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HomeMy WebLinkAboutContract 50559 CITY SECRETARY �S ORIGINA CONTRACT W. FFORT WORTH ox PROJECT MANUAL ��ysFc�� rH �4f� FOR 9RY THE CONSTRUCTION OF REPAIR AND REPAINTING OF SEMINARY HILL AND WILLOW SPRINGS ELEVATED TANKS City Project No.100886 Betsy Price David Cooke Mayor City Manager Kara Shuror Acting Water Director Prepared for The City of Fort Worth DECEMBER 2017 By: Dunham Engineering, Inc. t..:...............*;#i TRAVIS C. TATUM I1....................f llp% �',A f4°,� ► N; °•�a� OFFICIAL RECOR0 1 SSS CITY SECRETARY FT.woffrm,Tib City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/20/2018 - Ordinance No. 23119-02-2018 & Resolution No. 4909-02-2018 DATE: Tuesday, February 20, 2018 REFERENCE NO.: **C-28588 LOG NAME: 60SHESANDWSCETREHAB-A&MCONST SUBJECT: Authorize Execution of a Contract with A&M Construction and Utilities, Inc., in the Amount of$1,495,200.00 for Repair and Repainting of the Seminary Hill Elevated Storage Tank and Interior Coating Replacement of the Willow Springs Elevated Storage Tank, Provide for Staff Costs and Contingencies for a Total Project Amount of$1,917,758.00, Adopt Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 4 and 7) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Resolution expressing official Intent to Reimburse expenditures with proceeds of future enterprise fund debt for Repair and Repainting of the Seminary Hill Elevated Storage Tank and Interior Coating Replacement of the Willow Springs Elevated Storage Tank; 2. Adopt the attached Appropriation Ordinance reducing unallocated appropriations and increasing appropriations for the Repair and Repainting of the Seminary Hill Elevated Storage Tank and Interior Coating Replacement of the Willow Springs Elevated Storage Tank Project in the Water and Sewer Commercial Paper Fund in the amount of$1,637,758.00; and 3. Authorize the execution of a contract with A&M Construction and Utilities, Inc., in the amount of $1,495,200.00 for Repair and Repainting of the Seminary Hill Elevated Storage Tank and Interior Coating Replacement of the Willow Springs Elevated Storage Tank Project (City Project No. 100886). DISCUSSION: The Seminary Hill, 2 Million Gallon (2 MG) Elevated Storage Tank, located at 2700 W. Gambrell Street, was built in 1947 and last rehabilitated in 1999. The Willow Springs Composite 2 MG Elevated Tank, located at 2200 Avondale Haslet Road, was built in 2010. Both tanks provide potable water storage and fire protection for areas in South and far North West Fort Worth respectively. The existing coating system for both tanks is in need of replacement as required to protect the structural steel from erosion. In February 2017, a Request for Qualifications (RFQ) was issued for several Water Department Projects including the potable water Storage Tank Rehabilitation Project. In March 2017, a total of six proposals were received from engineering consultants for the tank rehabilitation project. A Staff selection committee recommended Dunham Engineering, Inc., to provide the necessary design services for the Seminary Hill Elevated Storage Tank— Repair and Repainting. When a partial coating system failure occurred on the interior of the Willow Springs Composite Elevated Storage Tank, this work was added to the project. The project was advertised on December 7, 2017 and December 14, 2017, in the Fort Worth Star- Telegram. On January 11, 2018, the following bids were received: http://apps.cfwnet.org/ecouncil/printme.asp?id=25588&print=true&DoeType=Print 2/22/2018 BIDDER BID AMOUNT CONTRACT A & M Construction Utilities, Inc. $1,495,200.00 240 calendar days American Suncraft Co. $1,526,190.00 J. R. Stelzer Co. $1,558,600.00 N & G Painting $1,831,000.00 Horizon Brother Painting $2,064,300.00 Classic Protective Coatings $2,136,950.00 TMI Coating $2,250,000.00 Blastco Texas 1$2,352,000.00 In addition to the contract cost, $67,798.00 is required for staff project management and $74,760.00 is provided for project contingencies. Construction for repair and repainting of the Seminary Hill Elevated Storage Tank and interior coating replacement of the Willow Springs Elevated Storage Tank project is one component of the overall project that includes design, project management, material and contingencies. The overall project budget is $1,917,758.00. Construction is expected to start in April 2018 and be completed by December 2018. This project is anticipated to be included in a future revenue bond issue for the Water and Sewer Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Callable Commercial Paper Program (CP)will be used to provide interim financing for this project until debt is issued. To the extent resources other than the Water and Sewer portfolio are used to provide interim financing, the Water and Sewer Fund will be charged interest that is equivalent to the overall rate of return being earned by the City portfolio (currently approximately one- percent annually). Should the City's portfolio not support the liquidity needed to provide an interim short- term financing source, another funding source will be required, which could mean issuance of securities under the CP Program or earlier issuance of Water and Sewer revenue bonds than is currently planned. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement Resolution. The City Council adopted the Water Department's Fiscal Year 2018-2022 Five Year Capital Improvement Plan on December 12, 2017, Mayor and Council Communication (M&C-19187). This City Council adopted plan includes this specific project, with funding identified through the CP program to be reimbursed with future revenue bonds. In accordance with the provisions of the Financial Management Policy Statement, Staff anticipates presenting revenue-supported debt issuances to the City Council for consideration within the next three years. This debt must be issued within approximately three years to provide reimbursement for these expenses. If that does not occur, the costs will no longer be reimbursable by issuing tax-exempt debt and the funding source will have to be made whole through budgetary methods. Adoption of this resolution does not obligate the City to sell bonds, but preserves the ability to reimburse the City from tax- exempt bond proceeds. This project will have no impact on the Water Department's operating budget. M/WBE OFFICE-A&M Construction Utilities, Inc., is in compliance with the City's BDE Ordinance by committing to five percent MBE participation. The City's MBE goal on this project is five percent. Additionally,A&M Construction & Utilities, Inc., is a certified M/WBE firm. The project is located within the City limits COUNCIL DISTICTS 4 and 7. httD://a,Dps.cfwnet.ori/ecouncil/-Printme.as,D?id=25588&print=true&DoeTY13e=Print 2/22/2018 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/Sewer Commercial Paper Fund for Repair and Repainting of the Seminary Hill Elevated Storage Tank and Interior Coating Replacement of the Willow Springs Elevated Storage Tank Project. The Water and Sewer Commercial Paper Fund includes authority of$150,000,000.00 for the purpose of providing interim funding for Water and Sewer Capital Projects. After this transfer, the balance will be $100,067,840.00 for future capital projects. Funding for Repair and Repainting of the Seminary Hill Elevated Storage Tank and Interior Coating Replacement of the Willow Springs Elevated Storage Tank project is depicted in the table below. Fund Existing Additional Project Appropriations Appropriations Total` W&S Commercial Paper $0.00 $1,637,758.00 $1,637,758.00 Fund - 56014 Water and Sewer Bond $280,000.00 $0.00 $280,000.00 2017A Fund - 56011 Project Total $280,000.00 $1,637,758.00 $1,917,758.00 *Numbers rounded for presentation purposes. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project JProgram ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department ccoun Project JProgram ctivity Budget Reference# moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department{-lead: Kenneth Morgan (8246) Additional Information Contact: Dena Johnson (7866) ATTACHMENTS 1. 60SHESANDWSCETREHAB-A&MCONST 60 AO 18.docx (Public) 2. 60SHESANDWSCETREHAB-AMCONST 1295.pdf (Public) 3. 60SHESANDWSCETREHAB-AMCONST Compliance Memo.pd (CFW Internal) 4. 60SHESANDWSCETREHAB-AMCONST FID Table (Dan).docx (CFW Internal) 5. 60SHESANDWSCETREHAB-AMCONST Map 1.pdf (Public) 6. 60SHESANDWSCETREHAB-AMCONST Map 2.pdf (Public) 7. 60SHESANDWSCETREHAB-AMCONST REIMB RESOLUTION (002)r.docx (Public) http://apps.cfwnet.org/ecouncil/printmc.asp?id=25588&print=true&DocType=Print 2/22/2018 8. 60SHESANDWSCETREHAB-AMCONST SAM.pdf (CFW Internal) httD://apps.cfwnet.orp/ecouncil/Drinttnc.aSD?id=25588&print—true&DOCTvDe=Print 2/22/2018 0 N_ O E Q a)X X a) I a) N O OO Q Q Q O O :3 Q- a a C • • C C 0 0 E • • E • Q Q Q E E E c ca O O O � N �- Z (L UL SUN WiUN LUN ++ L L UJ W ami ami J a`) ifs 0) O 0 -Ojm 0 :3 Ym y O HiQ Q 'E <t • LL O .. .. .. .. U N c5 .. o o � 'o • a - - - - CL - w • �. w • C c 0 c o o c0i • U U U Q Q Q Q) • • • • Q) aJ • -0 _0 _ UL LL LL U U U C—awsg CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos.l-4 and 6 if there are interested panties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-302721 A&M CONSTRUCTION AND UTILITIES, INC. ROWLETT,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/16/2018 being filed. CITY OF FORT WORTH Date Acknowledged: 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. 100886 REHABILITATE AND REPAINT ELEVATED WATER TANKS Nature of interest 4 Name of Interested Parry City,State,Country(place of business) (check applicable) Controlling Intermediary A&M CONSTRUCTION AND UTILITIES INC ROWLETT,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is r o w_ and my date of birth is 5r My address is U(c+2 Z �4 rw►m� ST• t r' ' 7sz 4 (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in �A i(�S on the 16tday of 20 f8 t J ES *0. ¢4 My N ryID# 517 12 (110fn') (year) Exp'es Janua Si attire of au orized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 FORTWORTH. City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page I of 2 SECTION 00 00 00 TABLE OF CONTENTS Division 00- General Conditions 0005 10 Mayor and Council Communication 0005 15 Addenda 00 11 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 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 45 41 Small Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 0061 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01 -General Requirements 01 1100 Summary of Work 01 2500 Substitution Procedures 01 31 19 Preconstruction Meeting 01 3120 Project Meetings 01 32 16 Construction Progress Schedule 01 33 00 Submittals 01 4523 Testing and Inspection Services 01 5000 Temporary Facilities and Controls 01 58 13 Temporary Project Signage 01 6000 Product Requirements 01 6600 Product Storage and Handling Requirements 01 70 00 Mobilization and Remobilization 01 74 23 Cleaning 01 77 19 Closeout Requirements 01 7839 Project Record Documents CITY OF FORT WORTH Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Willow Springs Elevated Tanks Project Number 100886 000000-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 2 Division 13—Special Construction 13 02 00 Water Storage Tank Rehabilitation Appendix A Engineer's Reports of Inspection B Maps to Site C Drawings&Details END OF SECTION CITY OF FORT WORTH Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Willow Springs Elevated Tanks Project Number 100886 THIS PAGE INTENTIONALLY LEFT BLANK 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 Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 0005 15-1 ADDENDA Page 1 of 1 1 SECTION 00 0515 2 ADDENDA 3 4 5 6 [Assembler: For Contract Document execution, remove this page and replace with any addenda 7 issued during bidding.] 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION CITY OF FORT WORTH Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 THIS PAGE INTENTIONALLY LEFT BLANK 12815 FM 2154,Suite 150 DUNHAM Phone:(979)690-6555 College Station,TX 77845-3981 Fax:(979)690-7034 www.DunhamEngineering.com ENGINEERING TX Registration#:F-2253 Inspection. Design. Results. Addendum No. 1 Repair and Repainting of Seminary Hill& Willow Springs Elevated Tanks City Project No. 100886 City of Fort Worth Fort Worth,Texas December 19,2017 The following additions,deletions,changes or clarifications are hereby made a part of the Contract Documents and Technical Specifications for the above referenced project as fully and as completely as though the same were included therein. 1. The Engineer's estimate of probable construction cost(EOPCC)was provided at the pre-bid meeting held December 18,2017. The estimate is as follows: a. Unit I- Seminary Hill Bid Items $1,450,000 b. Unit II-Willow Springs Bid Items $ 400,000 c. Alternate Bid Items $ 50,000 d. TOTAL $1,900,000 2. Work on the Seminary Hill Elevated Tank shall begin no earlier than October 1,2018, and no later than November 1, 2018. The work shall then be substantially completed within 150 days. 3. All of the ladders on the Seminary Hill Elevated Tank shall have the safety-climb devices (SCDs)removed and replaced with new Rigid Rail Climbing Systems provided by French Creek Production, or equal. Exterior and interior-dry-area SCDs shall be made of aluminum, French Creek Production model number 1-1100-AR, Interior-wet-area SCDs shall be made of stainless steel,French Creek Production model number 1-1105-SS. Provide two trolleys and climbing harnesses for each SCD. No other changes are made to the Bid Documents at this time. J. ,,i'0'��X�s'e 6 TRAVIS C. TA TUM OB.• •...............Ji 110343 :Q-A � sr i0 THIS PAGE INTENTIONALLY LEFT BLANK 12815 FM 2154,Suite 150 DUNHAM Phone:(979)690-6555 College Station,TX 77845-3981 Fax:(979)690-7034 www.DunhannEngineering.com ENGINEERING TX Registration#:F-2253 Inspection. Design. Results. Addendum No.2 Repair and Repainting of Seminary Hill &Willow Springs Elevated Tanks City Project No. 100886 City of Fort Worth Fort Worth,Texas December 26,2017 The following additions,deletions,changes or clarifications are hereby made a part of the Contract Documents and Technical Specifications for the above referenced project as fully and as completely as though the same were included therein. 1. The attached MWBE forms are hereby included and made a part of the Contract Documents. The MBE goal for the project is 5%. No other changes are made to the Bid Documents at this time. ®a PIfOF�`},, 1 Jrl � °N't Ssa s.e.........es.ee.� j TRAVIS(-. rATUM I....................'f eeaq�; 110343 1 06./Co. ,. e{X $° si Fe°°'G\der /ONA�EN e 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 a plicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance applies to this bid. MBE PROJECT GOALS The City's MBE goal on this project is 5 %of the base bid value of the contract. Note: If both MBE and SBE subcontracting goals are established for this project,then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. COMPLIANCE TO BID SPECIFICATIONS On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or; 3. Good Faith Effort documentation,or; 4. Prime Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Purchasing Division, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the MBE documentation in person to the appropriate employee of the purchasing division and obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the time allocated. A faxed and/or emailed copy will not be accepted. 1. Subcontractor Utilization Form,if goal is received no later than 2:00 p.m., on the second City business day met or exceeded: after the bid opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received no later than 2:00 p.m., on the second City business day Utilization Form, if participation is less than after the bid opening date,exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received no later than 2:00 p.m.,on the second City business day Utilization Form, if no MBE participation: after the bid opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received no later than 2:00 p.m., on the second City business day perform all subcontracting/supplier work: after the bid opening date,exclusive of the 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 City of Fort Worth Minority Business Enterprise MBE Good Faith Effort Form OFFEROR COMPANY NAME: Check applicable block to describe Offeror PROJECT NAME: M/W/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 I I 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, ea rson 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. F OTE: The Offeror must contact the entire MBE list specific to each subcontracting and supplier pportunity 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.2110/15 ATTACHMENT 1C Page 3 of 4 9.) Did you prepare a quotation for the MBEs to bid on goods/services specific to their skill set? Yes (If yes,attach all copies of quotations.) No 10.) Was the contact information on any of the listings not valid? Yes (If yes,attach the information that was not valid in order for the M/WBE Office to address the corrections needed.) No 11.)Submit documentation if MBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the MBE was rejected and any supporting documentation the Offeror wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the Offeror will provide for confidential in-camera access to an inspection of any relevant documentation by City personnel. Please use additional sheets, if necessary,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.2110/15 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 FORT WORTH Page 1 of 3 CITY OF FORT WORTH MBE Joint Venture Eligibility Form All questions must be answered;use"NIA"if not applicable- Name pplicableName of City project: A joint venture form must be completed on each project UP/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 join t 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,seg 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 BEE Ordinance. Rev.2/10/15 Joint Venture Page 3 of 3 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payments herein. The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits, interviews with owners and examination of the books, records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract, which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false statements or willful misrepresentation of facts. ----------------------------------------------------------------------------------------------------------- Name of MBE firm Name of non-MBE firm Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Title Title Date Date Notarization State of County of On this day of 20 before me appeared and to me personally known and who, being duly sworn,did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as their free act and deed. Notary Public Print Name Notary Public Signature Commission Expires (seaq Rev.2/10/15 ATTACHMENT 1B FORT WORTH Page 1 of 1 City of Fort Worth Minority Business Enterprise Specifications Prime Contractor Waiver Form OFFEROR COMPANY NAME: Check applicable block to describe prime PROJECT NAME: M/W/DBE NON-MAW/DBE BID DATE City's MBE Project Goal: Offeror's MBE Project Commitment: PROJECT NUMBER If both answers to this form are YES, do not complete ATTACHMENT 1C (Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO,then you must complete ATTACHMENT 1C. This form is only applicable if 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/State/Zip Date Rev.2/10/15 ATTACHMENT 1A Page 1 of 4 Fo—R1,WO�RTH City of Fort Worth Minority Business Enterprise MBE Subcontractors/Suppliers Utilization Form OFFEROR COMPANY NAME: Check applicable block to describe Offeror PROJECT NAME: ffMIW/DBE11 NON-MAN/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 1St 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 FORTWORTH ATTACHMENT 1A Page 2 of 4 Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. MBE firms are to be listed first, use additional sheets if necessary. Please note that only certified MBEs will be counted to meet an MBE goal. NCTRCA N SUBCONTRACTORISUPPLIER ° Company Name T n Detail Detail Address i Subcontracting Supplies Telephone/Fax ' B B B Work Purchased Dollar Amount Email E E Contact Person E El El El El El El Rev.2/10/15 FORT WORTH ATTACHMENT 1A Page 3 of 4 Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. MBE firms are to be listed first, use additional sheets if necessary. Please note that only certified MBEs will be counted to meet an MBE goal. NCTRCA N SUBCONTRACTOR/SUPPLIER ° Company Name T n Detail Detail Address i Subcontracting Supplies M W Dollar Amount Telephone/Fax e B B B Work Purchased Email E E Contact Person E 0 0 0 0 0 0 0 0 0 0 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/State/Zip Date Rev.2/10/15 12815 FM 2154,Suite 150 DUNHAM Phone:(979)690-6555 College Station,TX 77845-3981 Fax:(979)690-7034 www.DunhamEngineering.com ENGINEERING TX Registration#:F-2253 Inspection. Design. Results. Addendum No.3 Repair and Repainting of Seminary Hill&Willow Springs Elevated Tanks City Project No. 100886 City of Fort Worth Fort Worth,Texas January 10, 2018 The following additions,deletions,changes or clarifications are hereby made a part of the Contract Documents and Technical Specifications for the above referenced project as fully and as completely as though the same were included therein. 1. All bids shall be delivered to City of Fort Worth Purchasing Division, 200 Texas Street, Fort Worth, Texas, 76102. a. All references to 1000 Throckmorton Street are erroneous and hereby replaced with 200 Texas Street. No other changes are made to the Bid Documents at this time. 11 �e 5�:be �e�e,eeeeeeeeososeoes�� e TRAVIS C.TATUM y taaee.ea.............f 110343 h THIS PAGE INTENTIONALLY LEFT BLANK 001113-1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of Repair&Repainting of Seminary Hill and Willow Springs 5 Elevated Tanks will be received by the City of Fort Worth Purchasing Office: 6 7 City of Fort Worth 8 Purchasing Division 9 200 Texas Street 10 Fort Worth,Texas 76102 11 until {1:30 P.M. CST, Thursday,January 11, 20181, and bids will be opened publicly and read 12 aloud at 2:00 PM CST in the Council Chambers. 13 14 GENERAL DESCRIPTION OF WORK 15 The major work will consist of the(approximate)following: Interior and exterior coating 16 replacement and miscellaneous structural repairs for the Seminary Hill water storage tank located 17 at Stephens Park,Fort Worth, Texas.As well as, interior coating replacement and miscellaneous 18 structural repairs for the Willow Springs water storage tank located at 2249 Avondale Haslet Rd., 19 Haslet,Texas 20 21 PREQUALIFICATION 22 The improvements included in this project must be performed by a contractor who is pre- 23 qualified by the City at the time of bid opening. The procedures for qualification and pre- 24 qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. 25 26 DOCUMENT EXAMINATION AND PROCUREMENTS 27 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 28 of Fort Worth's Purchasing Division website at http://www.fortworthgov.ory/purchasingz and 29 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 30 Contract Documents may be downloaded,viewed, and printed by interested contractors and/or 31 suppliers. The contractor is required to fill out and notarize the Certificate of Interested 32 Parties Form 1295 and the form must be submitted to the Project Manager before the 33 contract will be presented to the City Council.The form can be obtained at 34 httt)s://www.ethics.state.tx.us/tec/1295-Info.htm . 35 36 PREBID CONFERENCE 37 A non-mandatory prebid conference will be held as described in Section 00 21 13 - 38 INSTRUCTIONS TO BIDDERS at the following location, date,and time: 39 DATE: December 18, 2017 40 TIME: 10:00 AM 41 PLACE: Holly Water Treatment Plant 42 1501 11P'Avenue 43 Fort Worth, Texas 76012 44 LOCATION: Production SCADA Conference Room 45 46 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 47 City reserves the right to waive irregularities and to accept or reject bids. 48 CITY OF FORT WORTH Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Willow Springs Elevated Tanks Revised December 23,2015 Project Number 100886 001113-2 INVITATION TO BIDDERS Page 2 of 2 1 INQUIRIES 2 All inquiries relative to this procurement should be addressed to the following: 3 Attn: Dena Johnson, P.E.,City of Fort Worth 4 Email: dena johnson(kfortworthtexas.gov 5 Phone: 817-392-7866 6 AND/OR 7 Attn: Travis Tatum, P.E.;Dunham Engineering, Inc. 8 Email: Travis@DunhamEngineering.com 9 Phone: 979-690-6555 10 11 ADVERTISEMENT DATES 12 December 7, 2017 13 December 14, 2017 14 15 END OF SECTION CITY OF FORT WORTH Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Willow Springs Elevated Tanks Revised December 23,2015 Project Number 100886 0021 13-1 INSTRUCTIONS TO BIDDERS Page 1 of 10 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 6 00-GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person, firm,partnership, company, association, or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder: Any person, firm,partnership, company, association, or 16 corporation acting directly through a duly authorized representative,submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided)makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 33 34 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 35 requiring prequalification at the time of bidding. Bids received from contractors who are 36 not prequalified(even if inadvertently opened)shall not be considered. Prequalification 37 requirement work types and documentation are as follows: 38 39 3.1.1. Paving—Requirements document located at; 40 https://projectpoint.buzzsaw.com/fortworthyov/Resources/02%20- 41 %20Construction%2ODocuments/Contractor%2OPrequalification/TP W%2OPgying 42 %20Contractor%2OPrequalification%2OProgram/PREQUALIFICATION%20REQ 43 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public 44 45 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at; 46 https:Hprojectpoint.buzzsaw.com/fortworthgov/Resources/02%20- 47 %20Construction%o2ODocuments/Contractor%2OPrequalification/TPW%2OPaving 48 %20Contractor%2OPrequalification%2OProgram/PREQUALIFICATION%20REQ 49 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public CITY OF FORT WORTH Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Willow Springs Elevated Tanks Revised August 21,2015 Project Number 100886 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 10 1 2 3.1.3. Water and Sanitary Sewer—Requirements document located at; 3 https://projeMoint.buzzsaw.com/fortworthyov/Resources/02%20- 4 %20Construction%2ODocuments/Contractor%2OPrequalificationfWater%2Oand%2 5 OSanitarv%2OSewer%2OContractor%2OPrequalification%2OProaram/WSS%2Opre 6 qual%20requirements.doc?public 7 8 9 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within 10 seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 11 45 11,BIDDERS PREQUALIFICATIONS. 12 13 3.2.1. Submission of and/or questions related to prequalification should be addressed to 14 the City contact as provided in Paragraph 6.1. 15 16 17 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 18 bidder(s)for a project to submit such additional information as the City,in its sole 19 discretion may require,including but not limited to manpower and equipment records, 20 information about key personnel to be assigned to the project,and construction schedule, 21 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 22 deliver a quality product and successfully complete projects for the amount bid within 23 the stipulated time frame. Based upon the City's assessment of the submitted 24 information,a recommendation regarding the award of a contract will be made to the 25 City Council. Failure to submit the additional information,if requested,may be grounds 26 for rejecting the apparent low bidder as non-responsive.Affected contractors will be 27 notified in writing of a recommendation to the City Council. 28 29 3.4.In addition to prequalification,additional requirements for qualification may be required 30 within various sections of the Contract Documents. 31 32 3.5.Special qualifications required for this project include the following:All contractors must 33 receive a special pre-qualification to bid on water storage tank rehabilitation projects. The City 34 will accept previous special prequalification approvals from the last two years from the following 35 firms: 36 American Suncraft Co. 37 J.R. Stelzer Co. 38 N.G.Painting 39 Blastco 40 TMI Coatings 41 A&M Construction and Utilities 42 Classic Protective Coatings 43 44 All other firms wishing to bid on this project must submit a special pre-qualification 45 packet,in accordance with Section 00 45 11 "Bidders Pre-Qualifications". 46 47 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 48 49 4.1.Before submitting a Bid,each Bidder shall: 50 CITY OF FORT WORTH Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Willow Springs Elevated Tanks Revised August 21,2015 Project Number 100886 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 10 1 4.1.1. Examine and carefully study the Contract Documents and other related data 2 identified in the Bidding Documents(including"technical data"referred to in 3 Paragraph 4.2.below).No information given by City or any representative of the 4 City other than that contained in the Contract Documents and officially 5 promulgated addenda thereto, shall be binding upon the City. 6 7 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general,local and 8 site conditions that may affect cost,progress,performance or furnishing of the 9 Work. 10 11 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 12 progress,performance or furnishing of the Work. 13 14 4.1.4. Study all: (i)reports of explorations and tests of subsurface conditions at or 15 contiguous to the Site and all drawings of physical conditions relating to existing 16 surface or subsurface structures at the Site(except Underground Facilities)that 17 have been identified in the Contract Documents as containing reliable "technical 18 data"and(ii)reports and drawings of Hazardous Environmental Conditions,if any, 19 at the Site that have been identified in the Contract Documents as containing 20 reliable "technical data." 21 22 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 23 the information which the City will furnish.All additional information and data 24 which the City will supply after promulgation of the formal Contract Documents 25 shall be issued in the form of written addenda and shall become part of the Contract 26 Documents just as though such addenda were actually written into the original 27 Contract Documents.No information given by the City other than that contained in 28 the Contract Documents and officially promulgated addenda thereto,shall be 29 binding upon the City. 30 31 4.1.6. Perform independent research,investigations,tests,borings,and such other means 32 as may be necessary to gain a complete knowledge of the conditions which will be 33 encountered during the construction of the project. On request,City may provide 34 each Bidder access to the site to conduct such examinations, investigations, 35 explorations,tests and studies as each Bidder deems necessary for submission of a 36 Bid. Bidder must fill all holes and clean up and restore the site to its former 37 conditions upon completion of such explorations,investigations,tests and studies. 38 39 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 40 cost of doing the Work,time required for its completion,and obtain all information 41 required to make a proposal.Bidders shall rely exclusively and solely upon their 42 own estimates, investigation,research,tests,explorations,and other data which are 43 necessary for full and complete information upon which the proposal is to be based. 44 It is understood that the submission of a proposal is prima-facie evidence that the 45 Bidder has made the investigation,examinations and tests herein required.Claims 46 for additional compensation due to variations between conditions actually 47 encountered in construction and as indicated in the Contract Documents will not be 48 allowed. 49 CITY OF FORT WORTH Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Willow Springs Elevated Tanks Revised August 21,2015 Project Number 100886 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 10 1 4.1.8. Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or 2 between the Contract Documents and such other related documents.The Contractor 3 shall not take advantage of any gross error or omission in the Contract Documents, 4 and the City shall be permitted to make such corrections or interpretations as may 5 be deemed necessary for fulfillment of the intent of the Contract Documents. 6 7 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 8 9 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 10 the site which have been utilized by City in preparation of the Contract Documents. 1 1 The logs of Soil Borings, if any, on the plans are for general information only. 12 Neither the City nor the Engineer guarantee that the data shown is representative of 13 conditions which actually exist. 14 15 4.2.2. those drawings of physical conditions in or relating to existing surface and 16 subsurface structures(except Underground Facilities)which are at or contiguous to 17 the site that have been utilized by City in preparation of the Contract Documents. 18 19 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 20 on request. Those reports and drawings may not be part of the Contract 21 Documents, but the "technical data" contained therein upon which Bidder is entitled 22 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 23 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 24 responsible for any interpretation or conclusion drawn from any "technical data" or 25 any other data, interpretations, opinions or information. 26 27 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 28 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 29 exception the Bid is premised upon performing and furnishing the Work required by the 30 Contract Documents and applying the specific means,methods,techniques, sequences or 31 procedures of construction(if any)that may be shown or indicated or expressly required 32 by the Contract Documents, (iii)that Bidder has given City written notice of all 33 conflicts,errors, ambiguities and discrepancies in the Contract Documents and the 34 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 35 etc.,have not been resolved through the interpretations by City as described in 36 Paragraph 6., and(iv)that the Contract Documents are generally sufficient to indicate 37 and convey understanding of all terms and conditions for performing and furnishing the 38 Work. 39 40 4.4.The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 41 biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 42 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract 43 Documents. 44 45 5. Availability of Lands for Work, Etc. 46 CITY OF FORT WORTH Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Willow Springs Elevated Tanks Revised August 21,2015 Project Number 100886 002113-5 INSTRUCTIONS TO BIDDERS Page 5 of 10 1 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 2 access thereto and other lands designated for use by Contractor in performing the Work 3 are identified in the Contract Documents. All additional lands and access thereto 4 required for temporary construction facilities,construction equipment or storage of 5 materials and equipment to be incorporated in the Work are to be obtained and paid for 6 by Contractor. Easements for permanent structures or permanent changes in existing 7 facilities are to be obtained and paid for by City unless otherwise provided in the 8 Contract Documents. 