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Contract 51071
CITY 8ECRETAW4 CONTRACT NO. FORTWORTH PROJECT MANUAL FOR THE CONSTRUCTION OF E. 4TH STREET BRIDGE REHABLITATION City Project No. 100605 Betsy Price David Cooke Mayor City Manager Douglas W.Wiersig,P.E. Director,Transportation and Public Works Department Prepared for The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2018 I.NUSRALLAH i fit 88823 t`. y�Y�B OFFICIAL RECORD CITY SICRUARY IF�'� won",TX C,,-a'M3q CERTIFICATE OF INTERESTED PARTIES FORM 1295 Soil Complete Nos.l-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 12018-366985 Gibson&Associates,Inc. Balch Springs,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 06/12/2018 being filed. City of Fort Worth Date Ack wl 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. City Project No.100605 E.4th Street Bridge Rehabilitation Nature of interest 4 Name of Interested Party Cf ty,State,Country(place of business) (check applicable) Controlling I Intermediary Welch,John N. Balch Springs,TX United States X Meador,III,Alan C. Balch Springs,TX United States X Blackburn,Patricia L. Balch Springs,TX United States X Gibson,William J. Balch Springs,TX United States X Gibson,William E. Balch Springs,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Pcr i aa� Ufa -�u►r r and my date of birth is 2J 14h7 My address is 1�� i SLS` Soft - !f' 1560 U_. (street) (cls i., (state) (zip code) (country) I declare under penalty ofperjurythat the foregoing is true and correct. Executed in P�, IG.s County, State of ,on the Mday of _,2d 1• (month) (year) Signature of authorized agept Of contracting business entity (Dedardnt Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523 000000-1 TABLE OF CONTENTS Page 1 of 2 1 SECTION 00 00 00 2 TABLE OF CONTENTS 3 Division 00- General Conditions 4 00 05 10 Mayor and Council Communication 5 0005 15 Addenda 6 0011 13 Invitation to Bidders 7 0021 13 Instructions to Bidders 8 0035 13 Conflict of Interest Affidavit 9 00 41 00 Bid Form 10 00 42 43 Proposal Form Unit Price 11 0043 13 Bid Bond 12 00 43 37 Vendor Compliance to State Law Nonresident Bidder 13 0045 12 Pre-Qualification Statement 14 004526 Contractor Compliance with Workers'Compensation Law 15 00 45 40 Minority Business Enterprise Goal 16 00 52 43 Agreement 17 0061 13 Performance Bond 18 0061 14 Payment Bond 19 0061 19 Maintenance Bond 20 00 61 25 Certificate of Insurance 21 00 72 00 General Conditions 22 00 73 00 Supplementary Conditions 23 24 Division 01 - General Requirements 25 01 1100 Summary of Work 26 01 25 00 Substitution Procedures 27 01 31 19 Preconstruction Meeting 28 01 3120 Project Meetings 29 01 3216 Construction Progress Schedule 30 01 3233 Preconstruction Video 31 01 3300 Submittals 32 01 35 13 Special Project Procedures 33 01 45 23 Testing and Inspection Services 34 01 50 00 Temporary Facilities and Controls 35 015526 Street Use Permit and Modifications to Traffic Control 36 01 57 13 Storm Water Pollution Prevention Plan 37 0158 13 Temporary Project Signage 38 01 60 00 Product Requirement 39 01 70 00 Mobilization and Remobilization 40 01 71 23 Construction Staking and Survey 41 01 74 23 Cleaning 42 01 77 19 Closeout Requirements 43 01 78 39 Project Record Documents 44 45 Division 34- Transportation 46 3471 13 Traffic Control 47 48 Special (TxDOT)* 49 TxDOT Riprap(Stone Protection Type R)(Dry) (6 IN)—Spec 432-6014 CITY OF FORT WORTH E 4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100604 Revised November 9,2011 000000-2 TABLE OF CONTENTS Page 2 of 2 1 TxDOT Cleaning and Sealing Existing Joints (CL-7)—Spec 438-6004 2 TxDOT Structural Steel(Miscellaneous Bridge)—Spec 442-6008 3 TxDOT Clean &Paint Existing Structure(System M—Spec 446-6002 4 5 *TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets and 6 Bridges 2014 adopted by the Texas Department of Transportation are included for this Project by 7 reference and can viewed/downloaded from Project Folder at City's Buzzsaw site at: 8 9 https://projectpoint.buzzsaw.com/fortworthgov/Infrastructure%20Projects/100605- 10 %20East%204th%20Street%20Bridge%20over%20Trinity%20Rive r?public 11 12 Appendix 13 GC-6.06.D Minority and Women Owned Business Enterprise Compliance 14 GC-6.07 Wage Rates 15 AP-1 Bridge Locations, Quantity Summaries,Plans and Details 16 17 END OF SECTION CITY OF FORT WORTH E 4TH1 STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS I00604 Revised November 9,2011 City of Fort Worth, Texas Fayor and Council Communication COUNCIL ACTION: Approved on 6/26/2018 DATE: Tuesday, June 26, 2018 REFERENCE NO.: **C-28739 LOG NAME: 20EAST 4TH STREET BRIDGE REHABILITATION SUBJECT: Authorize Execution of a Contract with Gibson &Associates, Inc., in the Amount of$148,584.00 for East 4th Street Bridge Rehabilitation (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Gibson &Associates, Inc., in the amount of$148,584.00 for East 4th Street Bridge Rehabilitation (City Project No. 100605). DISCUSSION: The 2014 Capital Improvement Program included $10.OM for reconstruction and rehabilitation of existing deficient bridges. The Texas Department of Transportation (TxDOT) and City staff perform regular inspections of bridges within Fort Worth. The inspection report of E. 4th Street bridge identified load posting due to inadequate steel girder. This contract provides for the repair and rehabilitation of East 4th Street Bridge to strengthen steel girder in span 5 (City Project No.100605) and other minor repair work. Construction for this project is expected to start approximately September 2018 and to be completed by approximately December 2018. Upon completion of the project, there will be no anticipated impact on the general fund operating budget. This project was advertised for bid on April 12, 2018 and April 19, 2018 in the Fort Worth Star-Telegram. On May 17, 2018, the following bids were received: Bidders ; Amount ,G bi son &Associates, Inc. $$148,584.00 Scott Tucker Construction Co. LLC 225,040.90 iFort-worth Civil Contractors, LLC j$253,012.00 On September 23, 2014, (M&C C-27010) the City Council approved an Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the reconstruction of South Blue Mound Road Bridge over Elizabeth Creek. As part of that Agreement, the City agreed to perform structural improvement of East 4th Street Bridge, at its sole cost, in lieu of the normal 10 percent cost participation required for the local government. A portion of this project will include 2014 Bond Funds. Available resources within the General Fund will be Logname: 20EAST 4TH STREET BRIDGE REHABILITATION Pap t of 2 used to provide interim financing for these expenses until debt is issued. Once debt associated with this project is sold, bond proceeds will reimburse the General Fund, in accordance with the statement expressing official Intent to Reimburse, that was adopted as part of the ordinance canvassing the bond election (Ordinance No. 21241-05-2014). M/WBE OFFICE: Gibson &Associates, Inc., is in compliance with the City's BDE Ordinance by committing to 12 percent MBE participation. The City's MBE goal on this project is 8 percent . The City reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus 25 percent of the contract award. This project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, funds are available in ' the current capital budget, as appropriated, of the 2014 Bond Program Fund. Prior to an expenditure being incurred, the participating department has the responsibility to validate the availability of funds. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year (Chartfield 2) FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Tariqul Islam (2486) ATTACHMENTS 1. FID East 4th Street Bridge.pdf (CFW Internal) 2. Form 1295 Gibson.pdf (Public) 3. FW East 4th Street Final Plans.pdf (CFW Internal) 4. Map East 4th St. Bridge.pdf (Public) 5. MBE Compliance Memo.pd (CFW Internal) 6. Sam Search Result Gibson.pdf (CFW Internal) M Logname: 20EAST 4TH STREET BRIDGE REHABILITATION Page 2 of 2 i I ADDENDUM NO. 1 E.4TH STRET BRIDGE REHABILITATION CITY PROJECT NO.: 100605 Addendum No. 1 Issued:May 14,2018 Prospective Bidders are hereby notified of the following revisions: SECTION 00 42 43 PROPOSAL FORM: The Proposal Form shall replace with attached revised Proposal Form. BRIDGE PLAN SHEET 03: Plan Sheet no. 03 shall replace with attached revised plan sheet. Please acknowledge receipt of this addendum by signing and inserting into your proposal at the time of bidding. Failure to return a signed copy of this addendum may be grounds for rendering the bid as nonresponsive. Receipt Acknowledges: By: L By: TARIQUL ISLAM,PROJECT MANAGER 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 E.4'STREET BRIDGE REHABILITATION,City Project 5 No. 100605 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,May 17, 2018, and bids will be opened publicly and read aloud at 12 2:00 PM CST in the Council Chambers. 13 14 GENERAL DESCRIPTION OF WORK 15 The major work will consist of the(approximate)following: 16 17 Project consists of bridge repair and rehabilitation construction. 18 19 1,800 L.B. Structural Steel(Miscellanies Bridge) 20 1 L.S. Clean and Paint Existing Structure(System Il) 21 22 DOCUMENT EXAMINATION AND PROCUREMENTS 23 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 24 of Fort Worth's Purchasing Division website at http://www.fortworthg_ov.org/purchasing/and 25 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site.The 26 Contract Documents may be downloaded,viewed, and printed by interested contractors and/or 27 suppliers.The contractor is required to fill out and notarize the Certificate of Interested 28 Parties Form 1295 and the form must be submitted to the Project Manager before the 29 contract will be presented to the City Council. The form can be obtained at 30 https://www.ethics.state.tx.us/tec/1295-Info.htm 31 32 Copies of the Bidding and Contract Documents may be purchased from Nikki McLeroy, 817- 33 392-8363.City of Fort Worth,TPW,200 Texas St.,Fort Worth,TX 76102. 34 35 The cost of Bidding and Contract Documents is: $30.00 36 37 PREBID CONFERENCE 38 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO 39 BIDDERS at the following location,date,and time: 40 DATE: Wednesday,April 25, 2018 41 TIME: 10.00 A.M. 42 PLACE: Transportation and Public Works, Street Services,5001 James Avenue,Suite#: 43 201,Fort Worth,Texas 76115 44 45 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 46 City reserves the right to waive irregularities and to accept or reject bids. 47 48 INQUIRIES 49 All inquiries relative to this procurement should be addressed to the following: CrN OF FORT WORTH E.4'H STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100605 Revised JuIy 1,2011 001113-2 INVITATION TO BIDDERS Page 2 of 2 1 Attn: Tariqul Islam,City of Fort Worth 2 Email: tariqul.islam@fortworthTexas.gov 3 Phone: 817-392-2486 4 AND/OR 5 Attn: Hyunsik Moon,Michael Baker International 6 Email: Hygnsik.Moon@mbakerintl.com 7 Phone: 469-801-8532 8 9 ADVERTISEMENT DATES 10 April 12, 2018 11 April 19, 2018 12 13 END OF SECTION CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100605 Revised July 1,2011 002113-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 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 33 34 3.1.All Bidder-s and their-subeent-Faeter-s afe f;eqvifed to be pfe"alified for-the work types 35 36 37 e 0 ent „ry types and,1,,,.,,...ontation o s follows- 38 39 , must be pfepafed to subffi-4 to City withio 40 ,the doeumentation identified in Section 00 414 5 11,BIDDERS PREQI-1-4 . 42 43 3.2.1. Submission of and/or-questions related to .,l:f:...,r)n should be.-addyessed to 44 . 45 46 CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100605 Revised November 27,2012 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 3.3.The City r-esefves the fight to fequir-e an),Pf:e qualified- A00he iss thea, appffeat 18;00 2 bid de f(s)f f., pfejeet t,. submit s eh additional ififerm.,tion as the City, its s.,le 3 diser-etien naI raga' , ' and equipment fe er-ds, 4 , 5 to assist the City in eva4aating and assessing the ability of the appafent lew biddef:(s)to 6 4Vliye.-., quality„ ea„et .,.,.1 e ..l ete P eels f6F the, ., nt hid within 7 the stipulated time&afne. Based upon the City's-assessment-of:e,submi ted 8 infofmatien, feeemmendation a r-d g the rd of., ntr et. ,;11 1.e fln--Adea to thia 9 City Co be g nds 10 11 . 12 13 3.4. , 14 within various eetions of a.e r.A-4#r,,,.t PoeufaentS 15 16 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 17 18 4.1.Before submitting a Bid,each Bidder shall: 19 20 4.1.1. Examine and carefully study the Contract Documents and other related data 21 identified in the Bidding Documents (including "technical data" referred to in 22 Paragraph 4.2.below).No information given by City or any representative of the 23 City other than that contained in the Contract Documents and officially 24 promulgated addenda thereto, shall be binding upon the City. 25 26 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general,local and 27 site conditions that may affect cost,progress,performance or furnishing of the 28 Work. 29 30 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 31 progress,performance or furnishing of the Work. 32 33 4.1.4. 34 4.1.5. Study all: (i) reports of explorations and tests of subsurface conditions at or 35 contiguous to the Site and all drawings of physical conditions relating to existing 36 surface or subsurface structures at the Site(except Underground Facilities)that 37 have been identified in the Contract Documents as containing reliable "technical 38 data" and(ii) reports and drawings of Hazardous Environmental Conditions, if any, 39 at the Site that have been identified in the Contract Documents as containing 40 reliable "technical data." 41 42 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 43 the information which the City will furnish. All additional information and data 44 which the City will supply after promulgation of the formal Contract Documents 45 shall be issued in the form of written addenda and shall become part of the Contract 46 Documents just as though such addenda were actually written into the original 47 Contract Documents.No information given by the City other than that contained in 48 the Contract Documents and officially promulgated addenda thereto, shall be 49 binding upon the City. 50 CFFY OF FORT WORTH E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100605 Revised November 27,2012 002113-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.7. Perform independent research,investigations,tests,borings, and such other means 2 as may be necessary to gain a complete knowledge of the conditions which will be 3 encountered during the construction of the project. On request,City may provide 4 each Bidder access to the site to conduct such examinations,investigations, 5 explorations,tests and studies as each Bidder deems necessary for submission of a 6 Bid. Bidder must fill all holes and clean up and restore the site to its former 7 conditions upon completion of such explorations,investigations,tests and studies. 8 9 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 10 cost of doing the Work,time required for its completion, and obtain all information 11 required to make a proposal.Bidders shall rely exclusively and solely upon their 12 own estimates,investigation,research,tests,explorations, and other data which are 13 necessary for full and complete information upon which the proposal is to be based. 14 It is understood that the submission of a proposal is prima-facie evidence that the 15 Bidder has made the investigation,examinations and tests herein required. Claims 16 for additional compensation due to variations between conditions actually 17 encountered in construction and as indicated in the Contract Documents will not be 18 allowed. 19 20 4.1.9. Promptly notify City of all conflicts,errors, ambiguities or discrepancies in or 21 between the Contract Documents and such other related documents. The Contractor 22 shall not take advantage of any gross error or omission in the Contract Documents, 23 and the City shall be permitted to make such corrections or interpretations as may 24 be deemed necessary for fulfillment of the intent of the Contract Documents. 25 26 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 27 28 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 29 the site which have been utilized by City in preparation of the Contract Documents. 30 The logs of Soil Borings, if any, on the plans are for general information only. 31 Neither the City nor the Engineer guarantee that the data shown is representative of 32 conditions which actually exist. 33 34 4.2.2. those drawings of physical conditions in or relating to existing surface and 35 subsurface structures (except Underground Facilities)which are at or contiguous to 36 the site that have been utilized by City in preparation of the Contract Documents. 37 38 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 39 on request. Those reports and drawings may not be part of the Contract 40 Documents,but the "technical data" contained therein upon which Bidder is entitled 41 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 42 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 43 responsible for any interpretation or conclusion drawn from any "technical data" or 44 any other data, interpretations, opinions or information. 45 CITY OF FORT WORTH E.4."STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100605 Revised November 27,2012 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 2 that Bidder has complied with every requirement of this Paragraph 4, (ii)that without 3 exception the Bid is premised upon performing and furnishing the Work required by the 4 Contract Documents and applying the specific means, methods, techniques, sequences or 5 procedures of construction(if any)that may be shown or indicated or expressly required 6 by the Contract Documents, (iii)that Bidder has given City written notice of all 7 conflicts,errors, ambiguities and discrepancies in the Contract Documents and the 8 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 9 etc.,have not been resolved through the interpretations by City as described in 10 Paragraph 6., and(iv)that the Contract Documents are generally sufficient to indicate 11 and convey understanding of all terms and conditions for performing and furnishing the 12 Work. 13 14 4.4.The provisions of this Paragraph 4, inclusive,do not apply to Asbestos,Polychlorinated 15 biphenyls(PCBs),Petroleum, Hazardous Waste or Radioactive Material covered by 16 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract 17 Documents. 18 19 5. Availability of Lands for Work,Etc. 20 21 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 22 access thereto and other lands designated for use by Contractor in performing the Work 23 are identified in the Contract Documents. All additional lands and access thereto 24 required for temporary construction facilities, construction equipment or storage of 25 materials and equipment to be incorporated in the Work are to be obtained and paid for 26 by Contractor. Easements for permanent structures or permanent changes in existing 27 facilities are to be obtained and paid for by City unless otherwise provided in the 28 Contract Documents. 29 30 5.2.Outstanding right-of-way,easements, and/or permits to be acquired by the City are listed 31 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 32 of-way,easements, and/or permits are not obtained,the City reserves the right to cancel 33 the award of contract at any time before the Bidder begins any construction work on the 34 project. 35 36 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 37 way,easements, and/or permits,and shall submit a schedule to the City of how 38 construction will proceed in the other areas of the project that do not require permits 39 and/or easements. 40 41 6. Interpretations and Addenda 42 CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100605 Revised November 27,2012 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 2 City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions 3 received after this day may not be responded to. Interpretations or clarifications 4 considered necessary by City in response to such questions will be issued by Addenda 5 delivered to all parties recorded by City as having received the Bidding Documents. 6 Only questions answered by formal written Addenda will be binding. Oral and other 7 interpretations or clarifications will be without legal effect. 8 9 Address questions to: 10 11 City of Fort Worth 12 200 Texas Street 13 Fort Worth,TX 76102 14 Attn: Tariqul Islam,Transportation and Public Works 15 Fax: 817-392-7969 16 Email: tariqul.islam@fortworthtexas.gov ,Phone: 817-392-2486 17 18 19 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 20 City. 21 22 6.3.Addenda or clarifications may be posted via Buzzsaw at 23 <Insehttps://projectpoint.buzzsaw.conilfortworthgov/Infrastructure%20Projects/100605 24 -%20East%204th%20Street%20Bridge%20over%20Trinity°Ic20River?publicrt Link to 25 Documents>. 