 38 39 40 41 *Note: If signed by an officer of the Surety Company,there must be on file a cortified 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 1VORTII VILLAGE CREEK SANITARY SEWER REMABtL MHON PART A STANr)ARD CONS'1RUC'HON SPECII71CA1'ION DOCUMENTS City Projeot No.100275 Revised July 1.2011 0061 14•1 PAYWN'I BOND Page 1 of 2 1 SECTION 00 61 14 Bond No.SU 1145898 2 PAYMENT BOND 3 4 THE STATE OF TEXAS 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, PM Construgion & F&hab,_ LLC, known as `'Principal" herein, and 8 Arch Insurance Company a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, iulown as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth., a municipal I I corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of One Million Ning Hl nt dred,Samu% „Two Thousand gigbt Hu11� love0 Dalian; 13 ($1,972.811.001, lawful money of the United States, to be paid in Fort Worth, Tarrant County, 14 Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, 15 executors,administrators,successors and assigns,jointly and severally,firmly by these preseuts: 16 WHEREAS, Principal has entered into a certain written Contract with City,awarded the 17 _day of Sl0 20 17 , which Contract is hereby referred to and 18 made a part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment, 19 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 20 said Contract and designated as VILLAGE CREEK SANITARY SEVER 21 H t ATIO N PA RT A wrer ro N .5 6 -07 30-100275-1780 Ci P ru'ec 22 No. 100275, 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined un 25 Chapter 2253 of the Texas Government Code; as amended) in the prosecution of the Work under 26 the Contract,then this obligation shall be and become null and void;otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 MY OF FORT'WORTH VILLAGE CREEK SANITAR Y SI? ER REHABILITATION PART A S1 ANDARD CONS'I'RUC1'ION SPECII-'!CATION DOCU,URNTS City Rojcul No.100275 Reviacd July 1.2011 006114-2 PAYWNTAOND Page 2 ot'2 I IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the day of 3 Se4&f-1Abdr 2017 4 PRINCIPAL: EM Construction&Rc Abb.LLC ATTEST: BY: 5iginaturc Bac Ong-Senior General Manager (Principal)Secretary Name and Title Address:131 N. Richov Poadona.TX 7750 fitness SURETY Arch Insurance Company ATTEST: BY. Signal e Victoria Parkerson,Attorney-in-Fact (Suret43M�"HiI6 Muratori Name and Title Address: 3 Parkway,Ste 1500 v O Philadelphia, 1 9102 itness as to Surct,_; D ane oraski Telephone Number: 215-606-1600 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from die 7 bylaws showing that this person has authority to sign such obligation. If Surcly's physical 8 address is diffcreiit 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 C frY OF FORT'WORTH VILLAGE CREEK SANUARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICA7110N DOCUIIdEMS City Prgcat No.100275 Revised July 1.2011 0061 19-1 MAINTENANCE BOND Page I or 3 1 SECTION 00 61 19 Bond No.SU1145898 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we,PMC+2 ststruelion&Rehab.LLC,known as"Principal"herein acid 9 Arch Insurance Company ,a corporate surety(sureties,if more than 10 one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether one I I or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created 12 pursuant to the laws of the State of Texas,known as"City"herein,in the sum of One Million 13 Ning Rumhyd SoyenLy4wo ThoujmW Eight Hundred El ,lawful 14 money of the United States,to be paid in Fort Worth,Tarrant Cowtty,Texas,for payment of 15 which sum well and truly be made unto the City and its successors,we bind ourselves,our heirs, 16 executors,administrators,successors and assigns,jointly and severally,firmly by these presents. 17 18 WHEREAS,the Principal has entered into a certain written contract with the City awarded 19 the-UP-day of Sviz-n 6 ,20 17,which Contract is hereby 20 referred to and a made part hereof for all purposes as if fully set forth herein,to furnish all 21 materials,equipment labor and other accessories as defined by law,in the prosecution of the 22 Work,including any Work resulting from a duly authorized Change Order(collectively herein, 23 the"Work")as provided for in said contract and designated as YILIA—GE CREEK SANITARY 24 SEWER REHABILITA�'ION PART A.Sewer Proiect Log,59607.EO0431�,18027S-17A0. 25 City ProWet.No.100275;and 26 27 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans,specifications and Contract Documents that the Work is and will 29 remain free from defects in materials or workmanship for and during the period of two(2)years 30 after the date of Final Acceptance of the Work by the City("Maintenance Period");and 31 32 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 33 upon receiving notice from the City of the need therefor at any time within the Maintenance 34 Period. crry OF FORT WORXII VII.LAGF.CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SYICCIIVICA'rION DOCUMENTS City Project No, 100275 Revised July 1,2011 006119-2 MAMENANC1:BOND Page 2 of 3 1 2 NOW THEREFORE,the condition of this obligation is such that if Principal shall 3 remedy any defective Work,for which timely notice was provided by City,to a completion 4 satisfactory to the City,then this obligation shall become null and void;otherwise to remain in 5 full force and effect. 6 7 PROVIDED,HOWEVER, ii'Principal shall fail so to repair or reconstruct any timely 8 noticed defective Work,it is agreed that the City may cause any and all such defective Work to 9 be repaired and/or reconstructed with all associated costs thereof being bonne by the Principal and 10 the Surety under this Maintenance bond;and 11 12 PROVIDED FURTHER,that if any legal action be tiled on this Bond,venue shall lie in 13 Tarrant County,Texas or the United States District Court for the Northern.District of Texas,Fort 14 Worth Division;and 15 16 PROVIDED FURTHER,that this obligation shall be continuous in nature and 17 successive recoveries may be had hereon for successive breaches. 18 19 20 CrrY OF FORT WORTH VU.AGE CREW SANUARY SEWER RMIABUATATION PART A STAM7ARD CONSTRUCTION SPLCIFICATION DOCUMENTS City Project,fo,100775 Revised July 1.201 l C 006119-3 MAINIEMANCE BOND Pege 3 of 3 1 1N WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the � % day of 3 Sp�eMg� ,20 17. —. 4 5 PRINCIPAL: 6 PM Consuy tion&Rohi&G1..t:: 7 S lU wa 11 ATTEST: 12 13 Bac Ong-Senior General Manager 14 (Principal)Secretary Name and Title 15 16 Address: 131 N,Richey 17 Easadona,TX 7750 1819 � 20 ness as to Principal 21 SURETY; 22 Arch Insurance Company 23 24 _ 25 BY. ; i lure 27 28 Victoria Parkerson,Attorney-in-Tvicr 29 :1 '1';:57: Name and Title 30 31 Addreas. 3 Parkway,Ste 1500 32 MAW Hilda Muratori PhiladjelphiadA 19102 33 34 J a 35 iines.s as to Surety 1 ne oras Telephone Nwnber: 215-606-1600 36 37 *Note: It stgned by an officcr of the Surety Company,thore trust be on file a testified extract 38 fmin the by-laws showing that this person has authority to sign such obligation. if 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CrrY OF FORT WORTH VILLAGE CREEK SANITARY SEWFR RI?IIABUATATIUN PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Fhojeot No,100275 Revised July L 2011 AIC 0000214459 THIS POWER OFATTORNEY IS NOT VALID UNLESS ITIS PRINTED ON BLUE BACKGROUND. This Power of Attorney limits th"M of those named herein, and they have no,authority to bind the Company except in manner and to the extent herein stated. Not valid for Mortgage, Note, Loan, Letter of Credit, Bank Deposit Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey(hereinafter referred to as the"Company")does hereby appoint: DibrneMoraski, Hilda Muratori, Jessica Piccirillo, Joann Dombrowski, Marion R.Vail, Russell M. Canterbury and Victoria Parkerson of Fa€trfttM CT(EACH) its true and lawful Anomey(s)in-Fact,to make,execute,seal,and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: ArWand all bonds,undertakings, recognizances and other surety obligations, in the penal sum not exceeding testy-Mitli€mi Dollars($90.000.000.00). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, unden , recognizances and other surety obligations in pursuance of these presents shall be as bring= upon the said Company asAlly and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly electedzfficers at its principal administrative office in Jersey City,New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned S retaryas beftin full force and effect. TEII)MaVthe�Chalrman of the Beard, the President, or the Executive 'resident, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of press.- This Power of Attorney is signed, seed and certified by facsimile under and by authority of the following resolution adapted by the unanimous consent of the Board of Directors of the Company on September 15,2011: VOTED,That the signature of the Chairman of the Board,the President,or the Executive Vice President,or any Senior Vice President, of the Surety Business Division, or their appointees designated in writingd filed with the Secretary, and the signature of the Se§retsty,the seal of the Company, and certifications by the Secretary, may be affixed byTacsimtte on any power of attomnyoT bond a uted pursuant to the resolution adopted by the Board of Directors on September W 2011, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. AIC 0000214459 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 18`h day of Aoril,2017. Attested and Certified Arch Insurance Company t,x.l�l'DRA1E �4 � f 1971 �. int iY"`Cvlti Patrick K. Nails, Secretary David M. in a stein, Executive Vice President STATE OF PENNSYLVANIA SS M(sf49� COUNTY OF PHILADELPHIA SS I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri,subscribed to the foregoing instrument,appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. rna wtnEAc.. +oa vxaNsn,vA,ain NOTARIAL SFAs. HELEN SZAFRAN,Notary Putilk City of Phl!adsphiii,Phil fAy Ccmiission res()MW .20 17 elen Szafran, N6tary PlublicV My commission expires 10/03/2017 CERTIFICATION I,Patrick K.Nails,Secretary of the Arch Insurance Company,do hereby certify that the attached Power of Attorney dated April 18,2017 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, i have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this " day of Stp'{[r�b�� ,20 . Patrick K. Nails, Secretary ,This FoweF 6f Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have —no Wthority-to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance—Surety Division 3 Parkway,Suite 1500 ��'f ' (►� Philadelphia,PA 19102 19TJ OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. IMPORTANT NOTICE TO ALL TEXAS POLICYHOLDERS IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call Arch Insurance Group's toll-free Usted puede Ilamar al numero de telefono gratis telephone number for information or to make a de Arch Insurance Group para informacion o complaint at: para someter una queja al: 1-866-413-5550 1-866-413-5550 You may also write to Arch Insurance Group at: Usted tambien puede escribir a Arch Insurance Group: Arch Insurance Group Arch Insurance Group Harborside 3 Harborside 3 210 Hudson Street, Suite 300 210 Hudson Street, Suite 300 Jersey City, NJ 07311-1107 Jersey City, NJ 07311-1107 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion coverages, rights or complaints at: acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Puede escribir al Departamento de Seguros de Insurance: Texas: P.O. Box 149091 P.O. Box 149091 Austin, TX 78714-9091 Austin, TX 78714-9091 Fax: (512)490-1007 Fax: (512)490-1007 Web: http://www.tdi.texas.gov Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact un reclamo, debe comunicarse con el Arch the Arch Insurance Group first. If the dispute is Insurance Group primero. Si no se resuelve la not resolved, you may contact the Texas disputa, puede entonces comunicarse con el Department of Insurance. departamento(TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es This notice is for information only and does not solo para proposito de informacion y no se become a part or condition of the attached convierte en parte o condicion del documento document. adjunto. 00 ML0042 44 04 16 Page 1 of 1 ,eco CERTIFICATE OF LIABILITY INSURANCE �TE(M12017YY1� 9/6/20,7 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED Provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the ceft cats holder In lieu of such endorsemen s. PRODUCER CONTACT Andw Bmux NAME: Alliant Insurance Services Houston, LLC PHONM Eat. 7154704123 FAx Ne. 713470-4124 54Westhelmer,Suite 900 AD 44 abmrorIiialllanccom Houston,TX 77056 INSURER(S) AFFORDING COVERAGE NAIC r INSURER A. Gn mrn tch Insurance Company 22322 INSURED INSURER B: err Indernnity&Llablllty Company 39319 PM Construction&Rehab,LLC dba IPR South Central INSURER C- XL Specialty Insurance Company 37SU LLC INSURER D: 131 N.Richey INSURER E: Pandenla4 TX 77506 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF NSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 9ISR ADDL SLOR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR'MND POLICY NUMBER LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X❑OCCUR DAMAGE TO RENTED PREMISES Ea occurrence f 300,000 MED EXP(Any one person) $ 10,000 A COD740922004 04101/2017 04101/2015 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE f 2400000 POLICY PRO- I LOC PRODUCTS-COMP/OP AGG f 2,0001000 X I JECT u OTHER: f AUTOMOBILE LIABILITY Ea accident N LIIT $ 2,000.000 X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED AUTOS ONLY AUTOS CAD710922101 04I01R017 04/01/2015 BODILY INJURY(Per accident) f HIRED AUTOS NON-OWNEDPROPERTY R P RTY DAMAGE ONLY AUTOS Per accident F : f UMBRELLA LIAR F1 X OCCUR EACH OCCURRENCE f 15,000,000 B X EXCESS UAB CLAIMS-MADE 1000023511 04/01@017 WA112015 AGGREGATE $ +5,a00000 VJ DED _ RETENTION$ f N PER 0TH- ACID EMPLOYERS'LIABILITY YM ]STATUTE TATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT C OFFICER/MEMBER EXCLUDED? NIA CWD740921904 04101/2017 04/0112018 $ 1,000,000 (Mandatoryln NH) E.L.DISEASE-EA EMPLOYEE f 1,000 000 If yes,desvibe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 HER EACH LOSS f GGREGATE f DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES( 101,Add5lonal Rarnarks Sdwdule,may be aMadned R nnre space Is regWnd) e:Village Creek Sanitary Sewer Rehabilitation Part A.City of Fort Worth and Consultant:Shield Engineering Group,PLLC.The General Liability and Commercial Auto policy ndudes blanket Additional Insured endorsements that provide Additional Insured status to certain persons and organizations when required by written contract and subject to the :arms and conditions of the endorsements.The Auto,General Liability,and Workers Compensation policy includes a blanket Waiver of Subrogation when required by contract or ritten agreement and subject to the terms and conditions of the endorsements.The General Liability policy provides that to the extent that insurance is afforded to any Additional Insured under the policy,the insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured,as required by written contract.The General lability,Auto Liability,and Workers Compensation policies includes an endorsement providing that 30 days'notice of cancellation will be furnished to the certificate holder,however 10 days if canceled for non-payment.Underground explosion and collapse coverage not excluded on General Liability,but subject to policy terms,conditions,limitations and xclusions.The General Liability Policy provides contractual liability for insured contracts only subject to the terms and conditions of the policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throclanorton Street Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE ®1988-2015 AC O I . All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CAD740922104 COMMERCIAL AUTO CA 04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: INLAND PIPE REHABILITATION HOLDING COMPANY, LLC Endorsement Effective Date: April 1, 2017 SCHEDULE Name(s)Of Person(s)Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT EXECUTED PRIOR TO LOSS(EXCEPT WHERE NOT PERMITTED BY LAW). Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the 'loss" under a contract with that person or organization. CA 04 4410 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: CGD740922004 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Any Person Or Organization That You Are Required In A Various As Required Per Written Contract Written Contract Or Written Agreement To Include As An Additional Insured Provided The"Bodily Injury' Or "Property Damage"Occurs Subsequent To The Execution Of The Written Contract Or Written Agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage or personal and advertising injury "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 ©insurance Services Office, Inc., 2012 Pagel of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 20 10 0413 POLICY NUMBER: CGD740922004 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION THAT YOU ARE VARIOUS AS REQUIRED PER WRITTEN REQUIRED IN A WRITTEN CONTRACT OR CONTRACT WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE"BODILY INJURY"OR"PROPERTY DAMAGE"OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II —Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard" 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 C Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: CGD740922004 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT EXECUTED PRIOR TO LOSS(EXCEPT WHERE NOT PERMITTED BY LAW). Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule WHERE REQUIRED BY WRITTEN AGREEMENT SIGNED PRIOR TO LOSS. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective April 1. 2017 Policy No. CWD740921904 Endorsement No. Insured INLAND PIPE REHABILITATIONHOLDING COMPANY LLC Insurance Company Countersigned by XL Specialty Insurance Company WC 00 03 13 (Ed.4-84) 0 1983 National Council on Compensation Insurance. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fcbnwy Z 2016 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Febnray2,2016 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology.......................................................................................................... 1 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 Article 6—Contractor's Responsibilities........................................................................................................ 19 6.01 Supervision and Superintendence............................................................................................... 19 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fdmwy 2,2016 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 Article 7-Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article 8-City's Responsibilities....................... 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due............................................................................................................................36 8.04 Lands and Easements;Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections,Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project Manager............................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fehuay2,2016 Article 10-Changes in the Work; Claims;Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work; Allowances;Unit Price Work; Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13 -Tests and Inspections; Correction,Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article 15-Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fehmay 2,2016 Article17—Miscellaneous..............................................................................................................................62 17.01 Giving Notice..............................................................................................................................62 17.02 Computation of Times................................................................................................................62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings......................................................................................................................................63 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Febuary Z 2016 007200-1 GENERAL CONDITIONS Page 1 of 63 ARTICLE 1–DEFINITIONS AND TERMINOLOGY 10 1 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award–Authorization by the City Council for the City to enter into an Agreement. 6. Bich–The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11.Buzzsaw–City's on-line,electronic document management and collaboration system. 12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:FehmayZ 2016 007200-1 GENERAL CONDITIONS Page 2 of 63 13. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be 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. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:FebnuQy2,2016 007200-1 GENERAL CONDITIONS Page 3 of 63 25. Damage Claims – A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 26.Day or day–A day,unless otherwise defined, shall mean a Calendar Day. 27. Director of Aviation – The officially appointed Director of the Aviation Department of the City of Fort Worth,Texas,or his duly appointed representative, assistant,or agents. 28. Director of Parks and Community Services – The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant,or agents. 29. Director of Planning and Development -- The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative,assistant,or agents. 30.Director of Transportation Public Works – The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant,or agents. 31. Director of Water Department– The officially appointed Director of the Water Department of the City of Fort Worth,Texas,or his duly appointed representative,assistant,or agents. 32. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective,but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34.Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work - Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36.Field Order--- A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 37. Final Acceptance - The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fehnuay Z 2016 007200-1 GENERAL CONDITIONS Page 4 of 63 38. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements—Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44.Major Item–An Item of work included in the Contract Documents that has a total cost equal to or greater than 5%of the original Contract Price or$25,000 whichever is less. 45.Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award-The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48.PCBs—Polychlorinated biphenyls. 49. Petroleum Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50.Plans- See definition of Drawings. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:FehnaryZ 2016 007200-1 GENERAL CONDMONS Page 5 of 63 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project—The Work to be performed under the Contract Documents. 53. Project Manager—The authorized representative of the City who will be assigned to the Site. 54. Public Meeting – An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55.Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.)as amended from time to time. 56. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:FetaumyZ 2016 00 72 00-1 GENERAL CONDITIONS Page 6 of 63 63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent--- The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water,wastewater, storm water,other liquids or chemicals,or traffic or other control systems. 69. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours _ Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or 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 Dray—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 W*111 permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABIL[TATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fehnurty 2,2016 007200-1 GENERAL CONDITIONS Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty,or deficient in that it: a. does not conform to the Contract Documents;or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform,Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be fillnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time; Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fcbni&y2,2016 007200-1 GENERAL CONDITIONS Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fetzua<y2,2016 007200-1 GENERAL CONDITIONS Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes,Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization,or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City,or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or(c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 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 govem over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized,by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C);or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions;or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fe6uuay2,2016 007200-1 GENERAL CONDMONS Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data famished 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 Buw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies,the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted,and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fcbnwy Z 2016 007200-1 GENERAL CONDITIONS Page 12 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized.- Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data' is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors,members,partners,employees, agents, consultants,or subcontractors with respect to: 1, the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data,interpretations,opinions,or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fdmmy 2,2016 007200-1 GENERAL CONDITIONS Page 13 of 63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A),notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract;or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site;or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated- 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:FebnuKy 2,2016 00 7200-1 GENERAL CONDITIONS Page 14 of 63 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized.- Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members,partners,employees, agents, consultants,or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fetmay2,2016 007200-1 GENERAL CONDITIONS Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations,opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers,or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and(iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entityfrom and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Feb ay 2,2016 00 72 00-1 GENERAL CONDITIONS Page 16 of 63 ARTICLE 5—BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attomey-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attomey-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured)which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as"Additional Insured"on all liability policies. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 17 of 63 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property&Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims-made basis,the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Febniay 2,2016 00 72 00-1 GENERAL CONDITIONS Page 18 of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups,must also be approved by City. 11. Any deductible in excess of$5,000.00, for any policy that does not provide coverage on a first-dollar basis,must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Workers Compensation and Employers'Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering 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 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fehuary2,2016 007200-1 GENERAL CONDITIONS Page 19 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy,unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods,techniques,sequences, and procedures of construction. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:FctnuayZ 2016 007200-1 GENERAL CONDITIONS Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; 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. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Felnury 2,2016 007200-1 GENERAL CONDITIONS Page 21 of 63 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 01 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or"or-equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or-Equal"Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or-equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Feliu ry Z 2016 00 7200-1 GENERAL CONDITIONS Page 22 of 63 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 0125 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Febn=yZ 2016 00 7200-1 GENERAL CONDITIONS Page 23 of 63 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales, maintenance,repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or-equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an"or-equal."City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.053. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal"at Contractor's expense. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Felzuay 2,2016 00 7200-1 GENERAL CONDITIONS Page 24 of 63 G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract,unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Minority Business Enterprise Compliance: It is City policy to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MBE goal, Contractor is required to comply with the intent of the City's MBE Ordinance(as amended)by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MBE. Material misrepresentation of any nature will be grounds for termination of the Contract in accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fdauay 2,2016 007200-1 GENERAL CONDITIONS Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity;nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code(as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penaltyfor 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 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Febmay 2,2016 007200-1 GENERAL CONDITIONS Page 26 of 63 D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 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. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fettuay 2,2016 007200-1 GENERAL CONDITIONS Page 27 of 63 the incorporation in the Work of any invention, design,process,product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin,TX 78711; or 2. hqp://www.window.state.tx.us/taxinfo/taxforms/93-forms.html 6.12 Use of Site and OtherAreas A. Limitation on Use of Site and OtherAreas: 1. Contractor shall confine construction equipment,the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fehuary2,2016 007200-1 GENERAL CONDITIONS Page 29 of 63 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders,Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Febmay2,2016 007200-1 GENERAL CONDITIONS Page 30 of 63 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1 all persons on the Site or who may be affected by the Work; 2. all the 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 Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fel umy 2,2016 007200-1 GENERAL CONDITIONS Page 31 of 63 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier,pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Felnay 2,2016 007200-1 GENERAL CONDITIONS Page 32 of 63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents)or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible;or CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:FclnnayZ 2016 007200-1 GENERAL CONDITIONS Page 33 of 63 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection,test,or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.13. 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 .TTY. This indemnity provision is intended to include,without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:FebnnayZ 2016 007200-1 GENERAL CONDITIONS Page 34 of 63 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE VEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED. IN WHOLE OR IN PART. BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY, 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:FelnuaryZ 2016 007200-1 GENERAL CONDITIONS Page 35 of 63 Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title YI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7—OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Febnuty 2,2016 00 72 00-1 GENERAL CONDITIONS Page 36 of 63 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site,the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8—CITY'S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements; Reports and Tests City's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections,tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fdaiu ry2,2016 007200-1 GENERAL CONDITIONS Page 37 of 63 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. 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 Roberto C. Sauceda, or his/her successor pursuant to written notification from the Director of the Water Department. 9.02 Visits to Site A. City's Project Manager will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Manager will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Manager will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Manager's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Manager's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Febmay2,2016 007200-1 GENERAL CONDITIONS Page 38 of 63 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. B. City will render a written decision on any issue referred. C. City's written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10—CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fdmwy 2,2016 007200-1 GENERAL CONDITIONS Page 39 of 63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09,or(iii)agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fehmary 2,2016 007200-1 GENERAL CONDITIONS Page 40 of 63 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant's last submittal (unless Contract allows additional time). C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor,if any,take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim;or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fetnurty 2,2016 00 72 00-1 GENERAL CONDITIONS Page 41 of 63 D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs Included.- The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.0I.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.013, and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55%markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CRY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fcbnwy2,2016 007200-1 GENERAL CONDITIONS Page 42 of 63 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. f. The cost of utilities,fuel,and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fehmay 2,2016 007200-1 GENERAL CONDITIONS Page 43 of 63 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded.- The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.0l.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be detemuned as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.013, 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: CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.200275 Revision:Febnwty Z 2016 00 7200-1 GENERAL CONDITIONS Page 44 of 63 a. the pre-bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre-bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if. 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Felmay2,2016 007200-1 GENERAL CONDITIONS Page 45 of 63 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25%from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plans Quantity Measurement A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities,unless revised by the governing Section or this Article. B. If the quantity measured as outlined under"Price and Payment Procedures" varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item,except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fetnu vy Z 2016 00 72 00-1 GENERAL CONDITIONS Page 46 of 63 E. For callout work or non-site specific Contracts,the plans quantity measurement requirements are not applicable. ARTICLE 12—CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 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 12.01.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit(determined as provided in Paragraph 12.01.Q. C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0l.A.1, 11.0l.A.2. and 11.0l.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.0l.A.4 and 11.0l.A.5,the Contractor's fee shall be five percent(51/6); 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 12.01.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Feb uay Z 2016 007200-1 GENERAL CONDITIONS Page 47 of 63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0l.A.1 and 11.0l.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%)of the amount paid to the next lower tier Subcontractor,however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.6, and 11.01.B; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material,if any,which is to be furnished by the City. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Feh umy 2,2016 007200-1 GENERAL CONDITIONS Page 48 of 63 ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected,corrected,or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections,which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials,mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Felnnay 2,2016 007200-1 GENERAL CONDITIONS Page 49 of 63 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing,observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure,observation,inspection,testing,replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fdammy 2,2016 00 72 00-1 GENERAL CONDITIONS Page 50 of 63 Subcontractor, any Supplier,any other individual or entity,or any surety for,or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 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 1s found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas;or 2. correct such defective Work;or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective,and 4. satisfactorily correct or repair or remove and replace any damage to other Work,to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement(including but not limited to all costs of repair or replacement of work of others)will be paid by Contractor. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Febrwy2,2016 00 72 00-1 GENERAL CONDITIONS Page 51 of 63 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial convection 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 convection or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven(7)days written notice to Contractor, convect,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, attomeys, and other professionals and all court or other dispute resolution CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:February Z 2016 007200-1 GENERAL CONDITIONS Page 52 of 63 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 53 of 63 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 parries that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor,or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09;or CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Feb u vy Z 2016 007200-1 GENERAL CONDITIONS Page 54 of 63 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the City. E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended;or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Febuary 2,2016 007200-1 GENERAL CONDITIONS Page 55 of 63 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification of the City and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will resume. 