9 10 5.2.Outstanding right-of-way, easements,and/or permits to be acquired by the City are listed 11 in Paragraph SC 4.01 of the Supplementary Conditions.In the event the necessary right- 12 of-way,easements,and/or permits are not obtained,the City reserves the right to cancel 13 the award of contract at any time before the Bidder begins any construction work on the 14 project. 15 16 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 17 way,easements,and/or permits,and shall submit a schedule to the City of how 18 construction will proceed in the other areas of the project that do not require permits 19 and/or easements. 20 21 6. Interpretations and Addenda 22 23 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 24 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 25 received after this day may not be responded to. Interpretations or clarifications 26 considered necessary by City in response to such questions will be issued by Addenda 27 delivered to all parties recorded by City as having received the Bidding Documents. 28 Only questions answered by formal written Addenda will be binding. Oral and other 29 interpretations or clarifications will be without legal effect. 30 31 Address questions to: 32 33 City of Fort Worth 34 200 Texas Street 35 Fort Worth,TX 76102 36 Attn: Dena Johnson, City of Fort Worth Water Department 37 Email:dena.johnson@fortworthtexas.gov fortworthtexas.gov 38 Phone:817-392-7866 39 40 41 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 42 City. 43 44 6.3.Addenda or clarifications may be posted via Buzzsaw. 45 CITY OF FORT WORTH Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Willow Springs Elevated Tanks Revised August 21,2015 Project Number 100886 002113-6 INSTRUCTIONS TO BIDDERS Page 6 of 10 1 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 2 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 3 Project. Bidders are encouraged to attend and participate in the conference. City will 4 transmit to all prospective Bidders of record such Addenda as City considers necessary 5 in response to questions arising at the conference. Oral statements may not be relied 6 upon and will not be binding or legally effective. 7 8 7. Bid Security 9 10 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 11 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 12 the requirements of Paragraphs 5.01 of the General Conditions. 13 14 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 15 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 16 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 17 default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 18 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 19 other Bidders whom City believes to have a reasonable chance of receiving the award 20 will be retained by City until final contract execution. 21 22 8. Contract Times 23 The number of days within which,or the dates by which,Milestones are to be achieved in 24 accordance with the General Requirements and the Work is to be completed and ready for 25 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 26 attached Bid Form. 27 28 9. Liquidated Damages 29 Provisions for liquidated damages are set forth in the Agreement. 30 31 10. Substitute and "Or-Equal" Items 32 The Contract,if awarded,will be on the basis of materials and equipment described in the 33 Bidding Documents without consideration of possible substitute or"or-equal" items. 34 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or"or- 35 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 36 City,application for such acceptance will not be considered by City until after the Effective 37 Date of the Agreement. The procedure for submission of any such application by Contractor 38 and consideration by City is set forth in Paragraphs 6.05A., 6.05B.and 6.05C.of the General 39 Conditions and is supplemented in Section 01 25 00 of the General Requirements. 40 41 11. Subcontractors,Suppliers and Others 42 CITY OF FORT WORTH Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Willow Springs Elevated Tanks Revised August 21,2015 Project Number 100886 002113-7 INSTRUCTIONS TO BIDDERS Page 7 of 10 1 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No.20020- 2 12-2011 (as amended),the City has goals for the participation of minority business 3 and/or small business enterprises in City contracts.A copy of the Ordinance can be 4 obtained from the Office of the City Secretary.The Bidder shall submit the MBE and 5 SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor 6 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 7 Venture Form as appropriate.The Forms including documentation must be received 8 by the City no later than 2:00 P.M. CST,on the second business days after the bid 9 opening date. The Bidder shall obtain a receipt from the City as evidence the 10 documentation was received.Failure to comply shall render the bid as non- 11 responsive. 12 13 11.2. No Contractor shall be required to employ any Subcontractor, Supplier,other person 14 or organization against whom Contractor has reasonable objection. 15 16 12. Bid Form 17 18 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 19 obtained from the City. 20 21 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 22 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 23 the Bid Form. A Bid price shall be indicated for each Bid item,alternative,and unit 24 price item listed therein. In the case of optional alternatives,the words "No Bid," 25 "No Change," or"Not Applicable" may be entered.Bidder shall state the prices, 26 written in ink in both words and numerals,for which the Bidder proposes to do the 27 work contemplated or furnish materials required.All prices shall be written legibly. 28 In case of discrepancy between price in written words and the price in written 29 numerals,the price in written words shall govern. 30 31 12.3. Bids by corporations shall be executed in the corporate name by the president or a 32 vice-president or other corporate officer accompanied by evidence of authority to 33 sign. The corporate seal shall be affixed. The corporate address and state of 34 incorporation shall be shown below the signature. 35 36 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 37 partner,whose title must appear under the signature accompanied by evidence of 38 authority to sign. The official address of the partnership shall be shown below the 39 signature. 40 41 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 42 member and accompanied by evidence of authority to sign. The state of formation of 43 the firm and the official address of the firm shall be shown. 44 45 12.6. Bids by individuals shall show the Bidder's name and official address. 46 47 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 48 indicated on the Bid Form. The official address of the joint venture shall be shown. 49 50 12.8. All names shall be typed or printed in ink below the signature. 51 CITY OF FORT WORTH Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Willow Springs Elevated Tanks Revised August 21,2015 Project Number 100886 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 10 1 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 2 which shall be filled in on the Bid Form. 3 4 12.10. Postal and e-mail addresses and telephone number for communications regarding the 5 Bid shall be shown. 6 7 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 8 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 9 to State Law Non Resident Bidder. 10 11 13. Submission of Bids 12 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 13 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 14 addressed to Purchasing Manager of the City,and shall be enclosed in an opaque sealed 15 envelope,marked with the City Project Number,Project title,the name and address of 16 Bidder,and accompanied by the Bid security and other required documents. If the Bid is sent 17 through the mail or other delivery system,the sealed envelope shall be enclosed in a separate 18 envelope with the notation "BID ENCLOSED"on the face of it. 19 20 14. Modification and Withdrawal of Bids 21 22 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office 23 cannot be withdrawn prior to the time set for bid opening. A request for withdrawal 24 must be made in writing by an appropriate document duly executed in the manner 25 that a Bid must be executed and delivered to the place where Bids are to be submitted 26 at any time prior to the opening of Bids.After all Bids not requested for withdrawal 27 are opened and publicly read aloud,the Bids for which a withdrawal request has been 28 properly filed may,at the option of the City,be returned unopened. 29 30 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 31 time set for the closing of Bid receipt. 32 33 15. Opening of Bids 34 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 35 abstract of the amounts of the base Bids and major alternates(if any)will be made available 36 to Bidders after the opening of Bids. 37 38 16. Bids to Remain Subject to Acceptance 39 All Bids will remain subject to acceptance for the time period specified for Notice of Award 40 and execution and delivery of a complete Agreement by Successful Bidder. City may,at 41 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 42 43 17. Evaluation of Bids and Award of Contract 44 CITY OF FORT WORTH Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Willow Springs Elevated Tanks Revised August 21,2015 Project Number 100886 002113-9 INSTRUCTIONS TO BIDDERS Page 9 of 10 1 17.1. City reserves the right to reject any or all Bids,including without limitation the rights 2 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 3 and to reject the Bid of any Bidder if City believes that it would not be in the best 4 interest of the Project to make an award to that Bidder,whether because the Bid is 5 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 6 meet any other pertinent standard or criteria established by City. City also reserves 7 the right to waive informalities not involving price,contract time or changes in the 8 Work with the Successful Bidder. Discrepancies between the multiplication of units 9 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 10 between the indicated sum of any column of figures and the correct sum thereof will 11 be resolved in favor of the correct sum. Discrepancies between words and figures 12 will be resolved in favor of the words. 13 14 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 15 among the Bidders,Bidder is an interested party to any litigation against City, 16 City or Bidder may have a claim against the other or be engaged in litigation, 17 Bidder is in arrears on any existing contract or has defaulted on a previous 18 contract,Bidder has performed a prior contract in an unsatisfactory manner,or 19 Bidder has uncompleted work which in the judgment of the City will prevent or 20 hinder the prompt completion of additional work if awarded. 21 22 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers,and 23 other persons and organizations proposed for those portions of the Work as to which 24 the identity of Subcontractors,Suppliers,and other persons and organizations must 25 be submitted as provided in the Contract Documents or upon the request of the City. 26 City also may consider the operating costs,maintenance requirements,performance 27 data and guarantees of major items of materials and equipment proposed for 28 incorporation in the Work when such data is required to be submitted prior to the 29 Notice of Award. 30 31 17.3. City may conduct such investigations as City deems necessary to assist in the 32 evaluation of any Bid and to establish the responsibility,qualifications,and financial 33 ability of Bidders,proposed Subcontractors,Suppliers and other persons and 34 organizations to perform and furnish the Work in accordance with the Contract 35 Documents to City's satisfaction within the prescribed time. 36 37 17.4. Contractor shall perform with his own organization,work of a value not less than 38 35%of the value embraced on the Contract, unless otherwise approved by the City. 39 40 17.5. If the Contract is to be awarded,it will be awarded to lowest responsible and 41 responsive Bidder whose evaluation by City indicates that the award will be in the 42 best interests of the City. 43 44 17.6. Pursuant to Texas Goverrunent Code Chapter 2252.001,the City will not award 45 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 46 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 47 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 48 comparable contract in the state in which the nonresident's principal place of 49 business is located. 50 CITY OF FORT WORTH Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Willow Springs Elevated Tanks Revised August 21,2015 Project Number 100886 0021 13-10 INSTRUCTIONS TO BIDDERS Page 10 of 10 1 17.7. A contract is not awarded until formal City Council authorization.If the Contract is 2 to be awarded,City will award the Contract within 90 days after the day of the Bid 3 opening unless extended in writing. No other act of City or others will constitute 4 acceptance of a Bid.Upon the contractor award a Notice of Award will be issued by 5 the City. 6 7 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 8 9 18. Signing of Agreement 10 When City issues a Notice of Award to the Successful Bidder,it will be accompanied by the 11 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 12 Contractor shall sign and deliver the required number of counterparts of the Agreement to 13 City with the required Bonds, Certificates of Insurance,and all other required documentation. 14 City shall thereafter deliver one fully signed counterpart to Contractor. 15 16 17 18 END OF SECTION CITY OF FORT WORTH Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Willow Springs Elevated Tanks Revised August 21,2015 Project Number 100886 003513-I CONFLICT OF INTEREST AFFIDAVIT Page 1 of 1 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 hqp://www.ethics.state.tx.us/forms/CIQ.pdf 12 13 hitp://www.ethics.state.tx.us/forms/CIS.pdf 14 15 06 CIQ Form is on file with City Secretary 16 17 Q CIQ Form is being provided to the City Secretary 18 19 F-1 CIS Form is on File with City Secretary 20 21 Z CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 27 A&M Construction and Utilities INC By: Antonio Banda 28 Company (Please Print) 29 30 4950 Grisham Dr. Signature: 31 Address 32 33 Rowlett,TX 75088 Title: President 34 City/State/Zip (Please Print) 35 36 37 END OF SECTION CITY OF FORT WORTH Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Willow Springs Elevated Tanks Revised March 27,2012 Project Number 100886 0041 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR: Repair and Repainting of Seminary Hill and Willow Springs Elevated Tanks City Project No.: 100886 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. d. "coercive practice"means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 00 41 00 Bid Form 00 41 00 BID FORM Page 2 of 3 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Storage Tank Painting and Rehabilitation b. C. d. 4. Time of Completion 4.1. The Work at the Willow Springs Tank will be complete for Final Acceptance within 90 days after the date when the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions plus any extension thereof allowed in accordance with Article 12 of the General Conditions. An additional 150 days will be provided to complete work at the Seminary Hill Tank, which is to be started no sooner than September 1, 2018. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work{and/or achievement of Milestones}within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 "If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20150821 00 41 00 Bid Forth 00 41 00 BID FORM Page 3 of 3 estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items Total Base Bid $0.00 Alternate Bid $0.00 Total Bid $0.00 7. Bid Submittal This Bid is submitted on 111112018 by the entity named below. Respectfully submitted, Receipt is acknowledged of the Initial // following Addenda: By: G!.! Addendum No. 1. (Signature) Addendum No.2: Antonia Banda Addendum No.3: Addendum No.4: (Printed Name) Title: President Company: A&M Construction and Utilities INC Corporate Seal: Address:4950 Grisham Dr. Rowlett,TX 75088 State of Incorporation: TEXAS Email: rick@amconstructionublity.com Phone:214-680-0587 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20150821 00 4100 Bid Form 00 42 43 BID PROPOSAL Pagel oft SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal BidlistSpecification Unit of F Bid Item No. Description Section No. Measure Quantity Unit Price Bid Value Unit I: Seminary Hill Bid Items SH 1 ISeminary Hill Contractor Mobilization I All I LS 1 3o vva - 30,aao - SH 2 I Complete Seminary Hill Repair Items of Work 13 02 00 LS 1 /oo, poo- /60, O"vv - Remove and replace existing Seminary Hill TEC 2000 SH 3 (Valve Actuator with new actuator of similar make. I 130200 ( LS I 1 I ` �_ I /;Z evo . SH 4 (Complete Seminary Hill Repair of Pits&Prior Corrosion I 13 02 00 I LS I 1 I _ Damage o?0, am oZo UD7 - Repair by welding pits,holes and prior corrosion damage up to 6"in diameter,for Seminary Hill, SH 5 per the Project Specification,as directed by the 130200 EA 300 7�! ZZ,S�a engineer.JProvide and install TNEMEC Series 215 Pit Filler for I I I I SH 6 Seminary Hill per the Project Specifications and as 13 02 00 Gal. directed by the Engineer. 1 310- Pressure wash interior of Seminary Hill tank to remove SH 7 soluble salt content as needed per the Project 13 02 00 Specification,and as LS 1 "s 6�D directed by the Engineer. Provide and operate dehumidification equipment to maintain less than 50%relative humidity during all SH 8 Seminary Hill interior blasting,coating and curing 130200 LS operations,per the Project Specification. 1 Replace Seminary Hill Interior Wet Area Coating SH 9 (System with specified TNEMEC zinc/epoxy/epoxy I 13 02 00 I LS I I coating system I 1 Zed 6l/b" Zyp.U�p (Provide and install SSPC Class 3A containment for SH 10 I ILS Seminary Hill capable of being operated in winds up to 13 02 00 25 mph,as described in the Project Specification. 1 52i 0vt)- 5-& on Replace Seminary Hill Exterior Coating System with SH 11 (specified TNEMEC zinc/epoxy/urethane/fluoropolymerI 13 02 00 I LS coating system 1 k/0'r, 00 y0S Seminary Hill Disinfection&Cleanup.Disinfection to be 13 02 00 SH 12 (performed by City via chlorine injection. I I LS I 1 I SH 13 ISeminary Hill Contractor Demobilization 13 02 00 1 LS 1 1 pk 6 p-Du ;Zo VVD Subtotal Unit I: S/ e" ", Unit H: Willow Springs Bid Items WS 1 Willow Springs Contractor Mobilization All LS 1 Z S m-v Z--, WS 2 Complete Willow Springs Repair Items of Work 13 02 00 LS 1 $o,a > So,ovD- Perform vacuum box test at Willow Springs per AWWA WS 3 ID107. I 13 02 00 I LS I 1 WS 4 (Remove and replace existing Willow Springs TEC 20001 13 02 00 I LS I 1 Valve Actuator with new actuator of similar make. /Z, 6M - !Z,M WS 5 (Complete Willow Springs Repair of Pits&Prior ( 13 02 00 ( LS I 1 Corrosion Damage Repair by welding pits,holes and prior corrosion WS 6 damage up to 6"in diameter,for Willow Springs, per the Project Specification,as directed by the 130200 EA 300 N, engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 42 43 BID PROPOSAL Paec 2 of 2 Provide and install TNEMEC Series 215 Pit Filler to WS 7 Willow Springs per the Project Specifications and as 13 02 00 I Gal. I I directed by the Engineer. 3 31v' Pressure wash interior of Willow Springs tank to remove WS 8 soluble salt content as needed per the Project 13 02 00 I Specification,and as directed by the Engineer. LS 1 !�LYj I S,dzr' Provide and operate dehumidification equipment to WS 9 maintain less than 50%relative humidity during all 13 02 00 Willow Springs interior blasting,coating and curing LS operations,per the Project Specification. Replace Willow Springs Interior Wet Area Coating WS 10 System with specified TNEMEC zinc/epoxy/epoxy 13 02 00 LS coating system I I I 1 I ZGZ,Sar, I z�ziS6fl WS 11 Willow Springs Disinfection&Cleanup.Disinfection to 13 02 00 The performed by City via chlorine injection. ( I LS WS 12 lWillow Springs Contractor Demobilization 13 02 00 LS 1 p caro- ?� oao Subtotal Unit II: Alternative Bid Items dd or Deduct from the Base Bid to install Alternate Alt.1 Coating System manufactured by Induron or Sherwin 13 02 00 LS 1 Williams,per Section 13 02 00,of the Project Specification. Pricing NOT required. Force account allowance to be used for additional site Alt.2 repair and modification in the amount of$50,000. 13 02 00 LS 1 $50,000 $50,000 Subtotal Alternate: dam CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Fmm Revised 20120120 00 42 43 BID PROPOSAL Page 3 oF2 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Description Specification Unit of Bid Unit Price Bid Value Item No. Section No. Measure Quantity T Bid Summary Unit I Base Bid Total Unit I Base Bid 9�/ gG77 Unit II Base Bid Total Unit II Base Bid Total Unit I+Unit II Base Bid { { { { { Total Unit I+Unit II Base Bidl I �f Alternate Bid Total Alternate Bid Sb em Total Bid Z 8Q0 END OF SECTION CITY OF FORT WORTII STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 PHILADELPHIA Philadelphia Indemnity Insurance Company INSURANCE COMPANIES One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004 AAlc�n �thr'CoVdo 94�riuep BID BOND KNOW ALL PERSONS BY THESE PRESENTS, That we, A&M Construction and Utilities, Inc. Principal, and PHILADELPHIA INDEMNITY INSURANCE COMPANY, a corporation authorized to transact a general surety business in the State of Texas, as Surety, are held an firmly bound unto City of Fort Worth (hereinafter called the ObligeeXn the full and just sum of Five Percent of Greatest Amount Bid (S 5%G.A.B. I for the payment whereof in lawful money of the United States , we bind ourselves, our heirs, administrators, executors, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the said PRINCIAL has submitted the accompanying bid for: Repair and Repainting of Seminary Hill and Wills Springs Elevated Tanks Fort Worth,TX NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and Sealed this llth day of January 20 18 C ruction and Utilities,Inc. Principal(Seal) PHILADELPHIA INDEMNITY INSURANCE COMP ✓+ -i Brent M Blonigan 12815 FM 2154,Suite 150 DUNHAM Phone:(979)690-6555 College Station,TX 77845-3981 Fax:(979)690-7034 www.DunhamEngineering.com ENGINEERING TX Registration#:F-2253 Inspection. Design. Results. January 12, 2018 Dena Johnson Fort Worth Water Department 200 Texas Street Fort Worth, Texas 76102 Re: Recommendation of Contractor for Seminary Hill EST and Willow Springs CET Rehabilitation City Project No. 100886 The purpose of this letter is to recommend a contractor for the above referenced project. A complete bid tabulation from the January 11th public bid opening is attached. This project involves the abrasive blast cleaning, painting and repair of the Seminary Hill EST and Willow Springs CET Rehab. The eight (8) submitted bids were checked for mathematical errors and/or bid irregularities. The lowest bidder was found to have minor mathematical errors but that did not affect the bid result. The project was bid with a Base Bid for both Seminary Hill and Willow Springs and two Additive Bid Items. The Additive Bid Items were utilized to provide for alternate paint coating systems and a force account allowance, while ensuring budget compliance. The total bid is below the project budget. Therefore, in order to achieve best value it is recommended that the project be awarded based on Total Bid. The lowest, responsive and responsible bidder, A&M Construction &Utilities,Inc.,of Rowlett, Texas, is recommended for award,with a Total Bid of$1,495,200.00. The bid is within the City's budget for the project. Dunham Engineering has previous satisfactory experience with this contractor and has reviewed submitted references for similar projects, all of which are satisfactory. If you should have any questions regarding the above recommendation,please feel free to call anytime. Sincerely, Z.-2T;Z.-2- Travis ravis C. Tatum, P.E. 1963 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Debbie Palmer, Kara Pierce, Marci Luse and/or Brent M. Blonigan of Grayhawk Insurance Associates its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$25,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14h of November,2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27TH DAY OF OCTOBER,2017. `vs" 1927 f , S (Seal) ,,.,,,•N Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 27th day of October,2017,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly/ l affixed. Noruiwsu� Notary Public: w- go.wvcowy a,c�.w„o„g,a,.s s.°i 21,tatr residing at: Bala Cynwyd.PA (Notary Seal) My commission expires: September 25,2021 I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 27'h day of October,2017 are true and correct and are still in full force and effect. I do further certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, _v)t In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this �/T / day of GALA 20 1927 Edward Sayago,Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY IMPORTANT NOTICE ADVISO IMPORTANTE To obtain information or make a complaint: You may Para obener informacion o para someter una queja: call the Surety's toll free telephone number for Usted puede Ilamar al numero de telefono gratis de information or to make a complaint at: para informacion o para someter una queja al: 1-877-438-7459 1-877-438-7459 You may also write Philadelphia Indemnity Insurance Usted tanbien puede escribir a Philadelphia Company at: Indemnity Insurance Company: One Bala Plaza, Suite 100 One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Bala Cynwyd, PA 19004 Attention: Senior Vice President and Attention: Senior Vice President and Director of Surety Director of Surety You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de to obtain information on companies, coverage, rights Seguros de Texas para obtener informacion acerca or complaints at: de companias, coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance Puede escribir al Departrnento de Seguros de Texas: at: P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax#512-475-1771 Fax#512-475-1771 Web: http://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.state.tx.us Email: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have DISPUTAS SOBRE PRIMAS O RECLAMOS: Si a dispute concerning your premium or about a claim, tiene una disputa concerniente a su prima o a un you should contact the Surety first. If the dispute is reclamo, debe comunicarse con el Surety primero. Si not resolved, you may contact the Texas Department no se resuelve la disputa, puede entonces of Insurance. comunicarrse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR BOND: This UNA ESTE AVISO A SU FIANZA DE GARANTIA: notice is for information only and does not become a Este aviso es solo para proposito de informacion y part or condition of the attached document. no se convierte en parte o condicion del documento adjunto. F_ ORT WORTH City of Fort Worth Minority Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR OFFERORS APPLICATION OF POLICY If the total dollar value of the contract is$50,000 or more,then a MBE subcontracting goal is applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance applies to this bid. MBE PROJECT GOALS The City's MBE goal on this project is 5 %of the base bid value of the contract. Note: If both MBE and SBE subcontracting goals are established for this project,then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. COMPLIANCE T O 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. +.tn in person to the appropriate employee of the purchasing division and obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the time allocated. A faxed and/or emailed copy will not be accepted. 1. Subcontractor Utilization Form, if goal is received no later than 2:00 p.m., on the second City business day met or exceeded: I 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. S. 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 City of Fort Worth Minority Business Enterprise MBE Good Faith Effort Form OFFEROR COMPANY NAME: Check applicable block to describe A&M CONSTRUCTION AND UTILITIES INC Offeror PROJECT NAME: X I MNV/DBE NON-MNV/DBE REPAIR AND REPAINTING OF SEMINARY HILL AND WILLOW SPRINGS ELEVATED TANKS BID DATE 1/11/2018 City's MBE Project Goal: Offeror's MBE Project Commitment: PROJECT NUMBER 5 % 5 % 100886 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 CHEROKEE PAINTING AND SANDBLASTING CO. INC TNEMEC CO. INC. WALNUT HILL PAINT CO. CANFIELD & JOSEPH INC. MINERAL TECH INC. RICOCHETT FUEL CO. INC. EAGLE STEEL INC. Rev.2110115 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 12 /30 /2017 X 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.) X 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? X 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.) X 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.) X 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? X Yes No 8.) Did you provide the information regarding the location of plans and specifications in order to assist the MBEs? X Yes No Rev.2/10/15 ATTACHMENT IC 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.) X 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 MIWBE Office to address the corrections needed.) X 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. WALNUT HILL PAINT CO.WILL BE USED AS AN MWBE SUPPLIER OF COATINGS MATERIALS ON THE 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.2/10115 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 1 C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. Digitally signed by ANTONIO BANDA Date:2018.0108113408106'00'DA Authorized Signature Printed Signature PRESIDENT _ - . X-11A W Title ColacAamtand Title(if different) A&M CONSTRUCTION AND UTILITIES, INC. 214-680-0587 Company Name Phone Number Fax Number 4950 GRISHAM DR. rick@amconstructionutility.com Address Email Address ROWLETT, TX 75088 1/8/2018 City/State/Zip Date Rev.2M OM 5 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of State Here or Blank , our principal place of business, are required to be `m '' percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of State Here or Blank ,our principal place of business, are not required to underbid resident bidders. X B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. BIDDER: A&M CONSTRUCTION AND UTILITIES INC By. ANTONIO BANDA ,4950 GRISHAM DR .ROWLETT,TX 75088 (Signature) Title: -PRESIDENT Date: 1/1112018 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 0045 11-1 BIDDERS PREQUALIFICATIONS Pagel of 3 1 SECTION 00 4511 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 ofMarch 14 in order to bid on these projects. In order to expedite and facilitate the approval of aBidder'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 Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 Willow Springs Elevated Tanks Project Number 100886 00 45 11-2 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 aqualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at anytime. 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 multiplyingthe 25 positive net working capital(working capital=current assets—current 26 liabilities)by a factor of 10.Only those statements reflecting apositive 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 Prequalification 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Repair and Repainting of Seminary Hill and Revised July 1,2011 Willow Springs Elevated Tanks Project Number 100886 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 Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I,2011 Willow Springs Elevated Tanks Project Number 100886 THIS PAGE INTENTIONALLY LEFT BLANK 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 Storage Tank Painting and A&M CONSTRUCTION AND UTILITIES INC 12/2018 Rehabilitation Company Name Here or space Date Here or space Company Name Here or space Date Here or space Company Name Here or space Date Here or space The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: A&M CONSTRUCTION AND UTILITIES INC By. ANTONIO BANDA 4950 GRISHAM DR. ROWLETT,TX 75088 (Signature) Title: 'PRESIDENT Date: 1/11/2018 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20120120 FORT WORTH SECTION 00 45 13 BIDDER PREQUALIFICATION APPLICATION Date of Balance Sheet Prequalified with the City 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 200 TEXAS STREET FORT WORTH,TEXAS 76102-6311 AND MARK THE ENVELOPE: "BIDDER PREQUALIFICATION APPLICATION" 0045 13-2 BIDDER PREQUALIFICATION APPLICATION Page 2 of 7 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s)which are applicable—Block 3 is to be left blank if Block 1 and/or Block 2 is checked) Has fewer than 100 employees and/or ❑ Has less than$6,000,000.00 in annual gross receipts OR ❑ Does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. MAJOR WORK CATEGORIES Water Department Augur Boring-24-inch diameter casing and less Augur Boring-Greater than 24-inch diameter casing and greater Tunneling—36-Inches—60—inches, and 350 LF or less Tunneling-36-Inches—60—inches,and greater than 350 LF Tunneling—66"and greater, 350 LF and greater Tunneling—66"and greater, 350 LF or Less Cathodic Protection Water Distribution, Development, 8-inch diameter and smaller Water Distribution, Urban and Renewal, 8-inch diameter and smaller Water Distribution, Development, 12-inch diameter and smaller Water Distribution, Urban and Renewal, 12-inch diameter and smaller X Water Storage Tank Painting&Rehabilitation Water Transmission, Development,24-inches and smaller Water Transmission,Urban/Renewal,24-inches and smaller Water Transmission,Development,42-inches and smaller Water Transmission, Urban/Renewal,42-inches and smaller Water Transmission,Development,All Sizes Water Transmission, Urban/Renewal,All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches—36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV, 24-inches and smaller CITY OF FORT WORTH S Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Willow Springs Elevated Tanks Revised December 20,2012 Project Number 100886 004513-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 7 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 S Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20,2012 Willow Springs Elevated Tanks Project Number 100886 004513-4 BIDDER PREQUALIFICATION APPLICATION Page 4 of 7 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 personas a direct result of a documented medical condition.This includes foster children or those related by adoption or marriage. CITY OF FORT WORTH S Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Willow Springs Elevated Tanks Revised December 20,2012 Project Number 100886 0045 13-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 7 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 S Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20,2012 Willow Springs Elevated Tanks Project Number 100886 004513-6 BIDDER PREQUALIFICATION APPLICATION Page 6 of 7 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 S Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20,2012 Willow Springs Elevated Tanks Project Number 100886 004513-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 7 C BIDDER PREQUALIFICATION AFFIDAVIT STATE OF TEXAS COUNTY OF DALLAS 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. ANTONIO BANDA being duly sworn, deposes and says that he/she is the PRESIDENT of A&M CONSTRUCTION AND UTILITIES INP 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: A&M CONSTRUCTION AND UTILITIES INC Signature: Sworn to before m AME My Notary ID, 1251 blic Notary ublic mus not be an officer,director,or stockholder or relative thereof. CITY OF FORT WORTH S Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20,2012 Willow Springs Elevated Tanks Project Number 100886 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 4 Pursuant to Texas Labor Code Section 406.096(a),as amended,Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. 