26 27 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 28 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 29 Project. Bidders are encouraged to attend and participate in the conference. City will 30 transmit to all prospective Bidders of record such Addenda as City considers necessary 31 in response to questions arising at the conference. Oral statements may not be relied 32 upon and will not be binding or legally effective. 33 34 7. Bid Security 35 36 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 37 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 38 the requirements of Paragraphs 5.01 of the General Conditions. 39 40 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 41 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 42 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 43 default,rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 44 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 45 other Bidders whom City believes to have a reasonable chance of receiving the award 46 will be retained by City until final contract execution. 47 CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100605 Revised November 27,2012 002113-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 8. Contract Times 2 The number of days within which,or the dates by which,Milestones are to be achieved in 3 accordance with the General Requirements and the Work is to be completed and ready for 4 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 5 attached Bid Form. 6 7 9. Liquidated Damages 8 Provisions for liquidated damages are set forth in the Agreement. 9 10 10. Substitute and "Or-Equal" Items 11 The Contract,if awarded,will be on the basis of materials and equipment described in the 12 Bidding Documents without consideration of possible substitute or "or-equal" items. 13 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or"or- 14 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 15 City, application for such acceptance will not be considered by City until after the Effective 16 Date of the Agreement. The procedure for submission of any such application by Contractor 17 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 18 Conditions and is supplemented in Section 0125 00 of the General Requirements. 19 20 11. Subcontractors,Suppliers and Others 21 22 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No.20020- 23 12-2011 (as amended),the City has goals for the participation of minority business 24 and/or small business enterprises in City contracts. A copy of the Ordinance can be 25 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 26 SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor 27 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 28 Venture Form as appropriate.The Forms including documentation must be received 29 by the City no later than 5:00 P.M. CST,five(5) City business days after the bid 30 opening date.The Bidder shall obtain a receipt from the City as evidence the 31 documentation was received.Failure to comply shall render the bid as non- 32 responsive. 33 34 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 35 or organization against whom Contractor has reasonable objection. 36 37 12. Bid Form 38 39 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 40 obtained from the City. 41 CITY OF FORT WORTH E.4"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100605 Revised November 27,2012 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 2 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 3 the Bid Form. A Bid price shall be indicated for each Bid item,alternative,and unit 4 price item listed therein. In the case of optional alternatives,the words "No Bid," 5 "No Change," or"Not Applicable" may be entered. Bidder shall state the prices, 6 written in ink in both words and numerals,for which the Bidder proposes to do the 7 work contemplated or furnish materials required.All prices shall be written legibly. 8 In case of discrepancy between price in written words and the price in written 9 numerals,the price in written words shall govern. 10 11 12.3. Bids by corporations shall be executed in the corporate name by the president or a 12 vice-president or other corporate officer accompanied by evidence of authority to 13 sign. The corporate seal shall be affixed. The corporate address and state of 14 incorporation shall be shown below the signature. 15 16 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 17 partner, whose title must appear under the signature accompanied by evidence of 18 authority to sign. The official address of the partnership shall be shown below the 19 signature. 20 21 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 22 member and accompanied by evidence of authority to sign. The state of formation of 23 the firm and the official address of the firm shall be shown. 24 25 12.6. Bids by individuals shall show the Bidder's name and official address. 26 27 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 28 indicated on the Bid Form. The official address of the joint venture shall be shown. 29 30 12.8. All names shall be typed or printed in ink below the signature. 31 32 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 33 which shall be filled in on the Bid Form. 34 35 12.10. Postal and e-mail addresses and telephone number for communications regarding the 36 Bid shall be shown. 37 38 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 39 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 40 to State Law Non Resident Bidder. 41 42 13. Submission of Bids 43 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 44 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 45 addressed to City Manager of the City,and shall be enclosed in an opaque sealed envelope, 46 marked with the City Project Number,Project title,the name and address of Bidder, and 47 accompanied by the Bid security and other required documents. If the Bid is sent through the 48 mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope 49 with the notation "BID ENCLOSED" on the face of it. 50 CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100605 Revised November 27,2012 002113-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14. Modification and Withdrawal of Bids 2 3 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 4 withdrawn prior to the time set for bid opening. A request for withdrawal must be 5 made in writing by an appropriate document duly executed in the manner that a Bid 6 must be executed and delivered to the place where Bids are to be submitted at any 7 time prior to the opening of Bids. After all Bids not requested for withdrawal are 8 opened and publicly read aloud,the Bids for which a withdrawal request has been 9 properly filed may,at the option of the City,be returned unopened. 10 11 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 12 time set for the closing of Bid receipt. 13 14 15. Opening of Bids 15 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 16 abstract of the amounts of the base Bids and major alternates(if any) will be made available 17 to Bidders after the opening of Bids. 18 19 16. Bids to Remain Subject to Acceptance 20 All Bids will remain subject to acceptance for the time period specified for Notice of Award 21 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 22 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 23 24 17. Evaluation of Bids and Award of Contract 25 26 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 27 to reject any or all nonconforming,nonresponsive, unbalanced or conditional Bids 28 and to reject the Bid of any Bidder if City believes that it would not be in the best 29 interest of the Project to make an award to that Bidder,whether because the Bid is 30 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 31 meet any other pertinent standard or criteria established by City. City also reserves 32 the right to waive informalities not involving price,contract time or changes in the 33 Work with the Successful Bidder. Discrepancies between the multiplication of units 34 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 35 between the indicated sum of any column of figures and the correct sum thereof will 36 be resolved in favor of the correct sum. Discrepancies between words and figures 37 will be resolved in favor of the words. 38 39 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 40 among the Bidders,Bidder is an interested party to any litigation against City, 41 City or Bidder may have a claim against the other or be engaged in litigation, 42 Bidder is in arrears on any existing contract or has defaulted on a previous 43 contract, Bidder has performed a prior contract in an unsatisfactory manner, or 44 Bidder has uncompleted work which in the judgment of the City will prevent or 45 hinder the prompt completion of additional work if awarded. 46 CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100605 Revised November 27,2012 002113-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.2. City may consider the qualifications and experience of Subcontractors,Suppliers,and 2 other persons and organizations proposed for those portions of the Work as to which 3 the identity of Subcontractors, Suppliers,and other persons and organizations must 4 be submitted as provided in the Contract Documents or upon the request of the City. 5 City also may consider the operating costs,maintenance requirements,performance 6 data and guarantees of major items of materials and equipment proposed for 7 incorporation in the Work when such data is required to be submitted prior to the 8 Notice of Award. 9 10 17.3. City may conduct such investigations as City deems necessary to assist in the 11 evaluation of any Bid and to establish the responsibility,qualifications,and financial 12 ability of Bidders,proposed Subcontractors,Suppliers and other persons and 13 organizations to perform and furnish the Work in accordance with the Contract 14 Documents to City's satisfaction within the prescribed time. 15 16 17.4. Contractor shall perform with his own organization,work of a value not less than 17 35% of the value embraced on the Contract,unless otherwise approved by the City. 18 19 17.5. If the Contract is to be awarded,it will be awarded to lowest responsible and 20 responsive Bidder whose evaluation by City indicates that the award will be in the 21 best interests of the City. 22 23 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 24 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 25 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 26 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 27 comparable contract in the state in which the nonresident's principal place of 28 business is located. 29 30 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 31 to be awarded,City will award the Contract within 90 days after the day of the Bid 32 opening unless extended in writing. No other act of City or others will constitute 33 acceptance of a Bid.Upon the contractor award a Notice of Award will be issued by 34 the City. 35 36 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 37 38 18. Signing of Agreement 39 When City issues a Notice of Award to the Successful Bidder,it will be accompanied by the 40 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 41 Contractor shall sign and deliver the required number of counterparts of the Agreement to 42 City with the required Bonds,Certificates of Insurance,and all other required documentation. 43 City shall thereafter deliver one fully signed counterpart to Contractor. 44 45 46 47 END OF SECTION CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100605 Revised November 27,2012 003513-1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 1 1 SECTION 00 35 13 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder, offeror, or respondent(hereinafter also referred to as"you")to a City of Fort Worth 5 (also referred to as"City")procurement are required to complete Conflict of Interest 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 http://www.ethics.state.tx.us/forms/CIQ.pdf 12 13 http://www.ethics.state.tx.us/forms/CIS.pdf 14 15 © CIQ Form is on file with City Secretary 16 17 0 CIQ Form is being provided to the City Secretary 18 19 0 CIS Form is on File with City Secretary 20 21 0 CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 27 Gibson & Associates, Inc. By: Alan C. Meador 28 Company (Ple�Prfinlltt) 29 30 _ 11210 Ryliecrest Signature: C� 31 Address 32 33 _Balch Springs, TX 75180 Title: Vice President 34 City/State/Zip (Please Print) 35 36 37 END OF SECTION CITY OF FORT WORTH BRIDGE REHABILITATION(2018-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101296 Revised March 27,2012 0041 00 BID FORM Page I of 3 SECTION 00 41 00 BID FORM TO: The City Manager c/o:The Purchasing Department 200 Texas Street City of Fort Worth,Texas 76102 FOR: E.4TH STREET BRIDGE REHABILITATION City Project No.: 100605 Units/Sections: BRIDGE REHABILITATION 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 20110627 Copy of 00 41_00_00_42_43_00_43_13_00_43_37_Revised3_Bid_Form-Proposal-Bond_Vendor_Compliance(1) 0041 00 BID FORM Page 2 of 3 3—Pr-equaliliCRt" The Bidder aeknowledges that the follewing work types must be pefformed on!y by pr-equalified eantfaetors and subeewraetars� a. b. C. d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 100 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work (and/or achievement of Milestones) within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. e. Proposal Form Section d. Vendor Compliance to State Law Non Resident Bidder,Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Pfequalifleation Statement,Seetion 00 45 12 g. Conflict of Interest Affidavit,Section 00 35 13 h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below,please enter the total bid amount for this project.Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. Total Bid $148,584.00 7. Bid Submittal CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 Copy of 00 41_00_00_42_43_00_43_13_00_43_37_Revised3_Bid_Form-Proposal-Bond_Vendor_CompIiance(1) 0041 00 BID FORM Page 3 of 3 This Bid is submitted on 17-May-17 by the entity named below. Respectfully submitted, Receipt is acknowledged of the initial following Addenda: By: 1— Addendum No. 1: (Signature) Addendum No.2: Addendum No.3: Alan C.Meador Addendum No.4: (Printed Name) Title: Vice President Company: Gibson&Associates.Inc. Corporate Seal: Address: 11210 Ryliecrest P.O.Box 800579 Balch Springs,TX 75180-0579 State of Incorporation: Texas Email: treym lIgibsonassoc.net Phone: 972 557-1199 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 201 10627 Copy of 00 41_00_00_42_43_00_43_13_00_43_37_Revised3_Bid_Form-Proposal-Bond_Vendor_Compliance(1) SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Specification TxDOT Unit of Bid Item Description Unit Price Bid Value No. Section No. Item No. Measure Quantity 1 RIPRAP(STONE TY R)(DRY)(6 IN) 432-6014 CY 29.0 $0.00 2 CLEANING AND SEALING EXIST]OINTS(CL7) 438-6004 LF 200.0 $0.00 3 STR STEEL(MISC BRIDGE) 442-6008 LB 13,000.0 $0.00 4 CLEAN&PAINT EXIST STR(SYSTEM 11) 446.6002 LS 1.0 $0.00 5 BRIDGE CONSTRUCTION ALLOWANCE EA 1.0 $10,000.00 $10,000.00 TOTAL BID: $10,000.00 .......................... ..................................................................................................... 1noAvi HlVd38 3001US coo %edNx. 14N+�4�.m1 300189 tl3AI8 Al IHltll '15 HIO 3 a lrtllontll5 ,IY......................'.Y.f �Y N 011Y Ntl31 Nl 13da1NO3 33NVN31NIdW 30012i9 =/1D 53%31 'HLWA Ltl01!0 ALIS Nn f y ¢ ¢ Z • N O 2 ¢r0 4tt r u = MN QpJ ¢= h �� �W•� 06 m N rwi �rc o . 00in a W� ��, I� y g°d rcrc o _ zmxxl as ui ImiIH Jr Wi o i ` W w� �UJr J6� J N CCJ■ Z. N Zf SaR i� is i i im-bo= Wzy¢ � i..�wl N U UJ JZJJ CCW ¢ i CrS — _ H WuuI u um Zi- N n . MI J h m 3Nf3"�lrn � 01 u�„�_�j„L-1 W j I I I I i I I j iF. vt ISI I I I ! r Iq j I I I z j 'L �•-I-- I I ' I I< j e 1 j z j i I I i� +-•-{. I i<r Gla - 3 : j I I j 4 I I jaw 0 j jai j N� s Y , 8 0 I I I I I Vu YI UNw 1 1 1 1 1 1 1 1 1 1 1 1 W r, 10 _W_� iI ♦ iIIj-`:—aTl!iIj _—�iIIII e h 9�: 14h 1; g"" - h IN ]11 H101M - 6 gli $ - c� :Y W Zr - dM' m 7711�MIBfNj XO01 IOi'ued.41+OM.4+01131OVIN3d w,-r1AOuID lW35n 111'ixllG1y131111 0 IOZ/.1/51311'0 OAOy ID'10d.M0.NIM.H3MYfi.IMA1y3AING 101d 6666'E211131y35 uOD'ZO.i-AD1.Z0Md.A+I O\"'13111 ....................................................................................................................................................................................................: SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification UnitBid Unit Price Bid Value No. Section No. Itemtem No No. Measure Quantity I RIPRAP(STONE TY R)(DRY)(6 IN) 432-6014 CY 29.0 $396.00 $11,484.00 2 CLEANING AND SEALING EXIST JOINTS(CL7) 438-6004 LF 200.0 $43.00 $8,600.00 3 STR STEEL MSC BRIDGE) 442-6008 LB 13000.0 $9.00 $117,000.00 4 CLEAN&PAINT EXIST STR(SYSTEM II) 446-6002 LS 1.0 $1,500.00 $1,500.00 5 BRIDGE CONSTRUCTION ALLOWANCE EA 1.0 $10,000.00 $10,000.00 TOTAL BID: $148,584.00 C,- 17- SP02: RC 0043 13 DID BOND Page t ort SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That wc,(Bidder Name) Gibson&Associates, Inc. hereinafter called the Principal,and(Surety Name) :-_��ralTnsurance�ornpanyr �-; a corporation or firm duly authorized to transact surety business in the Stale of Teras,hereinafter called the Surety,are held and firmly bound unto the City, hereinafter called the Obligec, in the sum of Five Percent of the Greatest Amount Bid-------- ————-- and No/100 Dollars (S 5%GAB 00), the payment of which sum will be well and truly made and the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firm by these presents. WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Obligcc, identified as E.4TI•I STREET BRIDGE REHABILITATION NOW, THEREFORE, it the Obligec shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the Obligee in accordance with the terms of such proposal,then this bond shall be null and void.If the Principal fails to execute such Contract in accordance with the terns of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract-in accordance with the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal.this bond shall become the property of the Obligee,without recourse of the Principal and/or Surety,not to exceed the penalty hereof, and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this 26th day of April .2018. By: Gibson &Associates, Inc. (Signature and Title or Principal) *By.- Federal Insurance Company Robbi Morales (sivoure omtorney-of-Facl) *Attach PowcrofAttorney(Surcty)forAttorlcy-in-Fact Impressed Surely Seal Only END Or SECTION CXT OFFORTWORTll STANDARD CONSTRUCrON SPECIFICATION DOCUMENTS Form Revised 20110637 Did Bond FI%Vorth.xlu H U Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Don E. Cornell, Sophinie Hunter, V. DeLene Marshall, Tina McEwan, Robbi Morales,Ricardo J.Reyna and Kelly A.Westbrook of Dallas,Texas;Steven Dwain Brockinton of Little Rock,Arkansas each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory In the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 81"day of March,2017. At�- 9L� Dawn M.Chloros.Assistant Secretary Stephen M.Haney,Vice President STATE OF NEW JERSEY County of Hunterdon ss. On this 81 day of March,2017 before me,a Notary Public of New Jersey,personally came Dawn M.Chloros,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M. Chloros,being by me duly sworn,did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that she is acquainted with Stephen M. Haney,and knows him to be Vice President of said Companies;and that the signature of Stephen M.Haney,subscribed to said Power of Attorney is In the genuine handwriting of Stephen M.Haney,and was thereto subscribed by authority of said Companies and in deponent's presence. Notarial SealV KAlIffRINEJ.AQMAAR NOTARY PUBLIC OF NEW JERSEY No-2310M Comrnisslon Expk t July 16,2619 '� Notary Prmlic CERTIFICATION Resolutions adopted by the Hoards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016: 'RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recogtdzances,contracts and other written commitments of the Company entered into in the ordinary course of business(each a"Written Commitment'}. (1) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise. (2) Each duly appointed an omey-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise,to the extent that such action is authorized by the grant of powers provided for In such person's written appointment as such amen ey-in-fact (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney- In-fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the Company as may be specified in such written appointment,which spedficatlon may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing to any other officer of the Company the authority to exetite,for and on behalf of the Company,under the Companys seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specification may be by general type or class of Written Commitments or byspecificetionofoneormore particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I,Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the"Companies")do hereby certify that (q the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and In full force and effect, (ii) the Companies are drily licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the US.Treasury Department;further,Federal and Vigilant are licensed in the US.Virgin Islands,and Federal is licensed in Guam,Puerto Rico, and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attomey is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,NJ,this April 26, 2018 Dawn M.Chloros,Assistant Smrewk r IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF TIES BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT: Telephone(908)903-3493 Fax(908)903-3656 einail:suregoc hubb com Form 15-10-02258-U GEN CONSENT(rev.12-16) n--1�-1 PPn9:n RCVr; Policyholder Information Notice IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call Chubb's toll-free telephone number Usted puede llamar al numero de telefono gratis for information or to make a complaint at de Chubb's para informacion o para someter una quej a al 1-800-36-CHUBB 1-800-36-CHUBB You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages, rights or complaints at de companfas, coberturas, derechos o quejas al 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance Puede escribir al Departamento de Seguros de Texas 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 E-mail: ConsumerProtection@tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: D/SPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your premium Si tiene una disputa concerniente a su prima o a un or about a claim you should contact the agent first. reclamo, debe comunicarse con el agente primero. If the dispute is not resolved, you may contact the Si no se resueve la disputa, puede entonces Texas Department of Insurance. comunicarse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: This notice is for information only and does not Este aviso es solo para proposito de informacion y become a part or condition of the attached no se convierte en parte o condicion del documento document. adjunto. Form 99-10-0299(Rev. 1-08) 0043 37 VENDOR COMPLIANCE TO STATE LAW Page I of I SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications.The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. BIDDER: Company Gibson&Associates, Inc. By: Alan C. Meador Address: 11210 Ryliecrest G P.O. Box 800579 (Signature) Balch Springs,TX 75180-0579 Title: Vice President Date:_ S,!