14.06 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection,City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Felnmy 2,2016 007200-1 GENERAL CONDITIONS Page 56 of 63 14.07 Final Payment A. Application for Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied(except as previously delivered)by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any,to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages,will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Febmiary Z 2016 007200-1 GENERAL CONDITIONS Page 57 of 63 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION 15.01 CityMay Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time,directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed, he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fdamwy 2,2016 00 72 00-1 GENERAL CONDITIONS Page 58 of 63 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following events by way of example, but not of limitation,may justify termination for cause: 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 #20020-12-2011 established under Paragraph 6.06.131); 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. I. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:FetnmyZ 2016 007200-1 GENERAL CONDITIONS Page 59 of 63 obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.13, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City,the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Febrmy 2,2016 007200-1 GENERAL CONDITIONS Page 60 of 63 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim,demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fdxui ryZ 2016 007200-1 GENERAL CONDITIONS Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case,Contractor shall be paid for(without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination,including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work,plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work,the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16—DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after termination of the mediation unless, within that time period,City or Contractor: CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:February 2,2016 00 72 00-1 GENERAL CONDITIONS Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process;or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17—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 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Fehmery 2,2016 007200-1 GENERAL CONDITIONS Page 63 of 63 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revision:Felmay 2,2016 007300-1 SUPPLEMENTARY CONDITIONS Page 1 of 5 1 SECTION 00 73 00 2 SUPPLEMENTARY CONDITIONS 3 TO 4 GENERAL CONDITIONS 5 6 Supplementary Conditions 7 8 These Supplementary Conditions modify and supplement Section 00 72 00-General Conditions,and other 9 provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are 10 modified or supplemented remain in full force and effect as so modified or supplemented. All provisions 11 of the General Conditions which are not so modified or supplemented remain in full force and effect. 12 13 Defined Terms 14 15 The terms used in these Supplementary Conditions which are defined in the General Conditions have the 16 meaning assigned to them in the General Conditions,unless specifically noted herein. 17 18 Modifications and Supplements 19 20 The following are instructions that modify or supplement specific paragraphs in the General Conditions and 21 other Contract Documents. 22 23 SC-3.031.2,"Resolving Discrepancies" 24 25 Plans govem over Specifications. 26 27 SC4.01 A 28 29 Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. 30 Upon receiving the final easements descriptions,Contractor shall compare them to the lines shown on the 31 Contract Drawings. 32 33 SC4.01A.1.,"Availability of Lands" 34 35 The following is a list of known outstanding right-of-way,and/or easements to be acquired,if any as of 36 June 9,2017: 37 38 Outstanding Right-Of-Way,and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION None 39 The Contractor understands and agrees that the dates listed above are estimates only,are not guaranteed, 40 and do not bind the City. 41 42 If Contractor considers the final easements provided to differ materially from the representations on the 43 Contract Drawings,Contractor shall within five (5) Business Days and before proceeding with the Work, 44 notify City in writing associated with the differing easement line locations. 45 46 SC-4.01A.2,"Availability of Lands" 47 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised January 22,2016 007300-2 SUPPLEMENTARY CONDITIONS Page 2 of 5 1 Utilities or obstructions to be removed,adjusted,and/or relocated 2 3 The following is list of utilities and/or obstructions that have not been removed,adjusted,and/or relocated 4 as of June 9,2017: 5 EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT None 6 The Contractor understands and agrees that the dates listed above are estimates only,are not guaranteed, 7 and do not bind the City. 8 9 SC-4.02A.,"Subsurface and Physical Conditions" 10 11 The following are reports of explorations and tests of subsurface conditions at the site of the Work: 12 None 13 14 The following are drawings of physical conditions in or relating to existing surface and subsurface 15 structures(except Underground Facilities)which are at or contiguous to the site of the Work: 16 1. Existing M-244B Plans(record drawings) 17 2. Existing M-503&M-503R Plans(record drawings) 18 3. Existing City Water,Sanitary Sewer and Storm Sewer Basemap(s) 19 4. Various area sewer and water improvement plans(record drawings) 20 21 SC-4.06A.,"Hazardous Environmental Conditions at Site" 22 23 The following are reports and drawings of existing hazardous environmental conditions known to the City: 24 None 25 26 SC-5.03A.,"Certificates of Insurance" 27 28 The entities listed below are"additional insureds as their interest may appear" including their respective 29 officers,directors,agents and employees. 30 31 (1) City 32 (2) Consultant: Shield Engineering Group,PLLC 33 (3) Other:None 34 35 36 37 SC-5.04A.,"Contractor's Insurance" 38 39 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following 40 coverages for not less than the following amounts or greater where required by laws and regulations: 41 42 5.04A.Workers'Compensation,under Paragraph GC-5.04A. 43 44 Statutory limits 45 Employer's liability 46 $100,000 each accident/occurrence 47 $100,000 Disease-each employee 48 $500,000 Disease-policy limit 49 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised January 22,2016 007300-3 SUPPLEMENTARY CONDITIONS Page 3 of 5 1 SC-5.045,"Contractor's Insurance" 2 3 5.045 Commercial General Liability,under Paragraph GC-5.0413.Contractor's Liability Insurance 4 under Paragraph GC-5.04B.,which shall be on a per project basis covering the Contractor with 5 minimum limits of: 6 7 $1,000,000 each occurrence 8 $2,000,000 aggregate limit 9 10 The policy must have an endorsement(Amendment—Aggregate Limits of Insurance)making the 11 General Aggregate Limits apply separately to each job site. 12 13 The Commercial General Liability Insurance policies shall provide"X","C",and"U'coverage's. 14 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 15 16 SC 5.04C.,"Contractor's Insurance" 17 5.04C. Automobile Liability,under Paragraph GC-5.04C.Contractor's Liability Insurance under 18 Paragraph GC-5.04C.,which shall be in an amount not less than the following amounts: 19 20 (1) Automobile Liability-a commercial business policy shall provide coverage on"Any Auto", 21 defined as autos owned,hired and non-owned. 22 23 $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at 24 least: 25 26 $250,000 Bodily Ii jury per person/ 27 S500,000 Bodily Injury per accident/ 28 $100,000 Property Damage 29 30 SC-5.04D.,"Contractor's Insurance" 31 32 The Contractor's construction activities will require its employees,agents,subcontractors,equipment,and 33 material deliveries to cross railroad properties and tracks None. 34 35 The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, 36 hinder,or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains 37 or other property. Such operations on railroad properties may require that Contractor to execute a"Right of 38 Entry Agreement"with the particular railroad company or companies involved,and to this end the 39 Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute 40 the right-of-entry(if any)required by a railroad company.The requirements specified herein likewise relate 41 to the Contractor's use of private and/or construction access roads crossing said railroad company's 42 properties. 43 44 The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide 45 coverage for not less than the following amounts,issued by companies satisfactory to the City and to the 46 Railroad Company for a term that continues for so long as the Contractor's operations and work cross, 47 occupy,or touch railroad property: 48 49 (1) General Aggregate: MA 50 51 (2) Each Occurrence: $N/A 52 53 _Required for this Contract X Not required for this Contract 54 55 With respect to the above outlined insurance requirements,the following shall govern: CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised January 22,2016 007300-4 SUPPLEMENTARY CONDITIONS Page 4 of 5 1 2 1. Where a single railroad company is involved,the Contractor shall provide one insurance policy in 3 the name of the railroad company. However, if more than one grade separation or at-grade 4 crossing is affected by the Project at entirely separate locations on the line or lines of the same 5 railroad company,separate coverage may be required,each in the amount stated above. 6 7 2. Where more than one railroad company is operating on the same right-of-way or where several 8 railroad companies are involved and operated on their own separate rights-of-way,the Contractor 9 may be required to provide separate insurance policies in the name of each railroad company. 10 11 3. If,in addition to a grade separation or an at-grade crossing,other work or activity is proposed on a 12 railroad company's right-of-way at a location entirely separate from the grade separation or at- 13 grade crossing,insurance coverage for this work must be included in the policy covering the grade 14 separation. 15 16 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- 17 way,all such other work may be covered in a single policy for that railroad,even though the work 18 may be at two or more separate locations. 19 20 No work or activities on a railroad company's property to be performed by the Contractor shall be 21 commenced until the Contractor has furnished the City with an original policy or policies of the insurance 22 for each railroad company named,as required above. All such insurance must be approved by the City and 23 each affected Railroad Company prior to the Contractor's beginning work. 24 25 The insurance specified above must be carred until all Work to be performed on the railroad right-of-way 26 has been completed and the grade crossing,if any,is no longer used by the Contractor. In addition, 27 insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. 28 Such insurance must name the railroad company as the insured,together with any tenant or lessee of the 29 railroad company operating over tracks involved in the Project. 30 31 SC-6.04.,"Project Schedule" 32 33 Project schedule shall be tier 3 for the project. 34 35 SC-6.07.,"Wage Rates" 36 37 The following is the prevailing wage rate table(s)applicable to this project and is provided in the 38 Appendixes: 39 40 <Buzzsaw location,Resources/02-Construction Documents/Specifications/Div 00-General 41 Conditions/CFW Wage Rate Table 20080708.pd,f 5 42 43 SC-6.09.,"Permits and Utilities" 44 45 SC-6.09A.,"Contractor obtained permits and licenses" 46 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 47 None 48 SC-6.09B."City obtained permits and licenses" 49 The following are known permits and/or licenses required by the Contract to be acquired by the City: 50 None 51 52 SC-6.09C."Outstanding permits and licenses" 53 54 The following is a list of known outstanding permits and/or licenses to be acquired,if any as of June 9, 55 2017: CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised January 22,2016 007300-5 SUPPLEMENTARY CONDITIONS Page 5 of 5 1 2 Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None 3 4 SC-7.02.,"Coordination" 5 6 The individuals or entities listed below have contracts with the City for the performance of other work at 7 the Site: None 8 9 SC-8.01,"Communications to Contractor" 10 11 None 12 13 SC-9.01.,"City's Project Manager" 14 15 The City's Project Manager for this Contract is Roberto Sauceda,or his/her successor pursuant to written 16 notification from the Director of the Water Department. 17 18 SC-13.03C.,"Tests and Inspections" 19 20 None 21 22 SC-16.01C.1,"Methods and Procedures" 23 24 None 25 26 27 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. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised January 22,2016 Division 01 GENERAL REQUIREMENTS 011100-1 SUMMARY OF WORK Page 1 of 3 SECTION 01 11 00 2 SUMMARY OF WORK PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0-Bidding Requirements,Contract Forms,and Conditions of the Contract 11 2. Division 1 -General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Work Covered by Contract Documents 19 1. Work is to include furnishing all labor,materials,and equipment,and performing 20 all Work necessary for this construction project as detailed in the Drawings and 21 Specifications. 22 B. Subsidiary Work 23 1. Any and all Work specifically governed by documentary requirements for the 24 project,such as conditions imposed by the Drawings or Contract Documents in 25 which no specific item for bid has been provided for in the Proposal and the item is 26 not a typical unit bid item included on the standard bid item list,then the item shall 27 be considered as a subsidiary item of Work,the cost of which shall be included in 28 the price bid in the Proposal for various bid items. 29 C. Use of Premises 30 1. Coordinate uses of premises under direction of the City. 31 2. Assume full responsibility for protection and safekeeping of materials and 32 equipment stored on the Site. 33 3. Use and occupy only portions of the public streets and alleys,or other public places 34 or other rights-of-way as provided for in the ordinances of the City,as shown in the 35 Contract Documents,or as may be specifically authorized in writing by the City. 36 a. A reasonable amount of tools,materials,and equipment for construction 37 purposes may be stored in such space,but no more than is necessary to avoid 38 delay in the construction operations. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 01 1100-2 SUMMARY OF WORK Page 2 of 3 1 b. Excavated and waste materials shall be stored in such a way as not to interfere 2 with the use of spaces that may be designated to be left free and unobstructed 3 and so as not to inconvenience occupants of adjacent property. 4 c. If the street is occupied by railroad tracks,the Work shall be carried on in such 5 manner as not to interfere with the operation of the railroad. 6 1) All Work shall be in 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 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, 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 31 execution of the Work,or at any time due to defective work,material,or 32 equipment. 33 6. Fence 34 a. Restore all fences encountered and removed during construction of the Project 35 to the original or a better than original condition. 36 b. Erect temporary fencing in place of the fencing removed whenever the Work is 37 not in progress and when the site is vacated overnight,and/or at all times to 38 provide site security. 39 c. The cost for all fence work within easements,including removal,temporary 40 closures and replacement,shall be subsidiary to the various items bid in the 41 project proposal,unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 011100-3 SUMMARY OF WORK Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3- EXECUTION[NOT USED] 11 END OF SECTION 12 Revision Log DATE NAME SUNIMARY OF CHANGE 13 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 013300-1 SUBMITTALS Page 1 of g 1 SECTION 0133 00 2 SUBMITTALS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. General methods and requirements of submissions applicable to the following 7 Work-related submittals: 8 a. Shop Drawings 9 b. Product Data(including Standard Product List submittals) 10 c. Samples 11 d. Mock Ups 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include,but are not necessarily limited to: 15 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 16 2. Division 1—General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Coordination 24 1. Notify the City in writing,at the time of submittal,of any deviations in the 25 submittals from the requirements of the Contract Documents. 26 2. Coordination of Submittal Times 27 a. Prepare,prioritize and transmit each submittal sufficiently in advance of 28 performing the related Work or other applicable activities,or within the time 29 specified in the individual Work Sections,of the Specifications. 30 b. Contractor is responsible such that the installation will not be delayed by 31 processing times including,but not limited to: 32 a) Disapproval and resubmittal(if required) 33 b) Coordination with other submittals 34 c) Testing 35 d) Purchasing 36 e) Fabrication 37 f) Delivery 38 g) Similar sequenced activities 39 c. No extension of time will be authorized because of the Contractor's failure to 40 transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100275 Revised December 20,2012 013300-2 SUBMITTALS Page 2 of 8 1 d. Make submittals promptly in accordance with approved schedule,and in such 2 sequence as to cause no delay in the Work or in the work of any other 3 contractor. 4 B. Submittal Numbering 5 1. When submitting shop drawings or samples,utilize a 9-character submittal cross- 6 reference identification numbering system in the following manner: 7 a. Use the first 6 digits of the applicable Specification Section Number. 8 b. For the next 2 digits number use numbers 01-99 to sequentially number each 9 initial separate item or drawing submitted under each specific Section number. 10 c. Last use a letter,A-Z,indicating the resubmission of the same drawing(i.e. 11 A=2nd submission,B=3rd submission,C=4th submission,etc.). A typical 12 submittal number would be as follows: 13 14 03 30 00-08-B 15 16 1) 03 30 00 is the Specification Section for Concrete 17 2) 08 is the eighth initial submittal under this Specification Section 18 3) B is the third submission(second resubmission)of that particular shop 19 drawing 20 C. Contractor Certification 21 1. Review shop drawings,product data and samples,including those by 22 subcontractors,prior to submission to determine and verify the following: 23 a. Field measurements 24 b. Field construction criteria 25 c. Catalog numbers and similar data 26 d. Conformance with the Contract Documents 27 2. Provide each shop drawing,sample and product data submitted by the Contractor 28 with a Certification Statement affixed including: 29 a. The Contractors Company name 30 b. Signature of submittal reviewer 31 c. Certification Statement 32 1) `By this submittal,I hereby represent that I have determined and verified 33 field measurements,field construction criteria,materials,dimensions, 34 catalog numbers and similar data and I have checked and coordinated each 35 item with other applicable approved shop drawings." 36 D. Submittal Format 37 1. Fold shop drawings larger than 8 %Z inches x 11 inches to 8 '/Z inches x I Iinches. 38 2. Bind shop drawings and product data sheets together. 39 3. Order 40 a. Cover Sheet 41 1) Description of Packet 42 2) Contractor Certification 43 b. List of items/Table of Contents 44 c. Product Data/Shop Drawings/Samples/Calculations 45 E. Submittal Content 46 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100275 Revised December 20,2012 013300-3 SUBMITTALS Page 3 of 8 1 2. The Project title and number 2 3. Contractor identification 3 4. The names of: 4 a. Contractor 5 b. Supplier 6 c. Manufacturer 7 5. Identification of the product,with the Specification Section number,page and 8 paragraph(s) 9 6. Field dimensions,clearly identified as such 10 7. Relation to adjacent or critical features of the Work or materials 11 8. Applicable standards,such as ASTM or Federal Specification numbers 12 9. Identification by highlighting of deviations from Contract Documents 13 10. Identification by highlighting of revisions on resubmittals 14 11. An 8-inch x 3-inch blank space for Contractor and City stamps 15 F. Shop Drawings 16 1. As specified in individual Work Sections includes,but is not necessarily limited to: 17 a. Custom-prepared data such as fabrication and erection/installation(working) 18 drawings 19 b. Scheduled information 20 c. Setting diagrams 21 d. Actual shopwork manufacturing instructions 22 e. Custom templates 23 f. Special wiring diagrams 24 g. Coordination drawings 25 h. Individual system or equipment inspection and test reports including: 26 1) Performance curves and certifications 27 i. As applicable to the Work 28 2. Details 29 a. Relation of the various parts to the main members and lines of the structure 30 b. Where correct fabrication of the Work depends upon field measurements 31 1) Provide such measurements and note on the drawings prior to submitting 32 for approval. 33 G. Product Data 34 1. For submittals of product data for products included on the City's Standard Product 35 List,clearly identify each item selected for use on the Project. 36 2. For submittals of product data for products not included on the City's Standard 37 Product List,submittal data may include,but is not necessarily limited to: 38 a. Standard prepared data for manufactured products(sometimes referred to as 39 catalog data) 40 1) Such as the manufacturer's product specification and installation 41 instructions 42 2) Availability of colors and patterns 43 3) Manufacturer's printed statements of compliances and applicability 44 4) Roughing-in diagrams and templates 45 5) Catalog cuts 46 6) Product photographs CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 013300-4 SUBMITTALS Page 4 of 8 1 7) Standard wiring diagrams 2 8) Printed performance curves and operational-range diagrams 3 9) Production or quality control inspection and test reports and certifications 4 10)Mill reports 5 11)Product operating and maintenance instructions and recommended 6 spare-parts listing and printed product warranties 7 12)As applicable to the Work 8 H. Samples 9 1. As specified in individual Sections, include,but are not necessarily limited to: 10 a. Physical examples of the Work such as: 11 1) Sections of manufactured or fabricated Work 12 2) Small cuts or containers of materials 13 3) Complete units of repetitively used products color/texture/pattern swatches 14 and range sets 15 4) Specimens for coordination of visual effect 16 5) Graphic symbols and units of Work to be used by the City for independent 17 inspection and testing,as applicable to the Work 18 I. Do not start Work requiring a shop drawing,sample or product data nor any material to 19 be fabricated or installed prior to the approval or qualified approval of such item. 20 1. Fabrication performed,materials purchased or on-site construction accomplished 21 which does not conform to approved shop drawings and data is at the Contractor's 22 risk. 23 2. The City will not be liable for any expense or delay due to corrections or remedies 24 required to accomplish conformity. 25 3. Complete project Work,materials,fabrication,and installations in conformance 26 with approved shop drawings,applicable samples,and product data. 27 J. Submittal Distribution 28 1. Electronic Distribution 29 a. Confirm development of Project directory for electronic submittals to be 30 uploaded to City's Buzzsaw site,or another external FTP site approved by the 31 City. 32 b. Shop Drawings 33 1) Upload submittal to designated project directory and notify appropriate 34 City representatives via email of submittal posting. 35 2) Hard Copies 36 a) 3 copies for all submittals 37 b) If Contractor requires more than 1 hard copy of Shop Drawings 38 returned,Contractor shall submit more than the number of copies listed 39 above. 40 c. Product Data 41 1) Upload submittal to designated project directory and notify appropriate 42 City representatives via email of submittal posting. 43 2) Hard Copies 44 a) 3 copies for all submittals 45 d. Samples 46 1) Distributed to the Project Representative 47 2. Hard Copy Distribution(if required in lieu of electronic distribution) CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 013300-5 SUBMITTALS Page 5 of 8 1 a. Shop Drawings 2 1) Distributed to the City 3 2) Copies 4 a) 8 copies for mechanical submittals 5 b) 7 copies for all other submittals 6 c) If Contractor requires more than 3 copies of Shop Drawings returned, 7 Contractor shall submit more than the number of copies listed above. 8 b. Product Data 9 1) Distributed to the City 10 2) Copies 11 a) 4 copies 12 c. Samples 13 1) Distributed to the Project Representative 14 2) Copies 15 a) Submit the number stated in the respective Specification Sections. 16 3. Distribute reproductions of approved shop drawings and copies of approved 17 product data and samples,where required,to the job site file and elsewhere as 18 directed by the City. 19 a. Provide number of copies as directed by the City but not exceeding the number 20 previously specified. 21 K. Submittal Review 22 1. The review of shop drawings,data and samples will be for general conformance 23 with the design concept and Contract Documents. This is not to be construed as.' 24 a. Permitting any departure from the Contract requirements 25 b. Relieving the Contractor of responsibility for any errors,including details, 26 dimensions,and materials 27 c. Approving departures from details furnished by the City,except as otherwise 28 provided herein 29 2. The review and approval of shop drawings,samples or product data by the City 30 does not relieve the Contractor from his/her responsibility with regard to the 31 fulfillment of the terms of the Contract. 32 a. All risks of error and omission are assumed by the Contractor,and the City will 33 have no responsibility therefore. 34 3. The Contractor remains responsible for details and accuracy,for coordinating the 35 Work with all other associated work and trades,for selecting fabrication processes, 36 for techniques of assembly and for performing Work in a safe manner. 37 4. If the shop drawings,data or samples as submitted describe variations and show a 38 departure from the Contract requirements which City finds to be in the interest of 39 the City and to be so minor as not to involve a change in Contract Price or time for 40 performance,the City may return the reviewed drawings without noting an 41 exception. 42 5. Submittals will be returned to the Contractor under 1 of the following codes: 43 a. Code 1 44 1) "NO EXCEPTIONS TAKEN"is assigned when there are no notations or 45 comments on the submittal. 46 a) When returned under this code the Contractor may release the 47 equipment and/or material for manufacture. 48 b. Code 2 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 013300-6 SUBMITTALS Page 6 of 8 1 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of 2 the notations and comments IS NOT required by the Contractor. 3 a) The Contractor may release the equipment or material for manufacture; 4 however,all notations and comments must be incorporated into the 5 final product. 6 c. Code 3 7 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 8 assigned when notations and comments are extensive enough to require a 9 resubmittal of the package. 10 a) The Contractor may release the equipment or material for manufacture; 11 however,all notations and comments must be incorporated into the 12 final product. 13 b) This resubmittal is to address all comments,omissions and 14 non-conforming items that were noted. 15 c) Resubmittal is to be received by the City within 15 Calendar Days of 16 the date of the City's transmittal requiring the resubmittal. 17 d. Code 4 18 1) "NOT APPROVED" is assigned when the submittal does not meet the 19 intent of the Contract Documents. 20 a) The Contractor must resubmit the entire package revised to bring the 21 submittal into conformance. 22 b) It may be necessary to resubmit using a different manufacturer/vendor 23 to meet the Contract Documents. 24 6. Resubmittals 25 a. Handled in the same manner as first submittals 26 1) Corrections other than requested by the City 27 2) Marked with revision triangle or other similar method 28 a) At Contractor's risk if not marked 29 b. Submittals for each item will be reviewed no more than twice at the City's 30 expense. 31 1) All subsequent reviews will be performed at times convenient to the City 32 and at the Contractors expense,based on the City's or City 33 Representative's then prevailing rates. 34 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 35 all such fees invoiced by the City. 36 c. The need for more than 1 resubmission or any other delay in obtaining City's 37 review of submittals,will not entitle the Contractor to an extension of Contract 38 Time. 39 7. Partial Submittals 40 a. City reserves the right to not review submittals deemed partial,at the City's 41 discretion. 42 b. Submittals deemed by the City to be not complete will be returned to the 43 Contractor,and will be considered "Not Approved"until resubmitted. 44 c. The City may at its option provide a list or mark the submittal directing the 45 Contractor to the areas that are incomplete. 46 8. If the Contractor considers any correction indicated on the shop drawings to 47 constitute a change to the Contract Documents,then written notice must be 48 provided thereof to the City at least 7 Calendar Days prior to release for 49 manufacture. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100275 Revised December 20,2012 013300-7 SUBMITTALS Page 7 of 8 1 9. When the shop drawings have been completed to the satisfaction of the City,the 2 Contractor may carry out the construction in accordance therewith and no further 3 changes therein except upon written instructions from the City. 4 10. Each submittal,appropriately coded,will be returned within 30 Calendar Days 5 following receipt of submittal by the City. 6 L. Mock ups 7 1. Mock Up units as specified in individual Sections,include,but are not necessarily 8 limited to,complete units of the standard of acceptance for that type of Work to be 9 used on the Project. Remove at the completion of the Work or when directed. 10 M. Qualifications 11 1. If specifically required in other Sections of these Specifications,submit a P.E. 12 Certification for each item required. 13 N. Request for Information(RFI) 14 1. Contractor Request for additional information 15 a. Clarification or interpretation of the contract documents 16 b. When the Contractor believes there is a conflict between Contract Documents 17 c. When the Contractor believes there is a conflict between the Drawings and 18 Specifications 19 1) Identify the conflict and request clarification 20 2. Use the Request for Information(RFI)form provided by the City. 21 3. Numbering of RFI 22 a. Prefix with"RFI"followed by series number,"-xxx",beginning with"01"and 23 increasing sequentially with each additional transmittal. 24 4. Sufficient information shall be attached to permit a written response without further 25 information. 26 5. The City will log each request and will review the request. 27 a. If review of the project information request indicates that a change to the 28 Contract Documents is required,the City will issue a Field Order or Change 29 Order,as appropriate. 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] 35 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 36 1.11 FIELD [SITE] CONDITIONS [NOT USED] 37 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 013300-8 SUBMITTALS Page 8 of 8 1 PART 2- PRODUCTS [NOT USED] 2 PART 3- EXECUTION [NOT USED] 3 END OF SECTION 4 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D.Johnson 1.4.K.8.Working Days modified to Calendar Days 5 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 013513-1 SPECIAL PROJECT PROCEDURES Page 1 of 8 1 SECTION 0135 13 2 SPECIAL PROJECT PROCEDURES 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedures for special project circumstances that includes,but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Air Pollution Watch Days 11 e. Use of Explosives,Drop Weight,Etc. 12 f. Water Department Notification 13 g. Public Notification Prior to Beginning Construction 14 h. Coordination with United States Army Corps of Engineers 15 i. Coordination within Railroad permits areas 16 j. Dust Control 17 k. Employee Parking 18 B. Deviations from this City of Fort Worth Standard Specification 19 1. None. 20 C. Related Specification Sections include,but are not necessarily limited to: 21 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 22 2. Division 1 —General Requirements 23 3. Section 33 12 25—Connection to Existing Water Mains 24 1.2 PRICE AND PAYMENT PROCEDURES 25 A. Measurement and Payment 26 1. Coordination within Railroad permit areas 27 a. Measurement 28 1) Measurement for this Item will be by lump sum. 29 b. Payment 30 1) The work performed and materials furnished in accordance with this Item 31 will be paid for at the lump sum price bid for Railroad Coordination. 32 c. The price bid shall include: 33 1) Mobilization 34 2) Inspection 35 3) Safety training 36 4) Additional Insurance 37 5) Insurance Certificates 38 6) Other requirements associated with general coordination with Railroad, 39 including additional employees required to protect the right-of-way and 40 property of the Railroad from damage arising out of and/or from the 41 construction of the Project. 42 2. Railroad Flagmen CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 013513-2 SPECIAL PROJECT PROCEDURES Page 2 of 8 1 a. Measurement 2 1) Measurement for this Item will be per working day. 3 b. Payment 4 1) The work performed and materials furnished in accordance with this Item 5 will be paid for each working day that Railroad Flagmen are present at the 6 Site. 7 c. The price bid shall include: 8 1) Coordination for scheduling flagmen 9 2) Flagmen 10 3) Other requirements associated with Railroad 11 3. All other items 12 a. Work associated with these Items is considered subsidiary to the various Items 13 bid. No separate payment will be allowed for this Item. 14 1.3 REFERENCES 15 A. Reference Standards 16 1. Reference standards cited in this Specification refer to the current reference 17 standard published at the time of the latest revision date logged at the end of this 18 Specification,unless a date is specifically cited. 19 2. Health and Safety Code,Title 9. Safety,Subtitle A. Public Safety,Chapter 752. 20 High Voltage Overhead Lines. 21 3. North Central Texas Council of Governments(NCTCOG)—Clean Construction 22 Specification 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Coordination with the Texas Department of Transportation 25 1. When work in the right-of-way which is under the jurisdiction of the Texas 26 Department of Transportation(TxDOT): 27 a. Notify the Texas Department of Transportation prior to commencing any work 28 therein in accordance with the provisions of the permit 29 b. All work performed in the TxDOT right-of-way shall be performed in 30 compliance with and subject to approval from the Texas Department of 31 Transportation 32 B. Work near High Voltage Lines 33 1. Regulatory Requirements 34 a. All Work near High Voltage Lines(more than 600 volts measured between 35 conductors or between a conductor and the ground)shall be in accordance with 36 Health and Safety Code,Title 9,Subtitle A,Chapter 752. 37 2. Warning sign 38 a. Provide sign of sufficient size meeting all OSHA requirements. 39 3. Equipment operating within 10 feet of high voltage lines will require the following 40 safety features 41 a. Insulating cage-type of guard about the boom or arm 42 b. Insulator links on the lift hook connections for back hoes or dippers 43 c. Equipment must meet the safety requirements as set forth by OSHA and the 44 safety requirements of the owner of the high voltage lines 45 4. Work within 6 feet of high voltage electric lines CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 013513-3 SPECIAL PROJECT PROCEDURES Page 3 of 8 1 a. Notification shall be given to: 2 1) The power company(example: ONCOR) 3 a) Maintain an accurate log of all such calls to power company and record 4 action taken in each case. 5 b. Coordination with power company 6 1) After notification coordinate with the power company to: 7 a) Erect temporary mechanical barriers,de-energize the lines,or raise or 8 lower the lines 9 c. No personnel may work within 6 feet of a high voltage line before the above 10 requirements have been met. 11 C. Confined Space Entry Program 12 1. Provide and follow approved Confined Space Entry Program in accordance with 13 OSHA requirements. 14 2. Confined Spaces include: 15 a. Manholes 16 b. All other confined spaces in accordance with OSHA's Permit Required for 17 Confined Spaces 18 D. Air Pollution Watch Days 19 1. General 20 a. Observe the following guidelines relating to working on City construction sites 21 on days designated as"AIR POLLUTION WATCH DAYS". 22 b. Typical Ozone Season 23 1) May 1 through October 31. 24 c. Critical Emission Time 25 1) 6:00 a.m. to 10:00 a.m. 26 2. Watch Days 27 a. The Texas Commission on Environmental Quality(TCEQ),in coordination 28 with the National Weather Service,will issue the Air Pollution Watch by 3:00 29 p.m. on the afternoon prior to the WATCH day. 30 b. Requirements 31 1) Begin work after 10:00 a.m. whenever construction phasing requires the 32 use of motorized equipment for periods in excess of 1 hour. 33 2) However,the Contractor may begin work prior to 10:00 a.m. if: 34 a) Use of motorized equipment is less than 1 hour,or 35 b) If equipment is new and certified by EPA as "Low Emitting",or 36 equipment burns Ultra Low Sulfur Diesel(ULSD),diesel emulsions,or 37 alternative fuels such as CNG. 38 E. TCEQ Air Permit 39 1. Obtain TCEQ Air Permit for construction activities per requirements of TCEQ. 40 F. Use of Explosives,Drop Weight,Etc. 41 1. When Contract Documents permit on the project the following will apply: 42 a. Public Notification 43 1) Submit notice to City and proof of adequate insurance coverage,24 hours 44 prior to commencing. 45 2) Minimum 24 hour public notification in accordance with Section 0131 13 46 G. Water Department Coordination CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 013513-4 SPECIAL PROJECT PROCEDURES Page 4 of 8 1 1. During the construction of this project,it will be necessary to deactivate,for a 2 period of time,existing lines. The Contractor shall be required to coordinate with 3 the Water Department to determine the best times for deactivating and activating 4 those lines. 