100886. Contractor further certifies that,pursuant to Texas Labor Code,Section 7 406.096(b),as amended,it will provide to City its subcontractor's certificates of compliancewith 8 worker's compensation coverage. 9 10 CONTRACTOR: 11 12 A&M CONSTRUCTION AND UTILITIES INC BY: ANTONIO BANDA 13 Company (Please Print 14 15 4950 GRISHAM DR Signature: 16 Address 17 ROWLETT,TX 75088 PRESIDENT 18 Title: 19 City/State/Zip (Please Print) 20 21 22 THE STATE OF TEXAS § 23 24 COUNTY OF TARRANT § 25 26 BEFORE ME,the undersigned authority,on this day personally appeared 27 ANTONIO BANDA ,known to me to be the person whose.name is 28 subscribed to the foregoing instrument,and acknowledged to me that he/sheyebuted the same as 29 the act and deed of CORPORATE PRESIDENT for the ores and 30 consideration therein expressed and in the capacity therein stated. 31 32 NE UNDER MYHAND AND SEAL OF OFFICE this day of 33 34 ,•� `• e': JAMES THORN 35 MY NOtary ID#125177912 X ,�• 36 % ;a aN; Expires January 30,2021 37 38 N cin d for the State of Texas 39 40 END OF SECTION CITY OF FORT WORTH Repair and Repainting ofSeminarp Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 004540-1 Minority Business Enterprise Specifications Page 1 of 2 1 SECTION 00 45 40 2 Minority Business Enterprise Specifications 3 [This document is to be printed on 'pink"paper in its final form] 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is greater than $50,000, then a MBE subcontracting goal is 6 applicable. 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 10 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 11 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 12 13 MBE PROJECT GOALS 14 The City's MBE goal on this project is 5%of the total bid value of the 15 contract(Base bid applies to Parks and Community Services). 16 17 Note: If both MBE&ad SBE subcontracting goals are established for this project, then an Offeror 18 must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. 19 20 COMPLIANCE TO BID SPECIFICATIONS 21 On City contracts$50,000 or more where a MBE subcontracting goal is applied, Offerors are required to 22 comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 23 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 24 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 25 3. Good Faith Effort documentation,or; 26 4. Prime Waiver documentation. 27 28 SUBMITTAL OF REQUIRED DOCUMENTATION 29 The applicable documents must be received by the Purchasing Division, within the foIto"-ing times 30 allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall 31 deliver the MBE documentation in person to the appropriate employee of the Purchasing division and 32 conn a daWtime receip[. Stich rLcc-Lpi IiaJ l Inc evidence tJiaL tlie. City received the documentation in the 33 time allocated. A faxed Hndlor emailed copy will not be accepted. 34 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 statedgoal: 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 partici ation: 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. 35 CITY OF FORT WORTH Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Willow Springs Elevated Tanks Revised June 9,2015 Project Number 100886 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 6 PERIOD WILL RESULT IN A DISQUALIFICAITON PERIOD OF THREE YEARS. 7 Any Questions,Please Contact The M/WBE Office at(817)212-2674. 8 END OF SECTION 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 CITY OF FORT WORTH Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Willow Springs Elevated Tanks Revised June 9,2015 Project Number 100886 005243-1 Agreement Page 1 of 6 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on 2- LD I 2.918 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 A&M Construction and Utilities, Inc. , 6 authorized to do business in Texas, acting by and through its duly authorized representative, 7 ("Contractor"). 8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1.WORK 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2.PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 _Repair and Repainting of the Seminary Hill Elevated Storage Tank and Interior Coating 17 Replacement of the Willow Springs Elevated Storage Tank 18 City Project No. 100886 19 Article 3. CONTRACT PRICE 20 City agrees to pay Contractor for performance of the Work in accordance with the Contract 21 Documents an amount, in current funds, of One Million Four Hundred Ninety-Five Thousand 22 Two Hundred Dollars ($-1,495,200.00—). 23 Article 4. CONTRACT TIME 24 4.1 Final Acceptance. 25 The Work will be complete for Final Acceptance within 240 calendar days after the date 26 when the Contract Time commences to run, as provided in Paragraph 2.03 of the General 27 Conditions, plus any extension thereof allowed in accordance with Article 12 of the 28 General Conditions. 29 4.2 Liquidated Damages 30 Contractor recognizes that time is of the essence for completion of Milestones, if any, and 31 to achieve Final Acceptance of the Work and City will suffer financial loss if the Work is 32 not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also 33 recognizes the delays, expense and difficulties involved in proving in a legal proceeding, 34 the actual loss suffered by the City if the Work is not completed on time. Accordingly, 35 instead of requiring any such proof, Contractor agrees that as liquidated damages for 36 delay(but not as a penalty), Contractor shall pay City Five Hundred Dollars($500.00)for 37 each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until 38 the City issues the Final Letter of Acceptance. CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS And Willow Springs Elevated Tanks Revised 11.15.17 Project Number 100886 005243-2 Agreement Page 2 of 6 39 Article 5. CONTRACT DOCUMENTS 40 5.1 CONTENTS: 41 A. The Contract Documents which comprise the entire agreement between City and 42 Contractor concerning the Work consist of the following: 43 1. This Agreement. 44 2. Attachments to this Agreement: 45 a. Bid Form 46 1) Proposal Form 47 2) Vendor Compliance to State Law Non-Resident Bidder 48 3) Prequalification Statement 49 4) State and Federal documents(project specific) 50 b. Current Prevailing Wage Rate Table 51 c. Insurance ACORD Form(s) 52 d. Payment Bond 53 e. Performance Bond 54 f. Maintenance Bond 55 g. Power of Attorney for the Bonds 56 h. Worker's Compensation Affidavit 57 i. MBE and/or SBE Utilization Form 58 j. 1295 Form No. 2018-302721 59 3. General Conditions. 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project's Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued,become an incorporated part of the Contract Documents: 69 a. Notice to Proceed. 70 b. Field Orders. 71 c. Change Orders. 72 d. Letter of Final Acceptance. 73 74 Article 6. INDEMNIFICATION CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS And Willow Springs Elevated Tanks Revised 11.15.17 Project Number 100886 005243-3 Agreement Page 3 of 6 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 76 expense, the city, its officers, servants and employees, from and against any and all 77 claims arising out of, or alleged to arise out of, the work and services to be performed 78 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 79 under this contract. This indemnification provision is specifically intended to operate 80 and be effective even if it is alleged or proven that all or some of the damages being 81 sought were caused, in whole or in part, by any act, omission or negligence of the city. 82 This indemnity provision is intended to include, without limitation, indemnity for 83 costs, expenses and legal fees incurred by the city in defending against such claims and 84 causes of actions. 85 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 87 the city, its officers,servants and employees,from and against any and all loss,damage 88 or destruction of property of the city,arising out of,or alleged to arise out of,the work 89 and services to be performed by the contractor, its officers, agents, employees, 90 subcontractors, licensees or invitees under this contract. This indemnification 91 provision is specifically intended to operate and be effective even if it is alleged or 92 proven that all or some of the damages being sought were caused, in whole or in part, 93 by any act,omission or negligence of the city. 94 95 Article 7. MISCELLANEOUS 96 7.1 Terms. 97 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 98 have the meanings indicated in the General Conditions. 99 7.2 Assignment of Contract. 100 This Agreement, including all of the Contract Documents may not be assigned by the 101 Contractor without the advanced express written consent of the City. 102 7.3 Successors and Assigns. 103 City and Contractor each binds itself, its partners, successors, assigns and legal 104 representatives to the other party hereto, in respect to all covenants, agreements and 105 obligations contained in the Contract Documents. 106 7.4 Severability. 107 Any provision or part of the Contract Documents held to be unconstitutional, void or 108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 109 remaining provisions shall continue to be valid and binding upon CITY and 110 CONTRACTOR. 111 7.5 Governing Law and Venue. 112 This Agreement, including all of the Contract Documents is performable in the State of 113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 114 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS And Willow Springs Elevated Tanks Revised 11.15.17 Project Number 100886 005243-4 Agreement Page 4 of 6 115 7.6 Authority to Sign. 116 Contractor shall attach evidence of authority to sign Agreement if signed by someone other 117 than the duly authorized signatory of the Contractor. 118 119 7.7 Prohibition On Contracts With Companies Boycotting Israel. 120 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government 121 Code, the City is prohibited from entering into a contract with a company for goods or 122 services unless the contract contains a written verification from the company that it: (1) 123 does not boycott Israel; and(2)will not boycott Israel during the term of the contract. 124 The terms "boycott Israel"and "company" shall have the meanings ascribed to those terms 125 in Section 808.001 of the Texas Government Code. By signing this contract, Contractor 126 certifies that Contractor's signature provides written verification to the City that 127 Contractor. (1) does not boycott Israel, and(2) will not boycott Israel during the term of 128 the contract. 129 130 7.8 Immigration Nationality Act. 131 Contractor shall verify the identity and employment eligibility of its employees who 132 perform work under this Agreement, including completing the Employment Eligibility 133 Verification Form(I-9). Upon request by City, Contractor shall provide City with copies of 134 all I-9 forms and supporting eligibility documentation for each employee who performs 135 work under this Agreement. Contractor shall adhere to all Federal and State laws as well as 136 establish appropriate procedures and controls so that no services will be performed by any 137 Contractor employee who is not legally eligible to perform such services. 138 CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS 139 FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF 140 THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, 141 SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to 142 Contractor, shall have the right to immediately terminate this Agreement for violations of 143 this provision by Contractor. 144 145 7.9 No Third-Party Beneficiaries. 146 This Agreement gives no rights or benefits to anyone other than the City and the Contractor 147 and there are no third-party beneficiaries. 148 149 7.10 No Cause of Action Against Engineer. CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS And Willow Springs Elevated Tanks Revised 11.15.17 Project Number 100886 005243-5 Agreement Page 5 of 6 150 Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their 151 sureties, shall maintain no direct action against the Engineer, its officers, employees, and 152 subcontractors, for any claim arising out of, in connection with, or resulting from the 153 engineering services performed. Only the City will be the beneficiary of any undertaking by 154 the Engineer. The presence or duties of the Engineer's personnel at a construction site, 155 whether as on-site representatives or otherwise, do not make the Engineer or its personnel 156 in any way responsible for those duties that belong to the City and/or the City's construction 157 contractors or other entities, and do not relieve the construction contractors or any other 158 entity of their obligations, duties, and responsibilities, including, but not limited to, all 159 construction methods, means, techniques, sequences, and procedures necessary for 160 coordinating and completing all portions of the construction work in accordance with the 161 Contract Documents and any health or safety precautions required by such construction 162 work. The Engineer and its personnel have no authority to exercise any control over any 163 construction contractor or other entity or their employees in connection with their work or 164 any health or safety precautions. 165 166 SIGNATURE PAGE TO FOLLOW 167 CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS And Willow Springs Elevated Tanks Revised 11.15.17 Project Number 100886 005243-6 Agreement Page 6 of 6 168 169 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be 170 effective as of the date subscribed by the City's designated Assistant City Manager ("Effective 171 Date"). 172 Contractor:��'}'i(.or .,�c�-1 ` City of Fort ✓ort h By: Jesus J. Chapa By: Assistant City Manager (Signature) Date f�n i moi' Attest: 4111�;�. 4��� (Printed Name) CitySeQfet4y Title: (Seal) of FO Address: �g3a Gritti lir• l2 M&C V' T 7Sa8P Date: Z-2,9-18 Form 1295 No. 2018- 721. City/State/Zip: Contract Compliance Manage . 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 require ts. Dena Johnson,�•L Senior Professional Engineer A prove as to Form and Legality: Douglas W. Black Assistant City Attorney 173 174 APPROVAL RECOMMENDED: 175 lY 176 177 Chris Harder, P.E. 178 ASSISTANT DIRECTOR, 179 Water Department 180 OFFICIAL RECORD CITY OF FORT WORTH CITY SECRETARYel air and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTSFT WORTH •�( nd Willow Springs Elevated Tanks Revised 11.15.17 ! Project Number 100886 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. THIS PAGE INTENTIONALLY LEFT BLANK Bond No. P601692800250 0061 13-1 PERFORMANCE BOND Page I of 2 1 SECTION 00 61 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, A&M Construction and Utilities Inc. , known as 8 "Principal" herein and Philadelphia Indemnity Insurance Company , a corporate 9 surety(sureties, if more than one)duly authorized to do business in the State of Texas,known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a I I municipal corporation created pursuant to the laws of Texas, known as"City" herein, in the penal 12 sum of, One Million Four Hundred Ninety-Five Thousand Two Hundred Dollars 13 ($_1,495,200.00 ), 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 to be made, we bind ourselves, our heirs, 15 executors, administrators, successors 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 20"' day of February , 2018, 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 Repair and Repainting of the Seminary 21 Hill Elevated Storage Tank and Interior Coating Replacement of the Willow Springs 22 Elevated Storage Tank. 23 NOW,THEREFORE, the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perforni 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 States District Court for the Northern District of Texas, Fort 31 Worth Division. CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 0061 13-2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the-2jat)1 day of 6 February , 20-18- 7 01g.7 PRINCIPAL: 8 A&M Construction and Utilities Inc. 10 1 1 BY: 12 Signature 13 ATTEST: 14 Mi9ti�<./ �ad4 15 16 (Principal)Secretary Name and Title 17 18 Address: 4950 Grisham-Dr. 19 _Rowlett, TX 75088 - 20 21 � - 22 Witness as to Principal 23 SURETY: 24 Philadelphia_Indemnity Insurance Company 25 - - _ 26 n 27 N. �i _- - _ 28 S�gr�atu e- - 29 - 30 Brent M. Blonnian,Attorney-in-FFFcTct;� 31 Name and Title - 32 33 Address: One Bala Plaza, Suite 10.0__ 34 Bala Cynwyd,PA 19004 35 36 37 aitnels to Surety Telephone Number: 1-877-438-7.459` 38 Email Address: _ 39 40 41 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation, If 43 Surety's physical address is different from its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July I,2011 Project Number 100886 Bond No. PBO1692800250 0061 14-1 PAYMENTBOND Page 1 of 2 1 SECTION 00 61 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARR.ANT § 7 That we, A&M Construction and Utilities Inc. , known as 8 "Principal" herein, and Philadelphia Indemnity Insurance Company , a 9 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 1 l municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein. 12 in the penal sum of One Million Four Hundred Ninety--Five Thousand Two Hundred Dollars 13 ($-1,495,200.00_), 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 presents: 16 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 17 20'1' day of Februa , 2018, which Contract is hereby referred to and made a part 18 hereof for all purposes as if fully set forth herein,to furnish all materials,equipment, labor and 19 other accessories as defined by law, in the prosecution of the Work as provided for in said 20 Contract and designated as Repair and Repainting of the Seminary Hill Elevated Storage 21 Tank and Interior Coating Replacement of the Willow Springs Elevated Storage Tank. 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 0061 14-2 PAYMENTBOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 26th day of 3 February 20 18 4 PRINCIPAL: A&M Construction and Utilities, Inc. ATTEST: BY: ignature �`• 6A et r>A rGSiCI�✓if (Principal) Secretary Name and Title Address: 4950 Grisham Drive Rowlett,TX 75088 Witness as to Principal SURETY: Philadelphia Indemnity Insurance Company ATTEST: BY: Signature Brent M. Blonigan, Attorney-in-Fac+. (Surety) Secretary Name and Title Address: One Bala Plaza,_Suite 100 Bala Cynwyd PA 19004 -- - itne s s to Surety Telephone Number: 1-877-438-7459 Email Address: 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address, both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. I 1 END OF SECTION 12 CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1.2011 Project Number 100886 Bond No. PBO1692800250 006119-1 MAINTENANCE BOND Page I of 1 SECTION 00 61 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we A&M Construction and Utilities inc. , known as 8 "Principal" herein and Philadelphia Indemnity Insurance Company , a corporate surety 9 (sureties, if more than one)duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of the State of Texas, known as "City"herein, 12 in the sum of One Million Four Hundred Ninety-Five Thousand Two Hundred Dollars 13 ($_] 495 200.00 ), lawful money of the United States,to be paid in Fort Worth, Tarrant County, 14 Texas,for payment of which sum well and truly be made unto the City and its successors,we 15 bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, 16 firmly by these presents. 17 18 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 20°i 19 day of_ February , 2018, which Contract is hereby referred to and made a part hereof for all 20 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other 21 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 22 designated as Repair and Repainting of the Seminary Hill Elevated Storage and Interior 23 Coating Replacement of the Willow Springs Elevated Storage Tank; and 24 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 25 accordance with the plans, specifications and Contract Documents that the Work is and will 26 remain free from defects in materials or workmanship for and during the period of two(2)years 27 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 28 29 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 30 upon receiving notice from the City of the need therefor at any time within the Maintenance 31 Period. 32 CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE,the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City,to a completion 3 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond; and 10 I 1 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 12 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 13 Worth Division; and 14 15 PROVIDED FURTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FORT WORTH Repair and Repainting of,Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 0061 19-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 26th day of 3 February 2018 4 5 PRINCIPAL: 6 A&M.Construction and Utilities. Inc. 7 9 BY: 10 Signature 11 ATTEST: 12 13 y 14 (Principal)Secretary Name and Title 15 16 Address: 4950 Grisham Drive 17 RowlettTX 75088 18 19 20 Witness_as to Principal .__ 21 SURETY: 22 Philadelphia Indemnity Insurance C9tnpa11 23 Z 24 25 BY: 26 4Signature - 27 28 Brent M. Blonigan,Attorney-in-Fact `-��!,.•-: 29 ATTEST: Name and Title - 30 31 Address: One Bala Plaza, Suite 100 32 ( rety)Secretary Bala C n d PA 19004 33 34 35 tm as to urety Telephone Number: 1-877-438-7459 36 Email Address: 37 38 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 39 from the by-laws showing that this person has authority to sign such obligation. If 40 Surety's physical address is different from its mailing address, both must be provided. 41 The date of the bond shall not be prior to the date the Contract is awarded. 42 CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 1999 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Debbie Palmer, Kara Pierce,Marci Luse and/or Brent M. Blonigan of Grayhawk Insurance Associates its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$25,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14ie of November,2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27TH DAY OF OCTOBER,2017. 1927 (Seal) H,r„#ra... Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 27's day of October,2017,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. gatY Yi'i NOTMWEEA:. '1r1�^t�w Marn�"wic Notary Public: Mrcanr.4snnEsNrn 9 p s! residing at: Bala Cynwvd.PA (Notary Seal) My commission expires: September 25,2021 I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 27's day of October,2017 are true and correct and are still in full force and effect. Ido further certify that Robert D-O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution 2f the Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, / In Testimo VVQQwpf I have subscribed my name and affixed the facsimile seal of each Company this da of Edward Sayago,Corporate Secretary - ,- PHILADELPHIA INDEMNITY INSURANCE COMPANY IMPORTANT NOTICE ADVISO IMPORTANTE To obtain information or make a complaint: You may Para obener informacion o para someter una queja: call the Surety's toll free telephone number for Usted puede Ilamar al numero de telefono gratis de information or to make a complaint at: para informacion o para someter una queja al: 1-877-438-7459 1-877-438-7459 You may also write Philadelphia Indemnity Insurance Usted tanbien puede escribir a Philadelphia Company at: Indemnity Insurance Company: One Bala Plaza, Suite 100 One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Bala Cynwyd, PA 19004 Attention: Senior Vice President and Attention: Senior Vice President and Director of Surety Director of Surety You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de to obtain information on companies, coverage, rights Seguros de Texas para obtener informacion acerca or complaints at: de companias, coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance Puede escribir al Departrnento de Seguros de Texas: at: P.O. Box 149104 P.O. Box 149104 Austin,TX 78714-9104 Austin, TX 78714-9104 Fax#512-475-1771 Fax# 512-475-1771 Web: http://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.state.tx.us Email: Con sumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have DISPUTAS SOBRE PRIMAS O RECLAMOS: Si a dispute concerning your premium or about a claim, tiene una disputa concerniente a su prima o a un you should contact the Surety first. If the dispute is reclamo, debe comunicarse con el Surety primero. Si not resolved, you may contact the Texas Department no se resuelve la disputa, puede entonces of Insurance. comunicarrse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR BOND: This UNA ESTE AVISO A SU FIANZA DE GARANTIA: notice is for information only and does not become a Este aviso es solo para proposito de informacion y part or condition of the attached document. no se convierte en parte o condicion del documento adjunto. ACdDATE(MMIODNYYY) a✓K CERTIFICATE OF LIABILITY INSURANCE 03/22/18 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 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 certificate holder In lieu of such endomement(s). NTCT PRODUCER NAME: Maurice Haywood LOVE INSURANCE AGENCY PH(VClN (214)824-8050AX 5400 E Mockingbird Lane Arc ND: Dallas, TX 75206 ADDRESS:maurice@loveins.net INSURER(S) AFFORDING COVERAGE NAICM INSURER A:Everest National Insuranc Co. 10120 INSURED A & M Construction & Utilities, Inc. INSURER B:progressive 29203 4950 Grisham Drive INSURER C:Texas Mutual Insurance Co. 22945 Rowlett, TX 75088 INSURER D:Travelers Property & Causualty Co 25674 972-412-0255 INSURER E:Atlantic Specialty Insurance Co. 27154 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE 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. INSR LTR TYPE OF INSURANCE INSD gryO POLICY NUMBERMM/DD MMiDDtYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE Fx_1 OCCUR PREMISES Ea occurrence S_ 100,000 X Explosion,Collapse MED EXP(Any one person) $ 5,000 A X Underground Coverage CF4GL00834-171 10/03/2017 10/03/2018 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2,000,000 POLICY JECT FILOC PRODUCTS-COMPIOPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE UMII Ea accident $ 1,000,000 ANYAUTO 10/03/2017 10/03/2018 BODILY INJURY(Per person) $ $ AALL UTOS OWNED X SCHEDULED 04178149-0 BODILY INJURY(Per accident) $ AUTOS X HIRED AUTO X AUTOS NON-OWNED Per accident $ AUTOS $ UMBRELLA LIAR 1( OCCUR EACH OCCURRENCE s 2,000,000 ZIP-31M67567-17-NF 10/03/2017 l0/03/2ols D X EXCESS LIAR CLAIMS-MADE AGGREGATE s 2,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION X STATUTE ER PERJ7 AND EMPLOYERS'LIABILITY YIN 10/21/2017 10/21/2018 ANY PROPRIETORIPARTNERlEXECUTIVE 0001298423 E.L.EACH ACCIDENT $ 1,000,000 C OFFiCERIMEMBER EXCLUDED? ❑N/A (MandMGry In NH) E.L.DISEASE-EA EMPLOYEI $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 E Equipment Floater 790024396-0000 01/27/2018 01/27/2019 Leased & Hired Equip 250k per item lm agg DESCRIPTION OF OPERATIONS r LOCATIONS I VEHICLES ( 101,Additional Remarks Shcedule,may be attached if more space is required) The City of Fort Worth is named as an additional insured. A Waiver of Subrogation in favor of The City of Fort Worth applies for General Liability and Workers Compensation as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL B DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS, I 1000 Throckmorton Fort Worth, TX 76102 AUTHORIZED REPR ENTATIVE 01988-2013 ACORD CORPORATI N. All rights reserved. ACORD25(2013/04) The ACORD name and logo are registered marks of ACORD 006125-1 CERTIFICATE OF INSURANCE Page 1 of 1 1 SECTION 00 6125 2 CERTIFICATE OF INSURANCE 3 4 5 6 [Assembler: For Contract Document execution, remove this page and replace with standard 7 -4 CORD Certificate of Insurance form.] 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION CITY OF FORT WORTH Repair and Repainting of Seminary Hill and STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 THIS PAGE INTENTIONALLY LEFT BLANK 00 72 00 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology...........................................................................................................1 1.1 Defined Terms................................................................................................................................1 1.2 Terminology...................................................................................................................................6 Article2—Preliminary Matters..........................................................................................................................7 2.1 Copies of Documents.....................................................................................................................7 2.2 Commencement of Contract Time;Noticeto Proceed..............................................................7 2.3 Starting the Work...........................................................................................................................8 2.4 Before Starting Construction.........................................................................................................8 2.5 Preconstruction Conference...........................................................................................................8 2.6 Public Meeting..........................................................................................................................8 2.7 Initial Acceptance of Schedules.....................................................................................................8 Article 3 —Contract Documents: Intent,Amending,Reuse.............................................................................8 3.1 Intent...............................................................................................................................................8 3.2 Reference Standards.......................................................................................................................9 3.3 Reporting and Resolving Discrepancies........................................................................................9 3.4 Amending and Supplementing Contract Documents................................................................. 10 3.5 Reuse of Documents....................................................................................................................10 3.6 Electronic Data.......................................................................................................................11 Article 4—Availability of Lands; Subsurface and Physical Conditions;Hazardous Environmental Conditions;Reference Points .......................................................................................................11 4.1 Availability of Lands...................................................................................................................11 4.2 Subsurface and Physical Conditions........................................................................................... 12 4.3 Differing Subsurface or Physical Conditions..........................................................................12 4.4 Underground Facilities.................................................................................................................13 4.5 Reference Points.....................................................................................................................14 4.6 Hazardous Environmental Condition at Site............................................................................14 Article 5 —Bonds and Insurance.......................................................................................................................16 5.1 Licensed Sureties and Insurers.....................................................................................................16 5.2 Performance,Payment, and Maintenance Bonds....................................................................... 16 5.3 Certificates of Insurance...............................................................................................................16 5.4 Contractor's Insurance.................................................................................................................18 5.5 Acceptance of Bonds and Insurance; Option to Replace.........................................................19 Article 6—Contractor's Responsibilities..........................................................................................................19 6.1 Supervision and Superintendence................................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 6.2 Labor; Working Hours............................................................................................................20 6.3 Services,Materials, and Equipment.............................................................................................20 6.4 Project Schedule .....................................................................................................................21 6.5 Substitutes and"Or-Equals" .......................................................................................................21 6.6 Concerning Subcontractors, Suppliers, and Others....................................................................24 6.7 Wage Rates.............................................................................................................................25 6.8 Patent Fees and Royalties.............................................................................................................26 6.9 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 atthe Site...............................................................................................................35 7.1 Related Work at Site...............................................................................................................35 7.2 Coordination.................................................................................................................................36 Article 8-City's Responsibilities....................................................................................................................36 8.1 Communications to Contractor................................................................................................... 36 8.2 Furnish Data............................................................................................................................36 8.3 Pay When Due........................................................................................................................36 8.4 Lands and Easements; Reports and Tests................................................................................36 8.5 Change Orders..............................................................................................................................36 8.6 Inspections,Tests, and Approvals............................................................................................... 36 8.7 Limitations on City's Responsibilities........................................................................................ 