-7 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 Copy of 00 41_00_00.42.43 00_43_13_00_43_37_Revised3_Bid_Form-Proposal-Bond_Vendor_Compliance(]) 004512-1 PREQUALIFICATION STATEMENT Page 1 of 1 1 SECTION 00 45 12 2 PREQUALIFICATION STATEMENT 3 Each Bidder for a City procurement is required to complete the information below by 4 identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the 5 major work type(s)listed. 6 Major Work Type Contractor/Subcontractor Company Prequalification Name Expiration Date Bridge Rehabilitation Not Applicable Not Applicable 7 8 9 The undersigned hereby certifies that the contractors and/or subcontractors described in 10 the table above are currently prequalified for the work types listed. 11 12 BIDDER: 13 14 By: 15 Company (Please Print) 16 17 �O,/�X S7S ita.n/Qyl r�i-er Signature: 18 Address 61 19 20 / 64 SOriki!51.s 4 Z 1— -r�/F� Title: 'PC 21 City/State/ ip (Please Print) 22 23 Date: 7 24 25 END OF SECTION 26 CITY OF FORT WORTH E.4'Street Bridge Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 0045 26- 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of I 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a),as amended,Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No. 100605 Contractor further certifies that, pursuant to Texas Labor Code, Section 6 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 7 worker's compensation coverage. 8 9 CONTRACTOR: 10 11 /o 4 5o si-�,/�SSec i-dz 1�ff- .fix c By: Zj /.L+.c 0 . /"--fQcAd/ 12 Company (Please Print) 13 Z 14 112to y�i,s cr�rr Signature: 15 Address 16 17 � ,_Lc�i �f�//�t�`f i �� 7� `F6 Title: 4 r'a., C' G�'-tatld✓ 18 City/State/Zip (Please Print) 19 20 21 THE STATE OF TEXAS § 22 PA,C&-A 23 COUNTY OFA § 24 25 BEFORE ME,the undersigned authority, on this day personally appeared 26 44• <1 - Ae--r r'-4--' , known to me to be the person whose name is 27 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as 28 the act and deed of Ile'e - '1-�:)rd r,<D�e,,,,/- for the purposes and 29 consideration therein expressed and in the capacity therein stated. 30 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this ! S' ` day of 32 '2�!Q� 201,J' 33 , 34 35 36 Notary Public in and for the State of Texas 37 38 END OF SECTION 39 `?o1pRY PVA(; PAM N DAVIS -N. _Notary Public,State of Texas %��;k•; Comm.Expires 03-30-2021 Notary ID 283117-2 CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100605 Revised July 1,2011 00 45 40-1 Minority Business Enterprise Specifications Page 1 of 2 1 SECTION 00 45 40 2 Minority Business Enterprise Specifications 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is greater than $50,000, then a MBE subcontracting goal is 5 applicable. 6 7 POLICY STATEMENT 8 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 9 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 10 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 11 12 MBE PROJECT GOALS 13 The City's MBE goal on this project is 8 % of the total bid value of the contract (Base bid applies to 14 Parks and Community Services). 15 16 Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror 17 must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. 18 19 COMPLIANCE TO BID SPECIFICATIONS 20 On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to 21 comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 22 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 23 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 24 3. Good Faith Effort documentation,or; 25 4. Prime Waiver documentation. 26 27 SUBMITTAL OF REQUIRED DOCUMENTATION 28 The applicable documents must be received by the Purchasing Division, within the J'o l l o%vin 2 times 29 allocated, in order for the entire bid to be considered rc.qponsivc to the specifications, The Offeror shall 30 deliver the MBE documentation in person to the appropriate employee of the purchasing division and 31 obtain a datdfirne receipt, Such receipt shall be evidence thw the City received the documentation in the 32 time allocated. A faxed andlor emailed copy will not be accepted. 33 1. Subcontractor Utilization Form,if received no later than 2:00 p.m., on the second City business goal is met or exceeded: day after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form,if day after the bid opening date, exclusive of the bid opening participation is less than 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 participation: date. 4. Prime Contractor Waiver Form, received no later than 2:00 p.m., on the second City business if you will perform all day after the bid opening date, exclusive of the bid opening contracting/supplier work: date. � 34 CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100605 Revised June 9,2015 004540-2 Minority Business Enterprise Specifications Page 2 of 2 1 5. Joint Venture Form,if goal is met received no later than 2:00 p.m., on the second City business or exceeded. day after the bid opening date, exclusive of the bid opening date. 2 FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE 3 WILL RESULT IN THE BID BEING CONSIDERED NON-RESONSIVE TO SPECIFICATIONS. 4 FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE.A SECOND FAILURE WILL RESULT IN THE OFFEROR 5 BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR.THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICAITON PERIOD OF THREE YEARS. 6 7 Any Questions,Please Contact The M/WBE Office at(817)212-2674. 8 END OF SECTION 9 10 11 CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100605 Revised June 9,2015 005243-1 Agreement Page 1 of 5 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on June 26, 2018 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 Gibson & Associates, Inc., authorized to do business in Texas, acting by and 6 through its duly authorized representative,("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1.WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 E. 4`"Street Bridle Rehabilitation 16 City Proiect Number: 100605 17 Article 3. CONTRACT PRICE 18 City agrees to pay Contractor for performance of the Work in accordance with the Contract 19 Documents an amount, in current funds, of ONE HUNDRED FORTY EIGHT THOUSAND 20 FIVE HUNDRED EIGHTY-FOUR and 00/100 Dollars($148,584.00). 21 Article 4. CONTRACT TIME 22 4.1 Final Acceptance. 23 The Work will be complete for Final Acceptance within 100 days after the date when the 24 Contract Time commences to run, as provided in Paragraph 2.03 of the General Conditions, 25 plus any extension thereof allowed in accordance with Article 12 of the General 26 Conditions. 27 4.2 Liquidated Damages 28 Contractor recognizes that time is of the essence for completion of Milestones, if any, and 29 to achieve Final Acceptance of the Work and City will suffer financial loss if the Work is 30 not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also 31 recognizes the delays, expense and difficulties involved in proving in a legal proceeding, 32 the actual loss suffered by the City if the Work is not completed on time. Accordingly, 33 instead of requiring any such proof, Contractor agrees that as liquidated damages for 34 delay (but not as a penalty), Contractor shall pay City SIX HUNDRED FIFTY Dollars 35 ($650.00) for each day that expires after the time specified in Paragraph 4.1 for Final 36 Acceptance until the City issues the Final Letter of Acceptance. 37 Article 5. CONTRACT DOCUMENTS 38 5.1 CONTENTS: 39 A. The Contract Documents which comprise the entire agreement between City and 40 Contractor concerning the Work consist of the following: CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100605 Revised 11.15.17 005243-2 Agreement Page 2 of 5 41 1. This Agreement. 42 2. Attachments to this Agreement: 43 a. Bid Form 44 1) Proposal Form 45 2) Vendor Compliance to State Law Non-Resident Bidder 46 3) Prequalification Statement 47 4) State and Federal documents(project specific) 48 b. Current Prevailing Wage Rate Table 49 c. Insurance ACORD Form(s) 50 d. Payment Bond 51 e. Performance Bond 52 f. Maintenance Bond 53 g. Power of Attorney for the Bonds 54 h. Worker's Compensation Affidavit 55 i. MBE and/or SBE Utilization Form 56 3. General Conditions. 57 4. Supplementary Conditions. 58 5. Specifications specifically made a part of the Contract Documents by attachment 59 or, if not attached, as incorporated by reference and described in the Table of 60 Contents of the Project's Contract Documents. 61 6. Drawings. 62 7. Addenda. 63 8. Documentation submitted by Contractor prior to Notice of Award. 64 9. The following which may be delivered or issued after the Effective Date of the 65 Agreement and, if issued,become an incorporated part of the Contract Documents: 66 a. Notice to Proceed. 67 b. Field Orders. 68 c. Change Orders. 69 d. Letter of Final Acceptance. 70 71 Article 6.INDEMNIFICATION 72 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 73 expense, the city, its officers, servants and employees, from and against any and all 74 claims arising out of, or alleged to arise out of, the work and services to be performed 75 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 76 under this contract. This indemnification provision is specifically intended to operate 77 and be effective even if it is alleged or proven that all or some of the damages being 78 sought were caused, in whole or in part, by any act, omission or negligence of the city. 79 This indemnity provision is intended to include, without limitation, indemnity for 80 costs, expenses and legal fees incurred by the city in defending against such claims and 81 causes of actions. 82 CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised 11.15.17 00 52 43-3 Agreement Page 3 of 5 83 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 84 the city,its officers,servants and employees, from and against any and all loss,damage 85 or destruction of property of the city, arising out of,or alleged to arise out of, the work 86 and services to be performed by the contractor, its officers, agents, employees, 87 subcontractors, licensees or invitees under this contract. This indemnification 88 provision is specifically intended to operate and be effective even if it is alleged or 89 proven that all or some of the damages being sought were caused, in whole or in part, 90 by any act,omission or negligence of the city. 91 92 Article 7. MISCELLANEOUS 93 7.1 Terms. 94 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 95 have the meanings indicated in the General Conditions. 96 7.2 Assignment of Contract. 97 This Agreement, including all of the Contract Documents may not be assigned by the 98 Contractor without the advanced express written consent of the City. 99 7.3 Successors and Assigns. 100 City and Contractor each binds itself, its partners, successors, assigns and legal 101 representatives to the other party hereto, in respect to all covenants, agreements and 102 obligations contained in the Contract Documents. 103 7.4 Severability. 104 Any provision or part of the Contract Documents held to be unconstitutional, void or 105 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 106 remaining provisions shall continue to be valid and binding upon CITY and 107 CONTRACTOR. 108 7.5 Governing Law and Venue. 109 This Agreement, including all of the Contract Documents is performable in the State of 110 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 111 Northern District of Texas,Fort Worth Division. 112 7.6 Authority to Sign. 113 Contractor shall attach evidence of authority to sign Agreement if signed by someone other 114 than the duly authorized signatory of the Contractor. 115 116 7.7 Prohibition On Contracts With Companies Boycotting Israel. 117 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government 118 Code, the City is prohibited from entering into a contract with a company for goods or 119 services unless the contract contains a written verification from the company that it: (1) 120 does not boycott Israel; and(2) will not boycott Israel during the term of the contract. CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100605 Revised 11.15.17 005243-4 Agreement Page 4 of 5 121 The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms 122 in Section 808.001 of the Texas Government Code. By signing this contract, Contractor 123 certifies that Contractor's signature provides written verification to the City that 124 Contractor. (I) does not boycott Israel; and(2) will not boycott Israel during the term of 125 the contract. 126 127 7.8 Immigration Nationality Act. 128 Contractor shall verify the identity and employment eligibility of its employees who 129 perform work under this Agreement, including completing the Employment Eligibility 130 Verification Form(I-9). Upon request by City, Contractor shall provide City with copies of 131 all I-9 forms and supporting eligibility documentation for each employee who performs 132 work under this Agreement. Contractor shall adhere to all Federal and State laws as well as 133 establish appropriate procedures and controls so that no services will be performed by any 134 Contractor employee who is not legally eligible to perform such services. 135 CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS 136 FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF 137 THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, 138 SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to 139 Contractor, shall have the right to immediately terminate this Agreement for violations of 140 this provision by Contractor. 141 142 7.9 No Third-Party Beneficiaries. 143 This Agreement gives no rights or benefits to anyone other than the City and the Contractor 144 and there are no third-party beneficiaries. 145 146 7.10 No Cause of Action Against Engineer. 147 Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their 148 sureties, shall maintain no direct action against the Engineer, its officers, employees, and 149 subcontractors, for any claim arising out of, in connection with, or resulting from the 150 engineering services performed. Only the City will be the beneficiary of any undertaking by 151 the Engineer. The presence or duties of the Engineer's personnel at a construction site, 152 whether as on-site representatives or otherwise, do not make the Engineer or its personnel 153 in any way responsible for those duties that belong to the City and/or the City's construction 154 contractors or other entities, and do not relieve the construction contractors or any other 155 entity of their obligations, duties, and responsibilities, including, but not limited to, all 156 construction methods, means, techniques, sequences, and procedures necessary for 157 coordinating and completing all portions of the construction work in accordance with the 158 Contract Documents and any health or safety precautions required by such construction 159 work. The Engineer and its personnel have no authority to exercise any control over any 160 construction contractor or other entity or their employees in connection with their work or 161 any health or safety precautions. 162 163 SIGNATURE PAGE TO FOLLOW 164 CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised 11.15.17 005243-5 Agreement Page 5 of 5 165 166 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be 167 effective as of the date subscribed by the City's designated Assistant City Manager ("Effective 168 Date"). 169 Contractor: CiFFrth BySusan Alanis By: ��.-�� ✓ stant City Manager ignature) Date —7 13j Attest: RT (Printed Name) City Se et o•: �i®' Title: {fir r si��k� cf o (Seal) Address: PO Box 800579, 11210 Ryliecrest Dr M&C C-28739 Date: 6/26/2018 XP+S Form 1295 No. 2018-366985 City/State/Zip: Contract Compliance Manager: Balch Springs, Texas 75180 By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting Date requirements. of Tariqul Islam (Project Manager) Approved as to Form and Legality: Douglas W. Black Assistant City Attorney 170 171 AFrAL RECOMMENDED: 172 , r 173 (I 174 OFFICIAL RECORD Doug as Wiersig, P.E. 175 DIRECTOR, 176 ��Ty �� � Transportation and Public Works Department 177 FT'.W©R1'14,TX CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100605 Revised 11.15.17 OD 61 13.1 PERFORMANCE BOND Page 10172 Bond No. 8246-05-66 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we,Gibson&Associates, Inc.,known as"Principal"herein and 8 Federal Insurance Company ,a corporate surety(sureties, if more than 9 one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether one 10 or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created 11 pursuant to the laws of Texas,known as"City"herein, in the penal sum of,ONE HUNDRED 12 FORTY EIGHT THOUSAND,FIVE HUNDRED EIGHTY-FOUR AND 00/100 DOLLARS 13 (5148,584.00), 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 26th day of June,2018, which Contract is hereby referred to and made a part hereof 18 for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other 19 accessories defined by law, in the prosecution of the Work, including any Change Orders,as 20 provided for in said Contract designated as E. 4T11 STREET BRIDGE REHABILITATION, City 21 Project No. 100605. 22 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 23 shall faithfully perform it obligations under the Contract and shall in all respects duly and 24 faithfully perform the Work, including Change Orders, under the Contract,according to the plans, 25 specifications,and contract documents therein referred to,and as well during any period of 26 extension of the Contract that may be granted on the part of the City,then this obligation shall be 27 and become null and void,otherwise to remain in full force and effect. 28 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 29 Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort 30 Worth Division. CITY OF FORT WORTH E.01 STREET BRIDGE REHABILITAITON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Reviscd July 1,2011 0061 13-2 PERFORMANCE BOND Page 2 or2 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 9th day of Jules_ 6 2018 , 7 PRINCIPAL: 8 Gibson&Associates.Inc. 9 10 -- 11 BY: �✓ 12 Signature 13 ATTEST: 14 / 15 k/ttic4n+ 3•G�'6Smti /�s%oQo�,L/�fy 16 (Principal)SecretaW Name and Title 17 18 Address:PO Box 800579, 19 11210 Rvliecrest Dr 20 -� Balch Springs,Texas 75180 21 22 Witness as to Principal 23 SURETY: 24 Federal Insurance Company 25 26 27 BY:a �sd--- 2:2 28 Signature 29 30 Robbi Morales,Attorney-in-fact 31 Name and Title 32 33 Address: 2711 N. Haskell Ave., Suite 800 34 N Dallas,TX 75204 35l11��, 36 , I 37 Miss as to Surety Telephone Number: 214/989-0000 38 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 E.4n"STREET BRIDGE REHABILITAITON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 0061 l4-1 PAYMENTBOND Page 1 01`2 1 SECTION 00 61 14 Bond No. 8246-05-66 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Gibson & Associates. Inc., known as "Principal" herein, and 8 Federal Insurance Company , a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal I 1 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of ONE HUNDRED FORTY EIGHT THOUSAND, FIVE HUNDRED EIGHTY- 13 FOUR AND 00/100 DOLLARS (S148,584.00), Lawful money of the United States, to be paid in 14 Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we 15 bind ourselves, our heirs,executors, administrators, successors and assigns,jointly and severally, !6 firmly by these presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 26'b day of June. 2018, which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other 20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 21 designated as E. 4T"STREET BRIDGE REHABILITATIONN, City Proiect No. 100605. 