5 2. Coordinate any event that will require connecting to or the operation of an existing 6 City water line system with the City's representative. 7 a. Coordination shall be in accordance with Section 33 12 25. 8 b. If needed,obtain a hydrant water meter from the Water Department for use 9 during the life of named project. 10 c. In the event that a water valve on an existing live system be turned off and on 11 to accommodate the construction of the project is required,coordinate this 12 activity through the appropriate City representative. 13 1) Do not operate water line valves of existing water system. 14 a) Failure to comply will render the Contractor in violation of Texas Penal 15 Code Title 7,Chapter 28.03(Criminal Mischief)and the Contractor 16 will be prosecuted to the full extent of the law. 17 b) In addition,the Contractor will assume all liabilities and 18 responsibilities as a result of these actions. 19 H. Public Notification Prior to Beginning Construction 20 1. Prior to beginning construction on any block in the project, on a block by block 21 basis,prepare and deliver a notice or flyer of the pending construction to the front 22 door of each residence or business that will be impacted by construction. The notice 23 shall be prepared as follows: 24 a. Post notice or flyer 7 days prior to beginning any construction activity on each 25 block in the project area. 26 1) Prepare flyer on the Contractor's letterhead and include the following 27 information: 28 a) Name of Project 29 b) City Project No(CPN) 30 c) Scope of Project(i.e. type of construction activity) 31 d) Actual construction duration within the block 32 e) Name of the contractor's foreman and phone number 33 f) Name of the City's inspector and phone number 34 g) City's after-hours phone number 35 2) A sample of the `pre-construction notification'flyer is attached as Exhibit 36 A. 37 3) Submit schedule showing the construction start and finish time for each 38 block of the project to the inspector. 39 4) Deliver flyer to the City Inspector for review prior to distribution. 40 b. No construction will be allowed to begin on any block until the flyer is 41 delivered to all residents of the block. 42 I. Public Notification of Temporary Water Service Interruption during Construction 43 1. In the event it becomes necessary to temporarily shut down water service to 44 residents or businesses during construction,prepare and deliver a notice or flyer of 45 the pending interruption to the front door of each affected resident. 46 2. Prepared notice as follows: 47 a. The notification or flyer shall be posted 24 hours prior to the temporary 48 interruption. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABELITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 013513-5 SPECIAL PROJECT PROCEDURES Page 5 of 8 1 b. Prepare flyer on the contractor's letterhead and include the following 2 information: 3 1) Name of the project 4 2) City Project Number 5 3) Date of the interruption of service 6 4) Period the interruption will take place 7 5) Name of the contractor's foreman and phone number 8 6) Name of the City's inspector and phone number 9 c. A sample of the temporary water service interruption notification is attached as 10 Exhibit B. 11 d. Deliver a copy of the temporary interruption notification to the City inspector 12 for review prior to being distributed. 13 e. No interruption of water service can occur until the flyer has been delivered to 14 all affected residents and businesses. 15 f. Electronic versions of the sample flyers can be obtained from the Project 16 Construction Inspector. 17 J. Coordination with United States Army Corps of Engineers(USACE) 18 1. At locations in the Project where construction activities occur in areas where 19 USACE permits are required,meet all requirements set forth in each designated 20 permit. 21 K. Coordination within Railroad Permit Areas 22 1. At locations in the project where construction activities occur in areas where 23 railroad permits are required,meet all requirements set forth in each designated 24 railroad permit. This includes,but is not limited to,provisions for: 25 a. Flagmen 26 b. Inspectors 27 c. Safety training 28 d. Additional insurance 29 e. Insurance certificates 30 f. Other employees required to protect the right-of-way and property of the 31 Railroad Company from damage arising out of and/or from the construction of 32 the project. Proper utility clearance procedures shall be used in accordance 33 with the permit guidelines. 34 2. Obtain any supplemental information needed to comply with the railroad's 35 requirements. 36 3. Railroad Flagmen 37 a. Submit receipts to City for verification of working days that railroad flagmen 38 were present on Site. 39 L. Dust Control 40 1. Use acceptable measures to control dust at the Site. 41 a. If water is used to control dust,capture and properly dispose of waste water. 42 b. If wet saw cutting is performed,capture and properly dispose of slurry. 43 M. Employee Parking 44 1. Provide parking for employees at locations approved by the City. 45 N. {Coordination with North Central Texas Council of Governments(NCTCOG)Clean 46 Construction Specification [if required for the project—verify with City] CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 013513-6 SPECIAL PROJECT PROCEDURES Page 6 of 8 1 1. Comply with equipment,operational,reporting and enforcement requirements set 2 forth in NCTCOG's Clean Construction Specification.) 3 1.5 SUBMITTALS [NOT USED] 4 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE [NOT USED] 8 1.10 DELIVERY,STORAGE,AND HANDLING[NOT USED] 9 1.11 FIELD [SITE] CONDITIONS [NOT USED] 10 1.12 WARRANTY [NOT USED] 11 PART 2- PRODUCTS [NOT USED] 12 PART 3- EXECUTION[NOT USED] 13 END OF SECTION 14 Revision Log DATE NAME SUMMARY OF CHANGE 1.4.B—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 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 013513-7 SPECIAL PROJECT PROCEDURES Page 7 of 8 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 VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 013513-8 SPECIAL PROJECT PROCEDURES Page 8 of 8 1 EXHIBIT B 2 FORT WORTH Date: DOR NO.xaza Imo: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT-OUT,PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, .CONTRACTOR 3 - 4 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCU LENTS City Project No.100275 Revised December 20,2012 016000-1 PRODUCT REQUIREMENTS Page 1 of 2 1 SECTION 0160 00 2 PRODUCT REQUIREMENTS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. References for Product Requirements and City Standard Products List 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1 Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 11 2. Division 1—General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 13 1.3 REFERENCES [NOT USED] 14 1.4 ADMINISTRATIVE REQUIREMENTS 15 A. A list of City approved products for use is located on Buzzsaw as follows: 16 1. Resources\02-Construction Documents\Standard Products List 17 B. Only products specifically included on City's Standard Product List in these Contract 18 Documents shall be allowed for use on the Project. 19 1. Any subsequently approved products will only be allowed for use upon specific 20 approval by the City. 21 C. Any specific product requirements in the Contract Documents supersede similar 22 products included on the City's Standard Product List. 23 1. The City reserves the right to not allow products to be used for certain projects even 24 though the product is listed on the City's Standard Product List. 25 D. Although a specific product is included on City's Standard Product List,not all 26 products from that manufacturer are approved for use,including but not limited to,that 27 manufacturer's standard product. 28 E. See Section 0133 00 for submittal requirements of Product Data included on City's 29 Standard Product List. 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 016000-2 PRODUCT REQUIREMENTS Page 2 of 2 1 1.10 DELIVERY,STORAGE,AND HANDLING[NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2- PRODUCTS [NOT USED] 5 PART 3- EXECUTION [NOT USED] 6 END OF SECTION 7 Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D.Johnson Modified Location of City's Standard Product List 8 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 017123-1 CONSTRUCTION STAKING AND SURVEY Page 1 of 7 1 SECTION 01 71 23 2 CONSTRUCTION STAKING AND SURVEY M 3 4 PART1 - GENERAL 5 1.1 SUMMARY 6 A. Section Includes: 7 1. Requirements for construction staking and construction survey 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 15 A. Measurement and Payment 16 1. Construction Staking 17 a. Measurement 18 1) Measurement for this Item will be by lump sum. 19 b. Payment 20 1) The work performed and the materials furnished in accordance with this 21 Item will be paid at the lump sum price for"Construction Staking". 22 2. Redline Survey 23 a. Measurement 24 1) Measurement for this Item will be by lump sum. 25 b. Payment 26 1) The work performed and the materials furnished in accordance with this 27 Item will be paid at the lump sum price for"Construction Survey". 28 1.3 REFERENCES 29 A. Defmitions 30 1. Redline Survey—The survey measurements made prior to or while construction is 31 in progress to control elevation,horizontal position,dimensions and configuration 32 of structures/improvements included in the Project Drawings. Measurements made 33 after the construction of the improvement feature is complete to provide position 34 coordinates for the features of a project. 35 2. Construction Staking—The placement of stakes and markings to provide offsets 36 and elevations to cut and fill in order to locate on the ground the designed 37 structures/improvements included in the Project Drawings. Construction staking 38 shall include staking easements if indicated on the plans. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Projeot No.100275 Revised Deoember 30,2016 017123-2 CONSTRUCTION STAKING AND SURVEY Page 2 of 7 1 3. Survey"Field Checks" Measurements made after construction staking is 2 completed and before construction work begins to ensure that structures marked on 3 the ground are accurately located per Project Drawings. 4 B. Technical References 5 1. City of Fort Worth—Construction Staking Standards (available on City's Buzzsaw 6 website)—017123.16.01— 17123.16.01_Attachment A Survey Staking Standards. Specification 7 sheet(SpecRequirements.docx)and list of GPS fields and features 8 (GPSFieldsAndFeatures.xlsx). Template file for Redline Survey(Red Line 9 Coordinates.xlsx). 10 2. Texas Department of Transportation(TxDOT)Survey Manual,latest revision 11 3. Texas Society of Professional Land Surveyors(TSPS),Manual of Practice for Land 12 Surveying in the State of Texas,Category 5 13 14 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 15 1.5 SUBMITTALS 16 A. Submittals,if required,shall be in accordance with Section 0133 00. 17 B. All submittals shall be received and reviewed by the City prior to delivery of work. 18 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 19 A. Certificates 20 1. Provide certificate certifying that elevations and locations of improvements are in 21 conformance or non-conformance with requirements of the Contract Documents. 22 a. Certificate must be sealed by a registered professional land surveyor in the 23 State of Texas. 24 B. Field Quality Control Submittals 25 1. Documentation verifying accuracy of field engineering work. Includes coordinate 26 conversions if plans do not indicate grid or ground coordinates. 27 C. Field Quality Control Submittals 28 1. Submit"Cut-Sheets"conforming to the standard template provided by the City 29 (refer to 01 71 23.16.01 —Attachment A—Survey Staking Standards)and 30 Construction Redline Spreadsheet. Contractor shall submit an updated Construction 31 Redline Spreadsheet with the second partial payment request each month. 32 1.7 CLOSEOUT SUBMITTALS 33 A. As-built including GPS data in the form of GIS shapefiles/feature classes (digital survey 34 files in format outlined in Part 2A.5.)and Completed Redline Spreadsheet 35 1. Contractor shall submit the proposed as-built and completed redline spreadsheet 1 36 week prior to scheduling the project final for City review and comment. Revisions, 37 if necessary, shall be made to the as-built and redline spreadsheet and resubmitted 38 to the City prior to scheduling the construction final. 39 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 30,2016 017123-3 CONSTRUCTION STAKING AND SURVEY Page 3 of 7 1 1.9 QUALITY ASSURANCE 2 A. Construction Staking 3 1. Construction staking will be performed by the Contractor. 4 2. Coordination 5 a. Contact City's Project Representative at least 2 weeks in advance for 6 scheduling of Construction Staking. 7 b. It is the Contractor's responsibility to coordinate staking such that 8 construction activities are not delayed or negatively impacted. 9 3. General 10 a. Contractor is responsible for preserving and maintaining stakes. If City 11 surveyors are required to re-stake for any reason,the Contractor will be 12 responsible for costs to perform staking. If in the opinion of the City,a 13 sufficient number of stakes or markings have been lost,destroyed disturbed or 14 omitted that the contracted Work cannot take place then the Contractor will be 15 required to stake or re-stake the deficient areas. 16 B. Redline Survey 17 1. Redline Survey will be performed by the Contractor. 18 2. Coordination 19 a. Contractor to verify that horizontal and vertical control data established in the 20 design survey and required for construction survey is available and in place. 21 b. It is the Contractor's responsibility to coordinate the Redline Survey such that 22 construction activities are not delayed or negatively impacted. 23 1) Contractor shall perform replacements and/or restorations. 24 2) Contractor to coordinate to have City perform survey"Field Check",prior 25 to continuing with any construction staking or subsequent survey. 26 3. General 27 a. Construction survey will be performed in order to document survey work by 28 providing accurate and detailed cut sheets in the format provided by the City 29 Surveyor,as it progresses for Project Records. 30 b. The Contractor shall survey the elevation and location(and provide written 31 documentation to the City)construction features during the progress of the 32 construction including,but not limited to,the following: 33 1) Manholes 34 a) Rim and flowline elevations and coordinates for each manhole 35 2) Water Lines 36 a) Top of pipe elevations and coordinates for waterlines at the following 37 locations: 38 (1) Minimum every 250 linear feet,including 39 (2) Horizontal and vertical points of inflection,curvature, 40 etc. (All Fittings) 41 (3) Cathodic protection test stations 42 (4) Sampling stations 43 (5) Meter boxes/vaults(All sizes) 44 (6) Fire lines 45 (7) Fire hydrants 46 (8) Gate valves 47 (9) Plugs,stub-outs,dead-end lines 48 (10) Air Release valves(Manhole rim and vent pipe) CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 30,2016 017123-4 CONSTRUCTION STAKING AND SURVEY Page 4 of 7 1 (11) Blow off valves(Manhole rim and valve lid) 2 (12) Pressure plane valves 3 (13) Cleaning wyes 4 (14) Casing pipe(each end) 5 6 b) Underground Vaults 7 (1) Rim and flowline elevations and coordinates for each 8 Underground Vault. 9 3) Sanitary Sewer 10 a) Top of pipe elevations and coordinates for sanitary sewer lines at the 11 following locations: 12 (1) Minimum every 250 linear feet,including 13 (2) Horizontal and vertical points of inflection,curvature, 14 etc. 15 (3) Cleanouts 16 b) Manholes and Junction Structures 17 (1) Rim and flowline elevations and coordinates for each 18 manhole and junction structure. 19 4) Stormwater 20 a) Top of pipe elevations and coordinates for storm drain at the following 21 locations: 22 (1)Minimum every 250 linear feet,including 23 (2) Horizontal and vertical points of inflection,curvature, 24 etc. 25 c. For construction methods other than open cut,the Contractor shall perform 26 construction redline survey and verify control data including,but not limited- 27 imited27 to,the following: 28 1) Verification that established benchmarks and control are accurate. 29 2) Use of Benchmarks to furnish and maintain all reference lines and grades 30 for tunneling. 31 3) Use of line and grades to establish the location of the pipe. 32 4) Submit to the City copies of field notes,if requested,used to establish all 33 lines and grades and allow the City to check guidance system setup prior to 34 beginning each tunneling drive. 35 5) Provide access for the City,if requested,to verify the guidance system and 36 the line and grade of the carrier pipe. 37 6) The Contractor remains fully responsible for the accuracy of the work and 38 correction of it,as required. 39 7) Monitor line and grade continuously during construction. 40 8) Record deviation with respect to design line and grade once at each pipe 41 joint and submit daily records to the City 42 9) If the installation does not meet the specified tolerances(as outlined in 43 Sections 33 05 23 and/or 33 05 24),immediately notify the City and correct 44 the installation in accordance with the Contract Documents. 45 1.10 DELIVERY,STORAGE,AND HANDLING[NOT USED] 46 1.11 FIELD [SITE] CONDITIONS [NOT USED] 47 1.12 WARRANTY CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 30,2016 017123-5 CONSTRUCTION STAKING AND SURVEY Page 5 of 7 1 PART 2- PRODUCTS 2 A. A redline survey will produce,but will not be limited to: 3 1. Recovery of relevant control points,points of curvature and points of intersection. 4 2. Establish temporary horizontal and vertical control elevations(benchmarks) 5 sufficiently permanent and located in a manner to be used throughout construction. 6 3. The location of planned facilities,easements and improvements. 7 a. Establishing final line and grade stakes for piers,floors,grade beams,parking 8 areas,utilities,streets,highways,tunnels,and other construction. 9 b. A record of revisions or corrections noted in an orderly manner for reference. 10 c. A drawing,when required by the client,indicating the horizontal and vertical 11 location of facilities,easements and improvements,as built. 12 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all 13 construction staking projects. These cut sheets shall be on the standard city template 14 which can be obtained from the Survey Superintendent(817-392-7925). 15 5. Digital survey files in the following formats shall be acceptable: 16 a. AutoCAD(.dwg) 17 b. Microstation(.dgn) 18 c. Text File(.txt) 19 d. ESRI Shapefile(shp) 20 e. CSV file(.csv) 21 6. Survey files shall include vertical and horizontal data tied to original project 22 control and benchmarks,and shall include feature descriptions 23 PART 3- EXECUTION 24 3.1 INSTALLERS 25 A. Tolerances: 26 1. The staked location of any improvement or facility should be as accurate as 27 practical and necessary. The degree of precision required is dependent on many 28 factors all of which must remain judgmental. The tolerances listed hereafter are 29 based on generalities and,under certain circumstances,shall yield to specific 30 requirements. The surveyor shall assess any situation by review of the overall plans 31 and through consultation with responsible parties as to the need for specific 32 tolerances. 33 a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical 34 tolerance. Horizontal alignment for earthwork and rough cut should not exceed 35 1.0 ft. tolerance. 36 b. Horizontal alignment on a structure should not exceed 0.03ft. tolerance. 37 c. Paving or concrete for streets,curbs,gutters,parking areas,drives,alleys and 38 walkways shall be located within the confines of the site boundaries and, 39 occasionally,along a boundary or any other restrictive line. Away from any 40 restrictive line,these facilities should be staked with an accuracy producing no 41 more than 0.05ft. tolerance from their specified locations. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 30,2016 017123-6 CONSTRUCTION STAKING AND SURVEY Page 6 of 7 1 d. Underground and overhead utilities,such as sewers,gas,water,telephone and 2 electric lines,shall be located horizontally within their prescribed areas or 3 easements.Within assigned areas,these utilities should be staked with an 4 accuracy producing no more than 0.1 ft tolerance from a specified location. 5 e. The accuracy required for the vertical location of utilities varies widely. Many 6 underground utilities require only a minimum cover and a tolerance of 0.1 ft. 7 should be maintained.Underground and overhead utilities on planned profile, 8 but not depending on gravity flow for performance,should not exceed 0.1 ft. 9 tolerance. 10 B. Surveying instruments shall be kept in close adjustment according to manufacturer's 11 specifications or in compliance to standards. The City reserves the right to request a 12 calibration report at any time and recommends regular maintenance schedule be 13 performed by a certified technician every 6 months. 14 1. Field measurements of angles and distances shall be done in such fashion as to 15 satisfy the closures and tolerances expressed in Part 3.1.A. 16 2. Vertical locations shall be established from a pre-established benchmark and 17 checked by closing to a different bench mark on the same datum. 18 3. Construction survey field work shall correspond to the client's plans. Irregularities 19 or conflicts found shall be reported promptly to the City. 20 4. Revisions,corrections and other pertinent data shall be logged for future reference. 21 22 3.2 EXAMINATION [NOT USED] 23 3.3 PREPARATION [NOT USED] 24 3.4 APPLICATION 25 3.5 REPAIR/RESTORATION 26 A. If the Contractor's work damages or destroys one or more of the control 27 monuments/points set by the City,the monuments shall be adequately referenced for 28 expedient restoration. 29 1. Notify City if any control data needs to be restored or replaced due to damage 30 caused during construction operations. 31 a. Contractor shall perform replacements and/or restorations. 32 b. The City may require at any time a survey"Field Check"of any monument or 33 benchmarks that are set be verified by the City surveyors before further 34 associated work can move forward. 35 3.6 RE-INSTALLATION [NOT USED] 36 3.7 FIELD 1oR] SITE QUALITY CONTROL 37 A. It is the Contractor's responsibility to maintain all stakes and control data placed by the 38 City in accordance with this Specification. This includes easements,if noted on the 39 plans. 40 B. Do not change or relocate stakes or control data without approval from the City. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 30,2016 017123-7 CONSTRUCTION STAKING AND SURVEY Page 7 of 7 1 3.8 SYSTEM STARTUP 2 A. Survey Checks 3 1. The City reserves the right to perform a Survey Check at any time deemed 4 necessary. 5 2. Checks by City personnel or 3'party contracted surveyor are not intended to 6 relieve the contractor of his/her responsibility for accuracy. 7 8 3.9 ADJUSTING [NOT USED] 9 3.10 CLEANING[NOT USED] 10 3.11 CLOSEOUT ACTIVITIES [NOT USED] 11 3.12 PROTECTION [NOT USED] 12 3.13 MAINTENANCE [NOT USED] 13 3.14 ATTACHMENTS 14 A. 01 71 23.01 Survey Staking Standards 15 END OF SECTION 16 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D.Johnson Added Instruction under 1.2;Added 1.3.A.and 1.2.13.;Modified 1.5.13.;Modified 1.6.A.;Removed 1.6.13.;Modified 1.9.A. 1.;Modified 1.9.A.3.a.;Removed 1.9.A.3.b.;Modified 1.9.13.1.;Removed 1.9.13.3.6.2)ax1);Modified 1.9.A.3.a; 12/30/2016 F.Griffin Removed 1.9.A.3.b.;Modified 1.9.13.1.;Modified 1.9.B.2.a.;Modified 1.9.B.2.b.; Removed 1.9.B.2.c.and d.;Modified 1.9.13.3.a.;Modified 1.9.B.3.b.;Added PART 2—PRODUCTS;Added 3.1.A.;Added 3A.B.;Added 3.5.A.;Modified 3.7.A.; Modified 3.7.13.;Added 3.8. 17 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 30,2016 Division 02 EXISTING CONDITIONS 0241 14-1 UTILITY REMOVAL/ABANDONMENT Page 1 of 17 1 OSECTION 02 41 14 2 UTILITY REMOVAL/ABANDONMENT 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Direction for the removal,abandonment or salvaging of the following utilities: 7 a. Cathodic Protection Test Stations 8 b. Water Lines 9 c. Gate Valves 10 d. Water Valves 11 e. Fire Hydrants 12 f. Water Meters and Meter Box 13 g. Water Sampling Station 14 h. Concrete Water Vaults 15 i. Sanitary Sewer Lines 16 j. Sanitary Sewer Manholes 17 k. Sanitary Sewer Junction Boxes 18 1. Storm Sewer Lines 19 in. Storm Sewer Manhole Risers 20 n. Storm Sewer Junction Boxes 21 o. Storm Sewer Inlets 22 p. Box Culverts 23 q. Headwalls and Safety End Treatments 24 r. Trench Drains 25 B. Deviations from this City of Fort Worth Standard Specification 26 1. Unless otherwise stated on the construction drawings and specific project 27 contract documents(bid proposal form),the demolition, abandonment and 28 removal of all buried utilities and appurtenances for the existing sanitary sewer, 29 water and storm sewer systems as identified on the construction plans and 30 impacted by the utility trench shall be considered subsidiary to other items bid 31 This also includes the removal of any driveways and sidewalks that are affected 32 by the utility trench. 33 C. Related Specification Sections include,but are not necessarily limited to: 34 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 35 2. Division 1 —General Requirements 36 3. Section 03 34 13—Controlled Low Strength Material(CLSM) 37 4. Section 33 05 10—Utility Trench Excavation,Embedment and Backfill 38 5. Section 33 05 24—Installation of Carrier Pipe in Casing or Tunnel Liner Plate 39 6. Section 33 11 11—Ductile Iron Fittings 40 7. Section 33 11 13—Concrete Pressure Pipe,Bar-wrapped, Steel Cylinder Type 41 8. Section 33 11 14—Buried Steel Pipe and Fittings 42 9. Section 33 12 25—Connection to Existing Water Mains CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 0241 14-2 UTILITY REMOVAL/ABANDONMENT Page 2 of 17 1 1.2 PRICE AND PAYMENT PROCEDURES 2 A. Utility Lines 3 1. Abandonment of Utility Line by Grouting 4 a. Measurement 5 1) Measurement for this Item shall be per cubic yard of existing utility line to 6 be grouted.Measure by tickets showing cubic yards of grout applied. 7 b. Payment 8 1) The work performed and materials furnished in accordance with this Item 9 and measured as provided under"Measurement"shall be paid for at the 10 unit price per cubic yard of"Line Grouting"for: 11 a) Various types of utility line 12 c. The price bid shall include: 13 1) Low density cellular grout or CLSM 14 2) Water 15 3) Pavement removal 16 4) Excavation 17 5) Hauling 18 6) Disposal of excess materials 19 7) Furnishing,placement and compaction of backfill 20 8) Clean-up 21 2. Utility Line Removal,Separate Trench 22 a. Measurement 23 1) Measurement for this Item shall be per linear foot of existing utility line to 24 be removed. 25 b. Payment 26 1) The work performed and materials furnished in accordance with this Item 27 and measured as provided under"Measurement"shall be paid for at the 28 unit price bid per linear foot of"Remove Line"for: 29 a) Various types of existing utility line 30 b) Various sizes 31 c. The price bid shall include: 32 1) Removal and disposal of existing utility pipe 33 2) Pavement removal 34 3) Excavation 35 4) Hauling 36 5) Disposal of excess materials 37 6) Furnishing,placement and compaction of backfill 38 7) Clean-up 39 3. Utility Line Removal,Same Trench 40 a. Measurement 41 1) This Item is considered subsidiary the proposed utility line being installed. 42 b. Payment 43 1) The work performed and materials furnished in accordance with this Item 44 are subsidiary to the installation of proposed utility pipe and shall be 45 subsidiary to the unit price bid per linear foot of pipe complete in place,and 46 no other compensation will be allowed. 47 4. Manhole Abandonment 48 a. Measurement CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 0241 14-3 UTILITY REMOVAL/ABANDONMENT Page 3 of 17 1 1) Measurement for this Item will be per each manhole to be abandoned. 2 b. Payment 3 1) The work performed and materials furnished in accordance with this Item 4 and measured as provided under"Measurement"shall be paid for at the 5 unit price bid per each"Abandon Manhole"for: 6 a) Various diameters 7 b) Various types 8 c. The price bid shall include: 9 1) Removal and disposal of manhole cone 10 2) Removal,salvage and delivery of frame and cover to City,if applicable 11 3) Cutting and plugging of existing sewer lines 12 4) Concrete 13 5) Acceptable material for backfilling manhole void 14 6) Pavement removal 15 7) Excavation 16 8) Hauling 17 9) Disposal of excess materials 18 10)Furnishing,placement and compaction of backfill 19 11) Surface restoration 20 12) Clean-up 21 5. Cathodic Test Station Abandonment 22 a. Measurement 23 1) Measurement for this Item will be per each cathodic test station to be 24 abandoned. 25 b. Payment 26 1) The work performed and materials furnished in accordance with this Item 27 and measured as provided under"Measurement"shall be paid for at the 28 unit price bid per each"Abandon Cathodic Test Station". 29 c. The price bid shall include: 30 1) Abandon cathodic test station 31 2) CLSM 32 3) Pavement removal 33 4) Excavation 34 5) Hauling 35 6) Disposal of excess materials 36 7) Furnishing,placement and compaction of backfill 37 8) Clean-up 38 B. Water Lines and Appurtenances 39 1. Installation of a Water Line Pressure Plug 40 a. Measurement 41 1) Measurement for this Item shall be per each pressure plug to be installed. 42 b. Payment 43 1) The work performed and materials furnished in accordance with this Item 44 and measured as provided under"Measurement"shall be paid for at the 45 unit price bid for each"Pressure Plug"installed for: 46 a) Various sizes 47 c. The price bid shall include: 48 1) Furnishing and installing pressure plug 49 2) Pavement removal CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Na 100275 Revised December 20,2012 0241 14-4 UTILITY REMOVAL/ABANDONMENT Page 4 of 17 1 3) Excavation 2 4) Hauling 3 5) Disposal of excess material 4 6) Gaskets 5 7) Bolts and Nuts 6 8) Furnishing,placement and compaction of embedment 7 9) Furnishing,placement and compaction of backfill 8 10)Disinfection 9 11)Testing 10 12) Clean-up 11 2. Abandonment of Water Line by Cut and installation of Abandonment Plug 12 a. Measurement 13 1) Measurement for this Item shall be per each cut and abandonment plug 14 installed. 15 b. Payment 16 1) The work performed and materials furnished in accordance with this Item 17 and measured as provided under"Measurement"shall be paid for at the 18 unit price bid for each"Water Abandonment Plug"installed for: 19 a) Various sizes 20 c. The price bid shall include: 21 1) Furnishing and installing abandonment plug 22 2) Pavement removal 23 3) Excavation 24 4) Hauling 25 5) CLSM 26 6) Disposal of excess material 27 7) Furnishing,placement and compaction of backfill 28 8) Clean-up 29 3. Water Valve Removal 30 a. Measurement 31 1) Measurement for this Item will be per each water valve to be removed. 32 b. Payment 33 1) The work performed and materials furnished in accordance with this Item 34 and measured as provided under"Measurement"shall be paid for at the 35 unit price bid per each"Remove Water Valve"for: 36 a) Various sizes 37 c. The price bid shall include: 38 1) Removal and disposal of valve 39 2) CLSM 40 3) Pavement removal 41 4) Excavation 42 5) Hauling 43 6) Disposal of excess materials 44 7) Furnishing,placement and compaction of backfill 45 8) Clean-up 46 4. Water Valve Removal and Salvage 47 a. Measurement 48 1) Measurement for this Item will be per each water valve to be removed and 49 salvaged. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 0241 14-5 UTILITY REMOVAL/ABANDONMENT Page 5 of 17 1 b. Payment 2 1) The work performed and materials furnished in accordance with this Item 3 and measured as provided under"Measurement"shall be paid for at the 4 unit price bid per each"Salvage Water Valve"for: 5 a) Various sizes 6 c. The price bid shall include: 7 1) Removal and Salvage of valve 8 2) CLSM 9 3) Delivery to City 10 4) Pavement removal 11 5) Excavation 12 6) Hauling 13 7) Disposal of excess materials 14 8) Furnishing,placement and compaction of backfill 15 9) Clean-up 16 5. Water Valve Abandonment 17 a. Measurement 18 1) Measurement for this Item will be per each water valve to be abandoned. 19 b. Payment 20 1) The work performed and materials furnished in accordance with this Item 21 and measured as provided under"Measurement"shall be paid for at the 22 unit price bid per each"Abandon Water Valve"for: 23 a) Various Sizes 24 c. The price bid shall include: 25 1) Abandonment of valve 26 2) CLSM 27 3) Pavement removal 28 4) Excavation 29 5) Hauling 30 6) Disposal of excess materials 31 7) Furnishing,placement and compaction of backfill 32 8) Clean-up 33 6. Fire Hydrant Removal and Salvage 34 a. Measurement 35 1) Measurement for this Item will be per each fire hydrant to be removed. 36 b. Payment 37 1) The work performed and materials furnished in accordance with this Item 38 and measured as provided under"Measurement"shall be paid for at the 39 unit price bid per each"Salvage Fire Hydrant". 40 c. The price bid shall include: 41 1) Removal and salvage of fire hydrant 42 2) Delivery to City 43 3) Pavement removal 44 4) Excavation 45 5) Hauling 46 6) Disposal of excess materials 47 7) Furnishing,placement and compaction of backfill 48 8) Clean-up 49 7. Water Meter Removal and Salvage CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 0241 14-6 UTILITY REMOVAL/ABANDONMENT Page 6 of 17 1 a. Measurement 2 1) Measurement for this Item will be per each water meter to be removed and 3 salvaged. 4 b. Payment 5 1) The work performed and materials furnished in accordance with this Item 6 and measured as provided under"Measurement"shall be paid for at the 7 unit price bid per each"Salvage Water Meter"for: 8 a) Various sizes 9 2) If a"Water Meter Service Relocate"is performed in accordance with 10 Section 33 12 10,removal and salvage or disposal of the existing(2-inch or 11 smaller)water meter shall be subsidiary to the cost of the"Water Meter 12 Service Relocate",no other compensation will be allowed. 13 c. The price bid shall include: 14 1) Removal and salvage of water meter 15 2) Delivery to City 16 3) Pavement removal 17 4) Excavation 18 5) Hauling 19 6) Disposal of excess materials 20 7) Furnishing,placement and compaction of backfill 21 8) Clean-up 22 8. Water Sampling Station Removal and Salvage 23 a. Measurement 24 1) Measurement for this Item will be per each water sampling station to be 25 removed. 26 b. Payment 27 1) The work performed and materials furnished in accordance with this Item 28 and measured as provided under"Measurement"shall be paid for at the 29 unit price bid per each"Salvage Water Sampling Station". 30 c. The price bid shall include: 31 1) Removal and salvage of water sampling station 32 2) Delivery to City 33 3) Pavement removal 34 4) Excavation 35 5) Hauling 36 6) Disposal of excess materials 37 7) Furnishing,placement and compaction of backfill 38 8) Clean-up 39 9. Concrete Water Vault Removal 40 a. Measurement 41 1) Measurement for this Item will be per each concrete water vault to be 42 removed. 43 b. Payment 44 1) The work performed and materials furnished in accordance with this Item 45 and measured as provided under"Measurement"shall be paid for at the 46 unit price bid per each"Remove Concrete Water Vault". 47 c. The price bid shall include: 48 1) Removal and disposal of concrete water vault 49 2) Removal,salvage and delivery of frame and cover to City,if applicable CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 0241 14-7 UTILITY REMOVAL/ABANDONMENT Page 7 of 17 1 3) Removal,salvage and delivery of any valves to City,if applicable 2 4) Removal,salvage and delivery of any water meters to City,if applicable 3 5) Pavement removal 4 6) Excavation 5 7) Hauling 6 8) Disposal of excess materials 7 9) Furnishing,placement and compaction of backfill 8 10) Clean-up 9 C. Sanitary Sewer Lines and Appurtenances 10 1. Abandonment of Sanitary Sewer Line by Cut and installation of Abandonment Plug 11 a. Measurement 12 1) Measurement for this Item shall be per each cut and abandonment plug 13 installed. 14 b. Payment 15 1) The work performed and materials furnished in accordance with this Item 16 and measured as provided under"Measurement"shall be paid for at the 17 unit price bid for each"Sewer Abandonment Plug"for: 18 a) Various sizes 19 c. The price bid shall include: 20 1) Furnishing and installing abandonment plug 21 2) Pavement removal 22 3) Excavation 23 4) Hauling 24 5) CLSM 25 6) Disposal of excess material 26 7) Furnishing,placement and compaction of backfill 27 8) Clean-up 28 2. Sanitary Sewer Manhole Removal 29 a. Measurement 30 1) Measurement for this Item will be per each sanitary sewer manhole to be 31 removed. 32 b. Payment 33 1) The work performed and materials furnished in accordance with this Item 34 and measured as provided under"Measurement"shall be paid for at the 35 unit price bid per each"Remove Sewer Manhole"for: 36 a) Various diameters 37 c. The price bid shall include: 38 1) Removal and disposal of manhole 39 2) Removal,salvage and delivery of frame and cover to City,if applicable 40 3) Cutting and plugging of existing sewer lines 41 4) Pavement removal 42 5) Excavation 43 6) Hauling 44 7) Disposal of excess materials 45 8) Furnishing,placement and compaction of backfill 46 9) Clean-up 47 3. Sanitary Sewer Junction Structure Removal 48 a. Measurement CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 0241 14-8 UTILITY REMOVAL/ABANDONMENT Page 8 of 17 1 1) Measurement for this Item will be per each sanitary sewer junction 2 structure being removed. 3 b. Payment 4 1) The work performed and materials furnished in accordance with this Item 5 and measured as provided under"Measurement"shall be paid for at the 6 lump sum bid per each"Remove Sewer Junction Box"location. 7 c. The price bid shall include: 8 1) Removal and disposal of junction box 9 2) Removal,salvage and delivery of frame and cover to City. 10 3) Pavement removal 11 4) Excavation 12 5) Hauling 13 6) Disposal of excess materials 14 7) Furnishing,placement and compaction of backfill 15 8) Clean-up 16 D. Storm Sewer Lines and Appurtenances 17 1. Abandonment of Storm Sewer Line by Cut and installation of Abandonment Plug 18 a. Measurement 19 1) Measurement for this Item shall be per each cut and abandonment plug to 20 be installed. 21 b. Payment 22 1) The work performed and materials furnished in accordance with this Item 23 and measured as provided under"Measurement"shall be paid for at the 24 unit price bid for each"Storm Abandonment Plug"installed for: 25 a) Various sizes 26 c. The price bid shall include: 27 1) Furnishing and installing abandonment plug 28 2) Pavement removal 29 3) Excavation 30 4) Hauling 31 5) CLSM 32 6) Disposal of excess material 33 7) Furnishing,placement and compaction of backfill 34 8) Clean-up 35 2. Storm Sewer Manhole Removal 36 a. Measurement 37 1) Measurement for this Item will be per each storm sewer manhole to be 38 removed. 