37 8.8 Undisclosed Hazardous Environmental Condition..................................................................37 8.9 Compliance with Safety Program................................................................................................37 Article 9-City's Observation StatusDuring Construction............................................................................37 9.1 City's Project Manager...............................................................................................................37 9.2 Visits to Site............................................................................................................................37 9.3 Authorized Variations in Work................................................................................................... 38 9.4 Rejecting Defective Work.......................................................................................................38 9.5 Determinations for Work Performed.......................................................................................... 38 9.6 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 Article 10—Changes in the Work;Claims;Extra Work.................................................................................38 10.1 Authorized Changes in the Work................................................................................................38 102 Unauthorized Changes in the Work.............................................................................................39 103 Execution ofChange Orders...................................................................................................39 104 Extra Work...................................................................................................................................39 105 Notification to Surety..............................................................................................................39 10.6 Contract Claims Process..............................................................................................................40 Article 11 —Cost of the Work;Allowances;Unit Price Work;Plans Quantity Measurement......................41 11.1 Cost ofthe Work..........................................................................................................................41 112 Allowances.............................................................................................................................43 113 Unit Price Work...........................................................................................................................44 114 Plans Quantity Measurement.......................................................................................................45 Article 12—Change of Contract Price;Change of Contract Time..................................................................46 121 Change of Contract Price.............................................................................................................46 122 Change of Contract Time............................................................................................................47 123 Delays...........................................................................................................................................47 Article 13 —Tests and Inspections;Correction,Removal or Acceptance of Defective Work.......................48 13.1 Notice of Defects.........................................................................................................................48 132 Access to Work............................................................................................................................48 133 Tests and Inspections...................................................................................................................48 134 Uncovering Work........................................................................................................................49 135 City May Stop the Work..............................................................................................................49 13.6 Correction or Removal of Defective Work.................................................................................50 13.7 Correction Period.........................................................................................................................50 13.8 Acceptance ofDefective Work...................................................................................................51 139 City May Correct Defective Work..............................................................................................51 Article 14—Payments to Contractor and Completion.................................................................................52 14.1 Schedule of Values.................................................................................................................52 142 Progress Payments.......................................................................................................................52 143 Contractor's Warranty of Title................................................................................................54 144 Partial Utilization.........................................................................................................................55 145 Final Inspection............................................................................................................................55 14.6 Final Acceptance....................................................................................................................55 14.7 Final Payment...............................................................................................................................56 14.8 Final Completion Delayed and Partial Retainage Release.......................................................56 149 Waiver of Claims.........................................................................................................................57 Article 15 —Suspension of Work and Termination..........................................................................................57 15.1 City May Suspend Work..............................................................................................................57 152 City May Terminate for Cause................................................................................................58 153 City May Terminate For Convenience........................................................................................60 Article 16—Dispute Resolution.......................................................................................................................61 16.01 Methods and Procedures..............................................................................................................61 MY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 Article17—Miscellaneous...............................................................................................................................62 17.1 Giving Notice.........................................................................................................................62 172 Computation of Times.................................................................................................................62 173 Cumulative Remedies..................................................................................................................62 174 Survival of Obligations................................................................................................................63 175 Headings.................................................................................................................................63 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 00 72 00-1 GENERAL CONDITIONS Pagel of 63 ARTICLE 1 –DEFINITIONS AND TERMINOLOGY 1.1 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. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form,if any,and the Bid Form with any supplements. 10. Business Day–A business day is defined as a day that the City conducts normal business, generally Monday through Friday,except for federal or state holidays observed by the City. 11. Buzzsaw–City's on-line, electronic document management and collaboration system. 12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 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 fordefinition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-I GENERAL CONDITIONS Page 3 of 63 25. Damage Claims – A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 26. Day or day–A day,unless otherwise defined,shall mean a Calendar Day. 27. Director of Aviation – The officially appointed Director of the Aviation Department of the City of Fort Worth,Texas, or his duly appointed representative, assistant, or agents. 28. Director of Parks and Community Services– The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or 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 ofaward. 37. Final Acceptance – The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 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 theAgreement. 47. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs—Polychlorinated biphenyls. 49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50. Plans–See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 00 7200-1 GENERAL CONDITIONS Page 5 of 63 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project—The Work to be performed under the Contract Documents. 53. Project Manager—The authorized representative of the City who will be assigned to the Site. 54. Public Meeting – An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.)as amended from time to time. 56. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday(excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed,including rights-of-way,permits,and easements for access thereto,and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications—That part of the Contract Documents consisting of written requirements for materials,equipment,systems, standards and workmanship as applied to the Work,and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached,may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 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 fordefinition. 70. Weekend Working Hours—Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day—A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m.and 6 p.m. 1.2 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 orAdjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 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 recognizedmeaning. ARTICLE 2—PRELIMINARY MATTERS 2.1 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.2 Commencement of Contract Time;Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed.A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 8 of 63 2.3 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. 2.4 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.5 Preconstruction Conference Before any Work at the Site is started,the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.6 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. 2.7 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 3.1 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof]to be constructed in accordance with the Contract Documents.Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form,format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 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. 3.2 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. 3.3 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard, specification, manual, or code,or(c) any instruction of any Supplier,then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby(except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: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 Paragraph3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual,or the instruction of any Supplier(whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.4 Amending and Supplementing ContractDocuments 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 ofthe 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. 3.5 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.6 Electronic Data A. Unless otherwise stated in the Supplementary Conditions,the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text,data,graphics,or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies,the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility,usability,or readability of documents resulting from the use of software application packages, operating systems,or computer hardware differing from those used by the data's creator. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS;REFERENCE POINTS 4.1 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 byothers. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 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. 4.2 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 respectto: 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. 4.3 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate;or 2. is of such a nature as to require a change in the Contract Documents;or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 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 TimeAdjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if- 1. £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 anegotiated 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. 4.4 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others;and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities,including City, during construction;and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated.- 1. ndicated:1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 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. 4.5 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. 4.6 Hazardous Environmental Condition atSite 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 respectto: 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings;or 3. any Contractor interpretation of or conclusion drawn from any "technical data"or any such other data, interpretations,opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby(except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work;or(ii)specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe,or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 16 of 63 ARTICLE 5—BONDS AND INSURANCE 5.1 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. 5.2 Performance, Payment, and Maintenance Bonds A Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch,U.S.Department of the Treasury.All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification,provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.3 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. CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 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. 5.4 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. R 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 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. 5.5 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 6.1 Supervision and Superintendence A Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means,methods,techniques, sequences, and procedures of construction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 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. 6.2 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. 6.3 Services, Materials, and Equipment A Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up,and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests)as to the source,kind,and quality of materials and equipment. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDMONS 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. 6.4 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 013 2 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. 6.5 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. £a. the City determinesthat: 1) it is at least equal in materials of construction, quality, durability,appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 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 01 25 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to thatspecified; c) be suited to the same use as that specified;and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 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. a Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13.City may require Contractor to furnish additional data about the proposed substitute.City will be the sole judge of acceptability. No "or-equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an"or-equal."City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents(or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal"at Contractor's expense. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 00 72 00-1 GENERAL CONDITIONS Page 24 of 63 G City Substitute Reimbursement: Costs(savings or charges)attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H Time Extensions:No additional time will be granted for substitutions. 6.6 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 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 ofCity. 6.7 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 225 8.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates,such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 00 72 00-1 GENERAL CONDITIONS Page 26 of 63 D Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq.,Revised Statutes)if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 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 competentjurisdiction. 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. E 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. GL 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. 6.8 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. R 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 CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 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. 6.9 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 6.09.13. 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 ofEngineers 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. 13. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations,Contractor shall bear all claims,costs,losses,and damages(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 00 72 00-1 GENERAL CONDITIONS Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 611 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. htip://www.window.state.tx.us/taxinfo/taxforrns/93-forms.html 612 Use of Site and Other Areas A Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment.Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work,the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-I 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. a 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 Contractorand approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference.Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 6.14 Safety and Protection A Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 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. R 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 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 byCity; 6. any inspection,test, or approval by others;or 7. any correction of defective Work byCity. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.B. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE, CAUSED, IN WHOLE OR IN PART, BY ANY ACT. OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include,without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. R Contractor covenants and agrees to indemnify and hold harmless,at its own expense,the City, its officers,servants and employees,from and against any and all loss,damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 34 of 63 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROUN 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. R If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 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 maybe requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race,color,or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7—OTHER WORK AT THE SITE 7.1 Related Work at Site A City may perform other work related to the Project at the Site with City's employees, or other City contractors,or through other direct contracts therefor,or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work;and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner,and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site,provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however,that Contractor may cut or alter others'work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 36 of 63 7.2 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 8.1 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.2 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.3 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.4 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. 8.5 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.6 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 37 of 63 8.7 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. 8.8 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.9 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 9.1 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< insert name here >, or his/her successor pursuant to written notification from the Director of < insert managing department here>. 9.2 Visits to Site A City's Project Manager will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Manager will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Manager will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Manager's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Manager's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 38 of 63 9.3 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. 9.4 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. 9.5 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). 9.6 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 ofthe 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 10.1 Authorized Changes in the Work A Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 39 of 63 10.2 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. 10.3 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. 10.4 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. 10.5 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 00 72 00-1 GENERAL CONDITIONS Page 40 of 63 10.6 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. R 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 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 11.1 Cost of the Work A Costs Included.- The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.13, and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55%markup,or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 00 72 00-1 GENERAL CONDITIONS Page 42 of 63 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City,who will then determine,which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers,which are consumed in the performance of the Work, and cost,less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor,any Subcontractor,or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. f. The cost of utilities,fuel,and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 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 11.0I.A.I or specifically covered by Paragraph 11.0I.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2 Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied,and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth inParagraph 12.01.C. D Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.2 Allowances A Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B Pre-bid Allowances: 1. Contractor agrees that: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 44 of 63 a. the pre-bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site,and all applicable taxes;and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre-bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance:Contractor agrees that a contingency allowance,if any,is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.3 Unit Price Work A Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement;and 2 there is no corresponding adjustment with respect to any other item of Work. E Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 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 unitprice. 11.4 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. a 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 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 12.1 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.B.2, on the basis of the Cost of the Work(determined as provided in Paragraph 11.01)plus a Contractor's fee for overhead and profit(determined as provided in Paragraph 12.0 LC). 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.O1.A.1, 11.O1.A.2.and 11.01.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.0I.A.4 and 11.0I.A.5,the Contractor's fee shall be five percent(5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 00 72 00-1 GENERAL CONDITIONS Page 47 of 63 tier,will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 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 11.0 LA.6, and 11.01.13; 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. 12.2 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. 12.3 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor,the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any,which is to be furnished by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 48 of 63 ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 Notice ofDefects 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. 13.2 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. 13.3 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. a 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 SupplementaryConditions. C Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations acceptable to City. D City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible,with Contractor; 2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-I 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. 13.4 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. 13.5 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents,City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 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. 13.6 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. R 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. 13.7 Correction Period A If within two(2) years after the date of Final Acceptance(or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas;or 2. correct such defective Work;or 3. if the defective Work has been rejected by City,remove it from the Project and replace it with Work that is not defective,and 4. satisfactorily correct or repair or remove and replace any damage to other Work,to the work of others or other land or areas resulting therefrom. a If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects,attorneys, and other professionals and all court or other dispute resolution costs)arising out of or relating to such correction or repair or such removal and replacement(including but not limited to all costs of repair or replacement of work of others)will be paid by Contractor. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 51 of 63 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim, pursuant to Paragraph 10.06. E Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of,the provisions of any applicable statute of limitation orrepose. 13.8 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.9 City May Correct Defective Work A If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven(7) days written notice to Contractor, correct,or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 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 14.1 Schedule ojValues 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. 14.2 Progress Payments A. Applications for Payments: 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment,Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment,each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 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 ofCity's knowledge: a. the Work has progressed to thepoint indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance,the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents;or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor, or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in previous applications forpayment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 00 72 00-1 GENERAL CONDITIONS Page 54 of 63 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. 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. 14.3 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment,whether incorporated in the Project or not,will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 55 of 63 14.4 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 intendeduse. 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. 14.5 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. 14.6 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 56 of 63 14.7 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 Contractoror; 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. 14.8 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 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. 14.9 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 I5.1 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed.During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 58 of 63 15.2 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 forcause: 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.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City;or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature,the correction of which has been directed in writing by the City;or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A.occur,City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 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 15.02.8, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 60 of 63 15.3 City May Terminate ForConvenience 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 oftermination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination;and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination;and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list,certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 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 16.1 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after termination of the mediation unless,within that time period,City or Contractor: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 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 17.1 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. 17.2 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. 17.3 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 63 of 63 17.4 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. 17.5 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007300-1 SUPPLEMENTARY CONDITIONS Page I of 6 1 SECTION 00 73 00 2 SUPPLEMENTARY CONDITIONS 3 TO 4 GENERAL CONDITIONS 5 6 7 Supplementary Conditions 8 9 These Supplementary Conditions modify and supplement Section 00 72 00-General Conditions,and other 10 provisions of the Contract Documents as indicated below.All provisions of the General Conditions that are 11 modified or supplemented remain in full force and effect as so modified or supplemented.All provisions 12 of the General Conditions which are not so modified or supplemented remain in full force and effect. 13 14 Defined Terms 15 16 The terms used in these Supplementary Conditions which are defined in the General Conditions have the 17 meaning assigned to them in the General Conditions,unless specifically noted herein. 18 19 Modifications and Supplements 20 21 The following are instructions that modify or supplement specific paragraphs in the General Conditions and 22 other Contract Documents. 23 24 SC-3.03B.2,"Resolving Discrepancies" 25 26 Plans govern over Specifications. 27 28 SC-4.01A 29 30 Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. 31 Upon receiving the final easements descriptions,Contractor shall compare them to the lines shown on the 32 Contract Drawings. 33 34 SC-4.01A.1.,"Availability of Lands" 35 36 The following is a list of known outstanding right-of-way,and/or easements to be acquired,if any asof 37 October 23,2017: 38 39 Outstanding Right-Of-Way,and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION None 40 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 41 and do not bind the City. 42 43 If Contractor considers the final easements provided to differ materially from the representations on the 44 Contract Drawings, Contractor shall within five (5)Business Days and before proceeding with the Work, 45 notify City in writing associated with the differing easement line locations. 46 47 SC-4.01A.2,"Availability of Lands" CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 22,2016 and Willow Springs Elevated Tanks Project Number 100886 007300-3 SUPPLEMENTARY CONDITIONS Page 3 of 6 1 2 Utilities or obstructions to be removed,adjusted,and/or relocated 3 4 The following is list of utilities and/or obstructions that have not been removed,adjusted,and/or relocated 5 as of October 23, 2017: 6 EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT None ..................--.....................................................................--...........-............................................-...........---....................................................................................................................._........................................................................................-......................................................................... 7 The Contractor understands and agrees that the dates listed above are estimates only,are not guaranteed, 8 and do not bind the City. 9 10 SC-4.02A.,"Subsurface and Physical Conditions" 11 12 The following are reports of explorations and tests of subsurface conditions at the site of the Work: 13 14 Two Engineer's Reports of Inspection,both dated August 29,2017,prepared by Dunham Engineering, Inc, a 15 consultant of the City,providing additional information on the Repair and Repainting of Seminary Hill and 16 Willow Springs Elevated Tanks, City Project No. 100886 17 The following are drawings of physical conditions in or relating to existing surface and subsurface 18 structures(except Underground Facilities)which are at or contiguous to the site of the Work: 19 See Site Plans in Drawings Section 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 theirrespective 29 officers,directors,agents and employees. 