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 E.4TH STREET BRIDGE REHABILITA1TON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 0061 14-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 9th day of 3 July 12018 4 PRINCIPAL: Gibson&Associates, Inc. ATTEST: BY: L M-- Signature (Principal)Secreta& Name and Title Address:PO Box 800579, 11210 Ryliecrest Dr.Balch Springs,Texas 75180 itness as to Principal SURETY: Federal Insurance Company ATTEST: BY: 0912 Vie/ Signature Robbi Morales, Attorney-in-fact (Sur ) Secretary Name and Title Address: 2711 N. Haskell Ave., Suite 800 Dallas, TX 75204 Witness as to Surety Telephone Number: 214/989-0000 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. 11 END OF SECTION 12 CITY OF FORT WORTH E.4n1 STREET BRIDGE REHABILITAITON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Projcct No.100605 Rcviscd July 1,2011 0061 19-1 MAIN'T'ENANCE BOND Page 1 of 3 Bond No. 8246-05-66 1 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Gibson &Associates,Inc,known as"Principal"herein and 9 Federal Insurance Company ,a corporate surety(sureties, if more than 10 one)duly authorized to do business in the State ofTexas,known as"Surety"herein(whether one 11 or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created 12 pursuant to the laws of the State of Texas,known as"City"herein, in the sum of ONE 13 HUNDRED FORTY EIGHT THOUSANDS FIVE HUNDRED EIGHTY-FOUR AND 14 00/100 DOLLARS (5148,584,00), lawful money of the United States,to be paid in Fort Worth, 15 Tarrant County,Texas, for payment of which sum well and truly be made unto the City and its 16 successors,we bind ourselves,our heirs, executors,administrators,successors and assigns,jointly 17 and severally, firmly by these presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded 20 the 26th day of June,2018, which Contract is hereby referred to and a made part hereof for all 21 purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories 22 as defined by law, in the prosecution of the Work, including any Work resulting from a duly 23 authorized Change Order(collectively herein,the"Work")as provided for in said contract and 24 designated as E. 4T11 STREET BRIDGE REHABILITATION, City Proiect No. 100605;and 25 26 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans,specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two(2)years 29 after the date of Final Acceptance of the Work by the City("Maintenance Period");and 30 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period. 34 CITY OF FORT WORTH E.4"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 0061 19-2 MAINTENANCE BOND Pap 2 of 3 1 NOW THEREFORE,the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City,to a completion 3 satisfactory to the City, then this obligation shall become null and void;otherwise to remain in 4 full force and effect. 5 6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond;and 10 11 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 12 Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort 13 Worth Division;and 14 15 PROVIDED FURTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FORT WORTH E.4'STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICA CION DOCUMENTS City Projcct No.100605 Rcviscd July 1,2011 0061 19-3 MAINTENANCE BOND Page 3 of 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 9th day of July 3 $2018 4 5 PRINCIPAL: 6 Gibson&Associates,Inc. 7 8 9 BY: 1 10 Signature 11 ATTEST: 12 13 14 (Principal)Secretary, Name and Title 15 16 Address: PO Box 800579, 17 l 1210 Ryliecrest Dr 18 )) Batch Shrines.Texas 75180 19 20 Witness as to Principal 21 SURETY: 22 Federal Insurance Company 23 24 25 BY: 26 Signature 27 28 Robbi Morales,Attorney-in-fact 29 A-i EST: Name and Title 30 31 Address: 2711 N. Haskell Ave., Suite 800 32 (Sure )Secretary 9 Dallas, TX 75204 33 34 35 Witness as to Surety Telephone Number: 214/989-0000 36 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address,both must be provided, 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY OF FORT WORTH E.411t STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1.2011 CHUBS, Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Don E. Cornell, Sophinie Hunter, V. DeLene Marshall, Tina McEwan, Robbi Morales,Ricardo J.Reyna and Kelly A.Westbrook of Dallas,Texas;Steven Dwain Brockinton of Little Rock,Arkansas-------------------------- each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 8m day of March,2017. 0-, 5-,� A—,t�— A-t lkiwn N1 Stcphen NI H;mcy.Nice President * (Do *(0 a STATE OF NEW JERSEY County of Hunterdon ss. On this 8m day of March,2017 before me,a Notary Public of New Jersey,personally came Dawn M.Chloros,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M. Chloros,being by me duly sworn,did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority,and that she is acquainted with Stephen M. Haney,and knows him to be Vice President of said Companies;and that the signature of Stephen M.Haney,subscribed to said Power of Attorney is in the genuine handwriting of Stephen M.Haney,and was thereto subscribed by authority of said Companies and in deponent's presence. Notarial Seal KATHERINE J.ADELAAA TAq WOTARY PUBLIC OF NEW JERSEY ►.r N0.2316986 COtMrlISOM EVOU JOY 16,2010 • Naary PnbBc CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016: "RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognisances,contracts and other written commitments of the Company entered into in the ordinary course of business(each a"Written Commitment"): (1) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise,to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney- in-fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the Company as may be specified in such written appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing to any other officer of the Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company.may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I,Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the"Companies')do hereby certify that (I) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in the U.S.Virgin Islands,and Federal is licensed in Guam,Puerto Rico, and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,NJ,this July 9, 2018 �a� ® __ iQaw-o - 1 J1 u7LI�l.CLi 1Xm.,n NI,Chkx'(xc.A,,,4-4ant Sccreiary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT: Telephone(908)903-3493 Fax(908)903-3656 e-mail:surety@chubb.com Form 15-10-02258-U GEN CONSENT(rev.12-16) Policyholder Information Notice IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una quej a: You may call Chubb's toll-free telephone number Usted puede llamar al numero de telefono gratis for information or to make a complaint at de Chubb's para informacion o para someter una quej a al 1-800-36-CHUBB 1-800-36-CHUBB You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages, rights 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 Departamento de Seguros de Texas 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 E-mail: ConsumerProtection@tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: D/SPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your premium Si tiene una disputa concerniente a su prima o a un or about a claim you should contact the agent first. reclamo, debe comunicarse con el agente primero. If the dispute is not resolved, you may contact the Si no se resueve la disputa, puede entonces Texas Department of Insurance. comunicarse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POL/ZA: This notice is for information only and does not Este aviso es solo para proposito de informacion y become a part or condition of the attached no se convierte en parte o condicion del documento document. adjunto. Form 99-10-0299(Rev.1-08) ACO® DATE(MM/DD/YYYY) �� CERTIFICATE OF LIABILITY INSURANCE 7/10/2018 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(ies)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 endorsement(s). PRODUCER CONTACT Bowen, Miclette&Britt NAME: Lennie Gaza Insurance Agency, LLC IAC Ext),PHONE 713 880-7100 ac No):713-880-7166 1111 North Loop West,#400 nDURess: Certificates@bmbinc.com Houston TX 77008 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A:Hartford Underwriters Ins Co 30104 INSURED GIBSONASSO INSURER B:Hartford Ins CO Of the Midwest 37478 Gibson&Associates, Inc. 11210 Ryliecrest INSURER C:Great American Ins Co 16691 PO BOX 800579 INSURER D:Texas Mutual Insurance Company 22945 Balch Springs TX 75180 INSURER E:Argonaut Insurance Co 19801 INSURER F: COVERAGES CERTIFICATE NUMBER:734057301 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 I TYPE OF INSURANCE A DL UBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY W MWDD/YY A X COMMERCIAL GENERAL LIABILITY Y Y 61UEAHF8624 6/302018 6/302019 EACH OCCURRENCE $1,000,000 CLAIMS-MADE a OCCUR PREMISES(Ea occurrence) $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY�JE 4 LOC PRODUCTS-COMP/OP AGG $2,000,000 F1 OTHER: $ B AUTOMOBILE LIABILITY Y Y 61 UEA HF 8900 6202018 6/302019 Ea. dEerDttSINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ 1 AUTOS Per accident E C UMBRELLA LIAR X OCCUR Y Y TUE 429571603 6/302018 8/302019 EACH OCCURRENCE $5,000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE $5,000,000 DED I I RETENTION$ $ D WORKERS COMPENSATION Y 0001327108 8/302018 6/302019 X STATUTE OR E AND EMPLOYERS'LIABILITY Y/N WC 92 839 888730-4 6/302018 6/302019 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES( 101,Additional Remarks Schedule,may be attached N mon space Is required) The following policy provisions and/or endorsements form part of the policies of insurance represented by this certificate of insurance. The terms contained in the policies and/or endorsements supersede the representations made herein. Electronic copies of the policy provisions and/or endorsements listed below are available by emailing: certificates@bmbinc.com General Liability: Blanket additional insured Ongoing Operations per form#HS2480 0713 Blanket additional insured Completed Operations perform#HS2480 0713 See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort worth ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Jennifer West 200 Texas Street AUTHORIZED REPRESENTATIVE( Fort Worth TX 76102 ©1988-22014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: GIBSONASSO LOC#: A ® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Bowen,Miclette&Britt Gibson&Associates,Inc. 11210 Ryliecrest POLICY NUMBER PO BOX 800579 Balch Springs TX 75180 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Blanket waiver of subrogation per form#HG00010916 Blanket primary/non-contributory per form#HS2480 0713 Automobile: Blanket additional insured per form#HA9916 0312 Blanket waiver of subrogation per form#HA9916 0312 Blanket primary/non-contributory per form#HA9916 0312 Worker's Compensation: Blanket waiver of subrogation per form#TX-WC 42 03 04 B/Other States-WC 00 03 13 Umbrella: Blanket additional insured Per form#GAI 6003 06/97 Blanket waiver of subrogation per form#GAI 601106/97 Blanket primary/non-contributory per form#TAU9999 1197 RE: Project:E.4th St Bridge Rehab City Project No 100605 Certificate holder includes:City of Fort Worth,their respective officers,directors,agents and employees. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: 61 UEAHF8624 Effective Date: 06/30/18 TO 06/30/19 it THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - OPTION I This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Designated Project(s) Or Location(s) Or Organization(s): Of Covered Operations: Arty organization when required try written contract written permit or written agreement Information required to complete this Schedule if not shown above will be shown in the Declarations. A. With respect to those person(s) or organization(s) (3) In connection with "your work" for the shown in the Schedule above when you have additional insured at the project(s) or agreed in a written contract or written agreement location(s) designated in the Schedule to provide insurance such as is afforded under this and included within the "products- policy to them, Subparagraph f., Any Other completed operations hazard",but only if: Party, under the Additional Insureds When (a) The written contract or written Required By Written Contract, Written agreement requires you to provide Agreement Or Permit Paragraph of Section II — such coverage to such additional Who Is An Insured is replaced with the following: insured at the project(s) or location(s) f. Any Other Party designated in the Schedule;and Any other person or organization who is not (b) This Coverage Part provides an insured under Paragraphs a. through e. coverage for "bodily injury" or above, but only with respect to liability for "property damage"included within the "bodily injury", "property damage"or"personal "products-completed operations and advertising injury" caused, in whole or in hazard". part, by your acts or omissions or the acts or The insurance afforded to the additional omissions of those acting on your behalf: insured shown in the Schedule applies: (1) In the performance of your ongoing (1) Only if the "bodily injury" or "property operations for such additional insured at damage" occurs, or the "personal and the project(s) or location(s) designated in advertising injury"offense is committed: the Schedule; (a) During the policy period;and (2) In connection with your premises owned by or rented to you and shown in the (b) Subsequent to the execution of such Schedule;or written contract or written agreement; and Form HS 24 80 07 13 Page 1 of 2 © 2013,The Hartford (Includes copyrighted material of Insurance Services Office, Inc., with its permission.) Policy Number: 61UEAHF8624 Effective Date: 06/30/18 TO 06/30/19 (c) Prior to the expiration of the period of When You Add Others As An Additional time that the written contract or written Insured To This Insurance agreement requires such insurance (a) Primary Insurance When Required By be provided to the additional insured. Contract (2) Only to the extent permitted by law;and This insurance is primary if you have agreed (3) Will not be broader than that which you in a written contract or written agreement that are required by the written contract or this insurance be primary. If other insurance written agreement to provide for such is also primary, we will share with all that additional insured. other insurance by the method described in With respect to the insurance afforded to the Paragraph(c)below. This insurance does not person(s)or organization(s)that are additional apply to other insurance to which the insureds under this endorsement, the additional insured in the Schedule has been following additional exclusion applies: added as an additional insured. This insurance does not apply to "bodily (b) Primary And Non-Contributory To Other injury", "property damage" or "personal and Insurance When Required By Contract advertising injury" arising out of the rendering This insurance is primary to and will not seek of, or the failure to render, any professional contribution from any other insurance architectural, engineering or surveying available to an additional insured under your services,including: policy provided that: (1) The preparing, approving, or failing to (i) The additional insured in the Schedule is prepare or approve maps, shop drawings, a Named Insured under such other opinions, reports, surveys, field orders, insurance;and change orders, designs or specifications; (ii) You have agreed in a written contract or or written agreement that this insurance (2) Supervisory, inspection, architectural or would be primary and would not seek engineering activities. contribution from any other insurance The limits of insurance that apply to the additional available to the additional insured in the insured shown in the Schedule are described in the Schedule. Limits Of Insurance section. (c) Method Of Sharing How this insurance applies when other insurance is If all of the other insurance permits available to the additional insured is described in the contribution by equal shares, we will follow Other Insurance Condition in Section IV — this method also. Under this approach, each Commercial General Liability Conditions,except as insurer contributes equal amounts until it has otherwise amended below. paid its applicable limit of insurance or none of B. With respect to insurance provided to the the loss remains,whichever comes first. person(s) or organization(s) that are additional If any of the other insurance does not permit insureds under this endorsement, the When You contribution by equal shares, we will Add Others As An Additional Insured To This contribute by limits. Under this method, each Insurance subparagraph, under the Other insurer's share is based on the ratio of its Insurance Condition of Section IV—Commercial applicable limit of insurance to the total General Liability Conditions is replaced with the applicable limits of insurance of all insurers. following: All other terms and conditions in the policy remain unchanged. Page 2 of 2 Form HS 24 80 0713 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS BROAD FORM ENDORSEMENT - TEXAS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX 1. Alienated Premises Coverage ........................................................................................................................1 2. Damage To Your Work...................................................................................................................................1 3 Contractors Limited Professional Liability.......................................................................................................1 4. Per Project and Per Location General Aggregate Limits Of Insurance..........................................................2 S. Medical Payments Coverage-Including Products-Completed Operations..................................................3 6. Injury To Employee's Reputation With Respect To Incidental Medical Malpractice ......................................3 7. Bodily Injury Employee Suits...........................................................................................................................3 8. Consolidated Insurance(Wrap-Up)Program..................................................................................................3 8. Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability .........................4 10. Supplementary Payments...............................................................................................................................5 11. Notice of Cancellation to Certificate Holders..................................................................................................5 12. Contractual Liability Coverage For Personal And Advertising Injury..............................................................5 13. Insured Contract Definition..............................................................................................................................6 1. ALIENATED PREMISES COVERAGE This provision does not apply if exclusion I. Exclusion j Damage To Property of Section I - Damage To Your Work has been otherwise Coverage A is amended as follows: modified by endorsement. a. The following exception to the exclusion is 3. CONTRACTORS LIMITED PROFESSIONAL deleted: LIABILITY Paragraph(2)of this exclusion does not apply The following exclusion is added to Paragraph 2., if the premises are "your work" and were Exclusions of Section I - Coverage A - Bodily never occupied, rented or held for rental by Injury And Property Damage Liability, and to you. Paragraph 2., Exclusions of Section I - Coverage B - Personal And Advertising Injury b. This exception is replaced by the following: Liability: Paragraph (2)of this exclusion does not apply This insurance does not apply to "bodily injury". if the premises are"your work". "property damage" or "personal and advertising 2. DAMAGE TO YOUR WORK injury" arising out of the rendering of or failure to Exclusion I. Damage To Your Work of Section I - render any professional services by you with Coverage A is replaced by the following: respect to your providing engineering, architectural or surveying services in your I. Damage to Your Work capacity as an engineer,architect or surveyor. "Property damage" to that particular part of Professional services include: "your work"that must be restored, repaired or (1) The preparing, approving, or failing to prepare replaced because "your work" was incorrectly or approve, maps, shop drawings, opinions, performed and included in the "products- reports, surveys, field orders, change orders, completed operations hazard". or drawings and specifications;and This exclusion does not apply if the damaged (2) Supervisory or inspection activities performed work or the work performed incorrectly was as a part of any related architectural or performed on your behalf by a subcontractor. engineering activities. Form HS 24 24 03 17 Page 1 of 6 0 2017,The Hartford This exclusion applies even if damages 10. SUPPLEMENTARY PAYMENTS are claimed for notification costs, credit In the Supplementary Payments -Coverages A monitoring expenses, forensic expenses. and B provision: public relations expenses or any other loss, cost or expense incurred by you or The limit for the cost of bail bonds in increased to others arising out of any access to or $2,500. disclosure of any person's or 11. NOTICE OF CANCELLATION TO CERTIFICATE organization's confidential or personal HOLDER(S) information. This policy is subject to the following additional C. The following paragraph is added to Section Conditions: III-Limits Of Insurance: A. If this policy is cancelled by the Company, Subject to Paragraph 5. Each Occurrence other than for nonpayment of premium, notice Limit, the most we will pay under Coverage of such cancellation will be provided at least A for"property damage"because of all loss of thirty(30) days in advance of the cancellation "electronic data" arising out of any one effective date to the certificate holder(s) with "occurrence" is $100,000, unless modified by mailing addresses on file with the agent of endorsement. record or the Company. D. The following definition is added to Section V B. If this policy is cancelled by the Company for -Definitions: nonpayment of premium, or by the insured, "Electronic data" means information. facts or notice of such cancellation will be provided programs: within (10) days of the cancellation effective date to the certificate holder(s) with mailing a. Stored as or on; addresses on file with the agent of record or b. Created or used on;or the Company. c. Transmitted to or from; If notice is mailed, proof of mailing to the last computer software, (including systems and known mailing address of the certificate holder(s) applications software) hard or floppy disks, on file with the agent of record or the Company CD-ROMS. tapes, drives, cells, data will be sufficient proof of notice. processing devices or any other media which Any notification rights provided by this are used with electronically controlled endorsement apply only to active certificate equipment. holder(s) who were issued a certificate of E. For the purposes of the coverage provided by insurance applicable to this policy's term. this provision, the definition of "property Failure to provide such notice to the certificate damage" in Section V - Definitions is holder(s) will not amend or extend the date the replaced by the following: cancellation becomes effective, nor will it negate "Property damage"means: cancellation of the policy. Failure to send notice a. Physical injury to tangible property, shall impose no liability of any kind upon the including all resulting loss of use of that Company or its agents or representatives. property. All such loss of use shall be 12. CONTRACTUAL LIABILITY COVERAGE FOR deemed to occur at the time of the PERSONAL AND ADVERTISING INJURY physical injury that caused it; Exclusion e. of SECTION I - COVERAGE B b. Loss of use of tangible property that is not PERSONAL AND ADVERTISING INJURY physically injured. All such loss of use LIABILITY is replaced by the following: shall be deemed to occur at the time of This insurance does not apply to: the"occurrence"that caused it; or e. Contractual Liability c. Loss of, loss of use of, damage to, "Personal and advertising injury"for which the corruption of, inability to access, or insured has assumed liability in a contract or inability to property manipulate "electronic agreement. This exclusion does not apply to data", resulting from physical injury to liability for damages: tangible property. All such loss of "electronic data"shall be deemed to occur (1) That the insured would have in the at the time of the "occurrence" that absence of the contract or agreement:or caused it. (2) Assumed in a contract or agreement that For the purposes of this insurance, "electronic is an "insured contract", provided the data"is not tangible property. "personal and advertising injury" occurs subsequent to the execution of the Form HS 24 24 03 17 Page 5 of 6 it THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION OR NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Number of Days Notice Cancellation Nonrenewal (If no entry is shown in the Schedule above for either Cancellation or Nonrenewal,the number of days notice for that condition is not amended by this endorsement). For any statutorily permitted reason other than nonpayment of premium,the number of days required for notice of cancellation or nonrenewal,as provided in: 1. Paragraph A.2.of the Cancellation Common Policy Condition;or 2. The Coverage Part;or 3. An applicable state cancellation or nonrenewal endorsement, whichever may apply,is increased to the number of days shown in the Schedule above. In no event,however,will notice of cancellation or nonrenewal be less than the minimum number of days required, if any,of the state shown as the first Named Insured's mailing address shown in the Declarations. Form HA 02 03 06 14 Page 1 of 1 © 2014,The Hartford (Includes copyrighted material of Insurance Services Office,Inc.with its permission.) TeXPSMutuar WORKERS' COMPENSATION INSURANCE WORKERS'COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Agent Copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A.of the Information Page. In the event of cancellation or other material change of the policy,we will mail advance notice to the person or organization named in the Schedule.The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 60 2. Notice will be mailed to: ANY CERTIFICATE HOLDER ANY STREET ANY TOWN TX 99999 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 06/30/2017 at 12:01 a.m.standard time,forms a part of: Policy No.0001327108 of Texas Mutual Insurance Company effective on 06/30/2017 Issued to: SCR CIVIL CONSTRUCTION LLC /U 6e— Premium: $50,281.00 Authorized Representative NCCI Carrier Code:29939 osrzona1 7 PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual.com 1(800)859-5995 1 Fax(800)359-0650 WC 42 06 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION-ADDITIONAL PROVISIONS (BLANKET EXCEPTION FOR ADDITIONAL INSUREDS) ---------------------------------- ---------------------------------- NOTWITHSTANDING THE CANCELLATION PROVISIONS OF THIS POLICY,WE HEREBY AGREE TO ENDEAVOR TO PROVIDE 30 DAYS WRITTEN NOTICE OF CANCELLATION TO THE PERSON OR ORGANIZATION,WHO IS AN ADDITIONAL INSURED UNDER THIS POLICY AND SPECIFICALLY NAMED IN SCHEDULE A BELOW FOR ANY CANCELLATION, EXCEPT CANCELLATION FOR NOW PAYMENT OF PREMIUM. IF WE CANCEL FOR NON-PAYMENT OF PREMIUM,WE WILL GIVE NO LESS THAN(10)DAYS ADVANCED WRITTEN NOTICE TO THE NAMED INSURED. IT IS FURTHER AGREED AND UNDERSTOOD THAT THIS NOTIFICATION IS MERELY PROVIDED AS A COURTESY SERVICE TO THE FIRST NAMED INSURED SHOWN IN ITEM 1.OF THE DECLARATIONS PAGE AND DOES NOT INFLUENCE OR AMEND THE RIGHTS, DUTIES,OR OBLIGATIONS OF THE COMPANY OR THE NAMED INSURED UNDER THIS POLICY IN ANY WAY. FAILURE TO PROVIDE SUCH NOTIFICATION AS INDICATED ABOVE WILL NOT BE INTERPRETED TO EXTEND THE POLICY CANCELLATION DATE OR NEGATE THE CANCELLATION OF THIS POLICY. SCHEDULE A NAME OF PERSON OR ORGANIZATION MAILING ADDRESS ------------------------------ --------------- ------------------------------ --------------- ANY PERSON OR ORGANIZATION, WHO QUALIFIES AS AN ADDITIONAL INSURED UNDER THIS POLICYAND HAS REQUIRED VIA WRITTEN CONTRACT FOR THE NAMED INSURED TO PROVIDE NOTICE OF CANCELLATION FOR REASONS OTHER THAN NON-PAYMENT OF PREMIUM,BUT ONLY IF AN ACCURATE LIST OF SUCH PERSONS OR ORGANIZATIONS WITH CORRECT MAILING ADDRESSES AND CONTACT NAMES HAVE BEEN PROVIDED TO US UPON THE LATTER DATE OF EITHER:(1)WITHIN 10 DAYS OF THE INCEPTION DATE OF THIS POLICY;OR(2)WITHIN 10 DAYS OF ISSUING THIS ENDORSEMENT. THIS ENDORSEMENT DOES NOT CHANGE ANY OTHER PROVISION OF THE POLICY. (HO APPROVAL ONLY) 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 ACORD 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 E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CIITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnimy 2,2016 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmary2,2016 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology..........................................................................................................1 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3—Contract Documents: Intent, Amending, Reuse............................................................................8 3.01 Intent..............................................................................................................................................8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................ l l Article 4—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points...........................................................................................................1 l 4.01 Availability of Lands ..................................................................................................................11 4.02 Subsurface and Physical Conditions .......................................................................................... 12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article5 —Bonds and Insurance .....................................................................................................................16 5.01 Licensed Sureties and Insurers................................................................................................... 16 5.02 Performance,Payment, and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6—Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence............................................................................................... 19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmazy Z 2016 6.02 Labor;Working Hours................................................................................................................20 6.03 Services,Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and "Or-Equals".......................................................................................................21 6.06 Concerning Subcontractors, Suppliers, and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes ...........................................................................................................................................28 6.12 Use of Site and Other Areas .......................................................................................................28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection..................................................................................................................29 6.15 Safety Representative..................................................................................................................30 6.16 Hazard Communication Programs .............................................................................................30 6.17 Emergencies and/or Rectification...............................................................................................30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification.........................................................................................................................33 6.22 Delegation of Professional Design Services ............................................... .............................34 6.23 Right to Audit..............................................................................................................................34 6.24 Nondiscrimination.......................................................................................................................35 Article7-Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article8-City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due ............................................................................................................................36 8.04 Lands and Easements; Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections, Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project Manager ............................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnimy 2,2016 Article 10-Changes in the Work; Claims;Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work;Allowances; Unit Price Work; Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13-Tests and Inspections; Correction, Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article 15-Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmazy 2,2016 Article17—Miscellaneous..............................................................................................................................62 17.01 Giving Notice..............................................................................................................................62 17.02 Computation of Times................................................................................................................62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings......................................................................................................................................63 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmmy 2,2016 007200-1 GENERAL CONDITIONS Page 1 of 63 ARTICLE 1–DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct,or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 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:Felxua<y 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 for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnkuy 2,2016 007200-1 GENERAL CONDITIONS Page 3 of 63 25. Damage Claims — A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 26. Day or day—A day, unless otherwise defined, shall mean a Calendar Day. 27. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth,Texas, or his duly appointed representative, assistant, or agents. 28. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director of Planning and Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. Director of Water Department— The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 32. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36. Field Order—A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmazy 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 the Agreement. 47. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs—Polychlorinated biphenyls. 49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50. Plans–See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnuazy 2,2016 007200-1 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:lidmiry 2,20 16 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 for definition. 70. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day—A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmazy 2,20 16 007200-1 GENERAL CONDITIONS Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time;Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the C ITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnivy 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. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:F mkgry 2,2016 007200-1 GENERAL CONDITIONS Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized,by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C);or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnwy 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. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnimy 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. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members,partners, employees, agents,consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fehmary Z 2016 007200-1 GENERAL CONDITIONS Page 13 of 63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebmaryZ 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. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmary2,2016 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:Febniary2,2016 007200-1 GENERAL CONDITIONS Page 16 of 63 ARTICLE 5—BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as"Additional Insured" on all liability policies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 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:Febmary Z 2016 007200-1 GENERAL CONDITIONS Page 18 of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmary2,2016 007200-1 GENERAL CONDITIONS Page 19 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured.There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods,techniques, sequences, and procedures of construction. CITY OF FORT WORTH 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. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source,kind, and quality of materials and equipment. CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 21 of 63 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 0132 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or-Equal" Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or-equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fdxwy 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 0125 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febniazy 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. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or-equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an"or-equal."City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmacy 2,2016 007200-1 GENERAL CONDITIONS Page 24 of 63 G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Minority Business Enterprise Compliance: It is City policy to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MBE goal, Contractor is required to comply with the intent of the City's MBE Ordinance(as amended)by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MBE. Material misrepresentation of any nature will be grounds for termination of the Contract in accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fdxuary 2,2016 007200-1 GENERAL CONDITIONS Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmary2,2016 007200-1 GENERAL CONDITIONS Page 26 of 63 D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258,Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febniazy 2,2016 007200-1 GENERAL CONDITIONS Page 27 of 63 the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmary 2,2016 007200-1 GENERAL CONDITIONS Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. http://www.window.state.tx.us/taxinfo/taxforms/93-folms.htlnl 6.12 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is 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:F hnkuy 2,2016 007200-1 GENERAL CONDITIONS Page 29 of 63 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febniary 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. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal,relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant CITY OF FORT WORTH 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:Febmazy 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:Fehniary 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 by City; 6. any inspection,test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.13. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART. BY ANY ACT. OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnory 2,2016 007200-1 GENERAL CONDITIONS Page 34 of 63 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED. IN WHOLE OR IN PART. BY ANY ACT. OMISSION OR NEGLIGENCE OF THE CITY, 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febniary 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 may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7—OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fehwary 2,2016 007200-1 GENERAL CONDITIONS Page 36 of 63 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8—CITY'S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements;Reports and Tests City's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febniazy 2,2016 007200-1 GENERAL CONDITIONS Page 37 of 63 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9—CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project Manager City will provide one or more Project Manager(s) during the construction period. The duties and responsibilities and the limitations of authority of City's Project Manager during construction are set forth in the Contract Documents. The City's Project Manager for this Contract is < insert name here >, or his/her successor pursuant to written notification from the Director of < insert managing department here>. 