39 b. Payment 40 1) The work performed and materials furnished in accordance with this Item 41 and measured as provided under"Measurement"shall be paid for at the 42 unit price bid per each"Remove Manhole Riser"for: 43 a) Various sizes 44 c. The price bid shall include: 45 1) Removal and disposal of manhole 46 2) Removal,salvage and delivery of frame and cover to City,if applicable 47 3) Pavement removal 48 4) Excavation 49 5) Hauling CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 0241 14-9 UTILITY REMOVAL/ABANDONMENT Page 9 of 17 1 6) Disposal of excess materials 2 7) Furnishing,placement and compaction of backfill 3 8) Clean-up 4 3. Storm Sewer Junction Box Removal 5 a. Measurement 6 1) Measurement for this Item will be per each storm sewer junction structure 7 to be removed. 8 b. Payment 9 1) The work performed and materials furnished in accordance with this Item 10 and measured as provided under"Measurement"shall be paid for at the 11 unit price bid per each"Remove Storm Junction Box"for: 12 a) Various sizes 13 c. The price bid shall include: 14 1) Removal and disposal of junction box 15 2) Removal,salvage and delivery of frame and cover to City,if applicable 16 3) Pavement removal 17 4) Excavation 18 5) Hauling 19 6) Disposal of excess materials 20 7) Furnishing,placement and compaction of backfill 21 8) Clean-up 22 4. Storm Sewer Junction Structure Removal 23 a. Measurement 24 1) Measurement for this Item will be per each storm sewer junction structure 25 being removed. 26 b. Payment 27 1) The work performed and materials furnished in accordance with this Item 28 and measured as provided under"Measurement"shall be paid for at the 29 lump sum bid per each"Remove Storm Junction Structure"location. 30 c. The price bid shall include: 31 1) Removal and disposal of junction structure 32 2) Removal,salvage and delivery of frame and cover to City,if applicable 33 3) Pavement removal 34 4) Excavation 35 5) Hauling 36 6) Disposal of excess materials 37 7) Furnishing,placement and compaction of backfill 38 8) Clean-up 39 5. Storm Sewer Inlet Removal 40 a. Measurement 41 1) Measurement for this Item will be per each storm sewer inlet to be 42 removed. 43 b. Payment 44 1) The work performed and materials furnished in accordance with this Item 45 and measured as provided under"Measurement"shall be paid for at the 46 unit price bid per each"Remove Storm Inlet"for: 47 a) Various types 48 b) Various sizes 49 c. The price bid shall include: CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 0241 14-10 UTILITY REMOVAL/ABANDONMENT Page 10 of 17 1 1) Removal and disposal of inlet 2 2) Pavement removal 3 3) Excavation 4 4) Hauling 5 5) Disposal of excess materials 6 6) Furnishing,placement and compaction of backfill 7 7) Clean-up 8 6. Storm Sewer Junction Box Removal 9 a. Measurement 10 1) Measurement for this Item shall be per linear foot of existing storm sewer 11 box to be removed. 12 b. Payment 13 1) The work performed and materials furnished in accordance with this Item 14 and measured as provided under"Measurement"shall be paid for at the 15 unit price bid per linear foot of"Remove Storm Junction Box"for all sizes. 16 c. The price bid shall include: 17 1) Removal and disposal of Storm Sewer Box 18 2) Pavement removal 19 3) Excavation 20 4) Hauling 21 5) Disposal of excess materials 22 6) Furnishing,placement and compaction of backfill 23 7) Clean-up 24 7. Headwall/SET Removal 25 a. Measurement 26 1) Measurement for this Item will be per each headwall or safety end 27 treatment(SET)to be removed. 28 b. Payment 29 1) The work performed and materials furnished in accordance with this Item 30 and measured as provided under"Measurement"shall be paid for at the 31 unit price bid per each"Remove Headwall/SET". 32 c. The price bid shall include: 33 1) Removal and disposal of Headwall/SET 34 2) Pavement removal 35 3) Excavation 36 4) Hauling 37 5) Disposal of excess materials 38 6) Furnishing,placement and compaction of backfill 39 7) Clean-up 40 8. Trench Drain Removal 41 a. Measurement 42 1) Measurement for this Item shall be per linear foot of storm sewer trench 43 drain to be removed. 44 b. Payment 45 1) The work performed and materials furnished in accordance with this Item 46 and measured as provided under"Measurement"shall be paid for at the 47 unit price bid per linear foot of"Remove Trench Drain"for: 48 a) Various sizes 49 c. The price bid shall include: CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 024114-11 UTILITY REMOVAL/ABANDONMENT Page 11 of 17 1 1) Removal and disposal of storm sewer line 2 2) Pavement removal 3 3) Excavation 4 4) Hauling 5 5) Disposal of excess materials 6 6) Furnishing,placement and compaction of backfill 7 7) Clean-up 8 1.3 REFERENCES [NOT USED] 9 1.4 ADMINISTRATIVE REQUIREMENTS 10 A. Coordination 11 1. Contact Inspector and the Water Department Field Operation Storage Yard for 12 coordination of salvage material return. 13 1.5 SUBMITTALS [NOT USED] 14 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 15 1.7 CLOSEOUT SUBMITTALS [NOT USED] 16 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 17 1.9 QUALITY ASSURANCE [NOT USED] 18 1.10 DELIVERY,STORAGE,AND HANDLING 19 A. Storage and Handling Requirements 20 1. Protect and salvage all materials such that no damage occurs during delivery to the 21 City. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 0241 14-12 UTILITY REMOVAL/ABANDONMENT Page 12 of 17 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART2- PRODUCTS 4 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 5 2.2 MATERIALS 6 2.3 ACCESSORIES [NOT USED] 7 2.4 SOURCE QUALITY CONTROL [NOT USED] 8 PART 3- EXECUTION 9 3.1 INSTALLERS [NOT USED] 10 3.2 EXAMINATION [NOT USED] 11 3.3 PREPARATION [NOT USED] 12 3.4 REMOVAL,SALVAGE,AND ABANDONMENT 13 A. General 14 1. Manhole Abandonment 15 a. All manholes that are to be taken out of service are to be removed unless 16 specifically requested and/or approved by City. 17 b. Excavate and backfill in accordance with Section 33 05 10. 18 c. Remove and salvage manhole frame and cover as coordinated with City. 19 d. Deliver salvaged material to the City. 20 e. Cut and plug sewer lines to be abandoned. 21 f. Backfill manhole void in accordance with City Standard Details. 22 B. Water Lines and Appurtenances 23 1. Water Line Pressure Plugs 24 a. Ductile Iron Water Lines 25 1) Excavate,embed,and backfill in accordance with Section 33 05 10. 26 2) Plug with an MJ Plug with mechanical restraint and blocking in accordance 27 with Section 33 11 11. 28 3) Perform Cut and Plug in accordance with Section 33 12 25. 29 b. PVC C900 and C905 Water Lines 30 1) Excavate,embed,and backfill in accordance with Section 33 05 10. 31 2) Plug with an MJ Plug with mechanical restraint and blocking in accordance 32 with Section 33 11 11. 33 3) Perform Cut and Plug in accordance with Section 33 12 25. 34 c. Concrete Pressure Pipe,Bar Wrapped, Steel Cylinder Type Water Lines 35 1) Excavate,embed,and backfill in accordance with Section 33 05 10 36 2) Plug using: 37 a) A fabricated plug restrained by welding or by a Snap Ring in 38 accordance with Section 33 11 13;or CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 0241 14-13 UTILITY REMOVAL/ABANDONMENT Page 13 of 17 1 b) A blind flange in accordance with Section 33 11 13 2 3) Perform Cut and Plug in accordance with Section 33 12 25. 3 d. Buried Steel Water Lines 4 1) Excavate,embed, and backfill in accordance with Section 33 05 10. 5 2) Plug using: 6 a) A fabricated plug restrained by welding in accordance with Section 33 7 1114;or 8 b) A blind flange in accordance with Section 33 11 14 9 3) Perform Cut and Plug in accordance with Section 33 12 25. 10 2. Water Line Abandonment Plug 11 a. Excavate and backfill in accordance with Section 33 05 10. 12 b. Plug with CLSM in accordance with Section 03 34 13. 13 3. Water Line Abandonment by Grouting 14 a. Excavate and backfill in accordance with Section 33 05 10. 15 b. Dewater from existing line to be grouted. 16 c. Fill line with Low Density Cellular Grout in accordance with Section 33 05 24 17 or CLSM in accordance with 03 34 13. 18 d. Dispose of any excess material. 19 4. Water Line Removal 20 a. Excavate and backfill in accordance with Section 33 05 10. 21 b. Cut existing line from the utility system prior to removal. 22 c. Cut any services prior to removal. 23 d. Remove existing pipe line and properly dispose as approved by City. 24 5. Water Valve Removal 25 a. Excavate and backfill in accordance with Section 33 05 10. 26 b. Remove and dispose of valve bonnet,wedge and stem. 27 c. Fill valve body with CLSM in accordance with Section 03 34 13. 28 6. Water Valve Removal and Salvage 29 a. Excavate and backfill in accordance with Section 33 05 10. 30 b. Remove valve bonnet,wedge and stem. 31 c. Deliver salvaged material to the Water Department Field Operation Storage 32 Yard. 33 d. Protect salvaged materials from damage. 34 e. Fill valve body with CLSM in accordance with Section 03 34 13. 35 7. Water Valve Abandonment 36 a. Excavate and backfill in accordance with Section 33 05 10. 37 b. Remove the top 2 feet of the valve stack and any valve extensions. 38 c. Fill the remaining valve stack with CLSM in accordance with Section 03 34 13. 39 8. Fire Hydrant Removal and Salvage 40 a. Excavate and backfill in accordance with Section 33 05 10. 41 b. Remove Fire Hydrant. 42 c. Place abandonment plug on fire hydrant lead line. 43 d. Deliver salvaged fire hydrant to the Water Department Field Operation Storage 44 Yard. 45 e. Protect salvaged materials from damage. 46 9. Water Meter Removal and Salvage 47 a. Remove and salvage water meter. 48 b. Return salvaged meter to Project Representative. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 0241 14-14 UTILITY REMOVAL/ABANDONMENT Page 14 of 17 1 c. City will provide replacement meter for installation. 2 d. Meter Box and Lid 3 1) Remove and salvage cast iron meter box lid. 4 2) Remove and dispose of any non-cast iron meter box lid. 5 3) Return salvaged material to the Water Department Field Operation Storage 6 Yard. 7 4) Remove and dispose of meter box. 8 10. Water Sample Station Removal and Salvage 9 a. Remove and salvage existing water sample station. 10 b. Deliver salvaged material to the Water Department Field Operation Storage 11 Yard. 12 11. Concrete Water Vault Removal 13 a. Excavate and backfill in accordance with Section 33 05 10. 14 b. Remove and salvage vault lid. 15 c. Remove and salvage valves. 16 d. Remove and salvage meters. 17 e. Deliver salvaged material to the Water Department Field Operation Storage 18 Yard. 19 f. Remove and dispose of any piping or other appurtenances. 20 g. Demolish and remove entire concrete vault. 21 h. Dispose of all excess materials. 22 12. Cathodic Test Station Abandonment 23 a. Excavate and backfill in accordance with Section 33 05 10 24 b. Remove the top 2 feet of the cathodic test station stack and contents. 25 c. Fill any remaining voids with CLSM in accordance with Section 03 34 13. 26 C. Sanitary Sewer Lines and Appurtenances 27 1. Sanitary Sewer Line Abandonment Plug 28 a. Excavate and backfill in accordance with Section 33 05 10. 29 b. Remove and dispose of any sewage. 30 c. Plug with CLSM in accordance with Section 03 34 13. 31 2. Sanitary Sewer Line Abandonment by Grouting 32 a. Excavate and backfill in accordance with Section 33 05 10. 33 b. Dewater and dispose of any sewage from the existing line to be grouted. 34 c. Fill line with Low Density Cellular Grout in accordance with Section 33 05 24 35 or CLSM in accordance with 03 3413. 36 d. Dispose of any excess material. 37 3. Sanitary Sewer Line Removal 38 a. Excavate and backfill in accordance with Section 33 05 10. 39 b. Cut existing line from the utility system prior to removal. 40 c. Cut any services prior to removal. 41 d. Remove existing pipe line and properly dispose as approved by City. 42 4. Sanitary Sewer Manholes Removal 43 a. All sanitary sewer manholes that are to be taken out of service are to be 44 removed unless specifically requested and/or approved by City. 45 b. Excavate and backfill in accordance with Section 33 05 10. 46 c. Remove and salvage manhole frame and cover. 47 d. Deliver salvaged material to the Water Department Field Operation Storage. 48 e. Demolish and remove entire concrete manhole. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 0241 14-15 UTILITY REMOVAL/ABANDONMENT Page 15 of 17 1 f. Cut and plug sewer lines to be abandoned. 2 5. Sanitary Sewer Junction Structure Removal 3 a. Excavate and backfill in accordance with Section 33 05 10. 4 b. Remove and salvage manhole frame and cover. 5 c. Deliver salvaged material to the Water Department Field Operation Storage. 6 d. Demolish and remove entire concrete manhole. 7 e. Cut and plug sewer lines to be abandoned. 8 D. Storm Sewer Lines and Appurtenances 9 1. Storm Sewer Abandonment Plug 10 a. Excavate and backfill in accordance with Section 33 05 10. 11 b. Dewater line. 12 c. Plug with CLSM in accordance with Section 03 34 13. 13 2. Storm Sewer Line Abandonment by Grouting 14 a. Excavate and backfill in accordance with Section 33 05 10. 15 b. Dewater the existing line to be grouted. 16 c. Fill line with Low Density Cellular Grout in accordance with Section 33 05 24 17 or CLSM in accordance with 03 34 13. 18 d. Dispose of any excess material. 19 3. Storm Sewer Line Removal 20 a. Excavate and backfill in accordance with Section 33 05 10. 21 b. Remove existing pipe line and properly dispose as approved by City. 22 4. Storm Sewer Manhole Removal 23 a. All storm sewer manholes that are to be taken out of service are to be removed 24 unless specifically requested and/or approved by City. 25 b. Excavate and backfill in accordance with Section 33 05 10. 26 c. Demolish and remove entire concrete manhole. 27 d. Cut and plug storm sewer lines to be abandoned. 28 5. Storm Sewer Junction Box and/or Junction Structure Removal 29 a. Excavate and backfill in accordance with Section 33 05 10. 30 b. Demolish and remove entire concrete structure. 31 c. Cut and plug storm sewer lines to be abandoned. 32 6. Storm Sewer Inlet Removal 33 a. Excavate and backfill in accordance with Section 33 05 10. 34 b. Demolish and remove entire concrete inlet. 35 c. Cut and plug storm sewer lines to be abandoned. 36 7. Storm Sewer Box Removal 37 a. Excavate and backfill in accordance with Section 33 05 10. 38 b. Cut existing line from the utility system prior to removal. 39 c. Cut any services prior to removal. 40 d. Remove existing pipe line and properly dispose as approved by City. 41 8. Headwall/SET Removal 42 a. Excavate and backfill in accordance with Section 33 05 10. 43 b. Demolish and remove entire concrete inlet. 44 c. Cut and plug storm sewer lines to be abandoned. 45 9. Storm Sewer Trench Drain Removal 46 a. Excavate and backfill in accordance with Section 33 05 10. 47 b. Remove existing pipe line and dispose as approved by City. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 0241 14-16 UTILITY REMOVAL/ABANDONMENT Page 16 of 17 1 3.5 REPAIR/RESTORATION [NOT USED] 2 3.6 RE-INSTALLATION [NOT USED] 3 3.7 FIELD [OR] SITE QUALITY CONTROL 4 3.8 SYSTEM STARTUP [NOT USED] 5 3.9 ADJUSTING[NOT USED] 6 3.10 CLEANING[NOT USED] '? 3.11 CLOSEOUT ACTIVITIES [NOT USED] 8 3.12 PROTECTION [NOT USED] 9 3.13 MAINTENANCE [NOT USED] 10 3.14 ATTACHMENTS [NOT USED] 11 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 0241 14-17 UTILITY REMOVAL/ABANDONMENT Page 17 of 17 1 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1.2.C.3.c.—Include Frame and Cover in Payment description 12/20/12 D.Johnson Throughout—added abandonment of storm and sewer manholes when requested and/or approved by City 2 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 Division 33 UTILIITIES 330513-1 FRAME,COVER,AND GRADE RINGS Page 1 of 6 1 SECTION 33 0513 2 FRAME,COVER,AND GRADE RINGS 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Frame,cover and grade rings used as access ports into water,sanitary sewer and 7 storm drain structures such manholes or vaults 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 12 Contract 13 2. Division I —General Requirements 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Measurement 17 a. This Item is considered subsidiary to the structure containing the frame,cover 18 and grade rings. 19 2. Payment 20 a. The work performed and the materials furnished in accordance with this Item 21 are subsidiary to the unit price bid per each structure complete in place,and no 22 other compensation will be allowed. 23 1.3 REFERENCES 24 A. Reference Standards 25 1. Reference standards cited in this Specification refer to the current reference 26 standard published at the time of the latest revision date logged at the end of this 27 Specification,unless a date is specifically cited. 28 2. ASTM International(ASTM) 29 a. ASTM A48—Standard Specification for Gray Iron Castings 30 b. ASTM A536- Standard Specification for Ductile Iron Castings 31 c. ASTM C478-Specification for Precast Reinforced Concrete Manhole Sections 32 d. ASTM D1248—Standard Specification for Polyethylene Plastic Molding and 33 Extrusion Materials 34 e. ASTM D790—Standard Test Methods for Flexural Properties of Unreinforced 35 and Reinforce Plastics and Electrical Insulating Materials 36 f. ASTM D256—Standard Test Methods for Determining the Izod Pendulum 37 Impact Resistance of Plastics 38 g. ASTM G154-Standard Practice for Operating Fluorescent Light Apparatus for 39 UV Exposure of Nonmetallic Materials 40 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised January 22,2016 3305 13-2 FRAME,COVER,AND GRADE RINGS Page 2 of 6 1 3. American Association of State Highways and Transportation Officials(AASHTO) 2 a. AASHTO M306—Standard Specification for Drainage, Sewer,Utility and 3 Related Castings 4 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 5 1.5 SUBMITTALS 6 A. Submittals shall be in accordance with Section 0133 00. 7 B. All submittals shall be approved by the Engineer or the City prior to delivery and/or 8 fabrication for specials. 9 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 10 A. Product Data 11 1. All castings shall be cast with: 12 a. Approved manufacturer's name 13 b. Part number 14 c. Country of origin 15 2. Provide manufacturer's: 16 a. Specifications 17 b. Load tables 18 c. Dimension diagrams 19 d. Anchor details 20 e. Installation instructions 21 B. Certificates 22 1. Manufacturer shall certify that all castings conform to the ASTM and AASHTO 23 designations. 24 1.7 CLOSEOUT SUBMITTALS [NOT USED] 25 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 26 1.9 QUALITY ASSURANCE [NOT USED] 27 1.10 DELIVERY,STORAGE,AND HANDLING[NOT USED] 28 1.11 FIELD [SITE] CONDITIONS [NOT USED] 29 1.12 WARRANTY [NOT USED] 30 PART 2- PRODUCTS 31 2.1 OWNER-FURNISHED [oR] OWNER-SUPPLIED PRODUCTS [NOT USED] 32 2.2 EQUIPMENT,PRODUCT TYPES,MATERIALS 33 A. Manufacturers 34 1. Only the manufacturers as listed on the City's Standard Products List will be 35 considered as shown in Section 0160 00. 36 a. The manufacturer must comply with this Specification and related Sections. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised January 22,2016 3305 13-3 FRAME,COVER,AND GRADE RINGS Page 3 of 6 1 2. Any product that is not listed on the Standard Products List is considered a 2 substitution and shall be submitted in accordance with Section 0125 00. 3 4 B. Castings 5 1. Use castings for frames that conform to ASTM A48,Class 3513,ASTM D1248,or 6 better. 7 2. Use castings for covers that conform to ASTM A536,Grade 6545-12,ASTM 8 D790,retaining at least 75%of control values,or better. 9 3. Use clean casting capable of withstanding application of AASHTO HS-20 vehicle 10 loading with permanent deformation. 11 4. Specimens of composite covers shall be tested for ultimate flexural strength, 12 retaining at least 75%of control values for load and deflection at failure after 13 conditioning specimens according to ASTM G154 Cycle 1 for 1000hrs. 14 5. Covers 15 a. Size to set flush with the frame with no larger than a 1/8 inch gap between the 16 frame and cover 17 b. Provide with minimum 1.5 inch wide pick slots in lieu of pick holes. 18 c. Provide gasket in frame and cover. 19 d. Standard Dimensions 20 1) Sanitary Sewer 21 a) Provide a clear opening of 30 inches for all sanitary sewer frames and 22 cover assemblies unless otherwise specified in the Contract Documents. 23 b) Composite frame walls at street level of at least 7/8 inch thickness 24 where vehicles may pass. 25 2) Storm Drain 26 a) Provide a clear opening of 22 1/2 inches for all storm drain frames, 27 inlets and cover assemblies unless otherwise specified in the Contract 28 Documents. 29 b) Provide a minimum clear opening of 30 inches for all storm sewer 30 manholes and junction structures. 31 c) Composite frame walls at street level of at least 7/8 inch thickness 32 where vehicles may pass. 33 e. Standard Labels 34 1) Water 35 a) Cast lid with the word"WATER"in at least 1.25 inch letters across the 36 lid. 37 2) Sanitary Sewer 38 a) Cast lid with the word"SANITARY SEWER"in at least 1.25 inch 39 letters across the lid. 40 3) Storm Drain 41 a) Cast lid with the word"STORM DRAIN"in at least 1.25 inch letters 42 across the lid. 43 4) Country of Origin 44 a) Cover with the country of origin molded or casted into the top visible 45 area of the cover: "Made In ..." 46 5) Manufacturing Traceability 47 a) Name or abbreviation of manufacturer molded or casted into the cover 48 and frame CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised January 22,2016 330513-4 FRAME,COVER,AND GRADE RINGS Page 4 of 6 1 b) Manufacturing date molded or casted into the cover and frame. 2 f. Hinge Covers 3 1) Provide water tight gasket on all hinged covers. 4 2) Water 5 a) Provide hinged covers for all water structures. 6 3) Sanitary Sewer 7 a) Provide hinged covers for all manholes or structures constructed over 8 24-inch sewer lines and larger and for manholes where rim elevations 9 are greater than 12 inches above the surface. 10 g. Locking or Bolting Systems 11 1) Materials 12 a) All constituents of locking systems must be made of non-corrosive 13 materials:Austenite-316 Stainless or a high strength polymer grade. 14 C. Grade Rings 15 1. Provide grade rings in sizes from 1/4-inch up to 4-inch. 16 2. Slope adjustment grade rings to be used when required. 17 3. Grade rings to be recycled HDPE. 18 D. Joint Sealant 19 1. Provide an approved butyl rubber sealant in an extrudable or flat tape form. 20 2. Provide sealant that is not dependant on a chemical action for its adhesive 21 properties or cohesive strength. 22 2.3 ACCESSORIES [NOT USED] 23 2.4 SOURCE QUALITY CONTROL [NOT USED] 24 PART 3- EXECUTION 25 3.1 INSTALLERS [NOT USED] 26 3.2 EXAMINATION [NOT USED] 27 3.3 PREPARATION [NOT USED] 28 3.4 INSTALLATION 29 A. Grade Rings 30 1. For HDPE Grade Rings: 31 a. Clean debris from the top of the concrete cone or top slab with a whisk,broom 32 or chisel to insure a flat seating surface. 33 b. For concrete manholes,place butyl rubber sealant against the interior surface of 34 the male lip of the first ring that will sit on the cone section. 35 c. Install a second application of sealant to that ring,between first sealant and the 36 holes. The second application of the sealant helps the fust ring to seal level. 37 d. Apply the sealant around the second ring on the flat side,as close to the male 38 lip as possible,being careful to cover the entire 360 degrees of the ring. 39 e. Install the second ring(male lip down),on top of the first ring. Compress the 40 sealant by standing on the rings. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised January 22,2016 3305 13-5 FRAME,COVER,AND GRADE RINGS Page 5 of 6 1 f. Continue steps D&E using combined heights of flat and sloped rings as 2 required for each manhole to obtain a height difference within '/4"of grade, 3 after casting is installed in step G. 4 g. Prior to placing the casting,install an approved sealant to the top of the last ring 5 so the sealant is between the casting and all 360 degrees of the flat portion of 6 the top ring. 7 h. All HDPE rings are installed male lip down on concrete manholes. 8 i. Install cast-in-place concrete surrounding HDPE grade adjustment rings. Do 9 not wipe interior of HDPE manhole grade rings with concrete. 10 j. Any variations of these steps must be approved by the Engineer 11 2. For all other Grade Rings: 12 a. Place as shown in the water and sanitary sewer City Standard Details. 13 b. Clean surfaces of dirt,sand,mud or other foreign matter before placing sealant. 14 c. Seal each grade ring with sealant specified in this Specification and as shown 15 on the City Standard Details. 16 B. Frame and Cover 17 1. Water 18 a. For water structures install frame,cover and grade rings in accordance with 19 applicable City Standard Detail. 20 2. Sanitary Sewer 21 a. For sanitary sewer structures install frame,cover and grade rings in accordance 22 with applicable City Standard Detail. 23 3. Storm Drain 24 a. For storm drain structures install frame,cover and grade rings in accordance 25 with applicable City Standard Detail. 26 4. Hinge Cover 27 a. Provide hinge cover on elevated manholes,junction boxes,in the flood plain 28 and where specified on the Drawings. 29 C. Joint Sealing 30 1. Seal frame,grade rings and structure with specified sealant. 31 D. Concrete Collar 32 1. Provide concrete collar around all frame and cover assemblies. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised January 22,2016 3305 13-6 FRAME,COVER,AND GRADE RINGS Page 6 of 6 1 3.5 REPAIR/RESTORATION [NOT USED] 2 3.6 RE-INSTALLATION [NOT USED] 3 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 4 3.8 SYSTEM STARTUP [NOT USED] 5 3.9 ADJUSTING [NOT USED] 6 3.10 CLEANING [NOT USED] 7 3.11 CLOSEOUT ACTIVITIES [NOT USED] 8 3.12 PROTECTION [NOT USED] 9 3.13 MAINTENANCE [NOT USED] 10 3.14 ATTACHMENTS [NOT USED] 11 END OF SECTION 12 Revision Log DATE NAME SUMMARY OF CHANGE 6/25/2014 F.Griffin Corrected error in Part 2-2.2-$-4-d-2-a. Cover size should be 22'/2 inches rather than 19'/4 inches. 1/22/2016 F.Griffin Part 2-2.2-134-d-2-a.,Cover size updated to 30 inches to match Detail 33 05 16- D417. 6/21/17 R.Sauceda Modified to allow use of composite frame and cover 13 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised January 22,2016 333101-1 GEOPOLYMER LINER SYSTEM FOR SANITARY SEWER PIPELINES Page 1 of 8 1 SECTION 33 3101 2 GEOPOLYMER LINER SYSTEM FOR SANITARY SEWER PIPELINES 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Geopolymer liner system for gravity sanitary sewer rehabilitation of 54-inch and 7 larger pipelines. 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None(Not currently a standard specification—for preapproved projects only) 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 33 0130—Sewer and Manhole Testing 14 4. Section 33 0131 —Closed Circuit Television(CCTV)Inspection 15 5. Section 33 03 10—Bypass Pumping of Existing Sewer Systems 16 6. Section 33 04 50—Cleaning of Sewer Mains 17 7. Section 33 3150—Sanitary Sewer Service Connections and Service Line 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Geopolymer Liner System 21 a. Measurement 22 1) Measured horizontally along the surface from center line to center line of 23 the manhole or appurtenance 24 b. Payment 25 1) The work performed and materials furnished in accordance with this Item 26 and measured as provided under"Measurement"will be paid for at the unit 27 price bid per linear foot for"Geopolymer Liner System"installed for: 28 a) Various sizes 29 c. The price bid shall include: 30 1) Mobilization 31 2) Furnishing and installing Geopolymer Liner as specified by the Drawings 32 3) Hauling 33 4) Disposal of excess material 34 5) Clean-up 35 6) Cleaning 36 7) Testing 37 2. Service Reconnection 38 a. Measurement 39 1) Measurement for this Item shall be per each service reconnected. 40 b. Payment CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised July 5,2017 333101-2 GEOPOLYMER LINER SYSTEM FOR SANITARY SEWER PIPELINES Page 2 of 8 1 1) The work performed and materials furnished in accordance with this Item 2 and measured as provided under"Measurement"will be paid for at the unit 3 price bid per each"Service Reconnection". 4 c. The price bid shall include: 5 1) Mobilization 6 2) Furnishing and installing Geopolymer Liner as specified by the Drawings 7 3) Hauling 8 4) Disposal of excess material 9 5) Clean-up 10 6) Cleaning 11 7) Testing 12 1.3 REFERENCES 13 A. Reference Standards 14 1. Reference standards cited in this Specification refer to the current reference 15 standard published at the time of the latest revision date logged at the end of this 16 Specification,unless a date is specifically cited. 17 2. American Association of State Highway and Transportation Officials(AASHTO). 18 3. ASTM International(ASTM): 19 a. C33, Standard Specification for Concrete Aggregates 20 b. C39/C109,Compressive Strength Hydraulic Cement Mortars 21 c. C78/C293/C348,Flexural Strength of Concrete 22 d. C138/C642, Standard Test Method for Density 23 e. C267,Chemical Resistance of Mortars,Grouts,and Monolithic Surfacings and 24 Polymer Concretes 25 f. C469, Static Modulus of Elasticity&Poisson's Ratio of Concrete Compression 26 g. C496, Splitting Tensile Strength of Cylindrical Concrete Specimens 27 h. C666,Freeze Thaw Durability 28 i. C321/C882,Bond Strength of Epoxy-Resin Systems Used with Concrete by 29 Slant Shear 30 j. C1090, Shrinkage Test 31 k. C1138, Standard Test Method for Abrasion Resistance of Concrete 32 (Underwater Method) 33 1. C1140-03A,Preparing and Testing Specimens from Shotcrete Test Panels 34 in. C1202,Electrical Indication of Concrete's Ability to Resist Chloride Ion 35 Penetration 36 n. F2414,Practice for Sealing Sewer Manhold Using Chemical Grouting 37 4. American Concrete Institute(ACI): 38 a. 305R-99 Hot Weather Concreting 39 b. 306R-88 Cold Weather Concreting 40 c. ACI Certified Concrete Field Testing Technician,Level 1 41 5. International Organization for Standardization(ISO): 42 a. ISO 9000,Quality Management System-Fundamentals and Vocabulary. 43 6. Occupational Safety and Health Administration(OSHA). CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised July 5,2017 33 31 01-3 GEOPOLYMER LINER SYSTEM FOR SANITARY SEWER PIPELINES Page 3 of 8 1 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 2 1.5 SUBMITTALS 3 A. Submittals shall be in accordance with Section 0133 00. 4 B. All submittals shall be approved by the City prior to delivery. 5 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS 6 A. Product Data 7 1. Geopolymer Liner 8 a. Tabular summary by sewer segment noting required liner thickness per section 9 B. Shop Drawings 10 1. Provide calculations to support Geopolymer Liner design thickness after curing. 11 List the following criteria used for the calculations: 12 a. Assumed host pipe condition 13 b. Ground water table elevation 14 c. Depth of cover at deepest location 15 d. Modulus of soil stiffness 16 e. Long term modulus of elasticity 17 f. Live loading 18 g. Factor of safety against buckling 19 h. Assumed pipe ovality 20 C. Certificates 21 1. Furnish an affidavit certifying that all liner meets the provisions of this Section and 22 meets the requirements of above referenced ASTM standards. 23 2. Contractor shall submit a certified statement from the Manufacturer that he/she is a 24 certified and/or licensed installer of the liner. 25 3. Submittal required from Manufacturer certifying that all materials have been 26 approved for the installation conditions shown on the Drawings and as specified. 27 4. Submittals for Manufacturer's&Installer's warranty certificate and Installer's job 28 history&reference certificate required. 29 D. Source Quality Control Submittals 30 1. Manufacturer to provide third party test results supporting the long term 31 performance and structural strength of the pipe being manufactured 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE 35 A. Qualifications 36 1. Manufacturing and Installation 37 a. Finished pipe shall be the product of 1 manufacturer. 38 b. Liner manufacturing operations shall be performed at 1 location. 39 c. The Manufacturer shall: 40 1) Have performed a minimum of 5,000 LF of successful Geopolymer liner 41 installation in the United States CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised July 5,2017 33 31 01-4 GEOPOLYMER LINER SYSTEM FOR SANITARY SEWER PIPELINES Page 4 of 8 1 d. The Installer shall: 2 1) Submit documentation and verifiable references that they have installed a 3 minimum of 5,000 LF large diameter(>36 inch)horizontal pipe using the 4 proposed lining system. 5 B. Certifications 6 1. Manufacturing and Installation 7 a. Operate pipe manufacturing and installation under a quality management 8 system certified by third party ISO 9000. Provide proof of certification upon 9 request. 10 b. If Installer is different company than Manufacturer,then installer must provide 11 certification from the manufacturer that he/she is licensed and fully trained as 12 an installer of the product upon request. 13 c. Manufacturer shall submit a letter of certification that the product meets or 14 exceeds all technical and packaging requirements 15 d. Manufacturer shall submit original third party verification of material 16 formulation via XRF(X-ray Fluorescence)data. 17 1.10 DELIVERY,STORAGE,AND HANDLING 18 A. Storage and Handling Requirements 19 1. Follow manufacturer's recommendation on all storage and handling requirements. 20 1.11 FIELD [SITE] CONDITIONS [NOT USED] 21 1.12 WARRANTY [NOT.USED] 22 PART 2- PRODUCTS 23 2.1 OWNER-FURNISHED loR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 24 2.2 EQUIPMENT,PRODUCT TYPES AND MATERIALS 25 A. General 26 1. All liner furnished and installed shall be in conformance with the ASTM standards 27 referenced in this specification. 28 B. Manufacturer and Installers 29 1. Only the Manufacturer/Installers as listed in the City's Standard Products List will 30 be considered as shown in Section 0160 00. 31 a. The Manufacturer/Installer must comply with this Specification and related 32 Sections. 33 2. Any product that is not listed on the Standard Products List is considered a 34 substitution and shall be submitted in accordance with Section 0125 00. 35 3. Conditionally approved products: 36 a. EcoCast 37 C. Performance/Design Criteria 38 1. Liner(tube) 39 a. Design liner for a 50-year service life under continuous loading conditions. 40 b. Base design on a fully deteriorated host pipe condition. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised July 5,2017 333101-5 GEOPOLYMER LINER SYSTEM FOR SANITARY SEWER PIPELINES Page 5 of 8 1 c. Calculate wall thickness per Manufacturer's recommendation. 2 1) Assume the following values for the design: 3 a) Safety Factor(l)=2.0 4 b) Ovality(C)=5 percent 5 c) Enhancement Factor(K)=7.0 6 d) Groundwater Depth(HW)=per borings to be performed by the 7 contractor,feet 8 e) Soil Depth(H)=per Drawings,feet 9 f) Soil Modulus(E)= 1,000,psi 10 g) Soil Density(w)= 130 pounds per cubic foot 11 h) Live Load=ASSHTO HS 20 12 2) The minimum allowable liner thickness shall be 1.5-inches for all pipes 13 with internal diameter of 54-inches or greater. 14 D. Materials 15 1. Liner 16 a. The liner shall be a micro-fiber reinforced ultra-dense Geopolymer. 17 b. Construct liner to withstand installation pressures,have sufficient strength to 18 bridge missing pipe and stretch to fit irregular pipe sections. 19 c. The material shall provide a high strength fiber reinforced mortar specifically 20 designed for ease of mechanical pumping,spraying and spin casting. 21 d. Geopolymer mortar composition shall be per Manufacturer's recommendation. 22 e. When finished,the Geopolymer liner shall have a homogenous and monolithic 23 total wall thickness. 24 f. The liner shall be compatible with the thermal and chemical conditions of the 25 existing sewer structures. 26 2. Acid Mitigation System (AMS) 27 a. A liquid sealant designed to provide additional chemical resistance for the 28 geopolymer lining from Microbial Induced Corrosion(MIC)and should be 29 designed to function with the geopolymer lining. 30 b. The sealant must be applied to the geopolymer lining after the final thickness 31 has been spin cast. 32 c. The liquid sealant shall be GeoSpray AMS Post-Coat manufactured by Milliken 33 Infrastructure Solutions,LLC or approved equal. 34 2.3 ACCESSORIES [NOT USED] 35 2.4 SOURCE QUALITY CONTROL [NOT USED] 36 PART 3- EXECUTION 37 3.1 INSTALLERS [NOT USED] 38 3.2 EXAMINATION [NOT USED] 39 3.3 PREPARATION [NOT USED] 40 A. Inspection 41 1. Prior to installation,conduct an inspection of the existing pipe identified for 42 rehabilitation along with the surrounding job site conditions. 43 2. Complete a Pre-CCTV inspection per Section 33 0131. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised July 5,2017 33 31 01-6 GEOPOLYMER LINER SYSTEM FOR SANITARY SEWER PIPELINES Page 6 of 8 1 3. Observe flows at different times of the date to determine or verify flow conditions 2 in preparation for bypass pumping. 3 4. Verify accessibility conditions and coordinate with city regarding easement access 4 and limitations. 5 5. Confirm full circumference of the host pipe prior to lining to ensure the pipe can be 6 rehabilitated without compromising the geopolymer liner system. 7 B. Host Pipe Preparation 8 1. Clean the pipe per Section 33 04 50. 9 2. Inspect pipe as required by this Specification. 10 3. Prepare for bypass pumping per Section 33 03 10. 11 C. Geopolymer Lining Material Preparation 12 1. Contractor shall mix geopolymer material for Manufacturer's recommended water 13 cement ratio. 14 2. The mixing water temperature must be recorded in the daily operational log at 15 multiple times throughout the day during the installation process. If water 16 temperatures exceed 80°F,then the water should be chilled to 80°F or lower. 17 3. The Geopolymer lining material shall be mixed in a high shear mixer to ensure 18 thorough and uniform mix of water with materials prior to pumping. 19 4. The mixing operation must be performed so that dust released into the surrounding 20 environment is minimized. 21 5. Pumps must be equipped with multiple sensors that stop the pump if material either 22 runs out or is overflowing. 23 3.4 INSTALLATION 24 A. Safety 25 1. Cary out operation in accordance with all OSHA and manufacturer's safety 26 requirements including,but not limited to,safety requirements involving confined 27 space entry. 28 B. Geopolymer Liner installation 29 1. The necessary equipment and application methods to apply the liner materials shall 30 be only as approved by the material Manufacturer. Material shall be mixed in 31 accordance with Manufacturer's specifications to proper consistency,then the 32 materials shall be pumped through a material plaster hose for delivery to the 33 appropriate and/or selected application device. 34 2. The mortar delivery hose shall be coupled to a high speed rotating applicator 35 device. The rotating casting applicator shall then be positioned within the center,or 36 positioned higher inside the pipe,as required by the diameter of the pipe. 37 3. The spin cast nozzle must be capable of bidirectional operation. 38 4. The high speed rotating applicator shall then be initialized,and pumping of the 39 material shall commence.As the material begins to be centrifugally cast evenly 40 around the interior of the cavity the rotating applicator head shall uniformly travel 41 back and forth at or near the center point of the pipe at a controlled frequency 42 conducive to providing a uniform material thickness to the pipe walls. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised July 5,2017 33 31 01-7 GEOPOLYMER LINER SYSTEM FOR SANITARY SEWER PIPELINES Page 7 of 8 1 5. Controlled multiple passes shall then be made until the specified minimum finished 2 thickness is attained. 3 6. If the procedure is interrupted for any reason,the operator shall arrest the retrieval 4 of the applicator head until flows are recommenced. 5 7. Spraying shall be performed by starting at the pipe end-project location and 6 progressing towards the entrance of the pipe. The geopolymer liner shall be applied 7 to a specified minimum thickness and can be applied in multiple passes. 8 8. The geopolymer lining material shall be applied to a damp surface,with no flowing 9 water. 10 C. Curing 11 1. Follow Manufacturer's recommended cure schedule in curing of the geopolymer 12 liner.The material must be allowed to cure a minimum of 2 hours or until the 13 material has reached an initial set condition,whichever is longer prior to the release 14 of bypass or flow through the pipe. 15 2. Proper steps shall be taken to ensure the material is cured in a moist and moderate 16 climate. When situations or dry and/or hot conditions are present,the use of a wind 17 barrier and fogging spray may be required. 18 3. The geopolymer liner should not be placed when the ambient temperature is 37°F 19 and falling,or when the temperature is anticipated to fall below 32°F during the 20 next 24 hours,unless specific precautions are employed. 21 4. Installation and curing are to be done in accordance with ACI 305R-99"Hot 22 Weather Concreting",and/or ACI 3O6R-88"Cold Weather Concreting"when 23 required. 24 D. Reinstatement of lateral connections 25 1. After the liner is cured in place have the lateral connections reinstated within 18 26 hours. 27 2. Restored openings shall be neatly and smoothly open and without rough edges. 28 Care must be exercised not to damage the geopolymer lining while reinstating the 29 lateral. 30 3. An internal cut is considered acceptable if the bottom 1/3 of the opening matches 31 the existing tap invert,there are no jagged edges and a minimum of 95 percent of 32 the tap opening is restored. 33 4. Blind holes,over cutting and holes that miss the tap must be repaired to the 34 satisfaction of the City. 35 5. If additional work is required to restore the lateral connection outside of the pipe 36 follow the requirements of Section 33 3150. 37 E. Acid Mitigation System(AMS)installation 38 1. The sealant shall be used full strength as received from the manufacturer and shall 39 not be diluted. 40 2. The sealant may be applied during the application of the geopolymer liner or 41 anytime thereafter using a pressurized spray device to the Manufacturer's 42 recommendation. 43 3. The sealant shall be applied adequately to achieve surface saturation. 44 4. The sealant must be allowed to cure for a minimum of 6 hours to insure the surface 45 has dried prior to releasing bypass. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised July 5,2017 333101-8 GEOPOLYMER LINER SYSTEM FOR SANITARY SEWER PIPELINES Page 8 of 8 1 3.5 REPAIR/RESTORATION [NOT USED] 2 3.6 RE-INSTALLATION [NOT USED] 3 3.7 FIELD [oR] SITE QUALITY CONTROL 4 A. Field Tests and Inspections 5 1. Closed Circuit Television(CCTV)Inspection 6 a. Perform a Pre-CCTV and a Post-CCTV Inspection in accordance with Section 7 33 01 31. 8 2. The inspection must be completed and the quality of installation must be acceptable 9 to the City prior to restoring services. 10 3. If the Geopolymer Lining is deemed unacceptable by the City,provide a method of 11 repair or replacement for review and approval by the City. 12 3.8 SYSTEM STARTUP [NOT USED] 13 3.9 ADJUSTING [NOT USED] 14 3.10 CLEANING [NOT USED] 15 3.11 CLOSEOUT ACTIVITIES [NOT USED] 16 3.12 PROTECTION [NOT USED] 17 3.13 MAINTENANCE [NOT USED] 18 3.14 ATTACHMENTS [NOT USED] 19 END OF SECTION 20 Revision Log DATE NAME SUMMARY OF CHANGE 21 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised July 5,2017 33 31 12-1 CURED IN PLACE PIPE(CIDP) Page 1 of 7 1 SECTION 33 3112 2 CURED IN PLACE PIPE(CIDP) 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Cured in Place Pipe(CIDP)6-inch through 60-inch for gravity sanitary sewer 7 rehabilitation 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 33 0130—Sewer and Manhole Testing 14 4. Section 33 0131 —Closed Circuit Television(CCTV)Inspection 15 5. Section 33 03 10—Bypass Pumping of Existing Sewer Systems 16 6. Section 33 04 50—Cleaning of Sewer Mains 17 7. Section 33 3150—Sanitary Sewer Service Connections and Service Line 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Cured in Place Pipe(CIDP) 21 a. Measurement 22 1) Measured horizontally along the surface from center line to center line of 23 the manhole or appurtenance 24 b. Payment 25 1) The work performed and materials furnished in accordance with this Item 26 and measured as provided under"Measurement"will be paid for at the unit 27 price bid per linear foot for"CIPP"installed for: 28 a) Various sizes 29 c. The price bid shall include: 30 1) Mobilization 31 2) Furnishing and installing CIPP as specified by the Drawings 32 3) Hauling 33 4) Disposal of excess material 34 5) Clean-up 35 6) Cleaning 36 7) Testing 37 2. Service Reconnection,CIPP 38 a. Measurement 39 1) Measurement for this Item shall be per each service reconnected. 40 b. Payment CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 3331 12-2 CURED IN PLACE PIPE(CIDP) Page 2 of 7 1 1) The work performed and materials furnished in accordance with this Item 2 and measured as provided under"Measurement"will be paid for at the unit 3 price bid per each"Service Reconnection,CIPP". 4 c. The price bid shall include: 5 1) Mobilization 6 2) Furnishing and installing CIPP as specified by the Drawings 7 3) Hauling 8 4) Disposal of excess material 9 5) Clean-up 10 6) Cleaning 11 7) Testing 12 1.3 REFERENCES 13 A. Reference Standards 14 1. Reference standards cited in this Specification refer to the current reference 15 standard published at the time of the latest revision date logged at the end of this 16 Specification,unless a date is specifically cited. 17 2. American Association of State Highway and Transportation Officials(AASHTO). 18 3. ASTM International(ASTM): 19 a. D5813, Standard Specification for Cured-In-Place Thermosetting Resin Sewer 20 Piping Systems. 21 b. F1216, Standard Practice for Rehabilitation of Existing Pipelines and Conduits 22 by the Inversion and Curing of a Resin-Impregnated Tube. 23 c. F1743,Standard Practice for Rehabilitation of Existing Pipelines and Conduits 24 by Pulled-in-Place Installation of Cured-in-Place Thermosetting Resin Pipe 25 (CIPP). 26 4. International Organization for Standardization(ISO): 27 a. 9000,Quality Management System-Fundamentals and Vocabulary. 28 5. Occupational Safety and Health Administration(OSHA). 29 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 30 1.5 SUBMITTALS 31 A. Submittals shall be in accordance with Section 0133 00. 32 B. All submittals shall be approved by the City prior to delivery. 33 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 34 A. Product Data 35 1. Flexible Liner(tube) 36 a. Tabular summary by sewer segment noting required CIPP thickness per section 37 2. Resin 38 a. Technical data sheet showing physical and chemical properties 39 b. Test results of chemical resisting testing performed by resin manufacturer 40 B. Shop Drawings 41 1. Provide calculations to support CIPP design thickness after curing. List the 42 following criteria used for the calculations: 43 a. Assumed host pipe condition CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 333112-3 CURED IN PLACE PIPE(CIDP) Page 3 of 7 1 b. Ground water table elevation 2 c. Depth of cover at deepest location 3 d. Modulus of soil stiffness 4 e. Long term modulus of elasticity 5 f. Live loading 6 g. Factor of safety against buckling 7 h. Assumed pipe ovality 8 C. Certificates 9 1. Furnish an affidavit certifying that all CIPP meets the provisions of this Section and 10 meets the requirements of above referenced ASTM standards. 11 D. Source Quality Control Submittals 12 1. Manufacturer to provide third party test results supporting the long term 13 performance and structural strength of the pipe being manufactured 14 1.7 CLOSEOUT SUBMITTALS [NOT USED] 15 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 16 1.9 QUALITY ASSURANCE 17 A. Qualifications 18 1. Manufacturing and Installation 19 a. Finished pipe shall be the product of 1 manufacturer. 20 b. Liner manufacturing operations shall be performed at 1 location. 21 c. The pipe manufacturer shall: 22 1) Have performed a minimum of 50,000 feet of successful installation in the 23 United States 24 d. The pipe Installer shall: 25 1) Have performed a minimum of 50,000 feet of successful installation in the 26 United States 27 2. All pipe furnished and installed shall be in conformance with and ASTM F1216(6- 28 inch through 60-inch). 29 B. Certifications 30 1. Manufacturing and Installation 31 a. Operate pipe manufacturing and installation under a quality management 32 system certified by third party ISO 9000. Provide proof of certification upon 33 request. 34 b. If Installer is different company than Manufacturer,then installer must provide 35 certification from the manufacturer that he/she is licensed and fully trained as 36 an installer of the product upon request. 37 1.10 DELIVERY,STORAGE,AND HANDLING 38 A. Storage and Handling Requirements 39 1. Follow manufacturer's recommendation on all storage and handling requirements. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 333112-4 CURED IN PLACE PIPE(CIPP) Page 4 of 7 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS 4 2.1 OWNER-FURNISHED loR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 5 2.2 EQUIPMENT,PRODUCT TYPES AND MATERIALS 6 A. General 7 1. All pipe furnished and installed shall be in conformance with and ASTM F1216(6- 8 inch through 60-inch). 9 B. Manufacturer and Installers 10 1. Only the Manufacturer/Installers as listed in the City's Standard Products List will 11 be considered as shown in Section 0160 00. 12 a. The Manufacturer/Installer must comply with this Specification and related 13 Sections. 14 2. Any product that is not listed on the Standard Products List is considered a 15 substitution and shall be submitted in accordance with Section 0125 00. 16 C. Performance/Design Criteria 17 1. Liner(tube) 18 a. Design liner for a 50-year service life under continuous loading conditions. 19 b. Consider no bonding to the original pipe wall. 20 c. Base design on a fully deteriorated host pipe condition as defined in 21 ASTM F1216. 22 d. Calculate wall thickness per ASTM F1216 Appendix X1. 23 1) Assume the following values for the design: 24 a) Safety Factor(1)=2.0 25 b) Ovality(C)=5 percent 26 c) Enhancement Factor(K)=7.0 27 d) Groundwater Depth(H,,)=per borings to be performed by the 28 contractor,feet 29 e) Soil Depth(H)=per Drawings,feet 30 f) Soil Modulus(E')= 1,000,psi 31 g) Soil Density(w)= 130 pounds per cubic foot 32 h) Live Load=ASSHTO HS 20 33 2) The minimum allowable wall thickness for fiberglass liner is 2.8 34 millimeters and can be increased as necessary to meet ASTM F1216 35 Appendix X1 design formula. 36 3) The minimum allowable wall thickness for felt liner is 6.0 millimeters and 37 can be increased as necessary to meet ASTM F1216 Appendix X1 design 38 formula. 39 4) Fiberglass or felt products below the stated minimum wall thickness will 40 not be allowed under any circumstances. 41 D. Materials 42 1. Liner(tube) CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 333112-5 CURED IN PLACE PIPE(CIDP) Page 5 of 7 1 a. The liner consists of absorbent non-woven felt or seamless spirally wound glass 2 fiber. 3 b. Construct liner to withstand installation pressures,have sufficient strength to 4 bridge missing pipe and stretch to fit irregular pipe sections. 5 c. The wet out liner shall have a relatively uniform thickness that when 6 compressed at installation pressures will equal or exceed the calculated 7 minimum design CIPP wall thickness. 8 d. Manufacture liner to a size that when installed will tightly fit the internal 9 circumference and length of the original pipe. Make allowance for 10 circumferential stretching during construction. 11 e. Manufacture to length necessary to fully span the distance between manholes. 12 Include sufficient amount of material for sealing at manholes and product 13 sample,if required. 14 f. The wall color of the interior pipe surface of CIPP after installation shall be a 15 light reflective color so that a clear,detailed examination with CCTV 16 inspection per Section 33 0131 can be made. 17 2. Resin 18 a. The resin system will be manufactured by an approved company selected by the 19 CIDP liner manufacturer. Provide documentation of approval,if requested. 20 b. The resin system shall be corrosion resistant polyester or vinyl ester system 21 including all required catalysts and initiators that create a composite that 22 satisfies the requirements of ASTM F1216,ASTM D5813 and ASTM F1743. 23 c. The resin used shall produce a proper CIPP system,which will be resistant to 24 abrasion caused by solid,grit or sand. 25 2.3 ACCESSORIES [NOT USED] 26 2.4 SOURCE QUALITY CONTROL [NOT USED] 27 PART 3- EXECUTION 28 3.1 INSTALLERS [NOT USED] 29 3.2 EXAMINATION [NOT USED] 30 3.3 PREPARATION [NOT USED] 31 A. Inspection 32 1. Prior to installation,conduct an inspection of the existing pipe identified for 33 rehabilitation along with the surrounding job site conditions. 34 2. Complete a Pre-CCTV inspection per Section 33 0131. 35 3. Observe flows at different times of the date to determine or verify flow conditions 36 in preparation for bypass pumping. 37 4. Verify accessibility conditions and coordinate with city regarding easement access 38 and limitations. 39 5. Confirm full circumference of the host pipe prior to lining to ensure the pipe can be 40 rehabilitated without compromising the CIPP system. 41 B. Host Pipe Preparation 42 1. Clean the pipe per Section 33 04 50. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 333112-6 CURED IN PLACE PIPE(CIDP) Page 6 of 7 1 2. Inspect pipe as required by this Specification. 2 3. Prepare for bypass pumping per Section 33 03 10. 3 C. Liner(tube)Preparation 4 1. Resin Impregnation 5 a. Impregnate the liner in a saturation facility where the environment can be 6 consistently controlled. 7 b. Use sufficient quantity of resin to fill the volume of air voids in the tube with 8 additional allowances for polymerization shrinkage and the potential loss of 9 resin during installation through cracks and irregularities in the original pipe 10 wall. 11 c. Vacuum impregnate the resin utilizing a motorized pinch roller to set proper 12 thickness. 13 2. If transported to the site,refrigerate as necessary to maintain stable environment for 14 the impregnated liner. 15 3.4 INSTALLATION 16 A. Safety 17 1. Carry out operation in accordance with all OSHA and manufacturer's safety 18 requirements including,but not limited to, safety requirements involving confined 19 space entry. 20 B. Liner installation 21 1. The impregnated liner can be placed in the pipe by either direct inversion or the pull 22 in place method. 23 2. Follow ASTM F 1216 Specification for direct inversion installation. 24 3. Follow ASTM F1743 Specification for pulled in place installation. 25 4. The finished CIPP should be continuous over the entire length of the run and be 26 smooth and free from substantial wrinkles,as well as defects and improper service 27 connections. 28 C. Curing 29 1. Curing of the CIPP may be done by water,steam or Ultra Violet(UV)light source, 30 depending on the liner type and resin. Each method must follow the 31 recommendation of the manufacturer. 32 2. Place a sufficient amount of temperature and/or monitoring gauges within the 33 system to insure curing throughout the liner is consistent and uniform. A minimum 34 of 2 gauges is required, 1 at each end of the liner. 35 3. Upon completion of the curing process provide the City with the monitoring data. 36 D. Reinstatement of lateral connections 37 1. After the liner pipe is cured in place have the lateral connections reinstated within 38 18 hours. 39 2. Reinstate the service by cutting the liner from the inside of the pipe. For small 40 diameter pipe a remote operated cutting device may be used. For larger pipe the 41 liner may be cut by hand. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 333112-7 CURED IN PLACE PIPE(CIDP) Page 7 of 7 1 3. An internal cut is considered acceptable if the bottom 1/3 of the opening matches 2 the existing tap invert,there are no jagged edges and a minimum of 95 percent of 3 the tap opening is restored. 4 4. Blind holes,over cutting and holes that miss the tap must be repaired to the 5 satisfaction of the City. 6 5. If additional work is required to restore the lateral connection outside of the pipe 7 follow the requirements of Section 33 3150. 8 3.5 REPAIR/RESTORATION [NOT USED] 9 3.6 RE-INSTALLATION [NOT USED] 10 3.7 FIELD [oR] SITE QUALITY CONTROL 11 A. Field Tests and Inspections 12 1. Closed Circuit Television(CCTV)Inspection 13 a. Perform a Pre-CCTV and a Post-CCTV Inspection in accordance with Section 14 33 01 31. 15 2. The inspection must be completed and the quality of installation must be acceptable 16 to the City prior to restoring services. 17 3. If the CIPP is deemed unacceptable by the City,provide a method of repair or 18 replacement for review and approval by the City. 19 3.8 SYSTEM STARTUP [NOT USED) 20 3.9 ADJUSTING [NOT USED] 21 3.10 CLEANING[NOT USED) 22 3.11 CLOSEOUT ACTIVITIES [NOT USED] 23 3.12 PROTECTION [NOT USED] 24 3.13 MAINTENANCE [NOT USED] 25 3.14 ATTACHMENTS [NOT USED] 26 END OF SECTION 27 Revision Log DATE NAME SUNDAARY OF CHANGE 28 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 333960-1 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 1 of 10 1 SECTION 33 39 60 2 LINER SYSTEM FOR SANITARY SEWER STRUCTURES 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Application of a high-build epoxy coating system or modified geopolymer liner 7 system to concrete utility structures such as manholes,lift station wet wells, 8 junction boxes or other concrete facilities that require improvements to structural 9 integrity and may need protection from corrosive materials. This covers 10 rehabilitation of existing sanitary sewer structures and newly installed sanitary 11 sewer structures. 12 B. Deviations from this Standard Specification 13 1. All brick manholes to remain. It is Contractor's sole responsibility to verify 14 structural materials of existing manholes prior to construction and notify 15 Owner/Engineer of any additional brick manholes not noted on the construction 16 drawings. 17 C. Related Specification Sections include but are not necessarily limited to: 18 1. Division 0—Bidding Requirements,Contract Forms,and Conditions of the 19 Contract 20 2. Division 1 —General Requirements 21 3. Section 33 0130—Sewer and Manhole Testing 22 4. Section 33 03 10 -Bypass Pumping 23 1.2 PRICE AND PAYMENT PROCEDURES 24 A. Measurement and Payment 25 1. Manholes 26 a. Measurement 27 1) Measurement for this Item shall be per vertical foot of coating as measured 28 from the bottom of the frame to the top of the bench. 29 b. Payment 30 1) The work performed and materials furnished in accordance with this Item 31 and measured as provided under"Measurement"will be paid for at the unit 32 price bid per vertical foot of"Manhole Liner System"applied. 33 c. The price bid shall include: 34 1) Removal of roots 35 2) Removal of existing coatings 36 3) Removal of steps 37 4) Repair/seal connection of the existing frame to chimney 38 5) Repairs of any cracks in the existing structure chimney,corbel(cone),wall, 39 bench,including any replacement of damaged rebar,pipe 40 6) Surface cleaning 41 7) Furnishing and installing Liner as specified by the Drawings 42 8) Hauling CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100275 Revised December 20,2012 333960-2 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 2 of 10 1 9) Disposal of excess material 2 10) Clean-up 3 11) Cleaning 4 12) Testing 5 2. Non-Manhole Structures 6 a. Measurement 7 1) Measurement for this Item shall be per square foot of area where the 8 coating is applied. 9 b. Payment 10 1) The work performed and materials furnished in accordance with this Item 11 and measured as provided under"Measurement"shall be paid for at the unit 12 price bid per square foot of"Structure Liner System"applied. 13 c. The price bid shall include: 14 1) Removal of roots 15 2) Removal of existing coatings 16 3) Removal of steps 17 4) Repair/seal connection of the existing frame to chimney 18 5) Repairs of any cracks in the existing structure chimney,corbel(cone),wall, 19 bench,including any replacement of damaged rebar,pipe 20 6) Surface cleaning 21 7) Furnishing and installing Liner as specified by the Drawings 22 8) Hauling 23 9) Disposal of excess material 24 10) Clean-up 25 11) Cleaning 26 12)Testing 27 1.3 REFERENCES 28 A. Reference Standards 29 1. Reference standards cited in this Specification refer to the current reference 30 standard published at the time of the latest revision date logged at the end of this 31 Specification,unless a date is specifically cited. 32 2. ASTM International(ASTM): 33 Epoxy Liners 34 a. D543, Standard Practices for Evaluating the Resistance of Plastics to Chemical 35 Reagents. 36 b. D638, Standard Test Method for Tensile Properties of Plastics. 37 c. D695, Standard Test Method for Compressive Properties of Rigid Plastics. 38 d. D790, Standard Test Methods for Flexural Properties of Unreinforced and 39 Reinforced Plastics and Electrical Insulating Materials. 40 e. D4060, Standard Test Method for Abrasion Resistance of Organic Coatings by 41 the Taber Abraser. 42 f. D4414, Standard Practice for Measurement of Wet Film Thickness by Notch 43 Gages. 44 g. D4541,Standard Test Method for Pull-off Strength of Coatings Using Portable 45 Adhesion Testers. 46 Geopolymer Mortar Liners 47 a. ASTM C-33—Standard Specification for Concrete Aggregates. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100275 Revised December 20,2012 333960-3 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 3 of 10 1 b. ASTM C-39 -Standard Test Method for Compressive Strength of Cylindrical 2 Concrete Specimens. 3 c. ASTM C-78-Standard Test Method for Flexural Strength of Concrete(Using 4 Simple Beam with Third-Point Loading). (Note:ASTM C293 -Standard Test 5 method for Flexural Strength of Concrete(Using Simple Beam With Center- 6 Point Loading) Is not a substitute test for the more conservative ASTM C78, 7 ASTM C293 provides flexural strengths significantly higher than ASTM C78 8 due to relaxed loading conditions which are not appropriate for this type of 9 structural repair). 10 d. ASTM C-109-Standard Test method for Compressive Strength of Hydraulic 11 Cement Mortars(Using 2-in Cube Specimens). 12 e. ASTM C-172-Standard Practice for Sampling Freshly Mixed Concrete. 13 f. ASTM C-267-Standard Test methods for Chemical Resistance of Mortars, 14 Grouts,and Monolithic Surfacings and Polymer Concretes. 15 g. ASTM C-469-Standard Test Method for Static Modulus of Elasticity and 16 Poisson's Ratio of Concrete in Compression. 17 h. ASTM C-496-Standard Test Method for Splitting Tensile Strength of 18 Cylindrical Concrete Specimens. 19 i. ASTM C-666 -Standard Test Method for Resistance of Concrete to Rapid 20 Freezing and Thawing. 21 j. ASTM C-801 -Standard Test Method for Time of Setting of Hydraulic Cement 22 Mortar by Modified Vicat Needle. 23 k. ASTM C-882(Type I1 or Type V)-- Standard Test Method for Bond Strength 24 of Epoxy-Resin Systems Used with Concrete By Slant Shear. 25 1. ASTM C-1090 Standard Test Method for measuring Changes in Height of 26 Cylindrical Specimens of Hydraulic-Cement Grout. 27 in. ASTM C-1138-Standard Test Method for Abrasion Resistance of Concrete 28 (Underwater Method). 29 n. ASTM C-1202-Standard Test Method for Electrical Indication of Concrete's 30 Ability to Resist Chloride Ion Penetration. 31 o. ASTM F-2414-Standard Practice for Sealing Sewer Manholes Using 32 Chemical Grouting. 33 p. ASTM F-2551 -Standard Practice for Installing a Protective Cementitious 34 Liner System in Sanitary Sewer Manholes. 35 American Concrete Institute(ACI): 36 a. ACI 305R-99 Hot Weather Concreting 37 b. ACI 306R-88 Cold Weather Concreting 38 c. ACI Certified Concrete Field Testing Technician,Level 1 39 40 3. Environmental Protection Agency(EPA). 41 4. NACE International(MACE). 42 5. Occupational Safety and Health Administration(OSHA). 43 6. Resource Conservation and Recovery Act,(RCRA). 44 7. The Society for Protective Coatings/MACE International(SSPC(NACE): 45 a. sp 13/NACE No. 6, Surface Preparation of Concrete. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100275 Revised December 20,2012 333960-4 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 4 of 10 1 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 2 1.5 SUBMITTALS 3 A. Submittals shall be in accordance with Section 0133 00. 4 B. All submittals shall be approved by the City prior to delivery. 5 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS 6 A. Product Data 7 1. Technical data sheet on each product used 8 2. Material Safety Data Sheet(MSDS)for each product used 9 3. Copies of independent testing performed on the coating product indicating the 10 product meets the requirements as specified herein 11 4. Technical data sheet and project specific data for repair materials to be topcoated 12 with the coating product including application,cure time and surface preparation 13 procedures 14 5. Material and method for repair of leaks or cracks in the structure 15 B. Contractor Data 16 1. Current documentation from coating product manufacturer certifying Contractor's 17 training(and/or licensed) as an approved installer and equipment complies with the 18 Quality Assurance requirements specified herein 19 2. 5 recent references of Contractor indicating successful application of coating 20 product(s)of the same material type as specified herein,applied by spray 21 application within the municipal wastewater environment. References shall include 22 at least the following: owner name,City inspector name and phone number,project 23 name/number, size and linear footage of sanitary sewer main,manhole diameter, 24 structure dimensions and number of each, square feet(or vertical feet)of product 25 installed,contract cost,and contract duration. Contractor must demonstrate a 26 successful history of installing the product in structures of similar size and scope. 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE 30 A. Qualifications 31 1. Contractor 32 a. Be trained by,or have training approved and certified by,the coating product 33 manufacturer for the handling,mixing,application and inspection of the coating 34 product(s)to be used as specified herein 35 b. Initiate and enforce quality control procedures consistent with the coating 36 product(s)manufacturer recommendations and applicable NACE or SSPC 37 standards as referenced herein 38 1.10 DELIVERY,STORAGE,AND HANDLING 39 A. Keep materials dry,protected from weather and stored under cover. 40 B. Store coating materials at temperatures recommended by Manufacturer CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 333960-5 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 5 of 10 1 C. Do not store near flame,heat or strong oxidants. 2 D. Handle coating materials according to their material safety data sheets. 3 1.11 FIELD [SITE] CONDITIONS 4 A. Provide confined space entry,flow diversion and/or bypass plans as necessary to 5 perform the specified work. Active flows shall be diverted with flow through plugs as 6 required to ensure that flow is maintained off the surfaces to be lined. 7 1.12 WARRANTY 8 A. Contractor Warranty 9 1. Contractor's Warranty shall be in accordance with Division 0. 10 PART 2- PRODUCTS 11 2.1 OWNER-FURNISHED loR] OWNER-SUPPLIED PRODUCTS [NOT USED] 12 2.2 EQUIPMENT,PRODUCT TYPES,MATERIALS 13 A. Repair and Resurfacing Products 14 1. Compatible with the specified coating product(s)in order to bond effectively,thus 15 forming a composite system 16 2. Used and applied in accordance with the manufacturer's recommendations 17 3. The repair and resurfacing products must meet the following: 18 a. 100 percent solids,solvent-free epoxy grout specifically formulated for epoxy 19 topcoating compatibility 20 b. Additional materials including chemical grouts and hydraulic cements 21 necessary to stop infiltration and create a surface for the geopolymer lining be 22 applied as necessary 23 c. If additional repair procedures must be undertaken by the contractor to prepare 24 the existing structure for lining,a plan must be submitted for Owner's approval 25 prior to proceeding 26 B. Coating Product 27 1. Capable of being installed and curing properly within a manhole or concrete utility 28 environment 29 2. Resistant to all forms of chemical or bacteriological attack found in municipal 30 sanitary sewer systems;and,capable of adhering to typical manhole structure 31 substrates 32 3. The 100 percent solids,solvent-free ultra high-build epoxy system shall exhibit the 33 following characteristics: 34 a. Application Temperature—50 degrees F,minimum 35 b. Thickness—Thickness—125 mils minimum for newly installed structures;250 36 mils minimum for rehabilitation of existing structures(Warren Environmental 37 System 301,ARC S114B by A.W. Chesterton Company);500 mils minimum 38 (EcoCast). 39 c. Color—White,Light Blue,or Beige 40 d. Compressive Strength(per ASTM D695)—8,800 psi minimum 41 e. Tensile Strength (per ASTM D638)—7,500 psi minimum CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100275 Revised December 20,2012 333960-6 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 6 of 10 1 f. Hardness, Shore D(per ASTM D4541)—70 minimum 2 g. Abrasion Resistance(per ASTM D4060 CS 17F Wheel) - 80 mg loss 3 maximum 4 h. Flexural Modulus(per ASTM D790)—400,000 psi minimum 5 i. Flexural Strength(per ASTM D790)— 12,000 psi minimum 6 j. Adhesion to Concrete,mode of failure(ASTM D4541): Substrate(concrete) 7 failure 8 k. Chemical Resistance(ASTM D543/G20)all types of service for: 9 1) Municipal sanitary sewer environment 10 2) Sulfuric acid,70 percent 11 3) Sodium hydroxide,20 percent 12 4. The factory blended,rapid setting,high early strength,fiber reinforced,non-shrink 13 geopolymer lining mortar shall exhibit the following characteristics: 14 a. Compressive Strength ASTMC39 or C109 1 Day 2,500 psi 15 28 Day 8,000 psi 16 b. Flexural Strength ASTM C78 7 Day 1,100 psi 17 28 Day 1,500 psi 18 c.Tensile Strength ASTM C496 28 Day 800 psi 19 d. Shrinkage ASTM C1090 28 Day 0%at 65% 20 RH 21 e. Modulus of Elasticity ASTM C469 1 Day 3,000,000 psi 22 28 Day 5,800,000 psi 23 f.Bond Strength ASTM C882 Type II 1 Day 900 psi 24 28 Day 2,500 psi 25 g.Freeze Thaw Durability ASTM C666 300 Cycles Zero Loss 26 h. Set Time ASTM C807 Initial <75 min 27 Final < 120 Min 28 i.Abrasion Resistance ASTM C1138 5 Cyl.28 Day Less 29 Than 3%Loss 30 j.Rapid Chloride Ion Permeability ASTM C1202 28 Days Very Low 31 (below 1000 Coulombs) 32 k. The SCGP lining geopolymer mortar should be composed of at minimum 70% 33 Pozzolanic material selected from the list of. Si02, MgO, A1203, Fe203 and be 34 verified by third party certified X-ray Fluorescence(XRF)testing. 35 1. Particle size of maximum aggregate of 2.38 mm based on 100% of material 36 (except fibers)passing the No.8 Sieve. 37 in. The lining shall be compatible with the thermal and chemical conditions of the 38 existing sewer structures. Surface temperatures will range from 20°F to 100°F 39 and pH may range as low as 1.0. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 333960-7 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 7 of 10 1 n.A liquid sealant must be applied to the geopolymer lining mortar after the final 2 thickness has been spin cast. The sealant designed to provide additional 3 chemical protection for the geopolymer lining from microbial induced 4 corrosion(MIC)and should be designed function with the geopolymer lining. 5 Chemical Resistance(ASTM D543lG20)all types of service for: 6 1) Municipal sanitary sewer environment 7 2) Sulfuric acid, 70 percent 8 3) Sodium hydroxide,20 percent 9 10 o. The liquid sealant shall be GeoSpray AMS Post-Coat manufactured by Milliken 11 Infrastructure Solutions,LLC or approved equal. 12 13 C. Coating Application Equipment 14 1. Manufacturer approved heated plural component spray equipment 15 2. Hard to reach areas,primer application and touch-up may be performed using hand 16 tools. 17 3. Applicator shall use approved specialty equipment that is adequate in size,capacity, 18 and number sufficient to accomplish the work in a timely manner. 19 2.3 ACCESSORIES [NOT USED] 20 2.4 SOURCE QUALITY CONTROL 21 1, Testing 22 Epoxy Lining 23 a. Take wet film thickness gauge per ASTM D4414 at 3 locations within the 24 manhole,2 spaced equally apart along the wall and 1 on the bench. 25 1) Document and attest measurements and provide to the City. 26 b. After coating has set,repair all visible pinholes by lightly abrading the surface 27 and brushing the lining material over the area. 28 c. Repair all blisters and evidence of uneven cover according to the 29 manufacturer's recommendations. 30 Geopolymer Mortar Lining 31 a. The completed liner shall be smooth and free from honeycomb and areas of 32 segregation 33 b. Small plastic indicator tabs can be attached on the structure to verify the proper 34 thickness is achieved. These are positioned to be just below the specified 35 thickness and are left in place when sprayed over. 36 37 2. Test manhole for final acceptance according to Section 33 0130. 38 3. A bonded third party testing company shall perform the testing. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 333960-8 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 8 of 10 1 PART 3- EXECUTION 2 3.1 INSTALLERS 3 A. All installers shall be certified applicators approved by the manufacturers.Applicator 4 shall use adequate number of skilled workmen that have been trained and experienced for 5 the approved product. 6 7 3.2 EXAMINATION [NOT USED] 8 3.3 PREPARATION 9 A. Manhole Preparation 10 1. Stop active flows via damming,plugging or diverting as required to ensure all 11 liquids are maintained below or away from the surfaces to be coated. 12 2. Maintain temperature of the surface to be coated between 40 and 100 degrees F. 13 3. Shield specified surfaces to avoid exposure of direct sunlight or other intense heat 14 source. 15 a. Where varying surface temperatures do exist,coating installation should be 16 scheduled when the temperature is falling versus rising. 17 B. Surface Preparation 18 1. Remove oils,roots,grease,incompatible existing coatings,waxes,form release, 19 curing compounds,efflorescence,sealers,salts or other contaminants which may 20 affect the performance and adhesion of the coating to the substrate. Remove any 21 steps found in the structure. 22 2. Remove concrete and/or mortar damaged by corrosion,chemical attack or other 23 means of degradation so that only sound substrate remains. 24 3. Surface preparation method,or combination of methods,that may be used include 25 high pressure water cleaning,high pressure water jetting, abrasive blasting, 26 shotblasting,grinding,scarifying,detergent water cleaning,hot water blasting and 27 others as described in SSPC SP 13/NACE No. 6. 28 4. All methods used shall be performed in a manner that provides a uniform,sound, 29 clean,neutralized,surface suitable for the specified coating product. 30 5. After completion of surface preparation,inspect for leaks,cracks,holes,exposed 31 rebar,ring and cover condition,invert condition,and inlet/outlet pipe condition. 32 6. After defects in the structure have been identified,seal cracks,repair exposed rebar 33 with new rebar to match existing,repair leaks and cracks with grout or other 34 methods approved by the Manufacturer. All new rebar shall be embedded in 1 '/Z 35 inch epoxy mastic. Replace/seal connection between existing frame and chimney if 36 it is found loose or not attached. 37 7. The repair mortar and topcoat must be designed to function with the appropriate 38 liner to ensure a bonded weld. For epoxy coating systems no cementitious repair 39 material,quick setting high strength concrete with latex or curing agent additives, 40 or quick set mortars will be allowed. Proper surface preparation procedures must 41 be followed to ensure adequate bond strength to any surface to be coated. New 42 cement cure time is at least 30 days prior to coating. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 333960-9 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 9 of 10 1 3.4 INSTALLATION 2 A. General 3 1. Perform coating after the sewer line replacement/repairs,grade adjustments and 4 grouting are complete. 5 2. Perform application procedures per recommendations of the coating product 6 manufacturer,including environmental controls,product handling,mixing and 7 application. 8 B. Temperature 9 1. Only perform application if surface temperature is between 40 and 100 degrees F. 10 2. Make no application if freezing is expected to occur inside the manhole within 24 11 hours after application. 12 C. Coating 13 1. Spray apply per manufacturer's recommendation at a minimum film thickness of 14 125 mils for epoxy liner system,minimum of 0.5 inch for geopolymer mortar 15 lining system. 16 2. Apply coating from bottom of manhole frame to the bench/trough,including the 17 bench/trough. 18 3. After walls are coated,remove bench covers and spray bench/trough to at least the 19 same thickness as the walls. 20 4. Apply any topcoat or additional coats within the product's recoat window. 21 a. Additional surface preparation is required if the recoat window is exceeded. 22 5. Allow a minimum of 3 hours of cure time or be set hard to touch before reactivating 23 flow. 24 3.5 REPAIR/RESTORATION [NOT USED] 25 3.6 RE-INSTALLATION [NOT USED] 26 3.7 FIELD [oR] SITE QUALITY CONTROL 27 A. Each structure will be visually inspected by the City the same day following the 28 application. 29 B. Groundwater infiltration of the system shall be zero. 30 C. All pipe connections shall be open and clear. 31 D. The inspector will check for deficiencies,pinholes,voids,cracks,uncured spots, 32 delamination,and thin spots. Any deficiencies in the liner shall be marked and repaired 33 according to the procedures outlined by the Manufacturer. 34 E. If leaks are detected they will be chipped back,plugged and coated 35 1. Make repair 24 hours after leak detection. CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 333960-10 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 10 of 10 1 3.8 SYSTEM STARTUP [NOT USED] 2 3.9 ADJUSTING [NOT USED] 3 3.10 CLEANING[NOT USED] 4 3.11 CLOSEOUT ACTIVITIES 5 A. Upon final completion of the work,the manufacturer will provide a written certification 6 of proper application to the City. 7 B. The certification will confirm that the deficient areas were repaired in accordance with 8 the procedure set forth in this Specification. The final report will detail the location of the 9 repairs in the structure and description of the repairs. 