30 31 (1) City 32 (2) Consultant: Dunham Engineering, Inc. 33 (3)Other:None 34 35 [Obtain approval for the limits shown for SC 5.04A thru 5.04D.from City before finalizing Contract 36 Documents] 37 38 SC-5.04A.,"Contractor's Insurance" 39 40 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following 41 coverages for not less than the following amounts or greater where required by laws and regulations: 42 43 5.04A. Workers'Compensation,under Paragraph GC 5.04A.44 45 Statutory limits 46 Employer's liability 47 $100,000 each accident/occurrence 48 $100,000 Disease-each employee 49 $500,000 Disease-policy limit CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 22,2016 and Willow Springs Elevated Tanks Project Number 100886 007300-3 SUPPLEMENTARY CONDITIONS Page 3 of 6 1 2 SC-5.04B.,"Contractor's Insurance" 3 4 5.04B.Commercial General Liability,under Paragraph GC-5.0413.Contractor's Liability Insurance 5 under Paragraph GC-5.04B.,which shall be on a per project basis covering the Contractor with 6 minimum limits of: 7 8 $1,000,000 eachoccurrence 9 $2,000,000 aggregate limit 10 11 The policy must have an endorsement(Amendment—Aggregate Limits of Insurance)making the 12 General Aggregate Limits apply separately to each job site. 13 14 The Commercial General Liability Insurance policies shall provide"X","C",and"U"coverage's. 15 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 16 17 SC 5.04C.,"Contractor's Insurance" 18 5.04C.Automobile Liability,under Paragraph GC-5.04C.Contractor's Liability Insurance under 19 Paragraph GC-5.04C.,which shall be in an amount not less than the following amounts: 20 21 (1) Automobile Liability-a commercial business policy shall provide coverage on"Any Auto", 22 defined as autos owned,hired and non-owned. 23 24 $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at 25 least: 26 27 $250,000 Bodily Injury per person/ 28 $500,000 Bodily Injury per accident/ 29 $100,000 Property Damage 30 31 SC-5.04D.,"Contractor's Insurance" 32 33 The Contractor's construction activities will require its employees,agents,subcontractors,equipment,and 34 material deliveries to cross railroad properties and tracks owned and operated by:None. 35 36 The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, 37 hinder,or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains 38 or other property.Such operations on railroad properties may require that Contractor to execute a"Right of 39 Entry Agreement"with the particular railroad company or companies involved,and to this end the 40 Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute 41 the right-of-entry(if any)required by a railroad company.The requirements specified herein likewise relate 42 to the Contractor's use of private and/or construction access roads crossing said railroad company's 43 properties. 44 45 The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide 46 coverage for not less than the following amounts,issued by companies satisfactory to the City and to the 47 Railroad Company for a term that continues for so long as the Contractor's operations and work cross, 48 occupy,or touch railroad property: 49 50 (1) General Aggregate: $Confirm Limits with Railroad 51 52 (2) Each Occurrence: $Confirm Limits with Railroad 53 54 Required for this Contract X Not required for this Contract 55 CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 22,2016 and Willow Springs Elevated Tanks Project Number 100886 007300-4 SUPPLEMENTARY CONDITIONS Page 4 of 6 1 2 With respect to the above outlined insurance requirements,the following shall govern: 3 4 1. Where a single railroad company is involved,the Contractor shall provide one insurance policy in 5 the name of the railroad company. However, if more than one grade separation or at-grade 6 crossing is affected by the Project at entirely separate locations on the line or lines of the same 7 railroad company,separate coverage may be required,each in the amount stated above. 8 9 2. Where more than one railroad company is operating on the same right-of-way or where several 10 railroad companies are involved and operated on their own separate rights-of-way,the Contractor 11 maybe required to provide separate insurance policies in the name of each railroad company. 12 13 3. If,in addition to a grade separation or an at-grade crossing,other work or activity is proposed on a 14 railroad company's right-of-way at a location entirely separate from the grade separation or at- 15 grade crossing, insurance coverage for this work must be included in the policy covering the grade 16 separation. 17 18 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- 19 way,all such other work may be covered in a single policy for that railroad,even though the work 20 may be at two or more separate locations. 21 22 No work or activities on a railroad company's property to be performed by the Contractor shall be 23 commenced until the Contractor has furnished the City with an original policy or policies of the insurance 24 for each railroad company named,as required above. All such insurance must be approved by the City and 25 each affected Railroad Company prior to the Contractor's beginning work. 26 27 The insurance specified above must be carried until all Work to be performed on the railroad right-of-way 28 has been completed and the grade crossing,if any,is no longer used by the Contractor.In addition, 29 insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. 30 Such insurance must name the railroad company as the insured,together with any tenant or lessee of the 31 railroad company operating over tracks involved in the Project. 32 33 SC-6.04.,"Project Schedule" 34 35 Project schedule shall be tier 3 for the project. 36 37 SC-6.07.,"Wage Rates" 38 39 The following is the prevailing wage rate table(s)applicable to this project and is provided inthe 40 Appendixes:CFW Vertical Wage Rate Table. 41 42 SC-6.09.,"Permits and Utilities" 43 44 SC-6.09A.,"Contractor obtained permits and licenses" 45 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 46 All required construction permits are to be obtained and paid for by Contractor. 47 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:None 50 51 SC-6.09C."Outstanding permits and licenses" 52 53 The following is a list of known outstanding permits and/or licenses to be acquired,if any as of October 54 23, 2017: 55 CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised January 22,2016 Project Number 100886 007300-5 SUPPLEMENTARY CONDITIONS Page 5 of 6 1 Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None 2 3 <Insert the following if Federal assistance is provided for in this Contract> 4 SC-6.24B.,"Title VI,Civil Rights Act of 1964 as amended" 5 6 During the performance of this Contract,the Contractor,for itself,its assignees and successors in interest 7 (hereinafter referred to as the "Contractor")agrees as follows: 8 9 1. Compliance with Regulations:The Contractor shall comply with the Regulation relativeto 10 nondiscrimination in Federally-assisted programs of the Department of Transportation(hereinafter, I 1 "DOT")Title 49,Code of Federal Regulations,Part 21,as they may be amended from time to time, 12 (hereinafter referred to as the Regulations),which are herein incorporated by reference and made apart 13 of this contract. 14 15 2. Nondiscrimination: The Contractor,with regard to the work performed by it during the contract,shall 16 not discriminate on the grounds of race,color,or national origin,in the selection and retention of 17 subcontractors,including procurements of materials and leases of equipment.The Contractor shall not 18 participate either directly or indirectly in the discrimination prohibited by 49 CFR,section 21.5 of the 19 Regulations,including employment practices when the contract covers a program set forth in 20 Appendix B of the Regulations. 21 22 3. Solicitations for Subcontractors,Including Procurements of Materials and Equipment: Inall 23 solicitations either by competitive bidding or negotiation made by the contractor for work to be 24 performed under a subcontract,including procurements of materials or leases of equipment,each 25 potential subcontactor or supplier shall be notified by the Contractor of the Contractor's obligations 26 under this contract and the Regulations relative to nondiscrimination on the grounds of race,color,or 27 national origin. 28 29 4. Information and Reports:The Contractor shall provide all information and reports required by the 30 Regulations or directives issued pursuant thereto,and shall permit access to its books,records, 31 accounts,other sources of information and its facilities as may be determined by City or the Texas 32 Department of Transportation to be pertinent to ascertain compliance with such Regulations,orders 33 and instructions. Where any information required of a contractor is in the exclusive possession of 34 another who fails or refuses to furnish this information the contractor shall so certify to the City,or the 35 Texas Department of Transportation,as appropriate,and shall set forth what efforts it has made to 36 obtain the information. 37 38 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance withthe 39 nondiscrimination provisions of this Contract,City shall impose such contract sanctions as it or the 40 Texas Department of Transportation may determine to be appropriate,including,but not limited to: 41 42 a. withholding of payments to the Contractor under the Contract until the Contractor 43 complies,and/or 44 b. cancellation,termination or suspension of the Contract,in whole or in part. 45 46 6. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs(1) through 47 (6)in every subcontract,including procurements of materials and leases of equipment,unlessexempt 48 by the Regulations,or directives issued pursuant thereto.The Contractor shall take such action with 49 respect to any subcontract or procurement as City or the Texas Department of Transportation may 50 direct as a means of enforcing such provisions including sanctions for non-compliance:Provided, CITY OF FORT WORTH Repair and Repainting of Seminary Kill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised January 22,2016 Project Number 100886 007300-6 SUPPLEMENTARY CONDITIONS Page 6 of 6 1 however,that,in the event a contractor becomes involved in,or is threatened with,litigation with a 2 subcontractor or supplier as a result of such direction,the contractor may request City to enter into 3 such litigation to protect the interests of City,and,in addition,the contractor may request the United 4 States to enter into such litigation to protect the interests of the United States. 5 6 Additional Title VI requirements can be found in the Appendix. 7 8 SC-7.02.,"Coordination" 9 10 The individuals or entities listed below have contracts with the City for the performance of other work at 11 the Site: 12 Vendor Scope of Work Coordination Authority None None City 13 14 15 SC-8.01,"Communications to Contractor" 16 17 See Section 13 02 00 18 19 SC-9.01.,"City's Project Manager" 20 21 The City's Project Manager for this Contract is Dena Johnson,or his/her successor pursuant to written 22 notification from the Director of the Water Department. 23 24 SC-13.03C.,"Tests and Inspections" 25 26 Contractor is responsible for his own quality control(QC). Engineer will provide quality assurance(QA) 27 inspection on a hold-point basis. 28 29 SC-16.01C.1,"Methods and Procedures" 30 31 None. 32 33 34 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 Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised January 22,2016 Project Number 100886 011100-1 SUMMARY OF WORK Page 1 of 3 1 SECTION 01 11 00 2 SUMMARY OF WORK 3 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 3. Division 13—Special Construction 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Work Covered by Contract Documents 20 1. Work is to include furnishing all labor,materials,and equipment,and performing 21 all Work necessary for this construction project as detailed in the Drawings and 22 Specifications. 23 2. Repair and Repainting of Seminary Hill and Willow Springs Elevated Tanks 24 a. See Section 13 02 00—Water Storage Tank Rehabilitation 25 B. Subsidiary Work 26 1. Any and all Work specifically governed by documentary requirements for the 27 project, such as conditions imposed by the Drawings or Contract Documents in 28 which no specific item for bid has been provided for in the Proposal and the item is 29 not a typical unit bid item included on the standard bid item list,then the item shall 30 be considered as a subsidiary item of Work,the cost of which shall be included in 31 the price bid in the Proposal for various bid items. 32 C. Use of Premises 33 1. Coordinate uses of premises under direction of the City. 34 2. Assume full responsibility for protection and safekeeping of materials and 35 equipment stored on the Site. CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised December 20,2012 Project Number 100886 01 11 00-2 SUMMARY OF WORK Page 2 of 3 1 3. Use and occupy only portions of the public streets and alleys, or other public places 2 or other rights-of-way as provided for in the ordinances of the City, as shown in the 3 Contract Documents, or as may be specifically authorized in writing by the City. 4 a. A reasonable amount of tools,materials, and equipment for construction 5 purposes may be stored in such space,but no more than is necessary to avoid 6 delay in the construction operations. 7 b. Excavated and waste materials shall be stored in such a way as not to interfere 8 with the use of spaces that may be designated to be left free and unobstructed 9 and so as not to inconvenience occupants of adjacent property. 10 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 11 manner as not to interfere with the operation of the railroad. 12 1) All Work shall be in accordance with railroad requirements set forth in 13 Division 0 as well as the railroad permit. 14 D. Work within Easements 15 1. Do not enter upon private property for any purpose without having previously 16 obtained permission from the owner of such property. 17 2. Do not store equipment or material on private property unless and until the 18 specified approval of the property owner has been secured in writing by the 19 Contractor and a copy furnished to the City. 20 3. Unless specifically provided otherwise,clear all rights-of-way or easements of 21 obstructions which must be removed to make possible proper prosecution of the 22 Work as a part of the project construction operations. 23 4. Preserve and use every precaution to prevent damage to, all trees,shrubbery,plants, 24 lawns, fences,culverts,curbing, and all other types of structures or improvements, 25 to all water, sewer, and gas lines,to all conduits, overhead pole lines, or 26 appurtenances thereof, including the construction of temporary fences and to all 27 other public or private property adjacent to the Work. 28 5. Notify the proper representatives of the owners or occupants of the public or private 29 lands of interest in lands which might be affected by the Work. 30 a. Such notice shall be made at least 48 hours in advance of the beginning of the 31 Work. 32 b. Notices shall be applicable to both public and private utility companies and any 33 corporation, company, individual, or other,either as owners or occupants, 34 whose land or interest in land might be affected by the Work. 35 c. Be responsible for all damage or injury to property of any character resulting 36 from any act, omission,neglect,or misconduct in the manner or method or 37 execution of the Work,or at any time due to defective work,material,or 38 equipment. 39 6. Fence 40 a. Restore all fences encountered and removed during construction of the Project 41 to the original or a better than original condition. 42 b. Erect temporary fencing in place of the fencing removed whenever the Work is 43 not in progress and when the site is vacated overnight,and/or at all times to 44 provide site security. CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised December 20,2012 Project Number 100886 01 11 00-3 SUMMARY OF WORK Page 3 of 3 1 c. The cost for all fence work within easements, including removal,temporary 2 closures and replacement, shall be subsidiary to the various items bid in the 3 project proposal, unless a bid item is specifically provided in the proposal. 4 1.5 SUBMITTALS [NOT USED] 5 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 6 1.7 CLOSEOUT SUBMITTALS [NOT USED] 7 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 8 1.9 QUALITY ASSURANCE [NOT USED] 9 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 10 1.11 FIELD [SITE] CONDITIONS [NOT USED] 11 1.12 WARRANTY [NOT USED] 12 PART 2 - PRODUCTS [NOT USED] 13 PART 3- EXECUTION [NOT USED] 14 END OF SECTION 15 Revision Log DATE NAME SUMMARY OF CHANGE 16 CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised December 20,2012 Project Number 100886 THIS PAGE INTENTIONALLY LEFT BLANK 01 25 00-1 SUBSTITUTION PROCEDURES Page 1 of 4 1 SECTION 0125 00 2 SUBSTITUTION PROCEDURES 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedure for requesting the approval of substitution of a product that is not 7 equivalent to a product which is specified by descriptive or performance criteria or 8 defined by reference to 1 or more of the following: 9 a. Name of manufacturer 10 b. Name of vendor 11 c. Trade name 12 d. Catalog number 13 2. Substitutions are not"or-equals". 14 B. Deviations from this City of Fort Worth Standard Specification 15 1. None. 16 C. Related Specification Sections include,but are not necessarily limited to: 17 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 18 2. Division 1 —General Requirements 19 3. Division 13—Special Construction 20 1.2 PRICE AND PAYMENT PROCEDURES 21 A. Measurement and Payment 22 1. Work associated with this Item is considered subsidiary to the various items bid. 23 No separate payment will be allowed for this Item. 24 1.3 REFERENCES [NOT USED] 25 1.4 ADMINISTRATIVE REQUIREMENTS 26 A. Request for Substitution-General 27 1. Within 30 days after award of Contract(unless noted otherwise),the City will 28 consider formal requests from Contractor for substitution of products in place of 29 those specified. 30 2. Certain types of equipment and kinds of material are described in Specifications by 31 means of references to names of manufacturers and vendors,trade names,or 32 catalog numbers. 33 a. When this method of specifying is used,it is not intended to exclude from 34 consideration other products bearing other manufacturer's or vendor's names, 35 trade names,or catalog numbers,provided said products are"or-equals," as 36 determined by City. 37 3. Other types of equipment and kinds of material may be acceptable substitutions 38 under the following conditions: CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 01 2500-2 SUBSTITUTION PROCEDURES Page 2 of 4 1 a. Or-equals are unavailable due to strike, discontinued production of products 2 meeting specified requirements,or other factors beyond control of Contractor; 3 or, 4 b. Contractor proposes a cost and/or time reduction incentive to the City. 5 1.5 SUBMITTALS 6 A. See Request for Substitution Form(attached) 7 B. Procedure for Requesting Substitution 8 1. Substitution shall be considered only: 9 a. After award of Contract 10 b. Under the conditions stated herein 11 2. Submit 3 copies of each written request for substitution,including: 12 a. Documentation 13 1) Complete data substantiating compliance of proposed substitution with 14 Contract Documents 15 2) Data relating to changes in construction schedule,when a reduction is 16 proposed 17 3) Data relating to changes in cost 18 b. For products 19 1) Product identification 20 a) Manufacturer's name 21 b) Telephone number and representative contact name 22 c) Specification Section or Drawing reference of originally specified 23 product, including discrete name or tag number assigned to original 24 product in the Contract Documents 25 2) Manufacturer's literature clearly marked to show compliance of proposed 26 product with Contract Documents 27 3) Itemized comparison of original and proposed product addressing product 28 characteristics including,but not necessarily limited to: 29 a) Size 30 b) Composition or materials of construction 31 c) Weight 32 d) Electrical or mechanical requirements 33 4) Product experience 34 a) Location of past projects utilizing product 35 b) Name and telephone number of persons associated with referenced 36 projects knowledgeable concerning proposed product 37 c) Available field data and reports associated with proposed product 38 5) Samples 39 a) Provide at request of City. 40 b) Samples become the property of the City. 41 c. For construction methods: 42 1) Detailed description of proposed method 43 2) Illustration drawings 44 C. Approval or Rejection 45 1. Written approval or rejection of substitution given by the City CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 012500-3 SUBSTITUTION PROCEDURES Page 3 of 4 1 2. City reserves the right to require proposed product to comply with color and pattern 2 of specified product if necessary to secure design intent. 3 3. In the event the substitution is approved,the resulting cost and/or time reduction 4 will be documented by Change Order in accordance with the General Conditions. 5 4. No additional contract time will be given for substitution. 6 5. Substitution will be rejected if: 7 a. Submittal is not through the Contractor with his stamp of approval 8 b. Request is not made in accordance with this Specification Section 9 c. In the City's opinion, acceptance will require substantial revision of the original 10 design 11 d. In the City's opinion, substitution will not perform adequately the function 12 consistent with the design intent 13 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 14 1.7 CLOSEOUT SUBMITTALS [NOT USED] 15 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 16 1.9 QUALITY ASSURANCE 17 A. In making request for substitution or in using an approved product, the Contractor 18 represents that the Contractor: 19 1. Has investigated proposed product, and has determined that it is adequate or 20 superior in all respects to that specified, and that it will perform function for which 21 it is intended 22 2. Will provide same guarantee for substitute item as for product specified 23 3. Will coordinate installation of accepted substitution into Work,to include building 24 modifications if necessary,making such changes as may be required for Work to be 25 complete in all respects 26 4. Waives all claims for additional costs related to substitution which subsequently 27 arise 28 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 29 1.11 FIELD [SITE] CONDITIONS [NOT USED] 30 1.12 WARRANTY [NOT USED] 31 PART 2- PRODUCTS [NOT USED] 32 PART 3- EXECUTION [NOT USED] 33 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 34 CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 01 2500-4 SUBSTITUTION PROCEDURES Page 4 of 4 1 EXHIBIT A 2 REQUEST FOR SUBSTITUTION FORM: 3 4 TO: 5 PROJECT: DATE: 6 We hereby submit for your consideration the following product instead of the specified item for 7 the above project: 8 SECTION PARAGRAPH SPECIFIED ITEM 9 10 11 Proposed Substitution: 12 Reason for Substitution: 13 Include complete information on changes to Drawings and/or Specifications which proposed 14 substitution will require for its proper installation. 15 16 Fill in Blanks Below: 17 A. Will the undersigned contractor pay for changes to the building design, including engineering 18 and detailing costs caused by the requested substitution? 19 20 21 B. What effect does substitution have on other trades? 22 23 24 C. Differences between proposed substitution and specified item? 25 26 27 D. Differences in product cost or product delivery time? 28 29 30 E. Manufacturer's guarantees of the proposed and specified items are: 31 32 Equal Better(explain on attachment) 33 The undersigned states that the function, appearance and quality are equivalent or superior to the 34 specified item. 35 Submitted By: For Use by City 36 37 Signature _Recommended _Recommended 38 as noted 39 40 Firm _Not recommended Received late 41 Address By 42 Date 43 Date Remarks 44 Telephone 45 46 For Use by City: 47 48 Approved Rejected 49 City Date CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 013119-1 PRECONSTRUCTION MEETING Page 1 of 3 1 SECTION 013119 2 PRECONSTRUCTION MEETING 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 7 clarify construction contract administration procedures 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include,but are not necessarily limited to: 11 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 12 2. Division I —General Requirements 13 3. Division 13—Special Construction 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Coordination 21 1. Attend preconstruction meeting. 22 2. Representatives of Contractor,subcontractors and suppliers attending meetings 23 shall be qualified and authorized to act on behalf of the entity each represents. 24 3. Meeting administered by City may be tape recorded. 25 a. If recorded,tapes will be used to prepare minutes and retained by City for 26 future reference. 27 B. Preconstruction Meeting 28 1. A preconstruction meeting will be held within 14 days after the execution of the 29 Agreement and before Work is started. 30 a. The meeting will be scheduled and administered by the City. 31 2. The Project Representative will preside at the meeting,prepare the notes of the 32 meeting and distribute copies of same to all participants who so request by fully 33 completing the attendance form to be circulated at the beginning of the meeting. 34 3. Attendance shall include: 35 a. Project Representative 36 b. Contractor's project manager CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised August 17,2012 Project Number 100886 01 31 19-2 PRECONSTRUCTION MEETING Page 2 of 3 1 c. Contractor's superintendent 2 d. Any subcontractor or supplier representatives whom the Contractor may desire 3 to invite or the City may request 4 e. Other City representatives 5 f. Others as appropriate 6 4. Construction Schedule 7 a. Prepare baseline construction schedule in accordance with Section 01 32 16 and 8 provide at Preconstruction Meeting. 9 b. City will notify Contractor of any schedule changes upon Notice of 10 Preconstruction Meeting. 11 5. Preliminary Agenda may include: 12 a. Introduction of Project Personnel 13 b. General Description of Project 14 c. Status of right-of-way,utility clearances,easements or other pertinent permits 15 d. Contractor's work plan and schedule 16 e. Contract Time 17 f. Notice to Proceed 18 g. Construction Staking 19 h. Progress Payments 20 i. Extra Work and Change Order Procedures 21 j. Field Orders 22 k. Disposal Site Letter for Waste Material 23 1. Insurance Renewals 24 in. Payroll Certification 25 n. Material Certifications and Quality Control Testing 26 o. Public Safety and Convenience 27 p. Documentation of Pre-Construction Conditions 28 q. Weekend Work Notification 29 r. Legal Holidays 30 s. Trench Safety Plans 31 t. Confined Space Entry Standards 32 u. Coordination with the City's representative for operations of existing water 33 systems 34 v. Storm Water Pollution Prevention Plan 35 w. Coordination with other Contractors 36 x. Early Warning System 37 y. Contractor Evaluation 38 z. Special Conditions applicable to the project 39 aa. Damages Claims 40 bb. Submittal Procedures 41 cc. Substitution Procedures 42 dd. Correspondence Routing 43 ee. Record Drawings 44 ff. Temporary construction facilities 45 gg. M/WBE or MBE/SBE procedures 46 hh. Final Acceptance 47 ii. Final Payment CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised August 17,2012 Project Number 100886 01 31 19-3 PRECONSTRUCTION MEETING Page 3 of 3 1 jj. Questions or Comments 2 1.5 SUBMITTALS [NOT USED] 3 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 4 1.7 CLOSEOUT SUBMITTALS [NOT USED] 5 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 6 1.9 QUALITY ASSURANCE [NOT USED] 7 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 8 1.11 FIELD [SITE] CONDITIONS [NOT USED] 9 1.12 WARRANTY [NOT USED] 10 PART 2- PRODUCTS [NOT USED] 11 PART 3- EXECUTION [NOT USED] 12 END OF SECTION 13 Revision Log DATE NAME SUMMARY OF CHANGE 14 CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised August 17,2012 Project Number 100886 013120-1 PROJECT MEETINGS Page 1 of 3 1 SECTION 013120 2 PROJECT MEETINGS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for project meetings throughout the construction period to enable orderly 7 review of the progress of the Work and to provide for systematic discussion of 8 potential problems 9 B. Deviations this City of Fort Worth Standard Specification 10 1. None. 11 C. Related Specification Sections include,but are not necessarily limited to: 12 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 13 2. Division 1 —General Requirements 14 3. Division 13—Special Construction 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES [NOT USED] 20 1.4 ADMINISTRATIVE REQUIREMENTS 21 A. Coordination 22 1. Schedule,attend and administer as specified,periodic progress meetings, and 23 specially called meetings throughout progress of the Work. 24 2. Representatives of Contractor,subcontractors and suppliers attending meetings 25 shall be qualified and authorized to act on behalf of the entity each represents. 26 3. Meetings administered by City may be tape recorded. 27 a. If recorded,tapes will be used to prepare minutes and retained by City for 28 future reference. 29 4. Meetings,in addition to those specified in this Section,may be held when requested 30 by the City,Engineer or Contractor. 31 B. Pre-Construction Neighborhood Meeting 32 1. After the execution of the Agreement,but before construction is allowed to begin, 33 attend 1 Public Meeting with affected residents to: 34 a. Present projected schedule,including construction start date 35 b. Answer any construction related questions 36 2. Meeting Location CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 01 31 20-2 PROJECT MEETINGS Page 2 of 3 1 a. Location of meeting to be determined by the City. 2 3. Attendees 3 a. Contractor 4 b. Project Representative 5 c. Other City representatives 6 4. Meeting Schedule 7 a. In general,the neighborhood meeting will occur within the 2 weeks following 8 the pre-construction conference. 9 b. In no case will construction be allowed to begin until this meeting is held. 10 C. Progress Meetings 11 1. Formal project coordination meetings will be held periodically. Meetings will be 12 scheduled and administered by Project Representative. 13 2. Additional progress meetings to discuss specific topics will be conducted on an as- 14 needed basis. Such additional meetings shall include, but not be limited to: 15 a. Coordinating shutdowns 16 b. Installation of piping and equipment 17 c. Coordination between other construction projects 18 d. Resolution of construction issues 19 e. Equipment approval 20 3. The Project Representative will preside at progress meetings, prepare the notes of 21 the meeting and distribute copies of the same to all participants who so request by 22 fully completing the attendance form to be circulated at the beginning of each 23 meeting. 24 4. Attendance shall include: 25 a. Contractor's project manager 26 b. Contractor's superintendent 27 c. Any subcontractor or supplier representatives whom the Contractor may desire 28 to invite or the City may request 29 d. Engineer's representatives 30 e. City's representatives 31 f. Others,as requested by the Project Representative 32 5. Preliminary Agenda may include: 33 a. Review of Work progress since previous meeting 34 b. Field observations,problems,conflicts 35 c. Items which impede construction schedule 36 d. Review of off-site fabrication, delivery schedules 37 e. Review of construction interfacing and sequencing requirements with other 38 construction contracts 39 f. Corrective measures and procedures to regain projected schedule 40 g. Revisions to construction schedule 41 h. Progress,schedule,during succeeding Work period 42 i. Coordination of schedules 43 j. Review submittal schedules 44 k. Maintenance of quality standards 45 1. Pending changes and substitutions 46 m. Review proposed changes for: CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 013120-3 PROJECT MEETINGS Page 3 of 3 1 1) Effect on construction schedule and on completion date 2 2) Effect on other contracts of the Project 3 n. Review Record Documents 4 o. Review monthly pay request 5 p. Review status of Requests for Information 6 6. Meeting Schedule 7 a. Progress meetings will be held periodically as determined by the Project 8 Representative. 9 1) Additional meetings may be held at the request of the: 10 a) City 11 b) Engineer 12 c) Contractor 13 7. Meeting Location 14 a. The City will establish a meeting location. 15 1) To the extent practicable,meetings will be held at the Site. 16 1.5 SUBMITTALS [NOT USED] 17 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 18 1.7 CLOSEOUT SUBMITTALS [NOT USED] 19 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 20 1.9 QUALITY ASSURANCE [NOT USED] 21 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 22 1.11 FIELD [SITE] CONDITIONS [NOT USED] 23 1.12 WARRANTY [NOT USED] 24 PART 2- PRODUCTS [NOT USED] 25 PART 3- EXECUTION [NOT USED] 26 END OF SECTION 27 Revision Log DATE NAME SUMMARY OF CHANGE 28 CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 THIS PAGE INTENTIONALLY LEFT BLANK 013216-1 CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 1 SECTION 0132 16 2 CONSTRUCTION PROGRESS SCHEDULE 3 PART1- GENERAL 4 1,1 SUMMARY 5 A. Section Includes: 6 1. General requirements for the preparation, submittal,updating, status reporting and 7 management of the Construction Progress Schedule 8 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance 9 Document 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include,but are not necessarily limited to: 13 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 —General Requirements 15 3. Division 13—Special Construction 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES 21 A. Definitions 22 1. Schedule Tiers 23 a. Tier 1 -No schedule submittal required by contract. Small,brief duration 24 projects 25 b. Tier 2-No schedule submittal required by contract, but will require some 26 milestone dates. Small, brief duration projects 27 c. Tier 3-Schedule submittal required by contract as described in the 28 Specification and herein. Majority of City projects, including all bond program 29 projects 30 d. Tier 4- Schedule submittal required by contract as described in the 31 Specification and herein. Large and/or complex projects with long durations 32 1) Examples: large water pump station project and associated pipeline with 33 interconnection to another governmental entity 34 e. Tier 5-Schedule submittal required by contract as described in the 35 Specification and herein. Large and/or very complex projects with long 36 durations,high public visibility 37 1) Examples might include a water or wastewater treatment plant 38 2. Baseline Schedule -Initial schedule submitted before work begins that will serve 39 as the baseline for measuring progress and departures from the schedule. CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 01 32 16-2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 1 3. Progress Schedule-Monthly submittal of a progress schedule documenting 2 progress on the project and any changes anticipated. 3 4. Schedule Narrative-Concise narrative of the schedule including schedule 4 changes, expected delays,key schedule issues, critical path items,etc 5 B. Reference Standards 6 1. City of Fort Worth Schedule Guidance Document 7 1.4 ADMINISTRATIVE REQUIREMENTS 8 A. Baseline Schedule 9 1. General 10 a. Prepare a cost-loaded baseline Schedule using approved software and the 11 Critical Path Method(CPM)as required in the City of Fort Worth Schedule 12 Guidance Document. 13 b. Review the draft cost-loaded baseline Schedule with the City to demonstrate 14 understanding of the work to be performed and known issues and constraints 15 related to the schedule. 16 c. Designate an authorized representative(Project Scheduler)responsible for 17 developing and updating the schedule and preparing reports. 18 B. Progress Schedule 19 1. Update the progress Schedule monthly as required in the City of Fort Worth 20 Schedule Guidance Document. 