9.02 Visits to Site A. City's Project Manager will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Manager will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Manager will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Manager's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Manager's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FdxuaryZ 2016 007200-1 GENERAL CONDITIONS Page 38 of 63 9.03 Authorized Variations in Work City's Project Manager may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Manager believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Manager will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City's written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10—CHANGES IN THE WORK; CLAIMS;EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmary 2,2016 007200-1 GENERAL CONDITIONS Page 39 of 63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09, or(iii) agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febniary2,2016 007200-1 GENERAL CONDITIONS Page 40 of 63 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant's last submittal (unless Contract allows additional time). C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any,take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnk9ry 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 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.0l.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.13, 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:Fvbrwy Z 2016 007200-1 GENERAL CONDITIONS Page 42 of 63 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fdxua y 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.1 or specifically covered by Paragraph 11.0I.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.0l.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance: It is understood that 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:Febamy 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. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fvbnoy 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 unit price. 11.04 Plans Quantity Measurement A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Femkvy 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 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.0l.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 12.01.Q. C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0l.A.1, 11.0l.A.2. and 11.0l.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.0I.A.4 and 11.0l.A.5, the Contractor's fee shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmary2,2016 007200-1 GENERAL CONDITIONS Page 47 of 63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.O1.A.6, and 11.01.B; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febn=y 2,2016 007200-1 GENERAL CONDITIONS Page 48 of 63 ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at`reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fehmazy 2,2016 007200-1 GENERAL CONDITIONS Page 49 of 63 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnary Z 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. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others)will be paid by Contractor. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmay Z 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 or repose. 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7)days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmary 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 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February2,2016 007200-1 GENERAL CONDITIONS Page 53 of 63 B. Review of Applications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules, that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor, or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmary 2,2016 007200-1 GENERAL CONDITIONS Page 54 of 63 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the City. E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 55 of 63 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification of the City and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will resume. 14.06 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 56 of 63 14.07 Final Payment A. Application for Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied(except as previously delivered)by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any,to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmacy 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. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow 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 Z 2016 007200-1 GENERAL CONDITIONS Page 58 of 63 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following events by way of example, but not of limitation, may justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City's Business Diversity Enterprise Ordinance #20020-12-2011 established under Paragraph 6.06.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:F lacy Z 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.B, 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:Fehnimy 2,2016 00 72 00-1 GENERAL CONDITIONS Page 60 of 63 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnwy2,2016 007200-1 GENERAL CONDITIONS Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, Contractor shall be paid for(without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16—DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.13 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:Febnixy Z 2016 007200-1 GENERAL CONDITIONS Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17—MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febntary 2,2016 007200-1 GENERAL CONDITIONS Page 63 of 63 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:F xumy Z 2016 007300-1 SUPPLEMENTARY CONDITIONS Page 1 of 5 1 SECTION 00 73 00 2 SUPPLEMENTARY CONDITIONS 3 TO 4 GENERAL CONDITIONS 5 Supplementary Conditions 6 7 These Supplementary Conditions modify and supplement Section 00 72 00-General Conditions,and other 8 provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are 9 modified or supplemented remain in full force and effect as so modified or supplemented. All provisions 10 of the General Conditions which are not so modified or supplemented remain in full force and effect. 11 12 Defined Terms 13 14 The terms used in these Supplementary Conditions which are defined in the General Conditions have the 15 meaning assigned to them in the General Conditions,unless specifically noted herein. 16 17 Modifications and Supplements 18 19 The following are instructions that modify or supplement specific paragraphs in the General Conditions and 20 other Contract Documents. 21 22 SC-3.03B.2,"Resolving Discrepancies" 23 24 Plans govern over Specifications. 25 26 SC-4.01A 27 28 Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. 29 Upon receiving the final easements descriptions,Contractor shall compare them to the lines shown on the 30 Contract Drawings. 31 32 SC-4.01A.1.,"Availability of Lands" 33 34 The following is a list of known outstanding right-of-way,and/or easements to be acquired,if any as of 35 February 9,2016: 36 37 Outstanding Right-Of-Way,and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION NONE 38 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 39 and do not bind the City. 40 41 If Contractor considers the final easements provided to differ materially from the representations on the 42 Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, 43 notify City in writing associated with the differing easement line locations. 44 45 SC-4.01A.2,"Availability of Lands" 46 47 Utilities or obstructions to be removed,adjusted,and/or relocated CITY OF FORT WORTH E.41"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100605 007300-2 SUPPLEMENTARY CONDITIONS Page 2 of 5 1 2 The following is list of utilities and/or obstructions that have not been removed,adjusted,and/or relocated 3 as of February 9,2016 4 EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT NONE 5 The Contractor understands and agrees that the dates listed above are estimates only,are not guaranteed, 6 and do not bind the City. 7 8 SC-4.02A.,"Subsurface and Physical Conditions" 9 10 The following are reports of explorations and tests of subsurface conditions at the site of the Work: 11 12 A"None"Report No. ,dated ,prepared by"None",a sub-consultant of"None"a 13 consultant of the City,providing additional information on"None" 14 15 The following are drawings of physical conditions in or relating to existing surface and subsurface 16 structures(except Underground Facilities)which are at or contiguous to the site of the Work: 17 "None" 18 19 SC-4.06A.,"Hazardous Environmental Conditions at Site" 20 21 The following are reports and drawings of existing hazardous environmental conditions known to the City: 22 "None" 23 24 SC-5.03A.,"Certificates of Insurance" 25 26 The entities listed below are "additional insureds as their interest may appear"including their respective 27 officers,directors,agents and employees. 28 29 (1) City 30 (2) Consultant"None" 31 (3) Other: "None" 32 33 SC-5.04A.,"Contractor's Insurance" 34 35 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following 36 coverages for not less than the following amounts or greater where required by laws and regulations: 37 38 5.04A.Workers'Compensation,under Paragraph GC-5.04A. 39 40 Statutory limits 41 Employer's liability 42 $100,000 each accident/occurrence 43 $100,000 Disease-each employee 44 $500,000 Disease-policy limit 45 46 SC-5.04B.,"Contractor's Insurance" 47 CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100605 007300-3 SUPPLEMENTARY CONDITIONS Page 3 of 5 1 5.04B.Commercial General Liability,under Paragraph GC-5.04B.Contractor's Liability Insurance 2 under Paragraph GC-5.04B.,which shall be on a per project basis covering the Contractor with 3 minimum limits of- 4 5 $1,000,000 each occurrence 6 $2,000,000 aggregate limit 7 8 The policy must have an endorsement(Amendment—Aggregate Limits of Insurance)making the 9 General Aggregate Limits apply separately to each job site. 10 11 The Commercial General Liability Insurance policies shall provide"X","C",and"IP'coverage's. 12 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 13 14 SC 5.04C.,"Contractor's Insurance" 15 5.04C. Automobile Liability,under Paragraph GC-5.04C.Contractor's Liability Insurance under 16 Paragraph GC-5.04C.,which shall be in an amount not less than the following amounts: 17 18 (1) Automobile Liability-a commercial business policy shall provide coverage on"Any Auto", 19 defined as autos owned,hired and non-owned. 20 21 $1,000,000 each accident on a combined single limit basis.Split limits are acceptable if limits are at 22 least: 23 24 $250,000 Bodily Injury per person 1 25 $500,000 Bodily Injury per accident/ 26 $100,000 Property Damage 27 28 SC-5.04D.,"Contractor's Insurance" 29 30 The Contractor's construction activities will require its employees,agents,subcontractors,equipment,and 31 material deliveries to cross railroad properties and tracks "None" 32 33 The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, 34 hinder,or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains 35 or other property. Such operations on railroad properties may require that Contractor to execute a"Right of 36 Entry Agreement"with the particular railroad company or companies involved,and to this end the 37 Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute 38 the right-of-entry(if any)required by a railroad company.The requirements specified herein likewise relate 39 to the Contractor's use of private and/or construction access roads crossing said railroad company's 40 properties. 41 42 The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide 43 coverage for not less than the following amounts,issued by companies satisfactory to the City and to the 44 Railroad Company for a term that continues for so long as the Contractor's operations and work cross, 45 occupy,or touch railroad property: 46 47 (1) General Aggregate: N/A 48 49 (2) Each Occurrence: N/A 50 51 _Required for this Contract X Not required for this Contract 52 53 With respect to the above outlined insurance requirements,the following shall govern: 54 55 With respect to the above outlined insurance requirements,the following shall govern: CITY OF FORT WORTH E.4'H STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100605 007300-4 SUPPLEMENTARY CONDITIONS Page 4 of 5 1 2 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in 3 the name of the railroad company. However, if more than one grade separation or at-grade 4 crossing is affected by the Project at entirely separate locations on the line or lines of the same 5 railroad company,separate coverage may be required,each in the amount stated above. 6 7 2. Where more than one railroad company is operating on the same right-of-way or where several 8 railroad companies are involved and operated on their own separate rights-of-way, the Contractor 9 may be required to provide separate insurance policies in the name of each railroad company. 10 11 3. If,in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a 12 railroad company's right-of-way at a location entirely separate from the grade separation or at- 13 grade crossing, insurance coverage for this work must be included in the policy covering the grade 14 separation. 15 16 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- 17 way, all such other work may be covered in a single policy for that railroad,even though the work 18 may be at two or more separate locations. 19 20 No work or activities on a railroad company's property to be performed by the Contractor shall be 21 commenced until the Contractor has furnished the City with an original policy or policies of the insurance 22 for each railroad company named,as required above. All such insurance must be approved by the City and 23 each affected Railroad Company prior to the Contractor's beginning work. 24 25 The insurance specified above must be carried until all Work to be performed on the railroad right-of-way 26 has been completed and the grade crossing,if any,is no longer used by the Contractor. In addition, 27 insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. 28 Such insurance must name the railroad company as the insured,together with any tenant or lessee of the 29 railroad company operating over tracks involved in the Project. 30 31 SC-6.04.,"Project Schedule" 32 33 Project schedule shall be tier 1 for the project. 34 35 SC-6.07.,"Wage Rates" 36 37 The following is the prevailing wage rate table(s)applicable to this project and is provided in the 38 Appendixes: GC 6.07 39 40 SC-6.09.,"Permits and Utilities" 41 42 SC-6.09A.,"Contractor obtained permits and licenses" 43 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 44 "None" 45 SC-6.09B."City obtained permits and licenses" 46 The following are known permits and/or licenses required by the Contract to be acquired by the City: 47 "None" 48 49 SC-6.09C."Outstanding permits and licenses" 50 51 The following is a list of known outstanding permits and/or licenses to be acquired,if any as of February 9, 52 2016: 53 54 Outstanding Permits and/or Licenses to Be Acquired CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100605 007300-5 SUPPLEMENTARY CONDITIONS Page 5 of 5 OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION "None" 1 2 3 SC-7.02.,"Coordination" 4 5 The individuals or entities listed below have contracts with the City for the performance of other work at 6 the Site: 7 "None" Vendor Sco a of Work Coordination Authority None None None 8 9 10 SC-8.01,"Communications to Contractor" 11 12 None 13 14 SC-9.01.,"City's Project Manager" 15 16 The City's Project Manager for this Contract is Tariqul Islam or his successor pursuant to written 17 notification from the Director of Transportation and Public Works 18 19 SC-13.03C.,"Tests and Inspections" 20 21 "None" 22 23 SC-16.01C.1,"Methods and Procedures" 24 25 "None" 26 27 28 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 E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100605 011100-1 SUMMARY OF WORK Page 1 of 3 1 SECTION 011100 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. MOB 9 TOWN ION OBILIA"ITON S - „ WAL P � BE 10 MAI) I~OR MOBMLI�`' 11 LOCATION TO AN !'I Il 'NC RAS AL PRt GREC}I PERF 3T + I r THE 12 WORgBIGI ATI N FAY IT1W-SHALL BE PAID FOR SUSPENSION 13 OF WORD,SPECIFICALLY REQUIK T 4 THE CONTRACT DOCUMENTS 14 URA .RW, RED BX ;I TY 15 C. Related Specification Sections include,but are not necessarily limited to: 16 1. Division 0-Bidding Requirements,Contract Forms, and Conditions of the Contract 17 2. Division 1 -General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various items bid. 21 No separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Work Covered by Contract Documents 25 1. Work is to include furnishing all labor,materials, and equipment,and performing 26 all Work necessary for this construction project as detailed in the Drawings and 27 Specifications. 28 B. Subsidiary Work 29 1. Any and all Work specifically governed by documentary requirements for the 30 project, such as conditions imposed by the Drawings or Contract Documents in 31 which no specific item for bid has been provided for in the Proposal and the item is 32 not a typical unit bid item included on the standard bid item list,then the item shall 33 be considered as a subsidiary item of Work,the cost of which shall be included in 34 the price bid in the Proposal for various bid items. 35 2. MOBILIZATION AND DEMOBILIZATION SHALL NOT BE PAID DIRECTLY 36 BUT SHALL BE CONSIDERED SUBSIDIARY TO THE MAJOR ITEMS OF 37 WORK.NO PAYMENT WILL BE MADE FOR MOBILIZATION AND 38 DEMIBILIZATION FROM ONE LOCATION TO ANOTHER IN NORMAL 39 PROGRESS OF PERFORMING THE WORK. CITY OF FORT WORTH E.4m STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised December 20,2012 011100-2 SUMMARY OF WORK Page 2 of 3 1 C. Use of Premises 2 1. Coordinate uses of premises under direction of the City. 3 2. Assume full responsibility for protection and safekeeping of materials and 4 equipment stored on the Site. 5 3. Use and occupy only portions of the public streets and alleys,or other public places 6 or other rights-of-way as provided for in the ordinances of the City,as shown in the 7 Contract Documents, or as may be specifically authorized in writing by the City. 8 a. A reasonable amount of tools, materials,and equipment for construction 9 purposes may be stored in such space,but no more than is necessary to avoid 10 delay in the construction operations. 11 b. Excavated and waste materials shall be stored in such a way as not to interfere 12 with the use of spaces that may be designated to be left free and unobstructed 13 and so as not to inconvenience occupants of adjacent property. 14 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 15 manner as not to interfere with the operation of the railroad. 16 1) All Work shall be in accordance with railroad requirements set forth in 17 Division 0 as well as the railroad permit. 18 D. Work within Easements 19 1. Do not enter upon private property for any purpose without having previously 20 obtained permission from the owner of such property. 21 2. Do not store equipment or material on private property unless and until the 22 specified approval of the property owner has been secured in writing by the 23 Contractor and a copy furnished to the City. 24 3. Unless specifically provided otherwise,clear all rights-of-way or easements of 25 obstructions which must be removed to make possible proper prosecution of the 26 Work as a part of the project construction operations. 27 4. Preserve and use every precaution to prevent damage to,all trees, shrubbery,plants, 28 lawns,fences,culverts,curbing, and all other types of structures or improvements, 29 to all water,sewer, and gas lines,to all conduits, overhead pole lines, or 30 appurtenances thereof,including the construction of temporary fences and to all 31 other public or private property adjacent to the Work. 32 5. Notify the proper representatives of the owners or occupants of the public or private 33 lands of interest in lands which might be affected by the Work. 34 a. Such notice shall be made at least 48 hours in advance of the beginning of the 35 Work. 36 b. Notices shall be applicable to both public and private utility companies and any 37 corporation,company,individual, or other,either as owners or occupants, 38 whose land or interest in land might be affected by the Work. 39 c. Be responsible for all damage or injury to property of any character resulting 40 from any act,omission,neglect, or misconduct in the manner or method or 41 execution of the Work,or at any time due to defective work, material, or 42 equipment. 43 6. Fence 44 a. Restore all fences encountered and removed during construction of the Project 45 to the original or a better than original condition. CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised December 20,2012 011100-3 SUMMARY OF WORK Page 3 of 3 1 b. Erect temporary fencing in place of the fencing removed whenever the Work is 2 not in progress and when the site is vacated overnight, and/or at all times to 3 provide site security. 4 c. The cost for all fence work within easements,including removal,temporary 5 closures and replacement, shall be subsidiary to the various items bid in the 6 project proposal,unless a bid item is specifically provided in the proposal. 