10 3.12 PROTECTION [NOT USED] 11 3.13 MAINTENANCE [NOT USED] 12 3.14 ATTACHMENTS [NOT USED] 13 END OF SECTION 14 Revision Log DATE NAME SUMMARY OF CHANGE 15 CITY OF FORT WORTH VILLAGE CREEK SANITARY SEWER REHABILITATION PART A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100275 Revised December 20,2012 APPENDIX TWDB FUNDING Tuasbter Development Board Texas Water Development Board Supplemental Contract Conditions And Instructions (TWDB-0550) For Construction Services for Projects Funded through the Clean Water (Equivalency) and Drinking Water State Revolving Fund Programs TW D B-0550 Rev 01/17 Table of Contents I. INSTRUCTIONS FOR APPLICANTS...................................................................................................5 1. Applicability.......................................................................................................................................5 2. Use of Conditions...............................................................................................................................5 3. Modifications to Provisions.................................................................................................................5 4. Good Business Practices.....................................................................................................................5 5. Other Requirements.............................................................................................................................6 6. Advertisements for Bids.....................................................................................................................6 7. Bid Proposal........................................................................................................................... .... ......8 8. Bidding Process................................................ .................................................................................8 9. Debarment and Suspension Certification............................................................................................8 10. Release of Funds.................................................................................................................................9 11. INSTRUCTIONS TO BIDDERS.......................................................................................................... 11 1. Contingent Award of Contract.......................................................................................................... 11 2. Disadvantaged Business Enterprise Goals........................................................................................ 11 3. Davis-Bacon Wage Rate Requirements............................................................................................ 11 4. American Iron and Steel................................................................................................................... 12 5. Equal Employment Opportunity and Affirmative Action................................................................. 12 6. Debarment and Suspension Certification.......................................................................................... 12 7. Bid Guarantee................................................................................................................................... 13 111. SUPPLEMENTAL CONTRACT CONDITIONS............................................................................. 14 1. Supersession...................................................................................................................................... 14 2. Privity of Contract............................................................................................................................. 14 3. Definitions........................................................................................................................................ 14 4. Laws to be Observed......................................................................................................................... 14 5. Review by Owner and TWDB.......................................................................................................... 14 6. Performance and Payment Bonds..................................................................................................... 15 7. Payment Schedule and Cost Breakdown.......................................................................................... 15 8. Workman's Compensation Insurance Coverage(as applicable,consistent with Texas Labor Code § 406.096)..................................................................................................................................................... 15 9. American Iron& Steel...................................................................................................................... 16 10. Davis-Bacon Wage Rate Requirements............................................................ (a) Compliance Procedures................................................................................................................... 17 TWDB-0550 Rev 01/17 Page 2 of 46 (b) Subcontracts.................................................................................................................................... 18 (c) Davis-Bacon General Wage Determinations................................................................................... 18 Option 1 —Applies to Governmental Entities (such as Cities and Districts).............................................20 Option 2—Applies to Non-Governmental Entities(such as Water Supply Corporations and Private Companies)................................................................................................................................................28 11. Payments...........................................................................................................................................36 12. Equal employment opportunity and affirmative,action....................................................................37 13. Debarment and Suspension...............................................................................................................39 14. Disadvantaged Business Enterprises.................................................................................................41 15. Archeological Discoveries and Cultural Resources..........................................................................42 16. Endangered Species..........................................................................................................................42 17. Hazardous Materials.........................................................................................................................43 18. Project Signage.................................................................................................................................43 19. Changes.............................................................................................................................................43 20. Operation and Maintenance Manuals and Training..........................................................................44 21. As-Built Dimensions and Drawings.................................................................................................45 22. Close-Out Procedures.......................................................................................................................45 23. Additional Forms and Information...................................................................................................46 TWDB-0550 Page 3 of 46 Rev 01/17 Forms and Guidance: The Texas Water Development Board(TWDB)forms and guidance documents noted in this instruction document may be accessed through the TWDB Financial Assistance website at: http://www.twdb.texas.P-ov/financi al/instructions/index.asp Search by either the document number or name. TWDB-0550 Page 4 of 46 Rev 01/17 I. INSTRUCTIONS FOR APPLICANTS 1. Applicability These Supplemental Contract Conditions contain provisions that are worded to comply with certain statutes and regulations which specifically relate to all Drinking Water State Revolving Fund(DWSRF)projects and Clean Water State Revolving Fund(CWSRF) Equivalency Program projects. Provisions which are applicable to the project's funding source or dollar value of the contract are so noted within these provisions. 2. Use of Conditions The conditions and forms listed under Section H. Instructions to Bidders are to be included in the instructions to bidders for construction services. The provisions listed under Section III. Construction Contract Supplemental Conditions shall be included, in their entirety, with the other general and special conditions that are typically included in the construction contract documents by the design engineer. 3. !Modifications to Provisions These provisions shall be included as a stand-alone section in the contract documents. The Applicant may need to modify parts of these provisions to better fit the other provisions of the construction contract. The Applicant and the consulting engineer should carefully study these provisions before incorporating them into the construction contract documents. In particular,Water Districts and other types of Districts should be aware of statutes relating to their creation and operation which may affect the application of these conditions. The TWDB Project Engineer/Reviewer should be consulted if the Applicant thinks there is a need to modify parts of these provisions. The Applicant is to determine and incorporate the affirmative action goals for the project into Supplemental Contract Condition No. 12. Supplemental Condition No. 15, Archeological Discoveries and Cultural Resources, and Condition No. 16, Endangered Species, may be superseded or modified by project specific conditions established during the environmental review process. These documents may confer certain duties and responsibilities on the consulting engineer that are beyond, or short of, what the Applicant intends to delegate. The Applicant should ensure that the contractual agreement with the Engineer provides for the appropriate services. Otherwise the Applicant should revise the wording in these special conditions to agree with actually delegated functions. 4. Good Business Practices There are other contract provisions that the Applicant and Engineer need to include as a matter of good business practice. It is recommended that provisions addressing the following matters be included in the construction contract. TWDB-0550 Page 5 of 46 Rev 01/17 (a) Specifying the time frame for accomplishing the construction of the project,and the consequences of not completing on time,including liquidation damages. (b) Specifying the type and dollar value of and documentation of insurance the Contractor is to carry. At a minimum,the Contractor should carry worker's compensation,liability and builder's risk insurance. (c) Identifying the responsibility of the Contractor- responsibility and warranty of work. (d) Price reduction for defective pricing of negotiated costs. (e) Differing site conditions-notice and claims regarding site conditions differing from indicated conditions. (f) Covenants against contingent fees-prohibit contingent fees for securing business. (g) Gratuities-prohibitions against offering and accepting gratuities. (h) Audit and access records. (i) Suspension of work -conditions under which the Applicant may suspend work. 0) Termination- conditions under which the Applicant may terminate. (k) Remedies-how disputes will be remedied. 5. Other Requirements There may be other local government requirements and applicable Federal and State statutes and regulations which are not included by these conditions. It is the Loan/Principal Forgiveness Applicant's responsibility to ensure that the project and all contract provisions are consistent with the relevant statutes and regulations. 6. Advertisements for Bids State procurement statutes require advertising a contract for bid for at least two (2) consecutive weeks. By not following this requirement, the project may need to be re- advertised. The official advertisement for bids that is published in newspapers should include certain information such as,but not limited to, the following: (a) A clear description of what is being procured. (b) How to obtain plans and specifications(P&S),necessary forms and information. (c) The date and time by which bids are to be submitted(deadline). (d) The address where bids are to be provided. (e) This contract is contingent upon release of funds from the Texas Water Development Board(TWDB). (f) Any contract or contracts awarded under this Invitation for Bid(IFB)or Request for Qualifications(RFQ) are expected to be funded in part by financial assistance from the TWDB. Neither the U.S.Environmental Protection Agency(EPA)or the State of Texas, nor any of its departments,agencies,or employees,are or will be a party to this IFB, RFQ, or any resulting contract. (g) This project is subject to the American Iron and Steel(AIS)requirements of 33 U.S.0 §1388 for Clean Water State Revolving Fund projects or Public Law 114-113, Consolidated Appropriations Act, 2016, or subsequent appropriations acts, for Drinking Water State Revolving Fund projects. Any contract(s) awarded under this Invitation for Bids is/are subject to the American Iron and Steel (AIS)requirements of these laws. (h) This contract is subject to the EPA's "fair share policy", which includes EPA- approved"fair share goals"for Minority Business Enterprise(MBE)and Women TWDB-0550 Page 6 of 46 Rev 01/17 Business Enterprise (WBE) firms in the Construction, Supplies, Equipment, and Services procurement categories. EPA's policy requires that applicants and prime Contractors make a good faith effort to award a fair share of contracts,subcontracts, and procurements to Minority Business Enterprise and Women-Owned Business Enterprise firms. Although EPA's policy does not mandate that the fair share goals be achieved,it does require applicants and prime Contractors to demonstrate use of the six affirmative steps. The current fair share goals for the State of Texas are as follows: CATEGORY MBE WBE CONSTRUCTION 12.94% 8.72% SUPPLIES 68% 9.34% EQUIPMENT 7.12% 5.39% SERVICES 10.84% 5.72% (i) Equal Opportunity in Employment-All qualified Applicants will receive consideration for employment without regard to race, color,religion,sex (including pregnancy), sexual orientation,gender identity,national origin,age(40 or older), disability,or genetic information. Bidders on this work will be required to comply with the Department of Labor regulations at 41 CFR Part 60-4, relating to Construction Contractors--Affirmative Action Requirements, which include the President's Executive Order No. 11246, as amended by Executive Order No. 11375 and Executive Order No. 13672,in the award and administration of contracts awarded under TWDB financial assistance agreements. Failure by the Contractor to carry out these requirements is a material breach, which may result in the termination of the awarded financial assistance. (j) Acknowledgement of any special requirements such as mandatory pre-bid conference. (k) Right to reject any and all bids. (1) Davis-Bacon prevailing wage requirements apply to the construction, alteration or repair of treatment works carried out, in whole or in part,with assistance made available by the Clean Water State Revolving Fund(CWSRF) or a construction project financed,in whole or in part,from the Drinking Water State Revolving Fund (DWSRF). (m)The Davis-Bacon prevailing wage requirements apply to Contractors and Subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration or repair (including painting)of a treatment works project under the CWSRF or a construction project under the DWSRF. (n) For prime contracts in excess of$100,000, Contractors and Subcontractors must also, under the provisions of the Contract Work Hours and Safety Standards Act, as amended, pay laborers and mechanics, including guards and watchmen, at least one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. The Fair Labor Standards Act may also apply to Davis-Bacon covered contracts. (o) Any contracts or subcontracts in excess of$2,000 must include the provisions of the Davis-Bacon Wage Rate Requirements found in TWDB Guidance No. DB-0156. (p) Wage Determinations-U.S. Department of Labor(DOL) wage determination must be included in the bidding and contract documents. DOL wage determinations may be obtained online at http://www.wdol.gov/. TWDB-0550 Page 7 of 46 Rev 01/17 Once it is determined that Davis-Bacon wage rates will apply to a construction contract, the Applicant must state in the solicitation that Davis-Bacon prevailing wage rates are applicable and bid packages must include the current Davis-Bacon general wage determination for the area where construction will occur. While the solicitation remains open,the Applicant must monitor www.wdol.gov on a weekly basis to ensure that the wage determination contained in the solicitation remains current. The Applicant must amend the solicitation if the DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening)for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date,the Applicant may request a finding from TWDB that there is not reasonable time to notify interested Contractors of the modification of the wage determination. (q) For additional information on Davis-Bacon Wage Rate Requirements and its applicability to this contract, please consult TWDB Guidance No. DB-0156. 7. Bid Proposal The Bid proposal form should account for the following: (a) If a lump sum bid,include a list of the materials used and associated costs. (b) Distinguish Eligible and Ineligible items. (c) Accommodate Trench Safety requirements with separate per unit pay item for trench excavation safety protection,Health and Safety Code Chapter 756, Subchapter C. (d) Include space for the Contractor to acknowledge receipt of each Addendum issued during the bidding process. 8. Bidding Process The Plans and Specifications, P&S,should include an explanation of how the bids will be processed and should include the following components: (a) Whether a Pre-bid Conference will be held,whether it is optional or mandatory,where and when it will be held. (b) Specify the criteria and process for determining responsiveness and responsibility of the bidder. (c) Specify the method of determining the successful bidder and award(e.g.,award to the lowest responsive,responsible bidder,accounting for any multiple parts to bids). (d) Allow for withdrawal of a bid due to a material mistake. (e) Identify the time frame that the bids may be held by the Applicant before awarding a contract(i.e.,typically for 60 or 90 days). (f) Acknowledge right of the Applicant to reject any and all bids. 9. Debarment and Suspension Certification Financial assistant recipients must fully comply with the requirements of Subpart C of 2 CFR Part 180—"Responsibilities of Participants Regarding Transactions Doing Business with Other Persons"-as implemented and supplemented by 2 CFR Part 1532. The recipient is responsible for ensuring that any lower tier covered transaction, as described in Subpart B of 2 CFR Part 180— "Covered Transactions"—includes a term or condition requiring compliance with Subpart C. The recipient is fully responsible for requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. TWDB-0550 Page 8 of 46 Rev 01/17 Recipient acknowledges that failing to disclose the information required under 2 CFR 180.355 may result in the delay or negation of the financial assistance, or pursuance of legal remedies including debarment and suspension. The recipient must complete and submit certification No. SRF-404:Debarment/ Suspension Certification, certifying that it has checked the federal System for Award Management website (11upWwww.sam.gov) and determined that the Contractor is not an "excluded party"that is debarred, suspended or otherwise excluded from participation in federal assistance programs under Executive Order 12549, as required by 2 CFR Part 180 and 2 CFR Part 1532. 10. Release of Funds Prior to the TWDB approval to issue a notice to proceed(NTP), and subsequent release of funds for construction (according to program specific requirements),the Applicant and its consultant shall provide the following bid documents: (a) Submittal of Bid Documents to TWDB Project Engineer/Reviewer to allow contingent award of contract: Advertisement and Affidavit of advertisement, Bid tabulation, All Addenda submitted and approved for the contract, Bid proposal of apparent low bidder(or chosen bidder with explanation)with bid bond, Entity's Disadvantaged Business Enterprise forms TWDB 0216 and TWDB 373, Contractor's Disadvantaged Business Enterprise forms TWDB 0216, 0217, and 0373, If Subcontractors are being used to fulfill the contract, EPA forms 6100-3 and 6100-4, Site Certificate (ED-101), Consulting engineer's recommendation to award letter, A description of any bidding irregularities, Construction inspection proposal, Bidder's Certifications Form(WRD-255). (b) Following contingent award of the contract,TWDB Project Engineer/Reviewer should receive a bound copy of the executed contract documents (including specifications). This document should include: Executed agreement, Contractor's Act of Assurance(TWDB Form ED -103), Contractor's Act of Assurance Resolution(TWDB Form ED-104), Payment and Performance Bonds(must be executed on or after the date of the contract), Contractor's Certificate of Insurance, Sufficiency of Funds letter. TWDB-0550 Page 9 of 46 Rev 01/17 After reviewing and approving the executed bid documents,the TWDB will issue an authorization for the Applicant to issue a notice to proceed At this time, TWDB staff can begin releasing construction funds in accordance with program requirements. Once construction begins,the Applicant must submit monthly, with each Outlay Request,the following documents: - DB-0154—Monthly Davis Bacon Wage Rate Certificate of Compliance. - TWDB-1106-A—Monthly American Iron and Steel Certificate. Failure to provide these certificates will result in denial of release of funds. For any questions or proposed modifications to these conditions,please contact your TWDB Project Engineer/Reviewer. TWDB-0550 Page 10 of 46 Rev 01/17 II. INSTRUCTIONS TO BIDDERS The language and conditions listed in this Section shall be included in the"Instructions to Bidders" section of the construction contract documents. 1. Contingent Award of Contract This contract is contingent upon release of funds from the Texas Water Development Board. Any contract(s) awarded under this Invitation for Bids is/are expected to be funded in part by a loan or loan with principal forgiveness from the Texas Water Development Board and a grant from the United States Environmental Protection Agency, U.S. EPA. Neither the State of Texas, the U.S. EPA, nor any of its departments,agencies, or employees, are or will be a party to this Invitation for Bids or any resulting contract. 2. Disadvantaged Business Enterprise Goals The Texas Water Development Board's (TWDB) Clean Water and Drinking Water State Revolving Fund programs receive federal funds from the U. S. Environmental Protection Agency (EPA). As a condition of federal grant awards, EPA regulations require that loan recipients make a "good faith effort" to award a fair share of work to Disadvantaged Business Enterprises (DBE) who are Minority Business Enterprises (MBE's), and Women-owned Business Enterprises(WBE's) whenever procuring construction, supplies, services and equipment. More information on DBE requirements is available in the Supplemental Contract Conditions section of this guidance No. 14. Disadvantaged Business Enterprises. The current fair share goals for the State of Texas are as follows: CATEGORY MBE WBE CONSTRUCTION 12.94% 8.72% EQUIPMENT 7.12%. 5.39% SUPPLIES 9.68% 9.34% SERVICES 10.84% 5.72% 3. Davis-Bacon Wage Rate Requirements (a) Davis-Bacon prevailing wage requirements apply to the construction, alteration or repair of treatment works carried out, in whole or in part, with assistance made available by the Clean Water State Revolving Fund(CWSRF)or a construction project financed,in whole or in part,from the Drinking Water State Revolving Fund(DWSRF). (b) The Davis-Bacon prevailing wage requirements apply to Contractors and Subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration or repair (including painting)of a treatment works project under the CWSRF or a construction project under the DWSRF. (c) For prime contracts in excess of$100,000, Contractors and Subcontractors must also,under the provisions of the Contract Work Hours and Safety Standards Act, as amended,pay laborers and mechanics, including guards and watchmen, at least one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. TVI/D B-0550 Rev 01/17 Page 11 of 46 The Fair Labor Standards Act may also apply to Davis-Bacon covered contracts. (d) Any contracts in excess of$2,000 must include the provisions of the Davis-Bacon Wage Rate Requirements. If the Owner(sub-recipient) is a governmental entity such as a city or district, it must insert in full the contract clauses found in TWDB Guidance DB-0156, Appendix 1: Section 3, Section 4 if the contract exceeds $100,000, and Section 5. If the Owner (sub-recipient) is a non-governmental entity such as a water supply corporation or a private company, it must insert in full the contract clauses found in TWDB Guidance DB- 0156, Appendix 2: Section 3, Section 4 if the contract exceeds $100,000, and Section 5. The Owner(sub-recipient) must ensure all prime contracts require the same full text in any subcontracts. See TWDB Guidance DB-0156 for the text of the contract language that must be included. Additional information on Davis-Bacon Wage Rate Requirements and its applicability to this contract can be found in TWDB Guidance DB-0156. 4. American Iron and Steel Any contract(s)awarded under this Invitation for Bids is/are subject to the American Iron and Steel (AIS)requirements of 33 U.S.0 §1388 for Clean Water State Revolving Fund projects or Public Law 114-113, Consolidated Appropriations Act, 2016, or subsequent appropriations acts,for Drinking Water State Revolving Fund projects. The Contractor must complete the statement of understanding regarding this requirement, found in the Special Contract Conditions,Item No. 9. 5. Equal Employment Opportunity and Affirmative Action All qualified applicants will receive consideration for employment without regard to race, color, religion, sex (including pregnancy), sexual orientation, gender identity, national origin, age (40 or older), disability,or genetic information. Bidders on this work will be required to comply with the Department of Labor regulations at 41 CFR Part 60-4, relating to Construction Contractors--Affirmative Action Requirements, which include the President's Executive Order No. 11246, as amended by Executive Order No. 11375 and Executive Order No. 13672, in the award and administration of contracts awarded under TWDB financial assistance agreements. Failure by the Contractor to carry out these requirements is a material breach, which may result in the termination of the awarded financial assistance. 6. Debarment and Suspension Certification This contract is subject to the federal requirements of Subpart C of 2 CFR Part 180 and Part 1532 regarding Debarment and Suspension. The Contractor will comply with the assurances provided with the bid that leads to a contract. TWDB-0550 Rev 01/17 Page 12 of 46 7. Bid Guarantee Each bidder shall furnish a bid guarantee equivalent to five percent of the bid price(Water Code 17.183). If a bid bond is provided, the Contractor shall utilize a surety company which is authorized to do business in Texas in accordance with Surety Bonds and Related Instruments,Chapter 3 503 of the Insurance Code. Forms to be submitted with Bid: • WRD-25 5,Bidder's Certifications regarding Equal Employment Opportunity and Non- Segregated Facilities. • SRF-404, Certification Regarding Debarment,Suspension and Other Responsibility Matters, (to be completed and submitted by the sub-recipient). • Disadvantaged Business Enterprise(DBE)Construction Contract Phase Forms Form Prime Contractor Submit Form To TWDB-0216 Required TWDB TWDB-0217 Required TWDB TWDB-0373 Required TWDB TWDB-0550 Rev 01/17 Page 13 of 46 III. SUPPLEMENTAL CONTRACT CONDITIONS 1. Supersession The Owner and the Contractor agree that the TWDB Supplemental Conditions apply to that work eligible for Texas Water Development Board assistance to be performed under this contract and these clauses supersede any conflicting provisions of this contract. 2. Privitv of Contract Funding for this project is expected to be provided in part by the Texas Water Development Board. Neither the State of Texas, nor any of its departments, agencies or employees is, or will be, a party to this contract or any lower tier contract. This contract is subject to applicable provisions 31 TAC Chapter 371 (DWSRF)or 375 (CWSRF) in effect on the date of the assistance award for this project. 3. Definitions (a) The term"Owner"means the local entity contracting for the construction services. (b) The term "TWDB" means the Executive Administrator of the Texas Water Development Board, or other person who may be at the time acting in the capacity or authorized to perform the functions of such Executive Administrator,or the authorized representative thereof. (c) The term"Engineer"means the engineer the Owner has authorized to work on the proj ect. 4. Laws to be Observed In the execution of the Contract,the Contractor must comply with all applicable Local, State and Federal laws, including but not limited to laws concerned with labor, safety, minimum wages, and the environment. The Contractor shall make himself familiar with and at all times shall observe and comply with all Federal, State, and Local laws, ordinances and regulations which in any manner affect the conduct of the work, and shall indemnify and save harmless the Owner, Texas Water Development Board, and their representatives against any claim arising from violation of any such law, ordinance or regulation by the Contractor,their Subcontractor or their employees. 5. Review by Owner and TVN'DB (a) The Owner, authorized representatives and agents of the Owner, and TWDB shall, at all times have access to and be permitted to observe and review all work, materials, equipment,payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this Contract,provided, however that all instructions and approval with respect to the work will be given to the Contractor only by the Owner through authorized representatives or agents. (b) Any such inspection or review by the TWDB shall not subject the State of Texas, or its representatives, to any action for damages. TWDB-0550 Rev 01/17 Page 14 of 46 6. Performance and Payment Bonds Each Contractor awarded a construction contract must famish performance and payment bonds: (a) The performance bond shall include without limitation guarantees that work done under the contract will be completed and performed according to approved plans and specifications and in accordance with sound construction principles and practices; (b) The performance and payment bonds shall be in a penal sum of not less than 100 percent of the contract price and remain in effect for one year beyond the date of approval by the Engineer of the political subdivision; and (c) The Contractor shall utilize a surety company which is authorized to do business in Texas in accordance with Surety Bonds and Related Instruments, Chapter 3503 of the Insurance Code. 7. Payment Schedule and Cost Breakdown (a) The Contractor shall submit for approval immediately after execution of the Agreement, a carefully prepared Progress Schedule, showing the proposed dates of starting and completing each of the various sections of the work, the anticipated monthly payments to become due to the Contractor,and the accumulated percent of progress each month. (b) The following paragraph applies only to contracts awarded on a lump sum contract price: COST BREAKDOWN- The Contractor shall submit to the Owner a detailed breakdown of the estimated cost of all work to be accomplished under the contract, arranged and itemized as to meet the approval of the Owner or funding agencies. This breakdown shall be submitted promptly after execution of the agreement and before any payment is made to the Contractor for the work performed under the contract. After approval by the Owner the unit prices established in the breakdown shall be used in estimating the amount of partial payments to be made to the Contractor. 8. Workman's Compensation Insurance Coverage (as applicable, consistent with Texas Labor Code § 406.096) (a) The Contractor shall certify in writing that the Contractor provides workers' compensation insurance coverage for each employee of the Contractor employed on the public project. (b) Each Subcontractor on the public project shall provide such a certificate relating to coverage of the Subcontractor's employees to the general Contractor, who shall provide the Subcontractor's certificate to the governmental entity. (c) A Contractor who has a contract that requires workers' compensation insurance coverage may provide the coverage through a group plan or other method satisfactory to the governing body of the governmental entity. (d) The employment of a maintenance employee by an employer who is not engaging in building or construction as the employer's primary business does not constitute engaging in building or construction. TWD&0550 Rev 01/17 Page 15 of 46 (e) In this section: i. "Building or construction"includes: • erecting or preparing to erect a structure, including a building, bridge, roadway,public utility facility,or related appurtenance; • remodeling,extending,repairing,or demolishing a structure;or • otherwise improving real property or an appurtenance to real property through similar activities. ii. "Governmental entity" means this state or a political subdivision of this state. The term includes a municipality. 9. American Iron & Steel The following statement must be completed by the Contractor and made a part of the agreement between the Owner and the Contractor: The Contractor acknowledges to and for the benefit of the Owner("Purchaser')and the Texas Water Development Board(TWDB) that it understands the goods and services under this Agreement are being funded with monies made available by the Clean Water State Revolving Fund and/or Drinking Water State Revolving Fund that have statutory requirements commonly known as "American Iron and Steel"that requires all of the iron and steel products used in the project to be produced in the United States ("American Iron and Steel Requirement') including iron and steel products provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Owner and the TWDB that (a) the Contractor has reviewed and understands the American Iron and Steel Requirement, (b)all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and(c) the Contractor will provide anyfurther verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Owner or the TWDB. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Owner to enforce this Agreement and recover as damages against the Contractor any loss, expense, or cost(including without limitation attorney's fees) incurred by the Owner resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part,from the TWDB or any damages owed to the TWDB by the Owner). While the Contractor has no direct contractual privity with the TWDB, as a lender to the Owner for the funding of its project, the Owner and the Contractor agree that the TWDB is a third party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the TWDB. Additional information on the American Iron and Steel (AIS) and its applicability to this contract can be found in the MD13-1106 guidance. TWDB-0550 Rev 01/17 Page 16 of 46 It is recommended the Owner receive and maintain files documenting the Contractor's use of AIS. Monthly compliance with AIS will be verified by the Owner through the submittal of the TWDB form TWDB-1106-A. 10. Davis-Bacon Wage Rate Requirements (a) Compliance Procedures In order to be held in compliance and satisfy this federal requirement,the following must be fulfilled: i. Wage Determinations-U.S. Department of Labor(DOL)wage determination must be included in the bidding and contract documents. DOL wage determinations may be obtained online at http://www.wdol.gov/. Once it is determined that Davis-Bacon wage rates will apply to a construction contract,the Owner must state in the solicitation that Davis-Bacon prevailing wage rates are applicable and bid packages must include the current Davis-Bacon general wage determination for the area where construction will occur. While the solicitation remains open,the Owner must monitor www.wdol.gov on a weekly basis to ensure that the wage determination contained in the solicitation remains current. The Owner must amend the solicitation if the DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening)for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date,the Owner may request a finding from the TWDB that there is not a reasonable time to notify interested Contractors of the modification of the wage determination. ii. Insert wage rate requirements in full for all contracts and subcontracts in excess of $2,000 -If the Owner is a governmental entity such as a city or district, it must insert in full the contract clauses shown below as Option 1: Section 3, Section 4 if the contract exceeds $100,000, and Section 5. If the Owner is a non-governmental entity such as a water supply corporation or a private company,it must insert in full the contract clauses shown below as Option 2: Section 3, Section 4 if the contract exceeds $100,000, and Section 5. The Owner must ensure all prime contracts require the same full text in any subcontracts. iii. Monthly Certification—The Owner must complete and submit monthly a Davis Bacon Wage Rate Certificate of Compliance once construction has begun. (Use Monthly Davis Bacon Wage Rate Certificate of Compliance Submittal by Owner(Subrecipient) DB- 0154). IV Contractor Payroll Requirements -The Contractor is required to pay the prevailing wage rates on a weekly basis to laborers and mechanics in accordance with the requirements of 29 CFR 5.5,which are incorporated into the actual construction contract. Contractors/ Subcontractors must furnish weekly a statement with respect to the wages paid to each employee during the preceding week. They may use the Department of Labor(DOL)Payroll Form WH-347 and weekly Statement of Compliance on the reverse, or their own payroll form with all of the same data elements as the DOL Payro1_l Form WH-347, and the TWDB's form, Statement of Compliance Certification by Contractor for SRF, DB-0155. The DOL Payroll Form WH-347 can be found under the forms section of this document or at the following link: hqp://www.dol.gov/whd/prop-rams/dbra/wh347.htm. TWDB-0550 Rev 01/17 Page 17 of 46 V. Interviews-The Owner must periodically interview a sufficient number of employees entitled to the Davis-Bacon prevailing wages to verify that Contractors or Subcontractors are paying the appropriate wage rates. All interviews must be conducted in confidence. The Owner must use Standard Form 1445 (SF 1445)found in the forms section of TWDB guidance document TWDB-0156 or equivalent documentation to memorialize the interviews. The Owner must establish and follow an interview schedule based on its assessment of the risks of noncompliance with Davis-Bacon posed by Contractors or Subcontractors and the duration of the contract or subcontract. The Owner must conduct more frequent interviews if the initial interviews or other information indicated that there is a risk that the Contractor or Subcontractor is not complying with Davis-Bacon. The Owner must immediately conduct interviews in response to an alleged violation of the prevailing wage requirements. vi. Payroll Records - Certified payroll records are required to be retained by the Owner and Contractor for three years after completion of the construction project. The Owner must periodically conduct spot checks of a representative sample of weekly payroll data to verify that Contractors or Subcontractors are paying the appropriate wage rates. vii. Wage Rate Poster—The Contractor must post the required Poster(WH-1321) and applicable wage rates at the construction site. The wage rate poster may be found at under the forms section of TWIDB Guidance DB-0156 or at http://www.dol. ov/wlid/programs/dbra/whl321.htm. viii. Report Violations—The Owner must immediately report violations of the Davis-Bacon prevailing wage requirements to the EPA Davis-Bacon Coordinator listed in the assistance agreement and to the appropriate DOL WED Office listed at http://www.dol.yov/dol/coiitact/index.htm. (b) Subcontracts The Contractor will insert in full the required wage rate requirement in any subcontract in excess of$2,000 as specified in(a)(ii)of this section. (c) Davis-Bacon General Wage Determinatjo,t- A"wage determination" is the listing of wage and fringe benefit for each classification of laborers and mechanics which the Administrator of the Wage and Hour Division of the U.S. DOL has determined to be prevailing in a given area for a particular type of construction. The Davis-Bacon Wage Determinations are classified by the nature of the construction projects performed, specifically listed as "schedules": residential,building, highway, and heavy construction. A brief outline of the definitions for each schedule is listed below. • Construction Type: Heavy determination This determination includes those projects that are not properly classified as either "building," "highway," or"residential." Unlike these classifications,heavy construction is not a homogenous classification. Because of this catch-all nature,projects within the heavy classification may sometimes be distinguished on the basis of their particular project characteristics, and separate schedules may be issued for dredging projects, water and sewer line projects, dams, major bridges, and flood control projects. TWDB-0550 Rev 01/17 Page 18 of 46 • Construction Type: Highway determination This determination includes construction, alteration or repair of roads, streets,highways, runways,taxiways, alleys, trails,paths, parking areas, and other similar projects not incidental to building or heavy construction. • Construction Type: Building determination This determination includes construction of sheltered enclosures with walk-in access for the purpose of housing persons, machinery, equipment or supplies; all construction of such structures; the installation of utilities and of equipment, both above and below grade levels; as well as incidental grading, utilities and paving. Such structures need not be "habitable" to be building construction. Also,the installation of heavy machinery and/or equipment does not generally change the project's character as a building. • Construction Type: Residential This determination includes the construction, alteration or repair of single-family houses, apartment buildings of no more than four stories in height. This includes all incidental items such as site work,parking areas, utilities, streets, and sidewalks. The Owner should review their Contractor's wage decisions and confirm they provide an adequate classification of the labor required for the specific construction contract. Most CWSRF and DWSRF projects will fall under the"Heavy" construction type,but Owners should ask their consulting Engineers if unsure. Some contracts or projects may require more than one general schedule to be included depending on the nature and extent of the work (i.e. a building is constructed in a water treatment facility). This is described in more detail in DOL's All Agency Memorandum 130 with Addendum 131. See the DOL's website htip://www.dol.gov/whd/prograrns/dbra/memorand.htm. In such cases, the TWDB would designate the work to which each wage determination or part thereof applies per Federal Acquisition Regulations(FAR) 22.404-2 thru 404-3 https://www.accLisition.<-,ov/far/current/html/Subpart%2022 4.html%20%20wp1102017. Should overlaps occur in the wage classification schedules for the contract(s),the Owner may consider adopting the higher rate classification. In all cases,the Owner is responsible to insure an adequate classification is provided to insure compliance with the law. Where a Contractor alerts the Owner that the classification is inadequate, the Owner should work with the Contractor and the DOL to address any valid concerns. All questions regarding Davis-Bacon guidance can be directed to: U.S. Department of Labor Wage and Hour Divisionl-866-4USWAGE(1-866-487-9243),TTY: 1-877-889-5627,Monday-Friday 8 a.m. to 8 p.m. Eastern Time. If you require further information about Davis-Bacon and how to apply it to your project,please contact the Texas Water Development Board Proj ect Team Manager for your region or Clay Schultz,Director,Regional Water Project Development, (512)463-6277. The Owner and Contractor may obtain additional information on the Davis-Bacon Wage Rates requirements in the TWDB's Guidance DB-0156 — "Guidance on Davis Bacon Wage Rate Requirements". TWDB-0550 Rev 01/17 Page 19 of 46 Option 1 - Applies to Governmental Entities (such as Cities and Districts) 1. Applicability of the Davis-Bacon (DB)prevailing wage requirements. DB prevailing wage requirements apply to the construction, alteration, and repair of treatment works carried out in whole or in part with assistance made available by the Clean Water State Revolving Fund and to any construction project carried out in whole or in part by assistance made available by the Drinking Water State Revolving Fund. If an Owner encounters a unique situation at a site that presents uncertainties regarding DB applicability,the Owner must discuss the situation with the TWDB before authorizing work on that site. 2.Obtaining Wage Determinations. (a)Owners shall obtain the wage determination for the locality in which a covered activity subject to DB will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation)for activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that Subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains open, the Owner shall monitor www.wdol.gov weekly to ensure that the wage determination contained in the solicitation remains current. The recipients shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening) for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date,the Owners may request a finding from the TWDB that there is not a reasonable time to notify interested Contractors of the modification of the wage determination. The TWDB will provide a report of its findings to the Owner. (ii) If the Owner does not award the contract within 90 days of the closure of the solicitation, any modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be effective unless the TWDB, at the request of the Owner, obtains an extension of the 90 day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The Owner shall monitor www.wdol.gov on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. (b) If the Owner carries out activity subject to DB by issuing a task order, work assignment or similar instrument to an existing Contractor(ordering instrument)rather than by publishing a solicitation,the Owner shall insert the appropriate DOL wage determination from www.wdol. oovv into the ordering instrument. (c) Owners shall review all subcontracts subject to DB entered into by prime Contractors to verify that the prime Contractor has required its Subcontractors to include the applicable wage determinations. (d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to an Owner's contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the Owner has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs,the Owner shall either terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL's wage determination retroactive to the beginning of the contract or ordering instrument by change order. The Owner's Contractor must be compensated for any increases in wages resulting from the use of DOL's revised wage determination. 3. Contract and Subcontract provisions. (a) The Owner(s) shall insert in full in any contract in excess of$2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a treatment work under the TWDB-0550 Rev 01/17 Page 20 of 46 CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan,grant or annual contribution(except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in 29 CFR 5.1,the Water Resources Reform and Development Act of 2014 for a CWSRF funded project or the Consolidated Appropriations Act,2016(or subsequent federal law)for a DWSRF-funded project,the following clauses: (1)Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR part 3)),the full amount of wages and bona fide fringe benefits(or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section I(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill,except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its Subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Owners may obtain wage determinations from the U.S.Department of Labor's web site,w«N\.doL.goN (ii)(A) The Owner(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The TWDB shall approve a request for an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination;and (2)The classification is utilized in the area by the construction industry;and (3)The proposed wage rate,including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Owner(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), documentation of the action taken and the request, including the local wage determination shall be sent by the Owner(s)to the TWDB. TW D B-0550 Rev 01/17 Page 21 of 46 The TWDB will transmit the request,to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210 and to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification request within 30 days of receipt and so advise the TWDB or will notify the TWDB within the 30-day period that additional time is necessary. (C) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives,and the Owner(s)do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits,where appropriate),the TWDB shall refer the request and the local wage determination, including the views of all interested parties and the recommendation of the TWDB, to the Administrator for determination. The request shall be sent to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B)or(C)of this section,shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,provided,that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The Owner(s) shall, upon written request of the EPA Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime Contractor,or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime Contractor,so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any Subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic,including any apprentice,trainee,or helper,employed or working on the site of the work,all or part of the wages required by the contract, the EPA may, after written notice to the Contractor, sponsor, applicant,or Owner,take such action as may be necessary to cause the suspension of any further payment, advance,or guarantee of funds until such violations have ceased. (3)Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section l(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. TWDB-0550 Rev 01/17 Page 22 of 46 Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section l(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The Contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the Owner, that is, the entity that receives the funds from the TWDB. Such documentation shall be available on request of the TWDB or EPA. As to each payroll copy received,the Owner shall provide written confirmation in a form satisfactory to the TWDB indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i),except that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at httn://« w.do1.i�ov/whd/forms/Nxh347instr.htm or its successor site. The prime Contractor is responsible for the submission of copies of payrolls by all Subcontractors. Contractors and Subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Owner(s) for transmission to the TWDB or EPA if requested by EPA, the TWDB, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime Contractor to require a Subcontractor to provide addresses and social security numbers to the prime Contractor for its own records,without weekly submission to the Owner(s). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or Subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned,other than permissible deductions as set forth in Regulations,29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance"required by paragraph(a)(3)(ii)(B)of this section. TWDB-0550 Rev 01/17 Page 23 of 46 (D) The falsification of any of the above certifications may subject the Contractor or Subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The Contractor or Subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the TWDB, EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or Subcontractor fails to submit the required records or to make them available,the EPA or TWDB may, after written notice to the Contractor, sponsor, applicant, or Owner,take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4)Apprentices and trainees (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office,or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program,but who has been certified by the Office of Apprenticeship Training,Employer and Labor Services or a State Apprenticeship Agency(where appropriate)to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered,the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or Subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training,Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. TW D B-0550 Rev 01/17 Page 24 of 46 If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll as a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,as amended and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR part 3,which are incorporated by reference in this contract. (6) Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1)through(10)and such other clauses as the EPA determines may by appropriate, and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any Subcontractor or lower tier Subcontractor with all the contract clauses in 29 CFR 5.5. (7)Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract,and for debarment as a Contractor and a Subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3,and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its Subcontractors) and Owner(s), TWDB, EPA, the U.S. Department of Labor, or the employees or their representatives. (10)Certification of eligibility. (i) By entering into this contract,the Contractor certifies that neither it(nor he or she)nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii)The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. TWDB-0550 Rev 01/17 Page 25 of 46 4. Contract Provision for Contracts in Excess of$100,000. (a) Contract Work Hours and Safety Standards Act. The Owner shall insert the following clauses set forth in paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of$100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph,the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements.No Contractor or Subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a)(1) of this section the Contractor and any Subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and Subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic,including watchmen and guards,employed in violation of the clause set forth in paragraph (a)(1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(a)(1)of this section. (3)Withholding for unpaid wages and liquidated damages. The Owner,upon written request of the EPA Award Official or an authorized representative of the Department of Labor, shall withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or Subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or Subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(a)(2)of this section. (4) Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clauses set forth in paragraph(a)(1)through(4)of this section and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any Subcontractor or lower tier Subcontractor with the clauses set forth in paragraphs (a)(1) through (4) of this section. (b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1,the Owner shall insert a clause requiring that the Contractor or Subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Owner shall insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the Contractor or Subcontractor for inspection,copying, or transcription by authorized representatives of the EPA, TWDB, and the Department of Labor, and the Contractor or Subcontractor will permit such representatives to interview employees during working hours on the job. TW D B-0550 Rev 01/17 Page 26 of 46 5. Compliance Verification (a) The Owner shall periodically interview a sufficient number of employees entitled to DB prevailing wages (covered employees) to verify that Contractors or Subcontractors are paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(6),all interviews must be conducted in confidence. The Owner must use Standard Form 1445 (SF 1445) found in the forms section of TWDB guidance document TWDB-0156 or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are also available from EPA on request. (b) The Owner shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with DB posed by Contractors or Subcontractors and the duration of the contract or subcontract. Owners must conduct more frequent interviews if the initial interviews or other information indicated that there is a risk that the Contractor or Subcontractor is not complying with DB. Owners shall immediately conduct interviews in response to an alleged violation of the prevailing wage requirements.All interviews shall be conducted in confidence." (c) The Owner shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that Contractors or Subcontractors are paying the appropriate wage rates. The Owner shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by Contractors or Subcontractors and the duration of the contract or subcontract. At a minimum, if practicable, the Owner should spot check payroll data within two weeks of each Contractor or Subcontractor's submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract. Owners must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the Contractor or Subcontractor is not complying with DB. In addition, during the examinations the Owner shall verify evidence of fringe benefit plans and payments there under by Contractors and Subcontractors who claim credit for fringe benefit contributions. (d) The Owner shall periodically review Contractors and Subcontractor's use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that Contractors and Subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item 5(b)and(c)above. (c) Owners must immediately report potential violations of the DB prevailing wage requirements to the EPA Region 6 DB Coordinator, TWDB. and to the appropriate DOL Wage and Hour District Office listed at httu://www.dol.eovhvhd/amcrica2.htm_ TW D B-0550 Rev 01/17 Page 27 of 46 Option 2 -Applies to Non-Governmental Entities (such as Water SSz�r rt`•, Corporations and Private Companies) 1. Applicability of the Davis-Bacon (DB)prevailing wage requirements. DB prevailing wage requirements apply to the construction, alteration, and repair of treatment works carried out in whole or in part with assistance made available by the CWSRF and to any construction project carried out in whole or in part by assistance made available by the DWSRF. If an Owner encounters a unique situation at a site that presents uncertainties regarding DB applicability,the Owner must discuss the situation with the TWDB before authorizing work on that site. 2. Obtaining Wage Determinations. (a) Owners must obtain proposed wage determinations for specific localities at w"-A,.wdol.gov. After the Owner obtains its proposed wage determination, it must submit the wage determination to the TWDB for approval prior to inserting the wage determination into a solicitation, contract or issuing task orders, work assignments or similar instruments to existing Contractors (ordering instruments unless subsequently directed otherwise by the TWDB.) (b) Owners shall obtain the wage determination for the locality in which a covered activity subject to DB will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation)for activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that Subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains open, the Owner shall monitor wwtiv.wdol.aov on a weekly basis to ensure that the wage determination contained in the solicitation remains current. The recipients shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening) for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the Owners may request a fmding from the TWDB that there is not a reasonable time to notify interested Contractors of the modification of the wage determination. The TWDB will provide a report of its findings to the Owner. (ii) If the Owner does not award the contract within 90 days of the closure of the solicitation, any modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be effective unless the TWDB, at the request of the Owner, obtains an extension of the 90 day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The Owner shall monitor www.wdol.gov on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. (c) If the Owner carries out activity subject to DB by issuing a task order, work assignment or similar instrument to an existing Contractor(ordering instrument)rather than by publishing a solicitation,the Owner shall insert the appropriate DOL wage determination from www.wdolov into the ordering instrument. (d) Owners shall review all subcontracts subject to DB entered into by prime Contractors to verify that the prime Contractor has required its Subcontractors to include the applicable wage determinations. (e) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to an Owner's contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the Owner has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. TWDB-0550 Rev 01/17 Page 28 of 46 If this occurs, the Owner shall either terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL's wage determination retroactive to the beginning of the contract or ordering instrument by change order. The Owner's Contractor must be compensated for any increases in wages resulting from the use of DOL's revised wage determination. 3. Contract and Subcontract provisions. (a) The Owner(s) shall insert in full in any contract in excess of$2,000 which is entered into for the actual constriction, alteration and/or repair, including painting and decorating, of a treatment work under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan,grant or annual contribution(except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in 29 CFR 5.1, the Water Resources Reform and Development Act of 2014 for a CWSRF-funded project or the Consolidated Appropriations Act,2016(or subsequent federal law)for a DWSRF-funded project,the following clauses: (1)Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week,and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR part 3)),the full amount of wages and bona fide fringe benefits(or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided,that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its Subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Owners may obtain wage determinations from the U.S. Department of Labor's web site,wv,N\Jol.goN. (ii)(A) The Owner(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The TWDB shall approve a request for an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1)The work to be performed by the classification requested is not performed by a classification in the wage determination;and TWDB-0550 Rev 01/17 Page 29 of 46 (2)The classification is utilized in the area by the construction industry;and (3)The proposed wage rate,including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in the wage determination. (B)If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Owner(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), documentation of the action taken and the request, including the local wage determination shall be sent by the Owner(s) to the TWDB. The TWDB will transmit the request, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210 and to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification request within 30 days of receipt and so advise the TWDB or will notify the TWDB within the 30-day period that additional time is necessary. (C) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives,and the Owner(s)do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits,where appropriate),the TWDB shall refer the request and the local wage determination, including the views of all interested parties and the recommendation of the TWDB, to the Administrator for determination. The request shall be sent to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B)or(C)of this section,shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,Provided,That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The Owner(s) shall, upon written request of the EPA Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime Contractor,or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime Contractor,so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any Subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic,including any apprentice,trainee,or helper,employed or working on the site of the work,all or part of the wages required by the contract, the EPA may, after written notice to the Contractor, sponsor, applicant,or Owner,take such action as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds until such violations have ceased. (3)Payrolls and basic records. TWDB-0550 Rev 01/17 Page 30 of 46 (i)Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section I(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section l(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The Contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the Owner, that is, the entity that receives the funds from the TWDB. Such documentation shall be available on request of the TWDB or EPA. As to each payroll copy received,the Owner shall provide written confirmation in a form satisfactory to the TWDB indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1)based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http:HNv% N\.doL�_,m-/NNlid/forms/�ch347instr.htm or its successor site. The prime Contractor is responsible for the submission of copies of payrolls by all Subcontractors. Contractors and Subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Owner(s) for transmission to the TWDB or EPA if requested by EPA, the TWDB, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime Contractor to require a Subcontractor to provide addresses and social security numbers to the prime Contractor for its own records,without weekly submission to the Owner(s). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or Subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned,other than permissible deductions as set forth in Regulations,29 CFR part 3; TWDB-0550 Rev 01/17 Page 31 of 46 (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance"required by paragraph(a)(3)(ii)(B)of this section. (D) The falsification of any of the above certifications may subject the Contractor or Subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The Contractor or Subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the TWDB, EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or Subcontractor fails to submit the required records or to make them available, the EPA or TWDB may, after written notice to the Contractor, sponsor, applicant, or Owner,take such action as may be necessary to cause the suspension of any further payment,advance, or guarantee of funds. Furthermore,failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4)Apprentices and trainees (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office,or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program,but who has been certified by the Office of Apprenticeship Training,Employer and Labor Services or a State Apprenticeship Agency (where appropriate)to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered,the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or Subcontractors registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training,Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. TWDB-0550 Rev 01/17 Page 32 of 46 (ii) Trainees. Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval,evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,as amended and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR part 3,which are incorporated by reference in this contract. (6) Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1)through(10)and such other clauses as the EPA determines may by appropriate, and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any Subcontractor or lower tier Subcontractor with all the contract clauses in 29 CFR 5.5. (7)Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract,and for debarment as a Contractor and a Subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its Subcontractors) and Owner(s), TWDB, EPA, the U.S. Department of Labor, or the employees or their representatives. (10)Certification of eligibility. TWDB-0550 Rev 01/17 Page 33 of 46 (i) By entering into this contract,the Contractor certifies that neither it(nor he or she)nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii)The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 4. Contract Provision for Contracts in Excess of$100,000. (a) Contract Work Hours and Safety Standards Act. The Owner shall insert the following clauses set forth in paragraphs (a)(1), (2), (3), and (4)of this section in full in any contract in an amount in excess of$100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph,the terms laborers and mechanics include watchmen and guards. (1)Overtime requirements. No Contractor or Subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a)(1) of this section the Contractor and any Subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and Subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic,including watchmen and guards,employed in violation of the clause set forth in paragraph (a)(1)of this section,in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(a)(1)of this section. (3)Withholding for unpaid wages and liquidated damages. The Owner shall upon the request of the EPA Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or Subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or Subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(a)(2)of this section. (4) Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clauses set forth in paragraph(a)(1)through(4)of this section and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any Subcontractor or lower tier Subcontractor with the clauses set forth in paragraphs (a)(1) through (4) of this section. (b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Owner shall insert a clause requiring that the Contractor or Subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years TW D B-0550 Rev 01/17 Page 34 of 46 from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Owner shall insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the Contractor or Subcontractor for inspection,copying, or transcription by authorized representatives of the EPA, TWDB, and the Department of Labor, and the Contractor or Subcontractor will permit such representatives to interview employees during working hours on the job. 5. Compliance Verification (a) The Owner shall periodically interview a sufficient number of employees entitled to DB prevailing wages (covered employees) to verify that Contractors or Subcontractors are paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(6), all interviews must be conducted in confidence. The Owner must use Standard Form 1445 (SF 1445) found in the forms section of TWDB guidance document TWDB-0156 or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are also available from EPA on request. (b) The Owner shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with DB posed by Contractors or Subcontractors and the duration of the contract or subcontract. Owners must conduct more frequent interviews if the initial interviews or other information indicated that there is a risk that the Contractor or Subcontractor is not complying with DB. Owners shall immediately conduct interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence." (c) The Owner shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that Contractors or Subcontractors are paying the appropriate wage rates. The Owner shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by Contractors or Subcontractors and the duration of the contract or subcontract. At a minimum, if practicable the Owner should spot check payroll data within two weeks of each Contractor or Subcontractor's submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract. Owners must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the Contractor or Subcontractor is not complying with DB . In addition, during the examinations the Owner shall verify evidence of fringe benefit plans and payments there under by Contractors and Subcontractors who claim credit for fringe benefit contributions. (d) The Owner shall periodically review Contractors and Subcontractor's use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the US Department of Labor or a state, as appropriate, and that Contractors and Subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item 5(b)and(c) above. (e) Owners must immediately report potential violations of the DB prevailing wage requirements to the EPA Region 6 DB Coordinator, TWDB, and to the appropriate DOL Wage and Hour District Office listed at http://www,do].E�ov/whd/amen'ca2.litm, TW D B-0550 Rev 01/17 Page 35 of 46 11. Payments (a) Progress Payments: i. The Contractor shall prepare their requisition for progress payment as of the last day of the payment month and submit it, with the required number of copies,to the Engineer for review. Except as provided in paragraph(iii)of this subsection,the amount of the payment due to the Contractor shall be determined by adding to the total value of work completed to date, the value of materials properly stored on the site and deducting(1)five percent(5%)minimum of the total amount, as a retainage and(2)the amount of all previous payments. The total value of work completed to date shall be based on the actual or estimated quantities of work completed and on the unit prices contained in the agreement(or cost breakdown approved pursuant to section 7.b relating to lump sum bids)and adjusted by approved change orders. The value of materials properly stored on the site shall be based upon the estimated quantities of such materials and the invoices prices. Copies of all invoices shall be available for inspection by the Engineer. ii. The Contractor shall be responsible for the care and protection of all materials and work upon which payments have been made until final acceptance of such work and materials by the Owner. Such payments shall not constitute a waiver of the right of the Owner to require the fulfillment of all terms of the contract and the delivery of all improvements embraced in the contract complete and satisfactory to the Owner in all details. iii. This clause applies to contracts when the Owner is a District or Authority The retainage shall be ten (10%)percent minimum of the amount otherwise due until at least fifty (50%)of the work has been completed. After the project is fifty(501/o) percent completed, and if the District or Authority's Board finds that satisfactory progress is being made, then the District may authorize any of the remaining progress payments to be made in full. The District is not obligated to pay interest earned on the first 50%of work completed(Texas Water Code Sec. 49.276(d)). iv. The five(5%)percent retainage of the progress payments due to the Contractor may not be reduced until the building of the project is substantially complete and a reduction in the retainage has been authorized by the TWDB. (b) Withholding Payments. The Owner may withhold from any payment otherwise due to the Contractor so much as may be necessary to protect the Owner and if so elects may also withhold any amounts due from the Contractor to any Subcontractors or material dealers for work performed or material furnished by them. The foregoing provisions shall be construed solely for the benefit of the Owner and will not require the Owner to determine or adjust any claims or disputes between the Contractor and his Subcontractors or material dealers, or to withhold any monies for their protection unless the Owner elects to do so. TW D B-0550 Rev 01/17 Page 36 of 46 The failure or refusal of the Owner to withhold any monies from the Contractor shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under this contract. (c) Payments Subject to Submission of Certificates. Each payment to the Contractor by the Owner shall be made subject to submission by the Contractor of all written certifications required of him and his Subcontractors by general and special conditions pertaining to this contract. (d) Final Payment. i. Upon satisfactory completion of the work performed under this contract, as a condition before final payment under this contract or as a termination settlement under this contract the Contractor shall execute and deliver to the Owner a release of all claims against the Owner arising under, or by virtue of,this contract, except claims which are specifically exempted by the Contractor to be set forth therein. Unless otherwise provided in this contract, by State law or otherwise expressly agreed to by the parties to this contract, final payment under this contract or settlement upon termination of this contract shall not constitute a waiver of the Owner's claims against the Contractor or his sureties under this contract or applicable performance and payment bonds. ii. After final inspection and acceptance by the Owner of all work under the contract,the Contractor shall prepare their requisition for final payment which shall be based upon the carefully measured or computed quantity of each item of work at the applicable unit prices stipulated in the Agreement or cost breakdown(if lump sum), as adjusted by approved change orders. The total amount of the final payment due the Contractor under this contract shall be the amount computed as described above less all previous payments. iii. The retainage and its interest earnings, if any, shall not be paid to the Contractor until the TWDB has authorized a reduction in, or release of, retainage on the contract work. iv. Withholding of any amount due to the Owner, under general and/or special conditions regarding"Liquidated Damages," shall be deducted from the final payment due the Contractor. �,11H;d employment opportunity and affirmative action This provision applies to Clean Water State Revolving Fund Program and Drinking Water State Revolving Fund projects where the contract agreement is for more than $10,000. During the performance of this contract, the Contractor agrees as follows: TWDB-0550 Rev 01/17 Page 37 of 46 (1)The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex(including pregnancy), sexual orientation, gender identity,national origin, age(40 or older), disability, or genetic information. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include,but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advancements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information,unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding,hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which the Contractor has a collective bargaining agreement or other contract or understanding, a notice,to be provided by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules,regulations, and relevant orders of the Secretary of Labor. (6)The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. TW D B-0550 Rev 01/17 Page 38 of 46 (7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations,or orders,this contract may be cancelled,terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the provisions of paragraphs(1)through (8) in every subcontract or purchase order unless exempted by rules, regulations,or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided,however,that in the event the Contractor becomes involved in,or is threatened with, litigation with a Subcontractor or vendor as a result of such direction,the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of$10,000 the provisions of these specifications and the notice which contains the applicable goals set for minority and female participation and which is set forth in the solicitations from which this contract resulted. 13. Debarment and Suspew, This provision applies only to Clean Water State Revolving Fund Equivalency Program projects and Drinking Water State Revolving Fund projects. This contract is subject to the Title 40 Code of Federal Regulations Part 32 concerning Debarment and Suspension. The Contractor will comply with the assurances provided with the bid that led to this contract. Instructions for Certification (a) By signing and submitting this proposal,the prospective lower tier participant is providing the certification set out below. (b) The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. (c) The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. (d) The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,participant, person, primary covered transaction, principal, proposal, and TW D B-0550 Rev 01/17 Page 39 of 46 voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. (e) The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. (f) The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (g) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non- procurement Programs. (h) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (i) Except for transactions authorized under paragraph (e) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions. (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2)Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. TWDB-0550 Rev 01/17 Page 40 of 46 14.Disadvantaged Business Enterprises The Texas Water Development Board's (TWDB) Clean Water and Drinking Water State Revolving Fund programs receive federal funds from the U. S. Environmental Protection Agency(EPA). As a condition of federal grant awards, EPA regulations require that loan recipients make a"good faith effort" to award a fair share of work to DBE's who are Minority Business Enterprises (MBE's), and Women- owned Business Enterprises (WBE's)whenever procuring construction, supplies, services and equipment. The current fair share goals for the State of Texas are as follows: Category MBE WBE Construction 12.94% 8.72% Supplies 9.68% 9.34% Equipment 7.12% 5.39% Services 10.84% 5.72% After loan commitment, but prior to closing, Owners (Applicants) must provide forms TWDB-0216 and TWDB-0373. The project's Prime Engineer, Financial Advisor, and Bond Counsel must complete a TWDB-0217 form and indicate if any subcontracting opportunities will be available or if the Contractor will be self-performing the contract. Regardless of the procurement's outcome, all entities must submit a TWDB-0373 and list the Contractors selected by the Owner for the project. Failure to include a Contractor and contract amount will result in denial of payment until the proper documentation has been reviewed and approved. For each construction contract, Owners are required to submit a TWDB-0216 and TWDB- 0373 for the procurement of the project's Prime Contractor. If the Prime Contractor is utilizing Subcontractors for the project,then additional TWDB-0216 and TWDB-0373 forms will be required for submittal prior to request for payment. The following forms are required for each contract: Form Prime Contractor Submit Form To TWDB-0216 Required TWDB TWDB-0217 Required TWDB TWDB-0373 Required TWDB (a) The Contractor shall, if awarding sub-agreements,to the extent appropriate for the goals listed in the instructions to bidders make a good faith effort to award a fair share of work to DBE's who are Minority Business Enterprises (MBE's) and Women-owned Business Enterprises(WBE's) as sources of supplies, construction, equipment and services by taking the following steps: TWDB-0550 Rev 01/17 Page 41 of 46 i. Ensure DBEs are made aware of contracting opportunities by including qualified small, minority, and women's businesses on solicitation lists; ii. Assuring that small, minority, and women's businesses are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation of small, minority, and women's businesses; iv. Establishing delivery schedules, where the requirements of the work permit, which will encourage participation by small, minority, and women's businesses; and V. Using the services and assistance of the Small Business Administration,Minority Business Development Agency of the U.S. Department of Commerce, and Texas Marketplace, as appropriate. 15. Archeological Discoveries and Cultural Resources No activity which may affect properties listed or properties eligible for listing in the National Register of Historic Places or eligible for designation as a State Archeological Landmark is authorized until the Owner has complied with the provisions of the National Historic Preservation Act and the Antiquities Code of Texas. The Owner has previously coordinated with the appropriate agencies and impacts to known cultural or archeological deposits have been avoided or mitigated. However,the Contractor may encounter unanticipated cultural or archeological deposits during construction. If archeological sites or historic structures which may qualify for designation as a State Archeological Landmark according to the criteria in 13 TAC Chapter 26, or that may be eligible for listing on the National Register of Historic Places in accordance with 36 CFR Part 800, are discovered after construction operations are begun, the Contractor shall immediately cease operations in that particular area and notify the Owner, the TWDB, and the Texas Historical Commission, 1511 N. Colorado St., P.O. Box 12276, Capitol Station, Austin, Texas 78711-2276. The Contractor shall take reasonable steps to protect and preserve the discoveries until they have been inspected by the Owner's representative and the TWDB. The Owner will promptly coordinate with the State Historic Preservation Officer and any other appropriate agencies to obtain any necessary approvals or permits to enable the work to continue. The Contractor shall not resume work in the area of the discovery until authorized to do so by the Owner. 16. Endangered Species No activity is authorized that is likely to jeopardize the continued existence of a threatened or endangered species as listed or proposed for listing under the Federal Endangered Species Act(ESA), and/or the State of Texas Parks and Wildlife Code on Endangered Species, or to destroy or adversely modify the habitat of such species. If a threatened or endangered species is encountered during construction,the Contractor shall immediately cease work in the area of the encounter and notify the Owner, who will immediately implement actions in accordance with the ESA and applicable State statutes. These actions shall include reporting the encounter to the TWDB, the U. S. Fish and TWDB-0550 Rev 01/17 Page 42 of 46 Wildlife Service, and the Texas Parks and Wildlife Department, obtaining any necessary approvals or permits to enable the work to continue, or implement other mitigation actions. The Contractor shall not resume construction in the area of the encounter until authorized to do so by the Owner. 17. Hazardous Materials Materials utilized in the project shall be free of any hazardous materials, except as may be specifically provided for in the specifications. V the Contractor encounters existing material on sites owned or controlled by the Owner or in material sources that are suspected by visual observation or smell to contain hazardous materials,the Contractor shall immediately notify the Engineer and the Owner. The Owner will be responsible for the testing and removal or disposal of hazardous materials on sites owned or controlled by the Owner. The Owner may suspend the work, wholly or in part during the testing, removal or disposal of hazardous materials on sites owned or controlled by the Owner. 18. Project Signage The Owner must implement one of the signage options below as described in TWDB Guidance TWDB-1109: • Online signage placed on community website or social media outlet; • Press release; • Posters or wall signage in a public building or location; • Newspaper or periodical advertisement for project construction, groundbreaking ceremony, or operation of the new or improved facility; or • Standard on-site signage erected in a prominent location at the construction project site or along a major thoroughfare within the community as directed by the Owner. If a recipient decides on a public or media event to publicize the accomplishment of significant events related to construction of the project, the U.S Environmental Protection Administration,Region 6,must be provided with at least a ten working day notice of the event and provided the opportunity to attend and participate. Please contact Associate Director Claudia Hosch, who can be reached at(214) 665-6464 or Hosch.Claudig@epa.gov. 19. Changes *Provisions identified with an asterisk below are consistent with Local Government Code 271.060. Counties and Municipalities may modify the identified provisions, when applicable,to conform to Local Government Code 262.031 (Counties)or 252.048 (Municipalities). (a) The Owner may at any time, without notice to any surety, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract, including but not limited to changes: TW D B-0550 Rev 01/17 Page 43 of 46 i. In the specifications(including drawings and designs); ii. In the time, method or manner of performance of the work; iii. To decrease or increase the quantity of work to be performed or materials, equipment or supplies to be furnished; (b) The total price of a contract may not be increased by a change order unless provision has been made for the payment of the added cost by the appropriation of current funds or bond funds for that purpose, by the authorization of the issuance of certificates, or by a combination of those procedures. (c) "'A contract with an original contract price of$1 million or more may not be increased by more than 25 percent. If a change order for a contract with an original contract price of less than $1 million increases the contract amount to $1 million or more, subsequent change orders may not increase the revised contract amount by more than 25 percent. (d) 'A governing body may grant authority to an official or employee responsible for purchasing or for administering a contract to approve a change order that involves an increase or decrease of$50,000 or less. (e) Changes that involve an increase in price will be supported by documentation of the cost components. For projects funded through the EDAP program, or with grant proceeds, TWDB staff may request this information to be provided in a format equivalent to the Cost and Pricing Information form(No. WRD-277). (f) Any change orders involving a change in the project requiring a relocation of project components, sizing, or process may require additional environmental approval. A map and description of the proposed changes should be sent to the TWDB Environmental Reviewer for coordination and approval as soon as possible to avoid any delay. 20.Operation and Maintenance Manuals and Training (a) The Contractor shall obtain installation, operation, and maintenance manuals from manufacturers and suppliers for equipment fumished under the contract. The Contractor shall submit three copies of each complete manual to the Engineer within 90 days after approval of shop drawings,product data, and samples, and not later than the date of shipment of each item of equipment to the project site or storage location. (b) The Owner shall require the Engineer to promptly review each manual submitted, noting necessary corrections and revisions. If the Engineer rejects the manual, the Contractor shall correct and resubmit the manual until it is acceptable to the Engineer as being in conformance with the design concept of the project and for compliance with information given in the Contract Documents. Owner may assess the Contractor a charge for reviews of the same items in excess of three (3) times. Such procedure shall not be considered cause for delay. (c) Acceptance of manuals by Engineer does not relieve the Contractor of any requirements of terms of Contract. (d) The Contractor shall provide the services of trained, qualified technicians to check final equipment installation,to assist as required in placing same in operation, and to instruct operating personnel in the proper manner of performing routine operation and maintenance of the equipment. TWD B-0550 Rev 01/17 Page 44 of 46 (e) Operations and maintenance manuals specified hereinafter are in addition to any operation, maintenance, or installation instructions required by the Contractor to install, test, and start-up the equipment. Each manual i s to be bound in a folder and labeled to identify the contents and project to which it applies. The manual shall contain the following applicable items: i. A listing of the manufacturer's identification, including order number, model, serial number,and location of parts and service centers. ii. A list of recommended stock of parts,including part number and quantity. iii. Complete replacement parts list. iv. Performance data and rating tables. V. Specific instructions for installation,operation,adjustment,and maintenance. vi. Exploded view drawings for major equipment items. vii. Lubrication requirements. viii. Complete equipment wiring diagrams and control schematics with terminal identification. 21.As-Built Dimensions and Drawings (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location(horizontal and vertical)of all facilities. (b) Upon completion of each facility,the Contractor shall furnish the Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum,the final drawings shall include the following: i. Horizontal and vertical locations of work. ii. Changes in equipment and dimensions due to substitutions. iii. "Nameplate"data on all installed equipment. iv. Deletions,additions,and changes to scope of work. V. Any other changes made. 22. Close-Out Procedures To close-out the contract and release final retainage, the following steps must be completed: (a) TWDB Staff must conduct a construction contract final inspection (CCFI); (b) The following submittals must be received, reviewed, and accepted by the TWDB: i. The final change order, adjustment of quantities, or a statement that all change orders have previously been submitted and there will be no more change orders; ii. The final pay request from the Contractor; iii. An affidavit by the Contractor that all bills have been paid; iv. Certification by the consulting Engineer that the work has been completed and was constructed in accordance with the approved plans and specifications and sound engineering principals and construction practices; V. Acceptance of the project by the Owner in the form of a written resolution or other formal action; vi. Notification of the beginning date of the warranty period for the contract; and vii. Confirmation that the Owner has received the as-built drawings from the Contractor. TWDB-0550 Rev 01/17 Page 45 of 46 (c) TWDB will issue a Certificate of Approval allowing the release of retainage. 23. Additional Forms and Information The following forms and guidance documents, mentioned throughout this Guidance, are available on the TWDB site at: httn://www.twdb.texas.pov/financial/instructions/index.asp Forms: Contractor's Act of Assurance(ED-103) Contractor's Resolution on Authorized Representative(ED-104) Debarment/Suspension Certification(SRF-404) Bidder's Certifications-EEO(WRD—255) DBE Affirmative Steps solicitation Report(TWDB 0216) DBE Prime Contractor Affirmative Steps Certification& Goals (TWDB 0217) DBE Loan/Grant Participation Summary(TWDB 0373) Monthly American Iron and Steel Certificate(TWDB-1106-A) American Iron and Steel (AIS)De Minimis Log(TWDB-1106-B) Monthly Davis Bacon Wage Rate Certificate of Compliance Submittal by Owner(Sub- Recipient)(DB-0154) Guidance Documents: TWDB-0210 Disadvantaged Business Enterprise Guidance Requirements for American Iron and Steel (AIS)Guidance(TWDB-1106) Guidance on Davis-Bacon Wage Rate Requirements for State Revolving Fund Projects (DB- 0156) TWDB-0550 Rev 01/17 Page 46 of 46 WRD-255 01/17 BIDDER'S CERTIFICATIONS Project Name: Village Creek Sanitary Sewer Rehabilitation Part A Project Number: 100275 Contract For: City of Fort Worth The following certifications must be completed by the bidder for each contract. A. EQUAL EMPLOYMENT OPPORTUNITY: Rhave developed and have on file at each establishment affirmative action programs uant to 41 CFR Part 60-1.7, I have: (x) participated in previous contract(s) or subcontract(s) subject to the equal opportunity clause under Executive Orders 11246 and 11375. I have filed all notices, contract specifications, and compliance reports due under the requirements contained in 41 CFR Part 60-4. ( } not participated in previous contracts(s) subject to the equal opportunity clause under Executive Orders 11246 and 11375 and 41 CFR Chapter 60. B. NONSEGREGATED FACILITIES xl I certify that I do not and will not maintain any facilities provided for my employees in a segregated manner, or permit my employees to perform their services at any location under my control where segregated facilities are maintained; and that 1 will obtain a similar certification prior to the award of any federally assisted subcontract exceeding$10,000 which is not exempt from the equal opportunity clause as required by 41 CFR Part 60-1.8. I will obtain a similar certification from any proposed subcontractor(s),when appropriate. I understand that a false statement on this certification may be grounds for rejection of this bid proposal or termination of the contract award. Christian Abels,General Manager Typed Nam a d Title of Bidder's hoiizc epresentative July 12,2017 Signatu of Bidder's Au rized R/ esentative Date PM Construction&Rehab,LLC Name and Address of Bidder SRF-404 4/162015 Debarment / Suspension Certification 1, Christian Abels ,hereby certify that I have checked on the federal (Authorized Representative of Recipient) System for Award Management(www.sam. ogovv)website and determined that PM Construction&Rehab,t_t_C is not shown as an"excluded party"that is debarred, (Name of entity) suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549. (See 2 CFR Part 180 and 2 CFR Part 1532 for additional information on the federal governmentwide debarment and suspension system for nonprocurement programs and activities.) I understand that a false statement herein may subject me to penalties under federal and state laws rel n to filing false state ents nd other relevant statutes. July 12,2017 S n e Date i General Manager Title Christian Abels Name of Recipient Verifying prime contractors and subcontractors for construction,equipment,supplies and services: Using the www.sam.gov website,the recipient must verify prior to awarding the contract that the prime contractor is not listed as an"excluded party"that is debarred,suspended or otherwise excluded from or ineligible. Once any subcontractors are known,they also must be verified as not listed as an"excluded party"prior to award of a subcontract. The recipient must print a dated record of the verification from the www.sarn.P-ov website and retain a copy that is available for review by TWDB. The prime contractors and subcontractors must be verifiedrt►for to the contract award or the costs may be disallowed. MINORITY OWNED BUISNESS ENTERPRISE COMPLIANCE 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 0 %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 caper 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 bid opening date. 5. Joint Venture Form, if goal is met or received no later than 2:00 p.m., on the second City business 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. Rev.2/10/15 ATTACHMENT 1C Page 1 of 4 FORT WORTH —��r----- city of Fort worth Minority Business Enterprise MBE Good Faith Effort Form OFFEROR COMPANY NAME: Check applicable block to describe Offeror PROJECT NAME: MtW/DBE NON-M/W/DBE BID DATE City's MBE Project Goal: Offeror's MBE Project Commitment: PROJECT NUMBER 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 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 Effort requirement. NOTE: The Offeror must contact the entire MBE list specific to each subcontracting and supplier opportunity to be in compliance with questions 3 through 6. 7.) Did you provide plans and specifications to potential MBEs? Yes No 8.) Did you provide the information regarding the location of plans and specifications in order to assist the MBEs? Yes No Rev.2/10/15 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 MNVBE 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 necessaty, 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 terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance shall create a material breach of contract and may result in a determination of an irresponsible Offeror and debarment from participating in City work for a period of time not less than one (1) year. Rev.2/10/15 ATTACHMENT 1C Page 4 of 4 The undersigned certifies that the information provided and the MBE(s) listed was/were contacted in good faith. It is understood that any 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/State/Zip Date Rev.2/10/15 Joint Venture Page 1 of 3 FORTWORTH CITY OF FORT WORTH MBE Joint Venture Eligibility Form All questions must be answered;use"N/A"if not applicable. Name of City project: A joint venture form must be completed on each project RFP/Bid/Purchasing Number: 1.Joint venture information: Joint Venture Name: Joint Venture Address: (If applicable) Telephone: Facsimile: E-mail address: 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: name: Business Address: Business Address: City,State,Zip: City,State,Zip: Telephone Facsimile E-mail Telephone Facsimile Cellular Cellular Certification Status: E-mail address Name of Certifying Agency: 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: 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. 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: 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 Joint Venture Pa e3of3 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 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 920 ,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 Sigoat m Commission Expires (seoq Rev.2/10/15 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: MNV/DBE NON-MNV/DBE BID DATE City's MBE Project Goal: Offeror's MBE Project Commitment: PROJECT NUMBER % % Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Purchasing Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the MBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being 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 level of subcontracting below the prime contractor/consultant i.e. a direct payment from the prime contractor to a subcontractor is considered 1 st tier, a payment by a subcontractor to its supplier is Considered 2nd tier. The prime contractor is responsible to provide proof of payment of all tiered subcontractors identified as a MBE and counting those dollars towards meeting the contract committed goal. ALL MBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located within the Marketplace, that have been determined to be a bondafide minority business enterprise by the North Central Texas Regional Certification Agency(NCTRCA)or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth. If hauling services are utilized, the Offeror will be given credit as 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 FORT WORTH 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 counted to meet an MBE goal. NCTRCA N SUBCONTRACTOR/SUPPLIER ° Company Name T In Detail Detail Address i Subcontracting Supplies M W Dollar Amount Telephone/Fax ' B B B Work Purchased Email E E Contact Person E El El El El El Rev.2/10/15 FOR W 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 ' B B B Work Purchased Email E E Contact Person E El El El El El El Rev.2/10/15 FORT WORTH ATTACHMENT 1A Page 4 of 4 Total Dollar Amount of MBE Subcontractors/Suppliers $ Total Dollar Amount of Non-MBE Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ The Offeror will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office through the submittal of a Request for Approval 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/Statemp Date Rev.2/10/15 ATTACHMENT 16 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: MAN/DBE NON-M/W/DBE BID DATE City's MBE Project Goal: Offeror's MBE Project Commitment: PROJECT NUMBER oda 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 City/Staterzip Date Rev.2/10/15 WAGES 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 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 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 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 Roofer $ 16.90 Roofer Helper $ 11.15 Sheet Metal Worker $ 16.35 Sheet Metal Worker Helper $ 13.11 Sprinkler System Installer $ 19.17 Sprinkler System Installer Helper $ 14.15 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 bythe 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 Page 2 of 2 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. Page 1 of 1 SURVEY STAKING STANDARDS FORTWORTH. Section 017123.01 - Attachment A Survey Staking Standards Page 1 of 14 Revised August 2016 These procedures are intended to provide a standard method for construction staking services associated with the City of Fort Worth projects.These are not to be considered all inclusive, but only as a general guideline.For projects on TXDOT right-of-way or through joint TXDOT participation, adherence to the TXDOT survey Manual shall be followed and if a discrepancy arises, the TXDOT manual shall prevail. (http://onlinemanuals.txdot.gov/txdotmanuals/ess/ess.pdf) If you have a unique circumstance, please consult with the project manager, inspector,or survey department at 817-392-7925. Table of Contents I. City of Fort Worth Contact Information II. Construction Colors III. Standard Staking Supplies IV. Survey Control Standards V. Water Staking VI. Sanitary Sewer Staking VII. Storm Staking VIII. Curb and Gutter Staking IX. Cut Sheets Page 2of14 Revised August 2016 I. Survey Department Contact Information Physical and mailing address: 8851 Camp Bowie West Boulevard Suite 300 Fort Worth,Texas 76116 Office:(817)392-7925 Survey Superintendent,direct line:(817) 392-8971 II. Construction Colors The following colors shall be used for staking or identifying features in the field.This includes flagging,paint of laths/stakes,paint of hubs,and any identification such as pin flags if necessary. Utility Color PROPOSED EXCAVATION WHITE ALL ELECTRIC AND CONDUITS Z441 POTABLE WATER GAS OR OIL YELLOW TELEPHONE/FIBER OPTIC ORANGE SURVEY CONTROL POINTS, BENCHMARKS, PROPERTY CORNERS, RIGHT-OF-WAYS,AND PINK ALL PAVING INCLUDING CURB,SIDEWALK, BUILDING CORNERS SANITARY SEWER IRRIGATION AND RECLAIMED WATER ' III. Standard Staking Supplies Item Minimum size Lath/Stake 36"tall Wooden Hub (2"x2" min.square preferred) 6"tall Pin Flags (2.5"x 3.5" preferred) 21"long Guard Stakes Not required PK or Mag nails 1" long Iron Rods(1/2"or greater diameter) 18"long Survey Marking Paint Water-based Flagging 1"wide Marking Whiskers(feathers) 6" long Tacks(for marking hubs) 3/4" long Page 3 of 14 Revised August 2016 IV. Survey Equipment and Control Standards A. City Benchmarks All city benchmarks can be found here: http://fortworthtexas.gov/itsolutions/GIS/ Look for'Interactive Maps'and click on the'Surveyors' link B. Conventional or Robotic Total Station Equipment I. A minimum of a 10 arc-second instrument is required. II. A copy of the latest calibration report may be requested by the City at any time. It is recommended that an instrument be calibrated by certified technician at least 1 occurrence per year. C. Network/V.R.S.and static GPS Equipment I. It is critical that the surveyor verify the correct horizontal and vertical datum prior commencing work. A site calibration may be required and shall consist of at least 4 control points spaced evenly apart and in varying quadrants. Additional field checks of the horizontal and vertical accuracies shall be completed and the City may ask for a copy of the calibration report at any time. 11. Network GPS such as the Western Data Systems or SmartNet systems may be used for staking of property/R.O.W,forced-main water lines,and rough-grade only.No GPS staking for concrete, sanitary sewer,final grade,or anything that needs vertical grading with a tolerance of 0.25'or less is allowed. D. Control Points Set I. All control points set shall be accompanied by a lath with the appropriate Northing, Easting,and Elevation(if applicable)of the point set.Control points can be set rebar,'X'in concrete,or any other appropriate item with a stable base and of a semi-permanent nature.A rebar cap is optional, but preferred if the cap is marked'control point'or similar wording. II. Datasheets are required for all control points set. Datasheet should include: A. Horizontal and Vertical Datum used,Example: N.A.D.83, North Central Zone 4202, NAVD 88 Elevations B. Grid or ground distance.—If ground, provide scale factor used and base point coordinate, Example:C.S.F.=0.999125, Base point=North:0, East=O C. Geoid model used,Example:GEOID12A Page 4 of 14 Revised August 2016 Example Control Stakes Y 0✓ Q C: _ W � m � D Q Z W z a a > z w r l C o w 1016 EL.= 100.OD' J .... W 0- Z W Z W O CL m YW Z Z Q = O Q H Z _ �E — Z 0 Q W M LU Z J Cn Q U Z L- h Q x o0 LLJo 7 0 CP #1 N=5000.00 E=5000.00 ---- Page 5 of 14 Revised August 2016 V. Water Staking Standards A. Centerline Staking—Straight Line Tangents I. Offset lath/stakes every 200'on even stations II. Painted blue lath/stake only, no hub is required III. Grade is to top of pipe(T/P)for 12"diameter pipes or smaller IV. Grade to flow line(F/L)for 16"and larger diameter pipes V. Grade should be 3.50'below the proposed top of curb line for 10" and smaller diameter pipes VI. Grade should be 4.00' below the proposed top of curb line for 12" and larger diameter pipes VII. Cut Sheets are required on all staking and a copy can be received from the survey superintendent Optional:Actual stakes shall consist of a 60D nail or hub set with a whisker B. Centerline Staking-Curves I. If arc length is greater than 100', POC(Point of Curvature)offset stakes should be set at a 25'interval II. Same grading guidelines as above III. Staking of radius points of greater than 100' may be omitted C. Water Meter Boxes I. 7.0' perpendicular offset is preferred to the center of the box II. Center of the meter should be 3.0' behind the proposed face of curb III. Meter should be staked a minimum of 4.5'away from the edge of a driveway IV. Grade is to top of box and should be+0.06' higher than the proposed top of curb unless shown otherwise on the plans D. Fire Hydrants I. Center of Hydrant should be 3.0' behind proposed face of curb II. Survey offset stake should be 7.0'from the center and perpendicular to the curb line or water main III. Grade of hydrants should be+0.30 higher than the adjacent top of curb E. Water Valves&Vaults I. Offsets should be perpendicular to the proposed water main II. RIM grades should only be provided if on plans Page 6 of 14 Revised August 2016 Example Water Stakes p�N LA 7 ,Y„ �W �L � r zZ ad T O jS WACSTA 3+OQ C-3.62 LL- \/ ?�ww { z U C) IQ 7' O/S W/L w 5TA=1+72.81 '�C-3.81 d- W Li— O V) Y pn Fl.-tDt.t6' L7J � ?o o ' o 3� W U. 1 LLJ r w Z 1 1 Z) Oq wz Z z � 12;5 i _ry W ILas;LL- o m� v Q W =m z Page 7 of 14 Revised August 2016 VI. Sanitary Sewer Staking A. Centerline Staking—Straight Line Tangents I. Inverts shall be field verified and compared against the plans before staking II. Painted green lath/stake WITH hub and tack or marker dot, no flagging required III. 1 offset stake between manholes if manholes are 400'or less apart IV. Offset stakes should be located at even distances and perpendicular to the centerline V. Grades will be per plan and the date of the plans used should be noted VI. If multiple lines are at one manhole,each line shall have a cut/fill and direction noted VII. Stakes at every grade break VIII. Cut sheets are required on all staking Optional.Actual stakes shall consist of a 60D nail or hub set with a whisker B. Centerline Staking—Curves I. If arc length is greater than 100', POC(Point of Curvature)offset stakes should be set at a 25'interval II. Staking of radius points of greater than 100' may be omitted C. Sanitary Sewer Manholes I. 2 offset stakes per manhole for the purpose of providing alignment to the contractor II. Flowline grade should be on the lath/stake for each flowline and direction noted III. RIM grade should only on the stake when provided in the plans Page 8of14 Revised August 2016 Example Sanitary Sewer Stakes W Or /$ SS STA.3+710 <h C-L� < C-4r C-o- F- a z ZZ3 ~��3 �y �2' 8/S It SS STA,-3+71& �h c c-3� ao� Ploy y ` L1. j 9 W i 4 C3 1 � a s 802 1-5 77 Z � N N !iO 8 � 1409 ^b Oi Q ¢ 7' $$ su.0+00 C_ C- fro W C z Z �o Q Q po/s t ss X STA-a+ 1.z c-ea V h o-sA F C-0= LLI n G LL_ Page 9 of 14 Revised August 2016 VII. Storm Sewer & Inlet Staking A. Centerline Staking—Straight Line Tangents I. 1 offset stake every 200'on even stations 11. Grades are to flowline of pipe unless otherwise shown on plans 111. Stakes at every grade break IV. Cut sheets are required on all staking Optional.Actual stakes shall consist of a 60D nail or hub set with a whisker B. Centerline Staking—Curves I. If arc length is greater than 100', POC(Point of Curvature)offset stakes should be set at a 25'interval II. Staking of radius points of greater than 100' may be omitted C. Storm Drain Inlets I. Staking distances should be measured from end of wing II. Standard 10' Inlet=16.00'total length III. Recessed 10' Inlet=20.00'total length 1V. Standard double 10'inlet=26.67'total length V. Recessed double 10'inlet=30.67'total length D. Storm Drain Manholes I. 2 offset stakes per manhole for the purpose of providing alignment to the contractor II. Flowline grade should be on the lath/stake for each flowline and direction noted III. RIM grade should only on the stake when provided in the plans Page 10 of 14 Revised August 2016 Example Storm Inlet Stakes FRONT FRONT (SIDE FACING } (SIDE FACING ) 1 i Q a ( O m p o y1 r M BACK z ' BACK z (SIDE FA91NG R.CM) (50E FAIDNG R.o.k_J IDENTIFIES WHICH m IDENTNFlES WHICH PCINT END OF THE WING i�11NT it 41 END OF THE MING —I SEWG STAKED BEING STAKED N � Kee EEvAMN m ( INLET STATION NUB ELEVA714n .� (IF NOTED ON PLANS) t+ rT� IUN71flES GRADE �T 70 TOP OF CURB /C t t p O IDENTIFIES GRADE TO FLDWUNE n I 1 DISTANCES FOR INLETS STANDARD 10' - 18' RECESSED 10' - 2D' STANDARD DOUBLE 10' - 26.67 HUS YATFi TACK ————— PECE6IS£D DOUBLE 10_•_30.67 --— — ------- I I BACK OF INLET HbI wI al bl �ARIMO� =1 QI •, I BACK OF CURB rBACK OF CURB --------- 'YANG" .'� '1• `e.: ' 'W1NG�•. --------- FL{Y&INE FACE OF INLET FACE OF INLET FLAWUNE EDIT OF PAVEMENT EDl3_ OF PA'vFSAENT EDGE OF PAVEMENT —EDGE OF PAVEAIENi Page 11 of 14 Revised August 2016 VIII. Curb and Gutter Staking A. Centerline Staking—Straight Line Tangents V. 1 offset stake every 50' on even stations VI. Grades are to top of curb unless otherwise shown on plans VII. Stakes at every grade break VIII. Cut sheets are required on all staking Optional.Actual stakes shall consist of a 60D nail or hub set with a whisker B. Centerline Staking—Curves III. If arc length is greater than 100', POC(Point of Curvature)offset stakes should be set at a 25'interval IV. Staking of radius points of greater than 100' may be omitted Example Curb & Gutter Stakes FRONT (SIDE FACING q) 0 FRONT FRONT ETID (SDE FACING¢J POINT POINT OFF e/c FR'fJf`JT d Tar+cENr (SIDE FACING PCNTDCF OIRVATUP.E PO (SIDE FADING q) N U SIC T BACK Q N TQC � IDENTIFIES OFFSET 13 TO (SIDE FACING flOA) SICK OF CURB OR FjC FOR FACE OF CURB Q i ❑ N 1 1 1 I POINT # Iq !!II T/c I ENnFI Ficus Is II NDDRAOE ON I I HUB ELEVATION o + ruDlus Parrs 1 ? 5 r1 � 5 I r I ti r I ----------�- fiv / r r r ------------ --� TOP OF CURE BACK OF CURE FACE OF CURLL FLOWLI NE EDGE OF PAVEMENT Page 12 of 14 Revised August 2016 Example Curb & Gutter Stakes at Intersection C / kE»§ LL. © 92 - ,m| y�o LU .. L k ?k& Ot - G § — ./: y! a O 2� Z / A� )22- y � � ». # �o § 2 mak§ am 0 _e s� m >_a � b � �I I — < . bw� 2;§ k <w#� /L »�sq e Page 13@1 Revised August 206 IX. Cut Sheets A. Date of field work B. Staking Method(GPS,total station) C. Project Name D. City Project Number(Example:C01234) E. Location (Address,cross streets,GPS coordinate) F. Survey company name G. Crew chief name H. A blank Excel template can be obtained from the city survey superintendent Standard City Cut Sheet City Project Date: Number: Project Name: ❑TOTAL Staking Method: ❑ GPS STATION ❑ OTHER LOCATION: CONSULTANT/CONTRACTOR SURVEY CREW INITIALS ALL GRADES ARE TO FLOWLINE OR TOP OF CURB UNLESS OTHERWISE NOTED. PT# STATION OFFSET DESCRIPTION PROP. STAKED _CUT +FILL -LT/+RT GRADE ELEV. Page 14 of 14 Revised August 2016