21 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 22 3. Change Orders 23 a. Incorporate approved change orders,resulting in a change of contract time, in 24 the baseline Schedule in accordance with City of Fort Worth Schedule 25 Guidance Document. 26 C. Responsibility for Schedule Compliance 27 1. Whenever it becomes apparent from the current progress Schedule and CPM Status 28 Report that delays to the critical path have resulted and the Contract completion 29 date will not be met,or when so directed by the City,make some or all of the 30 following actions at no additional cost to the City 31 a. Submit a Recovery Plan to the City for approval revised baseline Schedule 32 outlining: 33 1) A written statement of the steps intended to take to remove or arrest the 34 delay to the critical path in the approved schedule 35 2) Increase construction manpower in such quantities and crafts as will 36 substantially eliminate the backlog of work and return current Schedule to 37 meet projected baseline completion dates 38 3) Increase the number of working hours per shift, shifts per day,working 39 days per week,the amount of construction equipment, or any combination 40 of the foregoing, sufficiently to substantially eliminate the backlog of work 41 4) Reschedule activities to achieve maximum practical concurrency of 42 accomplishment of activities, and comply with the revised schedule CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July I,2011 Project Number 100886 013216-3 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 1 2. If no written statement of the steps intended to take is submitted when so requested 2 by the City,the City may direct the Contractor to increase the level of effort in 3 manpower(trades),equipment and work schedule(overtime,weekend and holiday 4 work,etc.)to be employed by the Contractor in order to remove or arrest the delay 5 to the critical path in the approved schedule. 6 a. No additional cost for such work will be considered. 7 D. The Contract completion time will be adjusted only for causes specified in this 8 Contract. 9 a. Requests for an extension of any Contract completion date must be 10 supplemented with the following: 11 1) Furnish justification and supporting evidence as the City may deem 12 necessary to determine whether the requested extension of time is entitled 13 under the provisions of this Contract. 14 a) The City will,after receipt of such justification and supporting 15 evidence, make findings of fact and will advise the Contractor,in 16 writing thereof. 17 2) If the City finds that the requested extension of time is entitled,the City's 18 determination as to the total number of days allowed for the extensions 19 shall be based upon the approved total baseline schedule and on all data 20 relevant to the extension. 21 a) Such data shall be included in the next updating of the Progress 22 schedule. 23 b) Actual delays in activities which,according to the Baseline schedule, 24 do not affect any Contract completion date shown by the critical path in 25 the network will not be the basis for a change therein. 26 2. Submit each request for change in Contract completion date to the City within 30 27 days after the beginning of the delay for which a time extension is requested but 28 before the date of final payment under this Contract. 29 a. No time extension will be granted for requests which are not submitted within 30 the foregoing time limit. 31 b. From time to time,it may be necessary for the Contract schedule or completion 32 time to be adjusted by the City to reflect the effects of job conditions,weather, 33 technical difficulties,strikes,unavoidable delays on the part of the City or its 34 representatives,and other unforeseeable conditions which may indicate 35 schedule adjustments or completion time extensions. 36 1) Under such conditions,the City will direct the Contractor to reschedule the 37 work or Contract completion time to reflect the changed conditions and the 38 Contractor shall revise his schedule accordingly. 39 a) No additional compensation will be made to the Contractor for such 40 schedule changes except for unavoidable overall contract time 41 extensions beyond the actual completion of unaffected work, in which 42 case the Contractor shall take all possible action to minimize any time 43 extension and any additional cost to the City. 44 b) Available float time in the Baseline schedule may be used by the City 45 as well as by the Contractor. 46 3. Float or slack time is defined as the amount of time between the earliest start date 47 and the latest start date or between the earliest finish date and the latest finish date 48 of a chain of activities on the Baseline Schedule. CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 01 32 16-4 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 1 a. Float or slack time is not for the exclusive use or benefit of either the 2 Contractor or the City. 3 b. Proceed with work according to early start dates, and the City shall have the 4 right to reserve and apportion float time according to the needs of the project. 5 c. Acknowledge and agree that actual delays, affecting paths of activities 6 containing float time, will not have any effect upon contract completion times, 7 providing that the actual delay does not exceed the float time associated with 8 those activities. 9 E. Coordinating Schedule with Other Contract Schedules 10 1. Where work is to be performed under this Contract concurrently with or contingent 11 upon work performed on the same facilities or area under other contracts,the 12 Baseline Schedule shall be coordinated with the schedules of the other contracts. 13 a. Obtain the schedules of the other appropriate contracts from the City for the 14 preparation and updating of Baseline schedule and make the required changes 15 in his schedule when indicated by changes in corresponding schedules. 16 2. In case of interference between the operations of different contractors,the City will 17 determine the work priority of each contractor and the sequence of work necessary 18 to expedite the completion of the entire Project. 19 a. In such cases,the decision of the City shall be accepted as final. 20 b. The temporary delay of any work due to such circumstances shall not be 21 considered as justification for claims for additional compensation. 22 1.5 SUBMITTALS 23 A. Baseline Schedule 24 1. Submit Schedule in native file format and pdf format as required in the City of Fort 25 Worth Schedule Guidance Document. 26 a. Native file format includes: 27 1) Primavera(P6 or Primavera Contractor) 28 2. Submit draft baseline Schedule to City prior to the pre-construction meeting and 29 bring in hard copy to the meeting for review and discussion. 30 B. Progress Schedule 31 1. Submit progress Schedule in native file format and pdf format as required in the 32 City of Fort Worth Schedule Guidance Document. 33 2. Submit progress Schedule monthly no later than the last day of the month. 34 C. Schedule Narrative 35 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth 36 Schedule Guidance Document. 37 2. Submit schedule narrative monthly no later than the last day of the month. 38 D. Submittal Process 39 1. The City administers and manages schedules through Buzzsaw. 40 2. Contractor shall submit documents as required in the City of Fort Worth Schedule 41 Guidance Document. 42 3. Once the project has been completed and Final Acceptance has been issued by the 43 City,no further progress schedules are required. CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July I,2011 Project Number 100886 013216-5 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE 5 A. The person preparing and revising the construction Progress Schedule shall be 6 experienced in the preparation of schedules of similar complexity. 7 B. Schedule and supporting documents addressed in this Specification shall be prepared, 8 updated and revised to accurately reflect the performance of the construction. 9 C. Contractor is responsible for the quality of all submittals in this section meeting the 10 standard of care for the construction industry for similar projects. 11 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 12 1.11 FIELD [SITE] CONDITIONS [NOT USED] 13 1.12 WARRANTY [NOT USED] 14 PART 2- PRODUCTS [NOT USED] 15 PART 3- EXECUTION [NOT USED] 16 END OF SECTION 17 Revision Log DATE NAME SUMMARY OF CHANGE 18 CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 013300-1 SUBMITTALS Page 1 of 8 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 3. Division 13—Special Construction 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various items bid. 21 No separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Coordination 25 1. Notify the City in writing,at the time of submittal,of any deviations in the 26 submittals from the requirements of the Contract Documents. 27 2. Coordination of Submittal Times 28 a. Prepare,prioritize and transmit each submittal sufficiently in advance of 29 performing the related Work or other applicable activities, or within the time 30 specified in the individual Work Sections,of the Specifications. 31 b. Contractor is responsible such that the installation will not be delayed by 32 processing times including,but not limited to: 33 a) Disapproval and resubmittal(if required) 34 b) Coordination with other submittals 35 c) Testing 36 d) Purchasing 37 e) Fabrication 38 f) Delivery 39 g) Similar sequenced activities CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised December 20,2012 Project Number 100886 013300-2 SUBMITTALS Page 2 of 8 1 c. No extension of time will be authorized because of the Contractor's failure to 2 transmit submittals sufficiently in advance of the Work. 3 d. Make submittals promptly in accordance with approved schedule, and in such 4 sequence as to cause no delay in the Work or in the work of any other 5 contractor. 6 B. Submittal Numbering 7 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- 8 reference identification numbering system in the following manner: 9 a. Use the first 6 digits of the applicable Specification Section Number. 10 b. For the next 2 digits number use numbers 01-99 to sequentially number each 11 initial separate item or drawing submitted under each specific Section number. 12 c. Last use a letter,A-Z, indicating the resubmission of the same drawing(i.e. 13 A=2nd submission,B=3rd submission,C=4th submission, etc.). A typical 14 submittal number would be as follows: 15 16 03 30 00-08-B 17 18 1) 03 30 00 is the Specification Section for Concrete 19 2) 08 is the eighth initial submittal under this Specification Section 20 3) B is the third submission(second resubmission)of that particular shop 21 drawing 22 C. Contractor Certification 23 1. Review shop drawings,product data and samples, including those by 24 subcontractors,prior to submission to determine and verify the following: 25 a. Field measurements 26 b. Field construction criteria 27 c. Catalog numbers and similar data 28 d. Conformance with the Contract Documents 29 2. Provide each shop drawing,sample and product data submitted by the Contractor 30 with a Certification Statement affixed including: 31 a. The Contractor's Company name 32 b. Signature of submittal reviewer 33 c. Certification Statement 34 1) `By this submittal, I hereby represent that I have determined and verified 35 field measurements, field construction criteria,materials,dimensions, 36 catalog numbers and similar data and I have checked and coordinated each 37 item with other applicable approved shop drawings." 38 D. Submittal Format 39 1. Fold shop drawings larger than 8 '/z inches x 11 inches to 8 '/2 inches x 11 inches. 40 2. Bind shop drawings and product data sheets together. 41 3. Order 42 a. Cover Sheet 43 1) Description of Packet 44 2) Contractor Certification 45 b. List of items/Table of Contents 46 c. Product Data/Shop Drawings/Samples/Calculations CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised December 20,2012 Project Number 100886 013300-3 SUBMITTALS Page 3 of 8 1 E. Submittal Content 2 1. The date of submission and the dates of any previous submissions 3 2. The Project title and number 4 3. Contractor identification 5 4. The names of- 6 a. Contractor 7 b. Supplier 8 c. Manufacturer 9 5. Identification of the product,with the Specification Section number, page and 10 paragraph(s) 11 6. Field dimensions, clearly identified as such 12 7. Relation to adjacent or critical features of the Work or materials 13 8. Applicable standards, such as ASTM or Federal Specification numbers 14 9. Identification by highlighting of deviations from Contract Documents 15 10. Identification by highlighting of revisions on resubmittals 16 11. An 8-inch x 3-inch blank space for Contractor and City stamps 17 F. Shop Drawings 18 1. As specified in individual Work Sections includes,but is not necessarily limited to: 19 a. Custom-prepared data such as fabrication and erection/installation(working) 20 drawings 21 b. Scheduled information 22 c. Setting diagrams 23 d. Actual shopwork manufacturing instructions 24 e. Custom templates 25 f. Special wiring diagrams 26 g. Coordination drawings 27 h. Individual system or equipment inspection and test reports including: 28 1) Performance curves and certifications 29 i. As applicable to the Work 30 2. Details 31 a. Relation of the various parts to the main members and lines of the structure 32 b. Where correct fabrication of the Work depends upon field measurements 33 1) Provide such measurements and note on the drawings prior to submitting 34 for approval. 35 G. Product Data 36 1. For submittals of product data for products included on the City's Standard Product 37 List,clearly identify each item selected for use on the Project. 38 2. For submittals of product data for products not included on the City's Standard 39 Product List, submittal data may include,but is not necessarily limited to: 40 a. Standard prepared data for manufactured products(sometimes referred to as 41 catalog data) 42 1) Such as the manufacturer's product specification and installation 43 instructions 44 2) Availability of colors and patterns CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised December 20,20I2 Project Number 100886 013300-4 SUBMITTALS Page 4 of 8 1 3) Manufacturer's printed statements of compliances and applicability 2 4) Roughing-in diagrams and templates 3 5) Catalog cuts 4 6) Product photographs 5 7) Standard wiring diagrams 6 8) Printed performance curves and operational-range diagrams 7 9) Production or quality control inspection and test reports and certifications 8 10) Mill reports 9 1 l) Product operating and maintenance instructions and recommended 10 spare-parts listing and printed product warranties 11 12) As applicable to the Work 12 H. Samples 13 1. As specified in individual Sections, include,but are not necessarily limited to: 14 a. Physical examples of the Work such as: 15 1) Sections of manufactured or fabricated Work 16 2) Small cuts or containers of materials 17 3) Complete units of repetitively used products color/texture/pattern swatches 18 and range sets 19 4) Specimens for coordination of visual effect 20 5) Graphic symbols and units of Work to be used by the City for independent 21 inspection and testing, as applicable to the Work 22 1. Do not start Work requiring a shop drawing, sample or product data nor any material to 23 be fabricated or installed prior to the approval or qualified approval of such item. 24 1. Fabrication performed,materials purchased or on-site construction accomplished 25 which does not conform to approved shop drawings and data is at the Contractor's 26 risk. 27 2. The City will not be liable for any expense or delay due to corrections or remedies 28 required to accomplish conformity. 29 3. Complete project Work,materials, fabrication,and installations in conformance 30 with approved shop drawings, applicable samples, and product data. 31 J. Submittal Distribution 32 1. Electronic Distribution 33 a. Confirm development of Project directory for electronic submittals to be 34 uploaded to City's Buzzsaw site, or another external FTP site approved by the 35 City. 36 b. Shop Drawings 37 1) Upload submittal to designated project directory and notify appropriate 38 City representatives via email of submittal posting. 39 2) Hard Copies 40 a) 3 copies for all submittals 41 b) If Contractor requires more than I hard copy of Shop Drawings 42 returned,Contractor shall submit more than the number of copies listed 43 above. 44 c. Product Data 45 1) Upload submittal to designated project directory and notify appropriate 46 City representatives via email of submittal posting. CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised December 20,2012 Project Number 100886 013300-5 SUBMITTALS Page 5 of 8 1 2) Hard Copies 2 a) 3 copies for all submittals 3 d. Samples 4 1) Distributed to the Project Representative 5 2. Hard Copy Distribution(if required in lieu of electronic distribution) 6 a. Shop Drawings 7 1) Distributed to the City 8 2) Copies 9 a) 8 copies for mechanical submittals 10 b) 7 copies for all other submittals 11 c) If Contractor requires more than 3 copies of Shop Drawings returned, 12 Contractor shall submit more than the number of copies listed above. 13 b. Product Data 14 1) Distributed to the City 15 2) Copies 16 a) 4 copies 17 c. Samples 18 1) Distributed to the Project Representative 19 2) Copies 20 a) Submit the number stated in the respective Specification Sections. 21 3. Distribute reproductions of approved shop drawings and copies of approved 22 product data and samples,where required,to the job site file and elsewhere as 23 directed by the City. 24 a. Provide number of copies as directed by the City but not exceeding the number 25 previously specified. 26 K. Submittal Review 27 1. The review of shop drawings,data and samples will be for general conformance 28 with the design concept and Contract Documents. This is not to be construed as: 29 a. Permitting any departure from the Contract requirements 30 b. Relieving the Contractor of responsibility for any errors, including details, 31 dimensions,and materials 32 c. Approving departures from details furnished by the City,except as otherwise 33 provided herein 34 2. The review and approval of shop drawings,samples or product data by the City 35 does not relieve the Contractor from his/her responsibility with regard to the 36 fulfillment of the terms of the Contract. 37 a. All risks of error and omission are assumed by the Contractor,and the City will 38 have no responsibility therefore. 39 3. The Contractor remains responsible for details and accuracy,for coordinating the 40 Work with all other associated work and trades, for selecting fabrication processes, 41 for techniques of assembly and for performing Work in a safe manner. 42 4. If the shop drawings,data or samples as submitted describe variations and show a 43 departure from the Contract requirements which City finds to be in the interest of 44 the City and to be so minor as not to involve a change in Contract Price or time for 45 performance,the City may return the reviewed drawings without noting an 46 exception. 47 5. Submittals will be returned to the Contractor under 1 of the following codes: CITY OF FORT WORTH Repair and Repainting of Seminary Hilt STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised December 20,2012 Project Number 100886 01 3300-6 SUBMITTALS Page 6 of 8 1 a. Code 1 2 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or 3 comments on the submittal. 4 a) When returned under this code the Contractor may release the 5 equipment and/or material for manufacture. 6 b. Code 2 7 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of 8 the notations and comments IS NOT required by the Contractor. 9 a) The Contractor may release the equipment or material for manufacture; 10 however, all notations and comments must be incorporated into the 11 final product. 12 c. Code 3 13 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 14 assigned when notations and comments are extensive enough to require a 15 resubmittal of the package. 16 a) The Contractor may release the equipment or material for manufacture; 17 however, all notations and comments must be incorporated into the 18 final product. 19 b) This resubmittal is to address all comments, omissions and 20 non-conforming items that were noted. 21 c) Resubmittal is to be received by the City within 15 Calendar Days of 22 the date of the City's transmittal requiring the resubmittal. 23 d. Code 4 24 1) "NOT APPROVED" is assigned when the submittal does not meet the 25 intent of the Contract Documents. 26 a) The Contractor must resubmit the entire package revised to bring the 27 submittal into conformance. 28 b) It may be necessary to resubmit using a different manufacturer/vendor 29 to meet the Contract Documents. 30 6. Resubmittals 31 a. Handled in the same manner as first submittals 32 1) Corrections other than requested by the City 33 2) Marked with revision triangle or other similar method 34 a) At Contractor's risk if not marked 35 b. Submittals for each item will be reviewed no more than twice at the City's 36 expense. 37 1) All subsequent reviews will be performed at times convenient to the City 38 and at the Contractor's expense, based on the City's or City 39 Representative's then prevailing rates. 40 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 41 all such fees invoiced by the City. 42 c. The need for more than 1 resubmission or any other delay in obtaining City's 43 review of submittals,will not entitle the Contractor to an extension of Contract 44 Time. 45 7. Partial Submittals 46 a. City reserves the right to not review submittals deemed partial, at the City's 47 discretion. CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised December 20,2012 Project Number 100886 013300-7 SUBMITTALS Page 7 of 8 1 b. Submittals deemed by the City to be not complete will be returned to the 2 Contractor,and will be considered"Not Approved"until resubmitted. 3 c. The City may at its option provide a list or mark the submittal directing the 4 Contractor to the areas that are incomplete. 5 8. If the Contractor considers any correction indicated on the shop drawings to 6 constitute a change to the Contract Documents,then written notice must be 7 provided thereof to the City at least 7 Calendar Days prior to release for 8 manufacture. 9 9. When the shop drawings have been completed to the satisfaction of the City,the 10 Contractor may carry out the construction in accordance therewith and no further 11 changes therein except upon written instructions from the City. 12 10. Each submittal,appropriately coded, will be returned within 30 Calendar Days 13 following receipt of submittal by the City. 14 L. Mock ups 15 1. Mock Up units as specified in individual Sections, include,but are not necessarily 16 limited to,complete units of the standard of acceptance for that type of Work to be 17 used on the Project. Remove at the completion of the Work or when directed. 18 M. Qualifications 19 1. If specifically required in other Sections of these Specifications,submit a P.E. 20 Certification for each item required. 21 N. Request for Information(RFI) 22 1. Contractor Request for additional information 23 a. Clarification or interpretation of the contract documents 24 b. When the Contractor believes there is a conflict between Contract Documents 25 c. When the Contractor believes there is a conflict between the Drawings and 26 Specifications 27 1) Identify the conflict and request clarification 28 2. Use the Request for Information(RFI)form provided by the City. 29 3. Numbering of RFI 30 a. Prefix with"RFI"followed by series number,"-xxx",beginning with"01"and 31 increasing sequentially with each additional transmittal. 32 4. Sufficient information shall be attached to permit a written response without further 33 information. 34 5. The City will log each request and will review the request. 35 a. If review of the project information request indicates that a change to the 36 Contract Documents is required,the City will issue a Field Order or Change 37 Order,as appropriate. 38 1.5 SUBMITTALS [NOT USED] 39 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 40 1.7 CLOSEOUT SUBMITTALS [NOT USED] 41 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 42 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised December 20,2012 Project Number 100886 014523-1 TESTING AND INSPECTION SERVICES Page 1 of 2 1 SECTION 0145 23 2 TESTING AND INSPECTION SERVICES 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Testing and inspection services procedures and coordination 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 3. Division 13—Special Construction 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various Items bid. 16 No separate payment will be allowed for this Item. 17 a. Contractor is responsible for performing, coordinating, and payment of all 18 Quality Control testing. 19 b. City is responsible for performing and payment for first set of Quality 20 Assurance testing. 21 1) If the first Quality Assurance test performed by the City fails,the 22 Contractor is responsible for payment of subsequent Quality Assurance 23 testing until a passing test occurs. 24 a) Final acceptance will not be issued by City until all required payments 25 for testing by Contractor have been paid in full. 26 1.3 REFERENCES [NOT USED] 27 1.4 ADMINISTRATIVE REQUIREMENTS 28 A. Testing 29 1. Complete testing in accordance with the Contract Documents. 30 2. Coordination 31 a. When testing is required to be performed by the City,notify City,sufficiently 32 in advance,when testing is needed. 33 b. When testing is required to be completed by the Contractor, notify City, 34 sufficiently in advance,that testing will be performed. 35 3. Distribution of Testing Reports 36 a. Electronic Distribution CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 015000-1 TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 1 SECTION 0150 00 2 TEMPORARY FACILITIES AND CONTROLS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provide temporary facilities and controls needed for the Work including,but not 7 necessarily limited to: 8 a. Temporary utilities 9 b. Sanitary facilities 10 c. Storage Sheds and Buildings 11 d. Dust control 12 e. Temporary fencing of the construction site 13 B. Deviations from this City of Fort Worth Standard Specification 14 1. None. 15 C. Related Specification Sections include,but are not necessarily limited to: 16 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 17 2. Division 1—General Requirements 18 3. Division 13—Special Construction 19 1.2 PRICE AND PAYMENT PROCEDURES 20 A. Measurement and Payment 21 1. Work associated with this Item is considered subsidiary to the various Items bid. 22 No separate payment will be allowed for this Item. 23 1.3 REFERENCES [NOT USED] 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 A. Temporary Utilities 26 1. Obtaining Temporary Service 27 a. Make arrangements with utility service companies for temporary services. 28 b. Abide by rules and regulations of utility service companies or authorities 29 having jurisdiction. 30 c. Be responsible for utility service costs until Work is approved for Final 31 Acceptance. 32 1) Included are fuel,power,light,heat and other utility services necessary for 33 execution,completion,testing and initial operation of Work. 34 2. Water 35 a. Contractor to coordinate with City regarding water needs.City to provide 36 Contractor with water for construction at no cost to the Contractor. 37 3. Electricity and Lighting CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 015000-3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1 b. Must respond in a timely manner 2 F. Temporary Protection of Construction 3 1. Contractor or subcontractors are responsible for protecting Work from damage due 4 to weather. 5 1.5 SUBMITTALS [NOT USED] 6 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 7 1.7 CLOSEOUT SUBMITTALS [NOT USED] 8 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 9 1.9 QUALITY ASSURANCE [NOT USED] 10 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 11 1.11 FIELD [SITE] CONDITIONS [NOT USED] 12 1.12 WARRANTY [NOT USED] 13 PART 2- PRODUCTS [NOT USED] 14 PART 3- EXECUTION [NOT USED] 15 3.1 INSTALLERS [NOT USED] 16 3.2 EXAMINATION [NOT USED] 17 3.3 PREPARATION [NOT USED] 18 3.4 INSTALLATION 19 A. Temporary Facilities 20 1. Maintain all temporary facilities for duration of construction activities as needed. 21 3.5 [REPAIR] / [RESTORATION] 22 3.6 RE-INSTALLATION 23 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 24 3.8 SYSTEM STARTUP [NOT USED] 25 3.9 ADJUSTING [NOT USED] 26 3.10 CLEANING [NOT USED] 27 3.11 CLOSEOUT ACTIVITIES 28 A. Temporary Facilities CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 015813-1 TEMPORARY PROJECT SIGNAGE Page 1 of 2 1 SECTION 0158 13 2 TEMPORARY PROJECT SIGNAGE 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Temporary Project Signage Requirements 7 B. Deviations from this City of Fort Worth Standard Specification 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 3. Division 13—Special Construction 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various Items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 19 1.5 SUBMITTALS [NOT USED] 20 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 21 1.7 CLOSEOUT SUBMITTALS [NOT USED] 22 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 23 1.9 QUALITY ASSURANCE [NOT USED] 24 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 25 1.11 FIELD [SITE] CONDITIONS [NOT USED] 26 1.12 WARRANTY [NOT USED] 27 PART 2 - PRODUCTS 28 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 29 2.2 EQUIPMENT,PRODUCT TYPES,AND MATERIALS 30 A. Design Criteria 31 1. Provide free standing Project Designation Sign in accordance with City's Standard 32 Details for project signs. 33 B. Materials 34 1. Sign 35 a. Constructed of 3/4-inch fir plywood, grade A-C(exterior)or better 36 2.3 ACCESSORIES [NOT USED] 37 2.4 SOURCE QUALITY CONTROL [NOT USED] 38 PART 3- EXECUTION 39 3.1 INSTALLERS [NOT USED] 40 3.2 EXAMINATION [NOT USED] 41 3.3 PREPARATION [NOT USED] 42 3.4 INSTALLATION 43 A. General 44 1. Provide vertical installation at extents of project. 45 2. Relocate sign as needed,upon request of the City. 46 B. Mounting options 47 a. Skids 48 b. Posts 49 c. Barricade CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 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 3. Division 13—Special Construction 13 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 14 1.3 REFERENCES [NOT USED] 15 1.4 ADMINISTRATIVE REQUIREMENTS 16 A. A list of City approved products for use is located on Buzzsaw as follows: 17 1. Resources\02-Construction Documents\Standard Products List 18 B. Only products specifically included on City's Standard Product List in these Contract 19 Documents shall be allowed for use on the Project. 20 1. Any subsequently approved products will only be allowed for use upon specific 21 approval by the City. 22 C. Any specific product requirements in the Contract Documents supersede similar 23 products included on the City's Standard Product List. 24 1. The City reserves the right to not allow products to be used for certain projects even 25 though the product is listed on the City's Standard Product List. 26 D. Although a specific product is included on City's Standard Product List,not all 27 products from that manufacturer are approved for use,including but not limited to,that 28 manufacturer's standard product. 29 E. See Section 0133 00 for submittal requirements of Product Data included on City's 30 Standard Product List. 31 1.5 SUBMITTALS [NOT USED] 32 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 33 1.7 CLOSEOUT SUBMITTALS [NOT USED] 34 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] CITY OF FORT WORTH Repair and Repainting of Seminary Hilt STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised December 20,2012 Project Number 100886 016600-1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 3 1 SECTION 0166 00 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PARTI - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Scheduling of product delivery 7 2. Packaging of products for delivery 8 3. Protection of products against damage from: 9 a. Handling 10 b. Exposure to elements or harsh environments 1 l B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include,but are not necessarily limited to: 14 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 15 2. Division 1 —General Requirements 16 3. Division 13—Special Construction 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 23 1.5 SUBMITTALS [NOT USED] 24 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 25 1.7 CLOSEOUT SUBMITTALS [NOT USED] 26 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 27 1.9 QUALITY ASSURANCE [NOT USED] 28 1.10 DELIVERY AND HANDLING 29 A. Delivery Requirements 30 1. Schedule delivery of products or equipment as required to allow timely installation 31 and to avoid prolonged storage. 32 2. Provide appropriate personnel and equipment to receive deliveries. 33 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 34 for personnel or equipment to receive the delivery. 35 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 36 containers designed and constructed to protect the contents from physical or 37 environmental damage. 38 5. Clearly and fully mark and identify as to manufacturer, item and installation 39 location. 40 6. Provide manufacturer's instructions for storage and handling. 41 B. Handling Requirements 42 1. Handle products or equipment in accordance with these Contract Documents and 43 manufacturer's recommendations and instructions. 44 C. Storage Requirements 45 1. Store materials in accordance with manufacturer's recommendations and 46 requirements of these Specifications. CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 016600-3 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 3 1 3.8 SYSTEM STARTUP [NOT USED] 2 3.9 ADJUSTING [NOT USED] 3 3.10 CLEANING [NOT USED] 4 3.11 CLOSEOUT ACTIVITIES [NOT USED] 5 3.12 PROTECTION 6 A. Protect all products or equipment in accordance with manufacturer's written directions. 7 B. Store products or equipment in location to avoid physical damage to items while in 8 storage. 9 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 10 the manufacturer. 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 Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 01 70 00-1 MOBILIZATION AND REMOBILIZATION Page I of 4 I SECTION 0170 00 2 MOBILIZATION AND REMOBILIZATION 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Mobilization and Demobilization 7 a. Mobilization 8 1) Transportation of Contractor's personnel, equipment, and operating supplies 9 to the Site 10 2) Establishment of necessary general facilities for the Contractor's operation 11 at the Site 12 3) Premiums paid for performance and payment bonds 13 4) Transportation of Contractor's personnel, equipment, and operating supplies 14 to another location within the designated Site 15 5) Relocation of necessary general facilities for the Contractor's operation 16 from 1 location to another location on the Site. 17 b. Demobilization 18 1) Transportation of Contractor's personnel, equipment, and operating supplies 19 away from the Site including disassembly 20 2) Site Clean-up 21 3) Removal of all buildings and/or other facilities assembled at the Site for this 22 Contract 23 c. Mobilization and Demobilization do not include activities for specific items of 24 work that are for which payment is provided elsewhere in the contract. 