7 1.5 SUBMITTALS [NOT USED] 8 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 9 1.7 CLOSEOUT SUBMITTALS [NOT USED] 10 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 11 1.9 QUALITY ASSURANCE[NOT USED] 12 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 13 1.11 FIELD [SITE] CONDITIONS [NOT USED] 14 1.12 WARRANTY [NOT USED] 15 PART 2- PRODUCTS [NOT USED] 16 PART 3- EXECUTION [NOT USED] 17 END OF SECTION 18 Revision Log DATE NAME SUMMARY OF CHANGE 19 CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised December 20,2012 012500-1 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 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. Request for Substitution-General 26 1. Within 30 days after award of Contract(unless noted otherwise),the City will 27 consider formal requests from Contractor for substitution of products in place of 28 those specified. 29 2. Certain types of equipment and kinds of material are described in Specifications by 30 means of references to names of manufacturers and vendors,trade names,or 31 catalog numbers. 32 a. When this method of specifying is used,it is not intended to exclude from 33 consideration other products bearing other manufacturer's or vendor's names, 34 trade names,or catalog numbers,provided said products are "or-equals," as 35 determined by City. 36 3. Other types of equipment and kinds of material may be acceptable substitutions 37 under the following conditions: 38 a. Or-equals are unavailable due to strike,discontinued production of products 39 meeting specified requirements,or other factors beyond control of Contractor; 40 or, CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITAITON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 012500-2 SUBSTITUTION PROCEDURES Page 2 of 4 1 b. Contractor proposes a cost and/or time reduction incentive to the City. 2 1.5 SUBMITTALS 3 A. See Request for Substitution Form(attached) 4 B. Procedure for Requesting Substitution 5 1. Substitution shall be considered only: 6 a. After award of Contract 7 b. Under the conditions stated herein 8 2. Submit 3 copies of each written request for substitution, including: 9 a. Documentation 10 1) Complete data substantiating compliance of proposed substitution with 11 Contract Documents 12 2) Data relating to changes in construction schedule,when a reduction is 13 proposed 14 3) Data relating to changes in cost 15 b. For products 16 1) Product identification 17 a) Manufacturer's name 18 b) Telephone number and representative contact name 19 c) Specification Section or Drawing reference of originally specified 20 product, including discrete name or tag number assigned to original 21 product in the Contract Documents 22 2) Manufacturer's literature clearly marked to show compliance of proposed 23 product with Contract Documents 24 3) Itemized comparison of original and proposed product addressing product 25 characteristics including,but not necessarily limited to: 26 a) Size 27 b) Composition or materials of construction 28 c) Weight 29 d) Electrical or mechanical requirements 30 4) Product experience 31 a) Location of past projects utilizing product 32 b) Name and telephone number of persons associated with referenced 33 projects knowledgeable concerning proposed product 34 c) Available field data and reports associated with proposed product 35 5) Samples 36 a) Provide at request of City. 37 b) Samples become the property of the City. 38 c. For construction methods: 39 1) Detailed description of proposed method 40 2) Illustration drawings 41 C. Approval or Rejection 42 1. Written approval or rejection of substitution given by the City 43 2. City reserves the right to require proposed product to comply with color and pattern 44 of specified product if necessary to secure design intent. 45 3. In the event the substitution is approved,the resulting cost and/or time reduction 46 will be documented by Change Order in accordance with the General Conditions. CITY OF FORT WORTH E.4"'STREET BRIDGE REHABILITAITON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 012500-3 SUBSTITUTION PROCEDURES Page 3 of 4 1 4. No additional contract time will be given for substitution. 2 5. Substitution will be rejected if- 3 a. Submittal is not through the Contractor with his stamp of approval 4 b. Request is not made in accordance with this Specification Section 5 c. In the City's opinion,acceptance will require substantial revision of the original 6 design 7 d. In the City's opinion, substitution will not perform adequately the function 8 consistent with the design intent 9 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE 13 A. In making request for substitution or in using an approved product,the Contractor 14 represents that the Contractor: 15 1. Has investigated proposed product, and has determined that it is adequate or 16 superior in all respects to that specified,and that it will perform function for which 17 it is intended 18 2. Will provide same guarantee for substitute item as for product specified 19 3. Will coordinate installation of accepted substitution into Work,to include building 20 modifications if necessary,making such changes as may be required for Work to be 21 complete in all respects 22 4. Waives all claims for additional costs related to substitution which subsequently 23 arise 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[NOT USED] 28 PART 3- EXECUTION [NOT USED] 29 END OF SECTION 30 Revision Log DATE NAME SUMMARY OF CHANGE 31 CITY OF FORT WORTH E.4"'STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 012500-4 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 E.4�..STREET BRIDGE REHAB ILITAITON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 013119-1 PRECONSTRUCTION MEETING Page I of 3 1 SECTION 013119 2 PRECONSTRUCTION MEETING 3 PART 1 - 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 1 —General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Coordination 20 1. Attend preconstruction meeting. 21 2. Representatives of Contractor, subcontractors and suppliers attending meetings 22 shall be qualified and authorized to act on behalf of the entity each represents. 23 3. Meeting administered by City may be tape recorded. 24 a. If recorded,tapes will be used to prepare minutes and retained by City for 25 future reference. 26 B. Preconstruction Meeting 27 1. A preconstruction meeting will be held within 14 days after the execution of the 28 Agreement and before Work is started. 29 a. The meeting will be scheduled and administered by the City. 30 2. The Project Representative will preside at the meeting,prepare the notes of the 31 meeting and distribute copies of same to all participants who so request by fully 32 completing the attendance form to be circulated at the beginning of the meeting. 33 3. Attendance shall include: 34 a. Project Representative 35 b. Contractor's project manager 36 c. Contractor's superintendent 37 d. Any subcontractor or supplier representatives whom the Contractor may desire 38 to invite or the City may request CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised August 17,2012 013119-2 PRECONSTRUCTION MEETING Page 2 of 3 1 e. Other City representatives 2 f. Others as appropriate 3 4. Construction Schedule 4 a. Prepare baseline construction schedule in accordance with Section 0132 16 and 5 provide at Preconstruction Meeting. 6 b. City will notify Contractor of any schedule changes upon Notice of 7 Preconstruction Meeting. 8 5. Preliminary Agenda may include: 9 a. Introduction of Project Personnel 10 b. General Description of Project 11 c. Status of right-of-way,utility clearances,easements or other pertinent permits 12 d. Contractor's work plan and schedule 13 e. Contract Time 14 f. Notice to Proceed 15 g. Construction Staking 16 h. Progress Payments 17 i. Extra Work and Change Order Procedures 18 j. Field Orders 19 k. Disposal Site Letter for Waste Material 20 1. Insurance Renewals 21 m. Payroll Certification 22 n. Material Certifications and Quality Control Testing 23 o. Public Safety and Convenience 24 p. Documentation of Pre-Construction Conditions 25 q. Weekend Work Notification 26 r. Legal Holidays 27 s. Trench Safety Plans 28 t. Confined Space Entry Standards 29 u. Coordination with the City's representative for operations of existing water 30 systems 31 v. Storm Water Pollution Prevention Plan 32 w. Coordination with other Contractors 33 x. Early Warning System 34 y. Contractor Evaluation 35 z. Special Conditions applicable to the project 36 aa. Damages Claims 37 bb. Submittal Procedures 38 cc. Substitution Procedures 39 dd. Correspondence Routing 40 ee. Record Drawings 41 ff. Temporary construction facilities 42 gg. M/WBE or MBE/SBE procedures 43 hh. Final Acceptance 44 ii. Final Payment 45 J. Questions or Comments CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised August 17,2012 01 31 19-3 PRECONSTRUCTION MEETING Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY,STORAGE,AND HANDLING[NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised August 17,2012 013120-1 PROJECT MEETINGS Page 1 of 3 1 SECTION 013120 2 PROJECT MEETINGS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for project meetings throughout the construction period to enable orderly 7 review of the progress of the Work and to provide for systematic discussion of 8 potential problems 9 B. Deviations this City of Fort Worth Standard Specification 10 1. None. 11 C. Related Specification Sections include,but are not necessarily limited to: 12 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 13 2. Division 1 —General Requirements 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Coordination 21 1. Schedule, attend and administer as specified, periodic progress meetings, and 22 specially called meetings throughout progress of the Work. 23 2. Representatives of Contractor, subcontractors and suppliers attending meetings 24 shall be qualified and authorized to act on behalf of the entity each represents. 25 3. Meetings administered by City may be tape recorded. 26 a. If recorded,tapes will be used to prepare minutes and retained by City for 27 future reference. 28 4. Meetings, in addition to those specified in this Section,may be held when requested 29 by the City,Engineer or Contractor. 30 B. Pre-Construction Neighborhood Meeting 31 1. After the execution of the Agreement,but before construction is allowed to begin, 32 attend 1 Public Meeting with affected residents to: 33 a. Present projected schedule,including construction start date 34 b. Answer any construction related questions 35 2. Meeting Location 36 a. Location of meeting to be determined by the City. 37 3. Attendees 38 a. Contractor CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100605 Revised July 1,2011 013120-2 PROJECT MEETINGS Page 2 of 3 1 b. Project Representative 2 c. Other City representatives 3 4. Meeting Schedule 4 a. In general,the neighborhood meeting will occur within the 2 weeks following 5 the pre-construction conference. 6 b. In no case will construction be allowed to begin until this meeting is held. 7 C. Progress Meetings 8 1. Formal project coordination meetings will be held periodically. Meetings will be 9 scheduled and administered by Project Representative. 10 2. Additional progress meetings to discuss specific topics will be conducted on an as- 11 needed basis. Such additional meetings shall include,but not be limited to: 12 a. Coordinating shutdowns 13 b. Installation of piping and equipment 14 c. Coordination between other construction projects 15 d. Resolution of construction issues 16 e. Equipment approval 17 3. The Project Representative will preside at progress meetings,prepare the notes of 18 the meeting and distribute copies of the same to all participants who so request by 19 fully completing the attendance form to be circulated at the beginning of each 20 meeting. 21 4. Attendance shall include: 22 a. Contractor's project manager 23 b. Contractor's superintendent 24 c. Any subcontractor or supplier representatives whom the Contractor may desire 25 to invite or the City may request 26 d. Engineer's representatives 27 e. City's representatives 28 f. Others, as requested by the Project Representative 29 5. Preliminary Agenda may include: 30 a. Review of Work progress since previous meeting 31 b. Field observations,problems,conflicts 32 c. Items which impede construction schedule 33 d. Review of off-site fabrication,delivery schedules 34 e. Review of construction interfacing and sequencing requirements with other 35 construction contracts 36 f. Corrective measures and procedures to regain projected schedule 37 g. Revisions to construction schedule 38 h. Progress, schedule, during succeeding Work period 39 i. Coordination of schedules 40 j. Review submittal schedules 41 k. Maintenance of quality standards 42 1. Pending changes and substitutions 43 m. Review proposed changes for: 44 1) Effect on construction schedule and on completion date 45 2) Effect on other contracts of the Project 46 n. Review Record Documents 47 o. Review monthly pay request 48 p. Review status of Requests for Information CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 013120-3 PROJECT MEETINGS Page 3 of 3 1 6. Meeting Schedule 2 a. Progress meetings will be held periodically as determined by the Project 3 Representative. 4 1) Additional meetings may be held at the request of the: 5 a) City 6 b) Engineer 7 c) Contractor 8 7. Meeting Location 9 a. The City will establish a meeting location. 10 1) To the extent practicable, meetings will be held at the Site. 11 1.5 SUBMITTALS [NOT USED] 12 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 13 1.7 CLOSEOUT SUBMITTALS [NOT USED] 14 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 15 1.9 QUALITY ASSURANCE [NOT USED] 16 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 17 1.11 FIELD [SITE] CONDITIONS [NOT USED] 18 1.12 WARRANTY [NOT USED] 19 PART 2 - PRODUCTS [NOT USED] 20 PART 3 - EXECUTION [NOT USED] 21 END OF SECTION 22 Revision Log DATE NAME SUMMARY OF CHANGE 23 CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 013216-1 CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 1 SECTION 013216 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 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Definitions 21 1. Schedule Tiers 22 a. Tier 1 -No schedule submittal required by contract. Small,brief duration 23 projects 24 b. Tier 2 -No schedule submittal required by contract,but will require some 25 milestone dates. Small,brief duration projects 26 c. Tier 3-Schedule submittal required by contract as described in the 27 Specification and herein. Majority of City projects,including all bond program 28 projects 29 d. Tier 4-Schedule submittal required by contract as described in the 30 Specification and herein. Large and/or complex projects with long durations 31 1) Examples: large water pump station project and associated pipeline with 32 interconnection to another governmental entity 33 e. Tier 5-Schedule submittal required by contract as described in the 34 Specification and herein. Large and/or very complex projects with long 35 durations,high public visibility 36 1) Examples might include a water or wastewater treatment plant 37 2. Baseline Schedule-Initial schedule submitted before work begins that will serve 38 as the baseline for measuring progress and departures from the schedule. 39 3. Progress Schedule-Monthly submittal of a progress schedule documenting 40 progress on the project and any changes anticipated. CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITAITON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 100605 Revised July 1,2011 0132 16-2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 1 4. Schedule Narrative -Concise narrative of the schedule including schedule 2 changes, expected delays,key schedule issues, critical path items, etc 3 B. Reference Standards 4 1. City of Fort Worth Schedule Guidance Document 5 1.4 ADMINISTRATIVE REQUIREMENTS 6 A. Baseline Schedule 7 1. General 8 a. Prepare a cost-loaded baseline Schedule using approved software and the 9 Critical Path Method(CPM) as required in the City of Fort Worth Schedule 10 Guidance Document. 11 b. Review the draft cost-loaded baseline Schedule with the City to demonstrate 12 understanding of the work to be performed and known issues and constraints 13 related to the schedule. 14 c. Designate an authorized representative(Project Scheduler) responsible for 15 developing and updating the schedule and preparing reports. 16 B. Progress Schedule 17 1. Update the progress Schedule monthly as required in the City of Fort Worth 18 Schedule Guidance Document. 19 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 20 3. Change Orders 21 a. Incorporate approved change orders, resulting in a change of contract time, in 22 the baseline Schedule in accordance with City of Fort Worth Schedule 23 Guidance Document. 24 C. Responsibility for Schedule Compliance 25 1. Whenever it becomes apparent from the current progress Schedule and CPM Status 26 Report that delays to the critical path have resulted and the Contract completion 27 date will not be met, or when so directed by the City, make some or all of the 28 following actions at no additional cost to the City 29 a. Submit a Recovery Plan to the City for approval revised baseline Schedule 30 outlining: 31 1) A written statement of the steps intended to take to remove or arrest the 32 delay to the critical path in the approved schedule 33 2) Increase construction manpower in such quantities and crafts as will 34 substantially eliminate the backlog of work and return current Schedule to 35 meet projected baseline completion dates 36 3) Increase the number of working hours per shift, shifts per day, working 37 days per week,the amount of construction equipment, or any combination 38 of the foregoing, sufficiently to substantially eliminate the backlog of work 39 4) Reschedule activities to achieve maximum practical concurrency of 40 accomplishment of activities,and comply with the revised schedule 41 2. If no written statement of the steps intended to take is submitted when so requested 42 by the City,the City may direct the Contractor to increase the level of effort in 43 manpower(trades),equipment and work schedule(overtime, weekend and holiday 44 work,etc.)to be employed by the Contractor in order to remove or arrest the delay 45 to the critical path in the approved schedule. 46 a. No additional cost for such work will be considered. CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITAITON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 100605 Revised July 1,2011 013216-3 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 1 D. The Contract completion time will be adjusted only for causes specified in this 2 Contract. 3 a. Requests for an extension of any Contract completion date must be 4 supplemented with the following: 5 1) Furnish justification and supporting evidence as the City may deem 6 necessary to determine whether the requested extension of time is entitled 7 under the provisions of this Contract. 8 a) The City will,after receipt of such justification and supporting 9 evidence, make findings of fact and will advise the Contractor,in 10 writing thereof. 11 2) If the City finds that the requested extension of time is entitled,the City's 12 determination as to the total number of days allowed for the extensions 13 shall be based upon the approved total baseline schedule and on all data 14 relevant to the extension. 15 a) Such data shall be included in the next updating of the Progress 16 schedule. 17 b) Actual delays in activities which, according to the Baseline schedule, 18 do not affect any Contract completion date shown by the critical path in 19 the network will not be the basis for a change therein. 20 2. Submit each request for change in Contract completion date to the City within 30 21 days after the beginning of the delay for which a time extension is requested but 22 before the date of final payment under this Contract. 23 a. No time extension will be granted for requests which are not submitted within 24 the foregoing time limit. 25 b. From time to time,it may be necessary for the Contract schedule or completion 26 time to be adjusted by the City to reflect the effects of job conditions,weather, 27 technical difficulties, strikes,unavoidable delays on the part of the City or its 28 representatives,and other unforeseeable conditions which may indicate 29 schedule adjustments or completion time extensions. 30 1) Under such conditions,the City will direct the Contractor to reschedule the 31 work or Contract completion time to reflect the changed conditions and the 32 Contractor shall revise his schedule accordingly. 33 a) No additional compensation will be made to the Contractor for such 34 schedule changes except for unavoidable overall contract time 35 extensions beyond the actual completion of unaffected work,in which 36 case the Contractor shall take all possible action to minimize any time 37 extension and any additional cost to the City. 38 b) Available float time in the Baseline schedule may be used by the City 39 as well as by the Contractor. 40 3. Float or slack time is defined as the amount of time between the earliest start date 41 and the latest start date or between the earliest finish date and the latest finish date 42 of a chain of activities on the Baseline Schedule. 