25 2. Remobilization 26 a. Remobilization for Suspension of Work specifically required in the Contract 27 Documents or as required by City includes: 28 1) Demobilization 29 a) Transportation of Contractor's personnel,equipment,and operating 30 supplies from the Site including disassembly or temporarily securing 31 equipment, supplies, and other facilities as designated by the Contract 32 Documents necessary to suspend the Work. 33 b) Site Clean-up as designated in the Contract Documents 34 2) Remobilization 35 a) Transportation of Contractor's personnel,equipment, and operating 36 supplies to the Site necessary to resume the Work. 37 b) Establishment of necessary general facilities for the Contractor's 38 operation at the Site necessary to resume the Work. 39 3) No Payments will be made for: 40 a) Mobilization and Demobilization from one location to another on the 41 Site in the normal progress of performing the Work. 42 b) Stand-by or idle time 43 c) Lost profits 44 3. Mobilizations and Demobilization for Miscellaneous Projects CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised December 20,2012 Project Number 100886 017000-3 MOBILIZATION AND REMOBILIZATION Page 3 of 4 1 2) Remobilization as described in Section 1.1.A.2.a.2) 2 d. No payments will be made for standby, idle time, or lost profits associated this 3 Item. 4 3. Remobilization for suspension of Work as required by City 5 a. Measurement and Payment 6 1) This shall be submitted as a Contract Claim in accordance with Article 10 7 of Section 00 72 00. 8 2) No payments will be made for standby, idle time, or lost profits associated 9 with this Item. 10 4. Mobilizations and Demobilizations for Miscellaneous Projects 11 a. Measurement 12 1) Measurement for this Item shall be for each Mobilization and 13 Demobilization required by the Contract Documents 14 b. Payment 15 1) The Work performed and materials furnished in accordance with this Item 16 and measured as provided under"Measurement'will be paid for at the unit 17 price per each"Work Order Mobilization" in accordance with Contract 18 Documents. Demobilization shall be considered subsidiary to mobilization 19 and shall not be paid for separately. 20 c. The price shall include: 21 1) Mobilization as described in Section 1.1.A.3.a.1) 22 2) Demobilization as described in Section 1.I.A.3.a.2) 23 d. No payments will be made for standby, idle time, or lost profits associated this 24 Item. 25 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects 26 a. Measurement 27 1) Measurement for this Item shall be for each Mobilization and 28 Demobilization required by the Contract Documents 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 per each"Work Order Emergency Mobilization"in accordance with 33 Contract Documents. Demobilization shall be considered subsidiary to 34 mobilization and shall not be paid for separately. 35 c. The price shall include 36 1) Mobilization as described in Section 1.1.A.4.a) 37 2) Demobilization as described in Section 1.1.A.3.a.2) 38 d. No payments will be made for standby, idle time,or lost profits associated this 39 Item. 40 1.3 REFERENCES [NOT USED] 41 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 42 1.5 SUBMITTALS [NOT USED] 43 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 44 1.7 CLOSEOUT SUBMITTALS [NOT USED] CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised December 20,2012 Project Number 100886 017423-1 CLEANING Page 1 of 4 1 SECTION 0174 23 2 CLEANING 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Intermediate and final cleaning for Work not including special cleaning of closed 7 systems specified elsewhere 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. Division 13—Special Construction 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various Items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Scheduling 21 1. Schedule cleaning operations so that dust and other contaminants disturbed by 22 cleaning process will not fall on newly painted surfaces. 23 2. Schedule final cleaning upon completion of Work and immediately prior to final 24 inspection. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 STORAGE,AND HANDLING 31 A. Storage and Handling Requirements CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 01 7423-3 CLEANING Page 3 of 4 1 3. Do not dispose of volatile wastes such as mineral spirits,oil or paint thinner in 2 storm or sanitary drains or sewers. 3 4. Dispose of degradable debris at an approved solid waste disposal site. 4 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 5 alternate manner approved by City and regulatory agencies. 6 6. Handle materials in a controlled manner with as few handlings as possible. 7 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 8 this project. 9 8. Remove all signs of temporary construction and activities incidental to construction 10 of required permanent Work. 11 9. If project is not cleaned to the satisfaction of the City,the City reserves the right to 12 have the cleaning completed at the expense of the Contractor. 13 10. Do not burn on-site. 14 B. Intermediate Cleaning during Construction 15 1. Keep Work areas clean so as not to hinder health,safety or convenience of 16 personnel in existing facility operations. 17 2. At maximum weekly intervals, dispose of waste materials,debris and rubbish. 18 3. Confine construction debris daily in strategically located container(s): 19 a. Cover to prevent blowing by wind 20 b. Store debris away from construction or operational activities 21 c. Haul from site at a minimum of once per week 22 4. Vacuum clean interior areas when ready to receive finish painting. 23 a. Continue vacuum cleaning on an as-needed basis,until Final Acceptance. 24 5. Prior to storm events,thoroughly clean site of all loose or unsecured items, which 25 may become airborne or transported by flowing water during the storm. 26 C. Interior Final Cleaning 27 1. Remove grease,mastic, adhesives,dust, dirt,stains, fingerprints, labels and other 28 foreign materials from sight-exposed surfaces. 29 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 30 3. Wash and shine glazing and mirrors. 31 4. Polish glossy surfaces to a clear shine. 32 5. Ventilating systems 33 a. Clean permanent filters and replace disposable filters if units were operated 34 during construction. 35 b. Clean ducts,blowers and coils if units were operated without filters during 36 construction. 37 6. Replace all burned out lamps. 38 7. Broom clean process area floors. 39 8. Mop office and control room floors. 40 D. Exterior(Site or Right of Way) Final Cleaning 41 1. Remove trash and debris containers from site. CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 0177 19-1 CLOSEOUT REQUIREMENTS Page 1 of 3 1 SECTION 0177 19 2 CLOSEOUT REQUIREMENTS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedure for closing out a contract 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 3. Division 13 —Special Construction 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various Items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Guarantees, Bonds and Affidavits 20 1. No application for final payment will be accepted until all guarantees,bonds, 21 certificates,licenses and affidavits required for Work or equipment as specified are 22 satisfactorily filed with the City. 23 B. Release of Liens or Claims 24 1. No application for final payment will be accepted until satisfactory evidence of 25 release of liens has been submitted to the City. 26 1.5 SUBMITTALS 27 A. Submit all required documentation to City's Project Representative. 28 29 30 31 32 33 34 35 36 37 38 CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 017719-3 CLOSEOUT REQUIREMENTS Page 3 of 3 1 D. Notice of Project Completion 2 1. Once the City Project Representative finds the Work subsequent to Final Inspection 3 to be satisfactory,the City will issue a Notice of Project Completion(Green Sheet). 4 E. Supporting Documentation 5 1. Coordinate with the City Project Representative to complete the following 6 additional forms: 7 a. Final Payment Request 8 b. Statement of Contract Time 9 c. Affidavit of Payment and Release of Liens 10 d. Consent of Surety to Final Payment 11 e. Pipe Report(if required) 12 f. Contractor's Evaluation of City 13 g. Performance Evaluation of Contractor 14 F. Letter of Final Acceptance 15 1. Upon review and acceptance of Notice of Project Completion and Supporting 16 Documentation,in accordance with General Conditions, City will issue Letter of 17 Final Acceptance and release the Final Payment Request for payment. 18 3.5 REPAIR/RESTORATION [NOT USED] 19 3.6 RE-INSTALLATION [NOT USED] 20 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING [NOT USED] 24 3.11 CLOSEOUT ACTIVITIES [NOT USED] 25 3A2 PROTECTION [NOT USED] 26 3.13 MAINTENANCE [NOT USED] 27 3.14 ATTACHMENTS [NOT USED] 28 END OF SECTION 29 Revision Log DATE NAME SUMMARY OF CHANGE 30 CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 017839-1 PROJECT RECORD DOCUMENTS Page 1 of 4 1 SECTION 0178 39 2 PROJECT RECORD DOCUMENTS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Work associated with the documenting the project and recording changes to project 7 documents,including: 8 a. Record Drawings 9 b. Water Meter Service Reports 10 c. Sanitary Sewer Service Reports 11 d. Large Water Meter Reports 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include,but are not necessarily limited to: 15 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 —General Requirements 17 3. Division 13—Special Construction 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various Items bid. 21 No separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 24 1.5 SUBMITTALS 25 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 26 City's Project Representative. 27 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 30 1.9 QUALITY ASSURANCE 31 A. Accuracy of Records 32 1. Thoroughly coordinate changes within the Record Documents,making adequate 33 and proper entries on each page of Specifications and each sheet of Drawings and 34 other Documents where such entry is required to show the change properly. 35 2. Accuracy of records shall be such that future search for items shown in the Contract 36 Documents may rely reasonably on information obtained from the approved Project 37 Record Documents. CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 017839-3 PROJECT RECORD DOCUMENTS Page 3 of 4 1 a. Considering the Contract completion time,the probable number of occasions 2 upon which the job set must be taken out for new entries and for examination, 3 and the conditions under which these activities will be performed,devise a 4 suitable method for protecting the job set. 5 b. Do not use the job set for any purpose except entry of new data and for review 6 by the City,until start of transfer of data to final Project Record Documents. 7 c. Maintain the job set at the site of work. 8 3. Coordination with Construction Survey 9 a. At a minimum, in accordance with the intervals set forth in Section 01 71 23, 10 clearly mark any deviations from Contract Documents associated with 11 installation of the infrastructure. 12 4. Making entries on Drawings 13 a. Record any deviations from Contract Documents. 14 b. Use an erasable colored pencil(not ink or indelible pencil),clearly describe the 15 change by graphic line and note as required. 16 c. Date all entries. 17 d. Call attention to the entry by a"cloud"drawn around the area or areas affected. 18 e. In the event of overlapping changes,use different colors for the overlapping 19 changes. 20 5. Conversion of schematic layouts 21 a. In some cases on the Drawings, arrangements of conduits,circuits,piping, 22 ducts, and similar items, are shown schematically and are not intended to 23 portray precise physical layout. 24 1) Final physical arrangement is determined by the Contractor,subject to the 25 City's approval. 26 2) However, design of future modifications of the facility may require 27 accurate information as to the final physical layout of items which are 28 shown only schematically on the Drawings. 29 b. Show on the job set of Record Drawings,by dimension accurate to within 1 30 inch,the centerline of each run of items. 31 1) Final physical arrangement is determined by the Contractor,subject to the 32 City's approval. 33 2) Show,by symbol or note,the vertical location of the Item("under slab","in 34 ceiling plenum", "exposed", and the like). 35 3) Make all identification sufficiently descriptive that it may be related 36 reliably to the Specifications. 37 c. The City may waive the requirements for conversion of schematic layouts 38 where,in the City's judgment,conversion serves no useful purpose. However, 39 do not rely upon waivers being issued except as specifically issued in writing 40 by the City. 41 B. Final Project Record Documents 42 1. Transfer of data to Drawings 43 a. Carefully transfer change data shown on the job set of Record Drawings to the 44 corresponding final documents,coordinating the changes as required. 45 b. Clearly indicate at each affected detail and other Drawing a full description of 46 changes made during construction,and the actual location of items. 47 c. Call attention to each entry by drawing a"cloud" around the area or areas 48 affected. CITY OF FORT WORTH Repair and Repainting of Seminary Hill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks Revised July 1,2011 Project Number 100886 130200-1 ELEVATED WATER STORAGE TANK REHABILITATION Page 1 of 18 1 SECTION 13 02 00 2 Elevated Water Storage Tank Rehabilitation 3 4 PART 1 -GENERAL 5 6 1) Summary of Work 7 8 i) Scope of Contract 9 10 (1) The City of Fort Worth has a two million gallon, welded-steel, elevated, 11 water storage tank,Seminary Hill EST, and a two million gallon 12 composite elevated water storage tank,Willow Springs CET, that are to be 13 rehabilitated and repainted under the terms of this contract. General 14 information on the tanks is provided at the end of this document in the 15 Engineering Reports of Inspection, each dated August 29, 2017. The work 16 to be performed under these specifications includes the rehabilitation, 17 repainting and structural steel repairs of the water storage tanks. 18 19 (2) The legged,welded steel,Seminary Hill elevated tank is located at 20 Stephens Park in Fort Worth, TX 76133. The Willow Springs composite 21 elevated storage tank is located at 2249 Avondale Haslet Rd. Haslet, TX 22 76052. Containment is required during exterior abrasive blasting 23 operations at the Seminary Hill EST to protect the environment. The 24 existing protective coating systems contain less than 1% lead by weight. A 25 laboratory analysis of the coating is provided in the Appendix in the 26 Engineer's Report of Inspection. No exterior blasting or coating operations 27 are required at the Willow Springs CET. 28 29 (3) It shall be the responsibility of the bidders to carefully inspect the sites 30 and all pertinent parts and devices on the tanks to ascertain the quantity 31 of surface preparation,necessary repairs and painting required to clean 32 the tanks properly,paint,repair and place the tanks back into operation in 33 accordance with these contract specifications. The information on the 34 tanks provided in the Engineer's Reports of Inspection is general in nature 35 and should not be relied upon to determine bid quantities or other 36 bidding factors. DUNHAM ENGINEERING Repair and Repainting of Seminary Hill and Willow Springs Elevated Tanks Revised September,2017 Project No. 100886 13 02 00-3 ELEVATED WATER STORAGE TANK REHABILITATION Page 3 of 18 76 Guide 6 -Containing Debris During Paint Removal Operations 77 Guide 12 - Illumination of Industrial Painting Projects 78 VIS-1 -Visual Standard for Abrasive Blast Cleaned Steel 79 PA-1 -Shop, Field and Maintenance Painting of Steel 80 PA-2 -Procedure for Determining Conformation to Dry Coating Thickness 81 Requirements. 82 SP-6 - Commercial Blast Cleaning 83 SP-7- Brush-off Blast Cleaning 84 SP-10-Near-White Metal Blast Cleaning 85 86 ix) Texas Commission on Environmental Quality (TCEQ) 87 Chapter 290- Public Drinking Water 88 89 3) Submittals 90 The successful bidder shall submit the following to the Engineer prior to the 91 start of work 92 93 i) Construction Schedule 94 Submit a detailed scheduled indicating anticipated start and completion dates 95 for each major phase, including, but not limited to, welding repairs, surface 96 preparation, interior coating application, and exterior coating application. 97 98 Contractor shall update submitted schedule as needed. 99 100 ii) Schedule of Values 101 Submit a schedule of values which includes an itemized list of all work items 102 and prices for each item of work. 103 104 iii) Contact Information 105 Submit contact information for all key field and office staff on the project 106 including foreman and project manager. 107 108 iv) Subcontractor Information 109 If subcontractors will be used to perform any work under these specifications, 110 submit contact information and references for the subcontractors. Provide the 111 location, capacity, owner contact with phone number and year completed. 112 113 v) Welder Certifications DUNHAM ENGINEERING Repair and Repainting of Seminary Hill and Willow Springs Elevated Tanks Revised September,2017 Project No. 100886 13 02 00-5 ELEVATED WATER STORAGE TANK REHABILITATION Page 5 of 18 153 1) Materials 154 155 i) Steel 156 157 All appurtenances, supports and steel members shall be constructed of Type 158 A36 mild carbon steel, unless otherwise specified and shall be in accordance 159 with AWWA D100 and TCEQ Chapter 290. 160 161 ii) Accessories and Appurtenances 162 163 All accessories shall comply with the minimum requirements of the 164 Specifications, Codes and Standards listed in paragraph 1.02, current 165 applicable safety regulations and the operation requirements of the structure. 166 Dissimilar metals shall be properly isolated. All stainless steel appurtenances, 167 piping, and weirs inside the tank shall be blasted and coated per the specified 168 interior wet area coating system. 169 170 iii) Electrical and Lighting 171 172 (1) General 173 174 All work shall be performed and all materials shall be provided in 175 accordance with National Electric Code and the governing electrical, 176 safety and inspection codes, regulations and ordinances. 177 178 (2) Materials 179 180 (a) Interior Lights 181 Fixtures shall be enclosed and gasketed, 150 (one hundred and fifty) 182 watt incandescent type with aluminum body, clear glass globe and 183 guard. Aluminum mounting hardware are brackets shall be provided 184 to suit the installation. 185 186 (b) Exterior Door Lights 187 Fixtures shall be enclosed and gasketed, 100 (one hundred) watt high 188 pressure sodium wall mount type with aluminum base housing, 189 polycarbonate cover, prismatic refractor, internal reflector and low 190 temperature ballast. Fixture shall be vandal resistant and provided 191 with photo control. DUNHAM ENGINEERING Repair and Repainting of Seminary Hill and Willow Springs Elevated Tanks Revised September,2017 Project No.100886 130200-6 ELEVATED WATER STORAGE TANK REHABILITATION Page 6 of 18 192 193 (c) Obstruction Lighting 194 Obstruction lighting shall be provided in accordance with FAA 195 standards. 196 197 The obstruction light shall be a steady burning, dual fixture type with 198 a lamp-out relay switch. The fixture shall be weather sealed, corrosion 199 resistant with aluminum base and housing. Red globes with LED 200 traffic signal lamps shall be provided. 201 202 iv) Steel Tank Painting 203 204 (1) Abrasive Material 205 All exterior abrasive material used in the removal of protective coating 206 systems shall be silica free and low dust producing. Materials such as 207 copper slag and Green Diamond are permitted. Abrasive derived from 208 coal or petroleum products that leave an oily residue on the surface of the 209 steel are also NOT permitted. Submit abrasive selection for approval. 210 211 (2) Coating Material 212 The Contractor shall use the materials specified, or materials of another 213 manufacturer that are deemed equal in the opinion of the City to the 214 materials specified. The quality of the specified materials shall be the 215 Standard of Quality specified. All interior paint shall conform to Standard 216 61 of the National Sanitation Foundation(NSF) and will be on the NSF 217 approved list of inside finish materials. In the event the Contractor 218 desires to substitute the products of another manufacturer,he shall apply 219 to the Engineer in writing at least fourteen (14) days prior to the bid date 220 requesting substitution, and shall furnish with his request complete 221 descriptive materials on the products along with NSF Certification, plus 222 full manufacturer's recommendations of surface preparation and 223 application. 224 225 All paints, thinners and associated products used in the application of the 226 protective coating systems will be manufactured by The TNEMEC 227 Company of Kansas City, MO,unless an alternate coating system is 228 selected as provided for above or in PART 3,Paragraph 10 - Alternate 229 Coating Systems. DUNHAM ENGINEERING Repair and Repainting of Seminary Hill and Willow Springs Elevated Tanks Revised September,2017 Project No. 100886 13 02 00-7 ELEVATED WATER STORAGE TANK REHABILITATION Page 7 of 18 230 231 PART 3- EXECUTION 232 233 1) Welding 234 235 Welding procedures and general welding requirements shall be in accordance 236 with AWWA D100,AWS Structural Welding Code D1.1, and these 237 Specifications. All fillet welds shall be full fillet welds unless otherwise specified. 238 239 Grinding of weld contour shall approximate Condition"D" of NACE Standard 240 SP0178 241 242 All welding repairs shall be completed before any paint is applied to the 243 structure. All appurtenances, supports and steel members shall be constructed of 244 Type A36 mild carbon steel unless otherwise specified and be in accordance with 245 AWWA D100,AISC 13th Edition, and TCEQ Chapter 290. 246 247 2) Repair Items of Work 248 249 i) Seminary Hill EST 250 251 (1) Extend existing exterior access platform on riser at ladder. To be as 252 designed in Drawings section. 253 254 (2) Install new light bulbs, globes, guards and, as necessary, conduit of 255 interior dry stem lighting. Materials used to be as noted in Part 2- 256 Materials. Ensure all lights are functioning properly and a 3" clear space 257 is maintained around all ladder handrails. 258 259 (3) Replace the top 20' of the interior-dry-area ladder. Ladder shall be in 260 accordance with AWWA D100 requirements. Ensure rungs are properly 261 spaced. Ladder rungs shall be non-slip,punched through handrails, and 262 welded inside and out, all around. 263 264 (4) Remove the existing cathodic protection system. 265 DUNHAM ENGINEERING Repair and Repainting of Seminary Hill and Willow Springs Elevated Tanks Revised September,2017 Project No.100886 130200-8 ELEVATED WATER STORAGE TANK REHABILITATION Page 8 of 18 266 (5) Cover cathodic protection holes in roof with welded 1/4' thick steel plates. 267 Seal weld to roof in accordance with AWS D1.1, overhead welding not 268 required. Caulk interior un-welded seams with Sikaflex or equal. 269 270 (6) Replace existing 3" diameter washout pipe and nozzle at interior 271 platform. See photo on Page 63 of 74 of Report of Inspection. 272 273 (7) Replace existing interior rest platform and supports with new platform 274 and supports as designed in Drawings section. 275 276 (8) Seal weld exterior of sample tap lock-box to tank riser per AWS D1.1. See 277 photo on Page 14 of 74 of Report of Inspection. 278 279 (9) Replace obstruction light bulbs with LED bulb specified in the Section. 280 281 (10) After all painting is complete,remove and replace existing vent 282 screen with new # 16 fiberglass window screen around vent pipe and 283 overlap by 3". Hold in place with fiberglass bands at top and bottom. 284 285 (11) Remove and replace existing TEC 2000 Valve Actuator with new 286 actuator of similar make. Submit new actuator model for approval 287 prior to installation. 288 289 (12) Install new gaskets and triple-dipped galvanized steel nuts and 290 bolts for all manways after all painting is completed and properly cured. 291 Ensure manways are water-tight. 292 293 ii) Willow Springs CET 294 295 (1) After abrasive blast cleaning and before coating application,perform a 296 vacuum box test on the entire interior floor of tank per AWWA D107. 297 Identify all holes and cracked welds. Repair damaged welds via grinding 298 and welding per AWS D1.1. Payment shall be per unit price described in 299 Part 3.3 Repair of Pits and Prior Corrosion Damage. 300 DUNHAM ENGINEERING Repair and Repainting of Seminary Hill and Willow Springs Elevated Tanks Revised September,2017 Project No. 100886 13 02 00-9 ELEVATED WATER STORAGE TANK REHABILITATION Page 9 of 18 301 (2) Remove and replace existing TEC 2000 Valve Actuator with new 302 actuator of similar make. Submit new actuator model for approval 303 prior to installation. 304 305 (3) Replace obstruction light bulbs with LED bulb specified in this Section. 306 307 (4) After all painting is complete,remove and replace existing vent screen 308 with new # 16 fiberglass window screen around vent pipe and overlap by 309 3". Hold in place with fiberglass bands at top and bottom. 310 311 (5) Install new gaskets and triple-dipped galvanized steel nuts and bolts for 312 all manways after all painting is completed and properly cured. Ensure 313 manways are water-tight. 314 315 3) Repair of Pits and Prior Corrosion Damage 316 After abrasive blast cleaning,Engineer's Field Representative will inspect the 317 steel surface to determine the repair procedure. The repairs may be made by 318 using TNEMEC Series 215 100% solids epoxy pit filler, or by welding as directed 319 by the Engineer. Those pits deeper than 1/8" will be repaired by welding pit 320 flush with the surface of the tank. Pits less than 1/8" will be repaired with 100% 321 solids epoxy after prime coat application. Repairs may be performed after zinc 322 rich primer has been applied per the appropriate coating specification in this 323 document. Quantities contained in the unit price bid are only an estimate. 324 Actual field repairs will be performed as directed by Engineer and will be paid 325 per repair at the unit price bid supplied by the Contractor. 326 Approximately two (2) gallons of epoxy pit filler are expected to be required to 327 repair shallow pits in each tank. 328 It is estimated that after abrasive blast cleaning; each tank will require repair by 329 welding approximately 300 pits,holes or other corrosion damaged areas up to 6" 330 in diameter. Large pits (greater than 2"diameter or multiple pits clustered 331 closely together) shall be repaired by welding 1/4" steel plates to the tank per 332 AWS D1.1 (3/16" thickness is acceptable above the HWL). Blast and prime entire 333 area affected by repairs according to the appropriate coating specification in this 334 document. 335 DUNHAM ENGINEERING Repair and Repainting of Seminary Hill and Willow Springs Elevated Tanks Revised September,2017 Project No. 100886 13 02 00-10 ELEVATED WATER STORAGE TANK REHABILITATION Page 10 of 18 336 4) Protective Coating Replacement 337 338 i) General 339 All coating operations shall be performed in accordance with SSPC PA-1, 340 SSPC PA-2, AWWA D102 and these Specifications. 341 342 Surfaces to be painted shall be clean and free of scale, rust, dirt, oil, grease, 343 moisture, or other foreign matter prior to coating. Surfaces shall be free from 344 blisters, rough welds, sharp edges,pits or other imperfections prior to 345 painting. Slag,weld metal accumulation and splatter shall be removed by 346 chipping and grinding. 347 348 Paint application shall not proceed when the temperature is below 50 degrees 349 Fahrenheit, during precipitation or fog, or if there is moisture on the surfaces 350 to be painted. Exceptions to the temperature limit will be allowed in 351 accordance with the manufacturer's printed literature. Each coat of paint shall 352 dry thoroughly as specified by the manufacturer prior to application of 353 successive coats. Do not immerse coating until specified dry film thickness 354 has been obtained and finish coating system has been allowed to cure as 355 recommended by the paint manufacturer. 356 357 All paint shall be thoroughly agitated prior to use and shall be kept agitated 358 while in use. All ready-mixed paint shall be applied as received from the 359 manufacturer,without addition of any kind of drier or thinner except as 360 permitted by the manufacturer. Paint shall be applied according to 361 manufacturer's recommendations. 362 363 Each coat shall be applied at the rate specified and in the manner specified by 364 the manufacturer. Deficiencies in tested dry film thickness shall be corrected 365 by application of additional coat(s) of paint. 366 367 All paint materials shall be evenly spread without runs, sags, drips or other 368 faults. Finished surfaces shall be uniform in thickness,color and appearance 369 and shall be free from brush marks. All lines of demarcation between paints 370 of different colors or shades shall be carefully drawn so as to be true and free 371 from blurred edges. 372 373 All sharp edges,weld seams,nuts,bolts, and other items difficult to coat shall 374 receive a brush applied coat of the specified polyamide epoxy coating DUNHAM ENGINEERING Repair and Repainting of Seminary Hill and Willow Springs Elevated Tanks Revised September,2017 Project No. 100886 13 02 00-11 ELEVATED WATER STORAGE TANK REHABILITATION Page 11 of 18 375 thinned as much as allowable in accordance with the manufacturer's written 376 directions, liberally worked in after the prime coat and prior to the 377 intermediate coat of paint. 378 379 During and after final application of each coating, all metal surfaces shall be 380 checked with appropriate wet and dry mil gauges to ensure that the required 381 thickness of coating is being obtained.The Contractor shall provide a set of 382 standards with the gauge so that accuracy of the gauge can be checked. 383 384 Each coat shall be sprayed or rolled on in accordance with manufacturer's 385 recommendations. Rolling interior paint is not permitted. The type of spray 386 nozzle, the fluid pressure at the gun, the distance from the gun to the surface 387 being painted and the speed of travel of the gun shall be as recommended by 388 the manufacturer. Thinning shall be done as recommended. All paint in the 389 fluid pot and lines shall be cleaned out with thinner before application of the 390 paint is begun. The thinner may be used also for cleaning the painting 391 equipment at the end of each day's operations. 392 393 Each coat shall be dry to touch before the next coat is applied. Follow the 394 manufacturer's directions explicitly. 395 396 ii) Interior Surface Preparation and Coating 397 398 (1) General 399 The work covered by this part of the specification includes painting the 400 entire interior surface area of the structure. This includes but is not limited 401 to all ladders, condensate floors and interior piping. The Contractor shall 402 furnish all materials required for the painting and shall install them in 403 accordance with the manufacturer's written directions and these 404 specifications. 405 406 The Contractor is cautioned that small amounts of paint are intoxicating 407 and large amounts tend to be toxic. The Contractor shall make provisions 408 to keep the tank well ventilated during the spraying and drying 409 operations to protect the personnel and to facilitate drying of the coating 410 by solvent evaporation. During the actual spraying operations, all 411 personnel within the tank shall be furnished with either an appropriate 412 respirator or source of external air such as a compressed air line to a 413 sandblasting helmet. At least two men shall be in the tank during spraying DUNHAM ENGINEERING Repair and Repainting of Seminary Hill and Willow Springs Elevated Tanks Revised September,2017 Project No. 100886 13 02 00-12 ELEVATED WATER STORAGE TANK REHABILITATION Page 12 of 18 414 operations. 415 416 (2) Surface Preparation 417 Abrasive blast clean all areas to SSPC SP-6 Commercial Blast Standard. A 418 suitable angular anchor profile of at least 2.0 mils as determined by Testex 419 strips shall be established. All areas shall be pressure washed with clean 420 water per SSPC SP-1 prior to blasting to prevent embedment of 421 contaminants from existing coating. 422 423 Remove all blast debris from tank and inspect the interior surface area for 424 pits and soluble salt contamination. Soluble iron salt concentration and 425 chloride concentration shall be sampled via a Chlor*Test SCAT Kit with 426 latex sleeve and tested with a chloride titrator tube and ferrous ion test 427 strips in accordance with SSPC Guide 15 and the manufacturer's 428 instructions. If alternate method is to be used, submit to Engineer for 429 approval. 430 431 After proper surface sampling via SCAT kit, test collected sample in latex 432 sleeve with chloride titrator tube and ferrous ion test strips. If ferrous ion 433 salt content or chloride ion content is above 10µg/cm2 (equal to 10 ppm 434 when SCAT test is used),pressure wash per SSPC SP-1 all blast cleaned 435 areas to reduce soluble salt content to less than the above limits. 436 437 When soluble salt concentrations and conductivity are below the limits, 438 set above and all repairs have been made, install desiccant 439 dehumidification equipment and abrasive blast clean all interior surfaces 440 including areas above HWL to near-white standard per SSPC SP-10. 441 442 Dehumidification equipment must remain operational and running from 443 the time the near-white blast commences and run 24 (twenty-four) hours 444 per day until five days after the final coat of paint is applied. The unit 445 must control the environment to keep the air inside the tank and riser at 446 less than 50% (fifty)relative humidity at all times. Minimum desiccant 447 dehumidification equipment required is an HC-9000 GA desiccant with 50 448 KW generator as supplied by DH Technologies, or equal. 449 450 (3) Coating Application 451 452 (a) Coating System DUNHAM ENGINEERING Repair and Repainting of Seminary Hill and Willow Springs Elevated Tanks Revised September,2017 Project No. 100886 13 02 00-13 ELEVATED WATER STORAGE TANK REHABILITATION Page 13 of 18 453 454 Apply following NSF approved three coat system of zinc rich primer 455 top coated with two coats of polyamide epoxy to all interior surfaces. 456 457 Prime coat: TNEMEC Series 94 H2O Hydro-Zinc at 2.5-3.5 mils DFT. 458 Stripe coat: TNEMEC Series 20 or 140 polyamide epoxy thinned as 459 much as allowable and brushed into all weld seams. 460 Intermediate and Finish coats:TNEMEC Series 20 or 140 polyamide 461 epoxy applied at 4-6 mils DFT. 462 Seam Sealer & Pit Filler: Apply Sikaflex to all interior un-welded 463 seams above the HWL, including rafters and ceiling plates. Apply 464 TNEMEC Series FC22 to any un-welded seams below the HWL. 465 466 Minimum thickness required for the total system is 12 mils DFT. Each 467 succeeding coat of paint will vary from the preceding in color so as to 468 be able to verify coverage. Color of finish coat of paint shall be 469 TNEMEC Tank White. 470 471 (b) Holiday Testing 472 473 After the paint thickness meets these specifications and has cured for 474 at least five days, the Contractor shall test the entire surface of the 475 paint system, including above the HWL, for holidays with a low 476 voltage wet sponge detector in accordance with NACE SP0188. 477 Holidays shall be marked and reworked until no further holidays 478 appear. After all holiday checking is complete, the point of ground 479 connection shall be carefully coated. 480 481 iii) Exterior Area Surface Preparation and Coating 482 (1) General 483 484 The work covered by this part of the specification pertains only to the 485 Seminary Hill EST. 486 487 The work covered by this part of the specification includes painting the 488 entire exterior surface area of the tank. It also includes painting any steel 489 outside the tank such as vents, hatches, steel retaining rings, exposed yard 490 piping and all other items outside the tank. Data plates shall not be DUNHAM ENGINEERING Repair and Repainting of Seminary Hill and Willow Springs Elevated Tanks Revised September,2017 Project No. 100886 130200-14 ELEVATED WATER STORAGE TANK REHABILITATION Page 14 of 18 491 painted over. The Contractor shall furnish all materials and equipment 492 required for the painting and shall install them in accordance with the 493 manufacturer's written direction and these specifications. Exterior 494 Stainless steel shall be coated only if specifically directed by Engineer's 495 Field Representative. 496 497 (2) Containment 498 The existing exterior coating system contains less than 1% lead by weight. 499 Containment is required during the exterior abrasive blasting and coating 500 operations to prevent nuisance dust per TCEQ. 501 502 Sufficient outriggers must be mounted on the tank to allow a fully 503 operational shroud system in winds of up to 25 mph. Containment plan 504 must be submitted to Engineer for approval. 505 506 Shroud exterior of tank with Class 3A shroud including top cap per SSPC 507 Guide 6 (CON). Alternate containment systems such as use of Blast-Tracs 508 or vapor blasting will be considered, if Contractor can show he has 509 successfully used these technologies in similar applications. 510 511 All rigging clips shall be removed from the tank after exterior coating 512 work is complete. These areas will be ground smooth, spot blasted and 513 coated in accordance with the specified coating system. 514 515 (3) Surface Preparation 516 Abrasive blast clean the entire exterior surface area to SSPC SP-6 517 Commercial Blast Standard. A suitable angular anchor profile of at least 518 2.0 mils as determined by Testex strips shall be established. All areas shall 519 be pressure washed with clean water per SSPC SP-1 prior to blasting to 520 prevent embedment of contaminants from existing coating 521 522 (4) Repair deep pits by welding. Shallow pits shall be repaired with 100% 523 solids epoxy paste after zinc-rich primer is applied. Quantities specified 524 above. 525 526 (5) Apply following four coat Zinc Rich 527 Primer/Epoxy/Polyurethane/Fluoropolymer system: 528 DUNHAM ENGINEERING Repair and Repainting of Seminary Hill and Willow Springs Elevated Tanks Revised September,2017 Project No. 100886 13 02 00-15 ELEVATED WATER STORAGE TANK REHABILITATION Page 15 of 18 529 Prime coat: TNEMEC Series 94 H2O Hydro-Zinc applied at 2.5-3.5 mils 530 DFT. 531 Stripe coat: TNEMEC Series 20 or 66 polyamide epoxy thinned as much 532 as allowable and brushed into all weld seams. 533 1St Intermediate coat: TNEMEC Series 20 or 66 polyamide epoxy applied 534 at 4-6 mils DFT. 535 2nd Intermediate coat: TNEMEC Series 1075 polyurethane applied at 2-3 536 mils DFT. 537 Finish coat: TNEMEC Series 700 Hydroflon fluoropolymer applied @ 2-3 538 mils DFT. 539 Total system thickness must be 12.0 mils DFT minimum. Each 540 succeeding coat of paint will vary from the preceding in color so as to be 541 able to verify coverage. Color(s) of finish coat shall be selected by 542 Owner after Contractor submits color choices chart. 543 544 iii) Coating Repair Procedure 545 If coating repairs are required for any reason, the repairs shall be made in a 546 manner that will not damage surrounding coated surfaces. The area to be 547 repaired shall be free of rust, dirt, oil, grease, moisture and other foreign 548 material prior to coating application. The surrounding coating shall be 549 feathered to eliminate sharp edges. The repaired coating shall be applied and 550 inspected in the same manner as specified above. All requirements of the 551 coating specifications shall apply to coating repairs. 552 553 6) Cleaning 554 The tanks will be drained and the Contractor will be responsible for cleaning 555 any accumulated sand and silt prior to start of work. All materials used in the 556 blasting operations, sediment in the tanks, rust, paint and scale accumulated 557 from the cleaning operations and all other material in the tanks, shall be 558 removed from the tanks by the Contractor and properly disposed of. 559 560 7) Disinfection 561 The disinfection of the tanks will be performed via chlorine injection by the 562 City. City to provide all chlorine and City personnel to perform chlorine 563 injection. If this method fails, the Contractor shall provide labor only and use 564 chlorination methods as specified in AWWA C652 to disinfect the tank. The 565 Owner will fill the tanks and perform bacteriological testing. The Contractor 566 shall ensure the tanks are watertight and perform any maintenance necessary DUNHAM ENGINEERING Repair and Repainting of Seminary Hill and Willow Springs Elevated Tanks Revised September,2017 Project No. 100886 13 02 00-16 ELEVATED WATER STORAGE TANK REHABILITATION Page 16 of 18 567 to make the tank watertight and in compliance with all TCEQ Chapter 290 568 Rules and Regulations prior to vacating the site. Job is not substantially 569 complete until tanks pass bacteriological testing and are in compliance with 570 TCEQ Chapter 290. 571 572 8) Guarantee and Cleanup 573 Upon completion of all work, the Contractor shall remove all surface 574 materials and rubbish and dispose of them in accordance with directions of 575 the Engineer. The Contractor shall repair all damage caused by his workers 576 and shall leave the premises in a clean and orderly condition equal to that of 577 when he found it. 578 579 9) Inspection 580 iii) General 581 The Engineer's Field Representative will perform quality assurance 582 inspections on the Contractor's work on a hold-point basis. The Contractor is 583 required to perform his own quality control. 584 585 No work will progress beyond the designated hold-point until approved by 586 the Engineer's Field Representative. 587 588 The Contractor is required to coordinate with the inspector and provide 24 589 hour notice to request a hold-point inspection. Hold-point inspections shall 590 NOT be scheduled during weekends or Federal Holidays. 591 592 The Contractor shall submit daily weather and progress reports, including 593 anticipated work schedule for the next 7 days,to Engineer and Engineer's 594 Field Representative via email. 595 596 The Contractor is responsible for providing safe rigging to gain access to all 597 work areas to be inspected. All rigging must conform to OSHA Standard 598 1910. 599 600 The Contractor is responsible for providing recommended lighting per SSPC 601 Technology Guide 12 to illuminate the work and inspection areas. 602 603 If the Contractor does not provide adequate lighting or safe rigging to 604 properly inspect the work, the inspection will be postponed until such time as 605 the Engineer can schedule an inspection to determine if the work may DUNHAM ENGINEERING Repair and Repainting of Seminary Hill and Willow Springs Elevated Tanks Revised September,2017 Project No.100886 13 02 00-17 ELEVATED WATER STORAGE TANK REHABILITATION Page 17 of 18 606 progress beyond the hold-point. 607 608 iv) Hold Points 609 The following hold-points are designated: 610 (1) All welding repairs completed prior to painting 611 (2) Containment erection completed 612 (3) Surface contaminants removed (if required) 613 (4) Concrete forms and reinforcement approved prior to pour 614 (5) Blast profile obtained and degree of blast completed 615 (6) Prime coat completed 616 (7) Stripe coat completed 617 (8) Intermediate coat completed 618 (9) Finish coat completed 619 (10) Holiday detection test of interior completed 620 (11) Cure test of interior completed 621 622 10)ALTERNATE COATING SYSTEMS 623 Contractors may provide alternate pricing for the following coating systems: 624 A. Interior coating system: 625 626 Interior prime coat: Sherwin-Williams Corothane I Galvapac Zinc or 627 Induron Indurazinc MC 67 applied at 2.5 -3.5 mils DFT. 628 Interior stripe,intermediate &finish coats: Sherwin-Williams 629 Macropoxy 646 PW or Induron PE 70 applied at 4.0 to 6.0 mils DFT each 630 coat. 631 Interior seam sealer & pit filler:Sherwin-Williams Steel Seam FT 910 or 632 Induron Aquatapoxy A-6. 633 634 Total interior system thickness must be 12.0 mils DFT minimum. 635 636 B. Exterior coating system: 637 638 Exterior prime coat:Sherwin-Williams Corothane 1 Galvapac Zinc or 639 Induron DF 67 applied at 2.5-3.5 mils DFT. 640 Exterior stripe and 1st intermediate coat: Sherwin-Williams Macropoxy 641 646 PW or Induron Armorguard at 4.0-5.0 mils DFT. 642 Exterior 2nd intermediate coat: Sherwin-Williams Hi-Solids Polyurethane 643 or Induron Indurethane 6600 Plus Polyurethane at 2.0-3.0 mils DFT. DUNHAM ENGINEERING Repair and Repainting of Seminary Hill and Willow Springs Elevated Tanks Revised September,2017 Project No. 100886 13 02 00-18 ELEVATED WATER STORAGE TANK REHABILITATION Page 18 of 18 644 Exterior finish coat &logos:Sherwin-Williams Fluorokem or Induron 645 Fluorothane at 2.0-3.0 mils DFT. 646 647 Total exterior system thickness must be 12.0 mils DFT minimum. 648 649 C. All contractors must provide pricing based on the TNEMEC coating 650 systems in the Base Bid. Alternate coating system pricing, if provided,will 651 be shown on the Bid Form as an ADD or DEDUCT to the overall Base Bid. 652 653 D. The City will decide whether to proceed with the TNEMEC coating 654 system, or to accept the alternate coating system price if one is provided. 655 656 END OF SECTION DUNHAM ENGINEERING Repair and Repainting of Seminary Hill and Willow Springs Elevated Tanks Revised September,2017 Project No.100886 12815 FM 2154,Suite, 1DUNHAM , •1 College • 690-7034 www.DunhamEngineering.com ENGINEERING TX Firm No.2253 Inspection. Design. Field Inspection Report Dunham Engineering, Inc. •1 Tank ID:Seminary Hill EST • of • Worth Inspector: DEI-WeslOatman and Travis Tatum Date of • • 8/29/2017 Tank Description:2,000,000 Gallon Elevated Storage Overview 1 w��•R- o I Sav4'F� �1351� �- � TI�rFlilJkn+� ia� . •' � � NuB11 3C���Cd5 a c # l►'•�7 i 4 '• 1 ;YI6FT�jII� _ I+ �� •• � � it � � � .!D' �� 4} ' i � y � • 1 r7 a Page 1 of } f r 4 Attributes Title Fort Worth Semina!y Hili EST Inspection Item Overview Condition Fair Notes/Dimensions This is a 2,000,000 gallon welded steel legged style elevated storage tank.The tank was constructed by Chicago Bridge and Iron in 1948. The tank is in good overall structural condition.The exterior coatings are aging and beginning to fail.The interior wet coating below the high water line is in fair condition with minimal corrosion damage noted. Above the high water line,the interior wet coating is in poor condition with rafters and center ring showing moderate to severe corrosion damage. It is recommended that both the interior wet and exterior coatings be replaced to prevent extensive repair to the tank and extend its overall life. Approximately 80 feet to low water level. Inspector WO Page 2 of 74 ....... ... 10:W�3 �'-'T-A Inspection Item Condition Notes/Dimensions On site signage S 4, r21' 25.86" 812912017 Attributes Title Fort Worth Seminary Hill EST Inspection Item Site and Fencing Condition Fair Notes/Dimensions Open site that is surrounded by a six foot chain link fence with barbed wire. Inspector WO Page 4 of 74 +" f Attributes Title Fort Worth Seminary Hill EST Inspection Item Site and Fencing Condition Fair Notes/Dimensions Open site that is surrounded by a six foot chain link fence with barbed wire. Inspector WO Page 5 of 74 i . Xr 4 �f 40' 51 ,691,a Attributes Title Fort Worth Seminary Hill EST Inspection Item Site and Fencing Condition Fair Notes/Dimensions Open site that is surrounded by a six foot chain link fence with barbed wire. Inspector WO Page 6 of 74 .5 I Z�r Attributes Title Fort Worth Seminary Hill EST Inspection Item Site and Fencing Condition Notes/Dimensions Smali g on back side of site. Inspector • ■ _ _ _ - � {tom•+f. • - y r�r {l+ i q' �y�Y {1``.� ' *I. - . _ ,' i ,t f i �kJ�4 '1 4' '-`''� . •F� l i+1�1 L C Attributes Title Fort Worth Inspection Item Siteand Fencing Condition Notes/Dimensions Open site that is surrounded by a six foot chain link fence with barbed Inspector Page 8 of 3 '.qqpw� 8129/2017 10:36:0I� Aj Attributes Title Fort Worth Seminary Hill EST Inspection Item Site and Fencing Condition Fair Notes/Dimensions Open site that is surrounded by a six foot chain link fence with barbed wire. Inspector WO Page 9 of 74 J r.— F ■ r s Attributes Title Fort Worth Seminary Hill EST Inspection Item Site and Fencing Condition Fair Notes/Dimensions Entry to site from a residential street is a tight turn for a trailer. Inspector WO Page 10 of 74 r r. i w ° Attributes Title Fort Worth Seminary Hill EST — Inspection Item Exterior Coating Condition Fair Notes/Dimensions Paint samples taken for testing Inspector WO Page 11 of 74 i i I Attributes Title Fort Worth Seminary Hill EST Inspection Item Overflow Pipe and Drain Condition Fair Notes/Dimensions Nom. 16" and 6"respectively Inspector WO Page 12 of 74 l 1 r Attributes Title Fort Worth Seminary Hill EST Inspection Item Overflow Pipe Condition Fair Notes/Dimensions Properly working Inspector WO Page 13 of 74 i 4 ' • r * F � 1 i I Attributes I Title Fort Worth Seminary Hill EST Inspection Item Lock Box Condition Fair Notes/Dimensions Connected to riser at overflow and drain junction. Inspector WO Page 14 of 74 Attributes Title Fort Worth Seminary Hill EST Inspection Item Foundation Condition Fair Notes/Dimensions 16 legs in total. Each with 2 anchor bolts.All foundations appear approximately 4" minimum above grade Inspector I WO Page 15 of 74 51 Attributes Title Fort Worth Seminary Hill EST Inspection Item Foundation Condition Fair Notes/Dimensions 16 legs in total.Each with 2 anchor bolts.All foundations appear approximately 4"minimum above grade Inspector WO Page 16 of 74 i r VV 21 ' • 812912017 10:4,3:411 Attributes Title Fort Worth Seminary Hill EST Inspection Item Foundation Condition Fair Notes/Dimensions 16 legs in total. Each with 2 anchor bolts.All foundations appear approximately 4" minimum above grade Inspector WO Page 17 of 74 V. :-r W Or 21' 2L 912WM7 10%C Attributes Title Fort Worth Seminary Hill EST Inspection Item Access manway at Riser Condition Fair Notes/Dimensions Nom. 36" dia. Inspector WO Page 18 of 74 4 71w I t Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior Condition Fair Notes/Dimensions Wet riser has ladder overflow,and drain at base. Inspector WO Page 19 of 74 t 4 A a r � M T MUM M Attributes Title Fort Worth Seminary Hill EST Inspection Item Sample tap Condition Fair Notes/Dimensions Located inside lock box inspector WO Page 20 of 74 N Sr W 0I.Sir WormoMerNAM? 10®47:+ Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior of wet riser Condition Fair Notes/Dimensions Interior coating appears in fair condition. Inspector WO Page 21 of 74 0 Mar SOMMM Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior of wet riser Condition Fair Notes/Dimensions Exterior ladder access,goes to platform at interior. Inspector WO Page 22 of 74 �Ys ♦f�; r.9,. Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior Coating Condition Fair Notes/Dimensions Measured 10-12 mils thick Inspector WO Page 23 of 74 r d Attributes �F Title Fort Worth Seminary Hill EST Inspection Item Data Plate Condition Fair Notes/Dimensions Constructed by Chicago Bridge and Iron Company in 1948. Inspector WO Page 24 of 74 Attributes Title . Fort Worth Seminary Hill EST Inspection Item Exterior Coating Condition Fair Notes/Dimensions Measured 10-12 mils thick Inspector WO Page 25 of 74 'x t z �' 0`6 ■ U G 1100 i we Attributes Title Fort Worth Seminary Hill EST Inspection Item Exterior of Riser Condition Fair Notes/Dimensions Platform beneath bowl exterior. Inspector WO Page 26 of 74 4 N 320 40 51 . r 44 Y� i Attributes Title Fort Worth Seminary Hill EST Inspection Item Exterior Condition Fair Notes/Dimensions Underside of bowl Inspector WO Page 27 of 74 r .tin TM Attributes Title i Fort Worth Seminary Hill EST Inspection Item Exterior Condition Fair Notes/Dimensions Rod connection in good condition Inspector WO Page 28 of 74 LLZ Attributes Title Fort Worth Inspection Item Exterior ••' Condition Notes/Dimensions 16"clearance at railing Inspector Page 29 of 74 I t- i i d X � y f Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior Ladder Condition Fair Notes/Dimensions Nominal 48"x 36"tube Inspector WO Page 30 of 74 Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior Ladder Condition Fair Notes/Dimensions Nominal 48"x 36"tube Inspector WO Page 31 of 74 f R Z ' r 3 � w i } 3 } Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior Ladder Condition Fair Notes/Dimensions Corrosion damage to floor. Inspector WO Page 32 of 74 r � .a f- I i 1 Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior Ladder Condition Fair Notes/Dimensions Lights and gaskets to be replaced Inspector Wo Page 33 of 74 Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior Dry Riser Condition Fair Notes/Dimensions Coating failure Inspector WO Page 34 of 74 i U. r Ry f 1 - Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior Dry Riser Condition Poor Notes/Dimensions Coating failure Inspector W0 Page 35 of 74 1 i i i 25.86" !2912017 1 Ard Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior Dry Riser Condition Poor Notes/Dimensions Coating failure Inspector WO Page 36 of 74 Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior Dry Riser Condition Poor Notes/Dimensions Coating failures occur at periodic intervals.On both sides a of ladder at same elevations. Caused by welding of overflow pipe supports. Inspectcar WO Page 37 of 74 w i\ 1 ' f ?.k i f j At Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior Dry Riser Condition Poor Notes/Dimensions Access at top to platform. Ladder portion has non slip rungs and is too narrow for standards. Inspector Wo Page 38 of 74 F `t r Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior ladder Condition Poor Notes/Dimensions Runs along exterior of dry riser Inspector WO Page 39 of 74 i ry i Attributes Title Fort Worth Senning Hill EST Inspection Item Interior platform Condition Poor Notes/Dimensions Runs along top of dry riser.Approx. 10'outer run,4' inner.3'width of walkway. Inspector WO Page 40 of 74 Jim N 320 • w 8/2912017 • Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior Condition Poor Notes/Dimensions Interior ceiling showing corrosion damage Inspector WO Page 41 of 74 r Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior Condition Poor Notes/Dimensions Interior bowl Inspector WO Page 42 of 74 f }r + f 7'- 71- a Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior Condition Poor Notes/Dimensions Rafters and previous repair work appear in fair condition.43 angle rafter to 6"thrust ring Inspector WO Page 43 of 74 f 11 PN .3 2 40' 51 .69 r i J2017 11 ,2030 AM Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior Condition Poor Notes/Dimensions Rafters and previous repair work appear in fair condition. Inspector WO Page 44 of 74 4t�� e �f s * 1 Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior Condition Poor Notes/Dimensions Rafters and previous repair work appear in fair condition.43 angle rafter to 6"thrust ring Inspector WO Page 45 of 74 11 10 t: o ' 3 Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior Condition Poor Notes/Dimensions Rafters and previous repair work appear in fair condition. Inspector WO Page 46 of 74 Yw - 7 97" 25.86" Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior Condition Poor Notes/Dimensions Rafters and previous repair work appear in fair condition.43 angle rafter to 6"thrust ring Inspector WO Page 47 of 74 J I .V i Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior Condition Poor Notes/Dimensions Rafters welded to wing plate which is welded to thrust ring. Inspector WO Page 48 of 74 5 Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior Condition Poor Notes/Dimensions Reinforcement to riser and platform. Inspector WO Page 49 of 74 i t i Y Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior Condition Poor Notes/Dimensions Reinforcement to riser and platform. Inspector WO Page 50 of 74 f r 3 2 'i F I • � .K 8)29/2017 11 :213: 12 Atj Attributes Title Fort Worth Seminary Hill EST Inspection Item Overflow. Condition Poor Notes/Dimensions Weir appears in fair shape Inspector WO Page 51 of 74 • w I� Attributes Title Fort Worth Seminary Hill EST Inspection Item Cathodic Protection Condition Poor Notes/Dimensions 28 total. 16 outer.8 mid.4 center. Ins ector WO Page 52 of 74 { � f Attributes Title Fort Worth Seminary Hill EST Inspection Item Exterior Coating Condition Poor Notes/Dimensions Coating samples taken. Inspector WO Page 53 of 74 w ■ 1 5 L' P. x AliMl A Attributes Title Fort Worth Seminary Hill EST Inspection Item Exterior Coating Condition Poor Notes/Dimensions Coating samples taken. Inspector WO Page 54 of 74 • #, , y � 11' t -low Av • ► `' ` +►� or 4 .T + • Aot ■ i AL Attributes tf Title Fort Worth Seminary Hill EST Inspection Item Exterior Coating Condition Poor Notes/Dimensions Coating samples taken. Inspector WO Page 55 of 74 y Y A 32` 40' ; • r21' 25,86" w fw 8/29/2017 + j Attributes Title Fort Worth Seminary Hill EST Inspection Item Obstruction Light Condition Poor Notes/Dimensions Fixed at time of inspection Inspector I WO Page 56 of 74 AE w w a 970 • i w • 11:40:23 A Attributes Title Fort Worth Seminary Hill EST Inspection Item Obstruction Light Condition Fair Notes/Dimensions Fixed at time of inspection. FAA L810 LED Inspector WO Page 57 of 74 .......... 4L I, * MOMli M Attributes Title Fort Worth Seminary Hill EST Inspection Item Roof Manway Top Vent and Construction Hatch Condition Fair Notes/Dimensions All nominal 36"diameter. Inspector WO Page 58 of 74 IK TZp Attributes Title Fort Worth Seminary Hill EST Inspection Item Roof handrail and outer antenna mounts. Condition Fair Notes/Dimensions 42"handrail.20'diameter handrail. Inspector WO Page 59 of 74 I Attributes _ Title Fort Worth Seminary Hill EST Inspection Item Roof winch Condition Fair Notes/Dimensions Appears in fair condition Inspector WO Page 60 of 74 N 32c' 40' 51.69" W 970 21' 25.864' 8/29/2017 11:54,31 AM Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior Coating Condition Fair Notes/Dimensions Additional angle iron supports to side wall Inspector WO Page 61 of 74 I N 320 40 1 ' 25.86" ;3/29/2017 • ArO Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior Coating Condition Fair Notes/Dimensions Additional angle iron supports to side wall Inspector Wo Page 62 of 74 i y t y , � 4 r I Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior washout Condition Fair Notes/Dimensions Replace.3"diameter pipe.& nozzle Inspector WO Page 63 of 74 N 32" 401 51.69" i • 6" 812912017 12,02-132 PM Attributes Title Fort Worth Seminary Hill EST Inspection Item Overflow Wier Condition Fair Notes/Dimensions Inspector wo Page 64 of 74 N 320 40' . . :52 Pi Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior platform Condition Fair Notes/Dimensions Moderate corrosion Inspector Wo Page 65 of 74 5 } � _ r r r r y�� • f Attributes Title Fort Worth Inspection Item Int • Condition Notes/Dimensions • • • Inspector Page 66 of 74 N 320 ,0 `. . i ,: Pry Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior Condition Fair Notes/Dimensions Minimal sediment noted. Inspector WO Page 67 of 74 RIO i Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior Condition Fair Notes/Dimensions Overflow supports approx. Every 10' Inspector WO Page 68 of 74 Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior washout Condition Fair Notes/Dimensions 3" diameter continued to platform. Inspector WO Page 69 of 74 4 f • • 8/29/2017 r 12:09:32 r P Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior Condition Fair Notes/Dimensions Wet riser grate Inspector I WO Page 70 of 74 1 5 } • VV 970 21' 25-86" 81291201712: 10,23 PM Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior rafters Condition Fair Notes/Dimensions 20 rafters from center thrust ring to outer horizobntal support. 20 additional angle iron rafters from mid horizontal support to outer horizontal supports. Inspector WO Page 71 of 74 Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior rafters Condition Fair Notes/Dimensions 20 rafters from center thrust ring to outer horizobntal support. 20 additional angle iron rafters from mid horizontal support to outer horizontal supports. Inspector WO Page 72 of 74 Attributes Title Fort Worth Seminary Hill EST Inspection Item Interior rafters Condition Fair Notes/Dimensions 20 additional supports to outer half of roof. Inspector WO Page 73 of 74 Attributes Title Fort Worth Seminary Hill EST Inspection Item Overflow supports Condition Fair Notes/Dimensions In wet riser Inspector WO Page 74 of 74 ThOMAs ANA1YTiCA1 Environmental & Analytical Testing Services Page i of 2 Company: Dunham Engineering Report Date: 09/07/17 Submitted By: Jim Dunham Date Collected: 08/29/17 Client Code: 006 Date Received: 08/30/17 Report No.: 005467 Matrix: Paint Chips Project: Seminary Hili EST Sample ID:Interior Paint Lab ID:005467-1 Parameter Result RL Units Tech I Date I Time Method Lead 66 20 ppm JA 09/01/17 1415 6010- Sample 010*Sam le ID:Exterior Paint Lab ID:005467-2 Parameter Result RL Units Tech Date Time Method Lead 2,389 20 ppm JA 09/06/17 1610 6010* Test Methods for Evaluating Solid Waste, EPA SW-846. ND= Not detected at the reporting limit Ala .� 1 ia boratory De ' Thomas Analytical Services, Inc. PC) Box 9853 • 11183 State Hwy 30 • College Station, TX 77842 • Phone (979) 774-7485 • Fax (979) 774-1604 Website wwwthomasanalytical.com - Email. info@thomasanalytical.com Page 2 of 2 QC Report Client Code: 006 Report No.: 005467 ---------------------------------------------Duplicate Analysis-------------------------------------------- Sam le ID:Interior Paint Parameter Original Result Duplicate Result RPD RPD Max. Lead 66 72 2.2 20 ---------------------------------------------Spike Analysis------------------------------ --- Parameter Spike Added Measured Conc. "/o Recovery Recovery Limits Lead 100 92.7 93% 75- 125 ----------------------------------------Laboratory Control Sam ie----------------- ------------------ Parameter True Value Result Recovery QC Limits Lead 338 318 94% 80- 120 I at' IZratory redor� 12815 FM 2154,Suite,150 Phone:(979)690-6555 College Station,TX 77845 DUNHAMFax:(979)690-7034 www.DunhamEngineedng.com TX Firm No.2253 ENGINEERING Inspection. Design. Results. Field Inspection Report Dunham Engineering,Inc. (979)690-6555 Tank ID:Willow Springs EST Owner:City of Fort Worth Inspector: DEI-Wesley Oatman and Travis Tatum Date of Inspection:8/29/2017 Tank Description:2,000,000 Gallon Composite Elevated Storage Tank Overview Map fs AG EL 40* Al { , . • r ■ a . ■r . ■ q 11 '01111 ■ R ■ Page 1 of 39 ogi' 0 Attributes Title Fort Worth Willow Springs CST Inspection Item Overview Condition Fair Notes/Dimensions This is a 2,000,000 gallon composite elevated storage tank.The tank was constructed by Chicago Bridge and Iron in 2009. The tank is in good overall structural condition.The exterior coatings are in good condition.The interior wet coating shows signs of poor adhesion and inadequate curing time.There also appears to be a hole in the floor of the tank. It is recommended that the interior wet coating be replaced to prevent extensive repair to the tank and extend its overall life. During this process, it is suggested that a vacuum box test be done to locate the hole. Inspectors WO Page 2 of 39 r r y. i Attributes Title Fort Worth Willow Springs CST Inspection Item Site and Fencing Condition Fair Notes/Dimensions Open site that is surrounded by a six foot chain link fence with barbed wire. Inspector WO Page 3 of 39 ,x 5 - F Attributes Title Fort Worth Willow Springs CST Inspection Item Site and Fencing Condition Fair Notes/Dimensions The site has a perimeter fence that is 6'chainlink topped with barbed wire and secured with locked gates. Inspector Wo Page 4 of 39 �I i N 320 58* 06.58" 8/2912017 i Attributes Title Fort Worth Willow Springs CST Inspection Item Site and Fencing Condition Fair Notes/Dimensions The site has a perimeter fence that is 6'chainlink topped with barbed wire and secured with locked gates. Inspector WO Page 5 of 39 I I M I :s Sr i 1. ■ # • * 812912017 i ' rt ; Attributes Title Fort Worth Willow Springs CST Inspection Item Site and Fencing Condition Fair Notes/Dimensions The site has a perimeter fence that is 6'chainlink topped with barbed wire and secured with locked gates. Inspector WO Page 6 of 39 i + 4 Jr L N 32r' • 06.58" x i Attributes Title Fort Worth Willow Springs CST Inspection Item Overflow Pipe and Flap Valve Condition Fair Notes/Dimensions Nom. 18" dia. Inspector WO Page 7 of 39 FoRTWORTH u I. . CiTY OF FORT , 2.o mi WON GALLON ELEVATEOTANK YF-AFt,M9 105'TANK DIAMUER 3!j'HEAD RANGE OVERH.OSV ELEVATION 950'ABOVF M.S.L. CUICONSTRUCTORS.iM CONSU 0 c A , Attributes Title Fort Worth Willow Springs CST Inspection Item Data Plate Condition Fair Notes/Dimensions Historical city marker Inspector WO Page 8 of 39 QOMPOSiTE,. ELEVATED TANK .F ' 1 a w Attributes Title Fort Worth Willow Springs CST Inspection Item Data Plate Condition Fair Notes/Dimensions The 2.OMG composite elevated storage tank was constructed in 2009, by CB&I Inc. Inspector WO Page 9 of 39 i I a F viol Attributes Title Fort Worth Willow Springs CST Inspection Item Inlet Outlet Piping Condition Good Notes/Dimensions Nom. 24" dia. piping Inspector WO Page 10 of 39 I. qp �5 a r A L I !w Attributes Title Fort Worth Willow Springs CST Inspection Item Interior Ladder Condition Good Notes/Dimensions Bar style safety climb Inspector WO Page 11 of 39 lift�. ! i w► - 4 -F { Nc # �7o �m8491,2017 Attributes Title Fort Worth Willow Springs CST Inspection Item Drain Condition Poor Notes/Dimensions 4"diameter to 3" diameter at valve. Leak noted. Inspector WO Page 12 of 39 F + 1 � � w djok 8 � a d ■rte! .� Attributes Title Fort Worth Willow Springs CST Inspection Item Interior walkway Condition Fair Notes/Dimensions Walkway wraps around one side of tower Inspector WO Page 13 of 39 F � L IF 1� � 30 + c i IL . 06.58" i Attributes Title Fort Worth Willow Springs CST Inspection Item Interior walkway Condition Fair Notes/Dimensions Walkway wraps around one side of tower Inspector WO Page 14 of 39 �+ dw i doe 44 N 320 58' 06.58" Attributes Title Fort Worth Willow Springs CST Inspection Item Piping at concrete interior Condition Fair Notes/Dimensions Leak noted at drain line Inspector WO Page 15 of 39 +x.- { T Attributes Title Fort Worth Willow Springs CST Inspection Item Piping at concrete interior Condition Fair Notes/Dimensions Overflow shows signs of leak as well Inspector I WO Page 16 of 39 t t Attributes Title Fort Worth Willow Springs CST Inspection Item Dry access tube at concrete interior Condition Fair Notes/Dimensions Shows signs of leak at concrete junction of dry access tube Inspector WO Page 17 of 39 l f 1 - Attributes Title Fort Worth Willow Springs CST Inspection Item Interior Ladder Condition Fair Notes/Dimensions Access tube interior appears in good shape Inspector WO Page 18 of 39 Attributes Title Fort Worth Willow Springs CST Inspection Item Interior Riser Bolt Condition Fair Notes/Dimensions Loosened nut Inspector I WO Page 19 of 39 I } I 4h I� Attributes Title Fort Worth Willow Springs CST Inspection Item Interior Riser Bolt Condition Fair Notes/Dimensions Loose bolt painted in place. Inspector I WO Page 20 of 39 5 � a � Attributes Title Fort Worth Willow Springs CST Inspection Item Interior Coating Condition Poor Notes/Dimensions Failures noted throughout Inspector WO Page 21 of 39 #y tet_ F Attributes Title Fort Worth Willow Springs CST Inspection Item Interior Coating Condition Poor Notes/Dimensions Failures noted throughout Inspector WO Page 22 of 39 :t f ' AFV ko 40 AL _ f ir 32:' 58' 06.58d' # 37 ■ _812i i 135 PM- Attributes Title Fort Worth Willow Springs CST Inspection Item Interior Coating Condition Poor Notes/Dimensions Failures noted throughout Inspector Wo Page 23 of 39 N 320 i 1 . " '® Attributes Title Fort Worth Willow Springs CST Inspection Item Interior Coating Condition Poor Notes/Dimensions Failures noted throughout Inspector WO Page 24 of 39 5 Y i YM °� rVI8/2912017 Attributes Title Fort Worth Willow Springs CST Inspection Item Interior Coating Condition Poor Notes/Dimensions Failures noted throughout Inspector WO Page 25 of 39 7 i .58 * * 812912017 1 :53: 19 t Attributes Title Fort Worth Willow Springs CST Inspection Item Interior Coating Condition Poor Notes/Dimensions Failures noted throughout. Inspector WO Page 26 of 39 IN 32r' 58' 06.58" 970 24' . 8129.i2017 11 :5327 PI Attributes Title Fort Worth Willow Springs CST Inspection Item Interior Coating Condition Poor Notes/Dimensions Failures noted throughout. Evidence of previous touch up work. Floor welds should be vacuum box tested. Inspector I Wo Page 27 of 39 58' 06.58" ` 24' 37.61"' -61'2912017 1 :54.03 F Attributes Title Fort Worth Willow Springs CST Inspection Item Interior Coating Condition Poor Notes/Dimensions Failures noted throughout. Evidence of previous touch up work. Floor welds should be vacuum box tested. Inspector WO Page 28 of 39 58106.58" W 970 a 8129/2017 ® Iw Attributes Title Fort Worth Willow Springs CST Inspection Item Interior Coating Condition Poor Notes/Dimensions Failures noted throughout. Inspector WO Page 29 of 39 Attributes Title Fort Worth Willow Springs CST Inspection Item Overflow Wier Box. Condition Fair Notes/Dimensions None Inspector WO Page 30 of 39 1 ■ ■ 8;29'1.2017 P%l Attributes Title Fort Worth Willow Springs CST Inspection Item Interior Coating Condition Poor Notes/Dimensions Failure at weld seams of roof noted Inspector Wo Page 31 of 39 58' 06.58" 8129/2017 1:58:22 PM Attributes Title Fort Worth Willow Springs CST Inspection Item Interior Coating Condition Poor Notes/Dimensions Failure at weld seams of roof noted Inspector WO Page 32 of 39 • i r4 . do Attributes Title Fort Worth Willow Springs CST Inspection Item Interior Coating Condition Poor Notes/Dimensions Failure at weld seams of roof noted Inspector WO Page 33 of 39 58' 06.58" 970 s .f . ♦ % s Attributes Title Fort Worth Willow Springs CST Inspection Item Interior Coating Condition Poor Notes/Dimensions Poor edge retention of interior coating Inspector Wo Page 34 of 39 y. i - 1 f #. po' ,° ` Attributes Title Fort Worth Willow Springs CST Inspection Item Interior Coating Condition Poor Notes/Dimensions Poor edge retention of interior coating Inspector WO Page 35 of 39 Nunn f . Attributes Title Fort Worth Willow springs CST Inspection Item Interior Coating Condition Poor Notes/Dimensions Poor edge retention of interior coating Inspector WO Page 36 of 39 C0005 _ -. ' ti 1 . s W 970 a 37,61" 8129/2017 1 59:45 PM Attributes Title Fort Worth Willow Springs CST Inspection Item Interior Coating Condition Poor Notes/Dimensions Poor edge retention of interior coating Inspector Wo Page 37 of 39 r � I xf: w r Attributes Title Fort Worth Willow Springs CST Inspection Item Interior Coating Condition Poor Notes/Dimensions Poor initial application of interior coating seems to be the issue. Inspector WO Page 38 of 39 # ■ • VV 97-' 24' 37,61 &29f2017 2,0712 plw Attributes Title Fort Worth Willow Springs CST Inspection Item Concrete clips Condition Poor Notes/Dimensions Water streaks noted.These are located towards overflow and drain piping Inspector WO Page 39 of 39 THIS PAGE INTENTIONALLY LEFT BLANK • . 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