43 a. Float or slack time is not for the exclusive use or benefit of either the 44 Contractor or the City. 45 b. Proceed with work according to early start dates, and the City shall have the 46 right to reserve and apportion float time according to the needs of the project. CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITAITON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 100605 Revised July 1,2011 013216-4 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 1 c. Acknowledge and agree that actual delays, affecting paths of activities 2 containing float time, will not have any effect upon contract completion times, 3 providing that the actual delay does not exceed the float time associated with 4 those activities. 5 E. Coordinating Schedule with Other Contract Schedules 6 1. Where work is to be performed under this Contract concurrently with or contingent 7 upon work performed on the same facilities or area under other contracts,the 8 Baseline Schedule shall be coordinated with the schedules of the other contracts. 9 a. Obtain the schedules of the other appropriate contracts from the City for the 10 preparation and updating of Baseline schedule and make the required changes 11 in his schedule when indicated by changes in corresponding schedules. 12 2. In case of interference between the operations of different contractors,the City will 13 determine the work priority of each contractor and the sequence of work necessary 14 to expedite the completion of the entire Project. 15 a. In such cases,the decision of the City shall be accepted as final. 16 b. The temporary delay of any work due to such circumstances shall not be 17 considered as justification for claims for additional compensation. 18 1.5 SUBMITTALS 19 A. Baseline Schedule 20 1. Submit Schedule in native file format and pdf format as required in the City of Fort 21 Worth Schedule Guidance Document. 22 a. Native file format includes: 23 1) Primavera(P6 or Primavera Contractor) 24 2. Submit draft baseline Schedule to City prior to the pre-construction meeting and 25 bring in hard copy to the meeting for review and discussion. 26 B. Progress Schedule 27 1. Submit progress Schedule in native file format and pdf format as required in the 28 City of Fort Worth Schedule Guidance Document. 29 2. Submit progress Schedule monthly no later than the last day of the month. 30 C. Schedule Narrative 31 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth 32 Schedule Guidance Document. 33 2. Submit schedule narrative monthly no later than the last day of the month. 34 D. Submittal Process 35 1. The City administers and manages schedules through Buzzsaw. 36 2. Contractor shall submit documents as required in the City of Fort Worth Schedule 37 Guidance Document. 38 3. Once the project has been completed and Final Acceptance has been issued by the 39 City,no further progress schedules are required. CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITAITON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No I00605 Revised July 1,2011 013216-5 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 1 1.6 ACTION SUBMITTALSANFORMATIONAL 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 E.4T"STREET BRIDGE REHABILITAITON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 100605 Revised July 1,2011 013233-1 PRECONSTRUCTION VIDEO Page 1 of 2 1 SECTION 0132 33 2 PRECONSTRUCTION VIDEO 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative and procedural requirements for: 7 a. Preconstruction Videos 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include,but are not necessarily limited to: 11 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 —General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Preconstruction Video 20 1. Produce a preconstruction video of the site/alignment, including all areas in the 21 vicinity of and to be affected by construction. 22 a. Provide digital copy of video upon request by the City. 23 2. Retain a copy of the preconstruction video until the end of the maintenance surety 24 period. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION 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 DELIVERY,STORAGE,AND HANDLING [NOT USED] 31 1.11 FIELD [SITE] CONDITIONS [NOT USED] 32 1.12 WARRANTY [NOT USED] 33 PART 2- PRODUCTS [NOT USED] CITY OF FORT WORTH E.4"H STREET BRIDGE REHABILITAITON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100605 Revised July 1,2011 013233-2 PRECONSTRUCTION VIDEO Page 2 of 2 1 PART 3 - EXECUTION [NOT USED] 2 END OF SECTION 3 Revision Log DATE NAME SUMMARY OF CHANGE 4 CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITAITON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 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 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Coordination 24 1. Notify the City in writing, at the time of submittal, of any deviations in the 25 submittals from the requirements of the Contract Documents. 26 2. Coordination of Submittal Times 27 a. Prepare,prioritize and transmit each submittal sufficiently in advance of 28 performing the related Work or other applicable activities, or within the time 29 specified in the individual Work Sections, of the Specifications. 30 b. Contractor is responsible such that the installation will not be delayed by 31 processing times including,but not limited to: 32 a) Disapproval and resubmittal(if required) 33 b) Coordination with other submittals 34 c) Testing 35 d) Purchasing 36 e) Fabrication 37 f) Delivery 38 g) Similar sequenced activities 39 c. No extension of time will be authorized because of the Contractor's failure to 40 transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised December 20,2012 013300-2 SUBMITTALS Page 2 of 8 1 d. Make submittals promptly in accordance with approved schedule, and in such 2 sequence as to cause no delay in the Work or in the work of any other 3 contractor. 4 B. Submittal Numbering 5 1. When submitting shop drawings or samples,utilize a 9-character submittal cross- 6 reference identification numbering system in the following manner: 7 a. Use the first 6 digits of the applicable Specification Section Number. 8 b. For the next 2 digits number use numbers 01-99 to sequentially number each 9 initial separate item or drawing submitted under each specific Section number. 10 c. Last use a letter,A-Z,indicating the resubmission of the same drawing(i.e. 11 A=2nd submission,B=3rd submission,C=4th submission,etc.). A typical 12 submittal number would be as follows: 13 14 03 30 00-08-B 15 16 1) 03 30 00 is the Specification Section for Concrete 17 2) 08 is the eighth initial submittal under this Specification Section 18 3) B is the third submission(second resubmission) of that particular shop 19 drawing 20 C. Contractor Certification 21 1. Review shop drawings,product data and samples,including those by 22 subcontractors,prior to submission to determine and verify the following: 23 a. Field measurements 24 b. Field construction criteria 25 c. Catalog numbers and similar data 26 d. Conformance with the Contract Documents 27 2. Provide each shop drawing, sample and product data submitted by the Contractor 28 with a Certification Statement affixed including: 29 a. The Contractor's Company name 30 b. Signature of submittal reviewer 31 c. Certification Statement 32 1) "By this submittal,I hereby represent that I have determined and verified 33 field measurements, field construction criteria, materials,dimensions, 34 catalog numbers and similar data and I have checked and coordinated each 35 item with other applicable approved shop drawings." 36 D. Submittal Format 37 1. Fold shop drawings larger than 8 1h inches x 11 inches to 81/z inches x I Iinches. 38 2. Bind shop drawings and product data sheets together. 39 3. Order 40 a. Cover Sheet 41 1) Description of Packet 42 2) Contractor Certification 43 b. List of items/Table of Contents 44 c. Product Data/Shop Drawings/Samples/Calculations 45 E. Submittal Content 46 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised December 20,2012 013300-3 SUBMITTALS Page 3 of 8 1 2. The Project title and number 2 3. Contractor identification 3 4. The names of- 4 a. Contractor 5 b. Supplier 6 c. Manufacturer 7 5. Identification of the product, with the Specification Section number,page and 8 paragraph(s) 9 6. Field dimensions,clearly identified as such 10 7. Relation to adjacent or critical features of the Work or materials 11 8. Applicable standards, such as ASTM or Federal Specification numbers 12 9. Identification by highlighting of deviations from Contract Documents 13 10. Identification by highlighting of revisions on resubmittals 14 11. An 8-inch x 3-inch blank space for Contractor and City stamps 15 F. Shop Drawings 16 1. As specified in individual Work Sections includes,but is not necessarily limited to: 17 a. Custom-prepared data such as fabrication and erection/installation(working) 18 drawings 19 b. Scheduled information 20 c. Setting diagrams 21 d. Actual shopwork manufacturing instructions 22 e. Custom templates 23 f. Special wiring diagrams 24 g. Coordination drawings 25 h. Individual system or equipment inspection and test reports including: 26 1) Performance curves and certifications 27 i. As applicable to the Work 28 2. Details 29 a. Relation of the various parts to the main members and lines of the structure 30 b. Where correct fabrication of the Work depends upon field measurements 31 1) Provide such measurements and note on the drawings prior to submitting 32 for approval. 33 G. Product Data 34 1. For submittals of product data for products included on the City's Standard Product 35 List,clearly identify each item selected for use on the Project. 36 2. For submittals of product data for products not included on the City's Standard 37 Product List, submittal data may include,but is not necessarily limited to: 38 a. Standard prepared data for manufactured products(sometimes referred to as 39 catalog data) 40 1) Such as the manufacturer's product specification and installation 41 instructions 42 2) Availability of colors and patterns 43 3) Manufacturer's printed statements of compliances and applicability 44 4) Roughing-in diagrams and templates 45 5) Catalog cuts 46 6) Product photographs CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised December 20,2012 013300-4 SUBMITTALS Page 4 of 8 1 7) Standard wiring diagrams 2 8) Printed performance curves and operational-range diagrams 3 9) Production or quality control inspection and test reports and certifications 4 10) Mill reports 5 11) Product operating and maintenance instructions and recommended 6 spare-parts listing and printed product warranties 7 12) As applicable to the Work 8 H. Samples 9 1. As specified in individual Sections,include,but are not necessarily limited to: 10 a. Physical examples of the Work such as: 11 1) Sections of manufactured or fabricated Work 12 2) Small cuts or containers of materials 13 3) Complete units of repetitively used products color/texture/pattern swatches 14 and range sets 15 4) Specimens for coordination of visual effect 16 5) Graphic symbols and units of Work to be used by the City for independent 17 inspection and testing, as applicable to the Work 18 I. Do not start Work requiring a shop drawing, sample or product data nor any material to 19 be fabricated or installed prior to the approval or qualified approval of such item. 20 1. Fabrication performed, materials purchased or on-site construction accomplished 21 which does not conform to approved shop drawings and data is at the Contractor's 22 risk. 23 2. The City will not be liable for any expense or delay due to corrections or remedies 24 required to accomplish conformity. 25 3. Complete project Work,materials,fabrication,and installations in conformance 26 with approved shop drawings,applicable samples, and product data. 27 J. Submittal Distribution 28 1. Electronic Distribution 29 a. Confirm development of Project directory for electronic submittals to be 30 uploaded to City's Buzzsaw site,or another external FTP site approved by the 31 City. 32 b. Shop Drawings 33 1) Upload submittal to designated project directory and notify appropriate 34 City representatives via email of submittal posting. 35 2) Hard Copies 36 a) 3 copies for all submittals 37 b) If Contractor requires more than 1 hard copy of Shop Drawings 38 returned,Contractor shall submit more than the number of copies listed 39 above. 40 c. Product Data 41 1) Upload submittal to designated project directory and notify appropriate 42 City representatives via email of submittal posting. 43 2) Hard Copies 44 a) 3 copies for all submittals 45 d. Samples 46 1) Distributed to the Project Representative 47 2. Hard Copy Distribution(if required in lieu of electronic distribution) CITY OF FORT WORTH E.4`STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised December 20,2012 013300-5 SUBMITTALS Page 5 of 8 1 a. Shop Drawings 2 1) Distributed to the City 3 2) Copies 4 a) 8 copies for mechanical submittals 5 b) 7 copies for all other submittals 6 c) If Contractor requires more than 3 copies of Shop Drawings returned, 7 Contractor shall submit more than the number of copies listed above. 8 b. Product Data 9 1) Distributed to the City 10 2) Copies 11 a) 4 copies 12 c. Samples 13 1) Distributed to the Project Representative 14 2) Copies 15 a) Submit the number stated in the respective Specification Sections. 16 3. Distribute reproductions of approved shop drawings and copies of approved 17 product data and samples,where required,to the job site file and elsewhere as 18 directed by the City. 19 a. Provide number of copies as directed by the City but not exceeding the number 20 previously specified. 21 K. Submittal Review 22 1. The review of shop drawings,data and samples will be for general conformance 23 with the design concept and Contract Documents. This is not to be construed as: 24 a. Permitting any departure from the Contract requirements 25 b. Relieving the Contractor of responsibility for any errors,including details, 26 dimensions,and materials 27 c. Approving departures from details furnished by the City,except as otherwise 28 provided herein 29 2. The review and approval of shop drawings, samples or product data by the City 30 does not relieve the Contractor from his/her responsibility with regard to the 31 fulfillment of the terms of the Contract. 32 a. All risks of error and omission are assumed by the Contractor,and the City will 33 have no responsibility therefore. 34 3. The Contractor remains responsible for details and accuracy,for coordinating the 35 Work with all other associated work and trades,for selecting fabrication processes, 36 for techniques of assembly and for performing Work in a safe manner. 37 4. If the shop drawings,data or samples as submitted describe variations and show a 38 departure from the Contract requirements which City finds to be in the interest of 39 the City and to be so minor as not to involve a change in Contract Price or time for 40 performance,the City may return the reviewed drawings without noting an 41 exception. 42 5. Submittals will be returned to the Contractor under 1 of the following codes: 43 a. Code 1 44 1) "NO EXCEPTIONS TAKEN' is assigned when there are no notations or 45 comments on the submittal. 46 a) When returned under this code the Contractor may release the 47 equipment and/or material for manufacture. 48 b. Code 2 CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised December 20,2012 013300-6 SUBMITTALS Page 6 of 8 1 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of 2 the notations and comments IS NOT required by the Contractor. 3 a) The Contractor may release the equipment or material for manufacture; 4 however,all notations and comments must be incorporated into the 5 final product. 6 c. Code 3 7 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 8 assigned when notations and comments are extensive enough to require a 9 resubmittal of the package. 10 a) The Contractor may release the equipment or material for manufacture; 11 however, all notations and comments must be incorporated into the 12 final product. 13 b) This resubmittal is to address all comments,omissions and 14 non-conforming items that were noted. 15 c) Resubmittal is to be received by the City within 15 Calendar Days of 16 the date of the City's transmittal requiring the resubmittal. 17 d. Code 4 18 1) "NOT APPROVED" is assigned when the submittal does not meet the 19 intent of the Contract Documents. 20 a) The Contractor must resubmit the entire package revised to bring the 21 submittal into conformance. 22 b) It may be necessary to resubmit using a different manufacturer/vendor 23 to meet the Contract Documents. 24 6. Resubmittals 25 a. Handled in the same manner as first submittals 26 1) Corrections other than requested by the City 27 2) Marked with revision triangle or other similar method 28 a) At Contractor's risk if not marked 29 b. Submittals for each item will be reviewed no more than twice at the City's 30 expense. 31 1) All subsequent reviews will be performed at times convenient to the City 32 and at the Contractor's expense,based on the City's or City 33 Representative's then prevailing rates. 34 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 35 all such fees invoiced by the City. 36 c. The need for more than 1 resubmission or any other delay in obtaining City's 37 review of submittals, will not entitle the Contractor to an extension of Contract 38 Time. 39 7. Partial Submittals 40 a. City reserves the right to not review submittals deemed partial,at the City's 41 discretion. 42 b. Submittals deemed by the City to be not complete will be returned to the 43 Contractor,and will be considered "Not Approved" until resubmitted. 44 c. The City may at its option provide a list or mark the submittal directing the 45 Contractor to the areas that are incomplete. 46 8. If the Contractor considers any correction indicated on the shop drawings to 47 constitute a change to the Contract Documents,then written notice must be 48 provided thereof to the City at least 7 Calendar Days prior to release for 49 manufacture. CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised December 20,2012 013300-7 SUBMITTALS Page 7 of 8 1 9. When the shop drawings have been completed to the satisfaction of the City, the 2 Contractor may carry out the construction in accordance therewith and no further 3 changes therein except upon written instructions from the City. 4 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 5 following receipt of submittal by the City. 6 L. Mock ups 7 1. Mock Up units as specified in individual Sections, include,but are not necessarily 8 limited to,complete units of the standard of acceptance for that type of Work to be 9 used on the Project. Remove at the completion of the Work or when directed. 10 M. Qualifications 11 1. If specifically required in other Sections of these Specifications, submit a P.E. 12 Certification for each item required. 13 N. Request for Information(RFI) 14 1. Contractor Request for additional information 15 a. Clarification or interpretation of the contract documents 16 b. When the Contractor believes there is a conflict between Contract Documents 17 c. When the Contractor believes there is a conflict between the Drawings and 18 Specifications 19 1) Identify the conflict and request clarification 20 2. Use the Request for Information(RFI) form provided by the City. 21 3. Numbering of RFI 22 a. Prefix with "RFI" followed by series number, "-xxx",beginning with"01"and 23 increasing sequentially with each additional transmittal. 24 4. Sufficient information shall be attached to permit a written response without further 25 information. 26 5. The City will log each request and will review the request. 27 a. If review of the project information request indicates that a change to the 28 Contract Documents is required,the City will issue a Field Order or Change 29 Order,as appropriate. 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] 35 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 36 1.11 FIELD [SITE] CONDITIONS [NOT USED] 37 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised December 20,2012 013300-8 SUBMITTALS Page 8 of 8 1 PART 2- PRODUCTS [NOT USED] 2 PART 3- EXECUTION [NOT USED] 3 END OF SECTION 4 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D.Johnson 1.4.K.8.Working Days modified to Calendar Days 5 CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised December 20,2012 01 35 13-1 SPECIAL PROJECT PROCEDURES Page 1 of 8 1 SECTION 0135 13 2 SPECIAL PROJECT PROCEDURES 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedures for special project circumstances that includes,but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Air Pollution Watch Days 11 e. Use of Explosives,Drop Weight,Etc. 12 f. Water Department Notification 13 g. Public Notification Prior to Beginning Construction 14 h. Coordination with United States Army Corps of Engineers 15 i. Coordination within Railroad permits areas 16 j. Dust Control 17 k. Employee Parking 18 B. Deviations from this City of Fort Worth Standard Specification 19 1. None. 20 C. Related Specification Sections include,but are not necessarily limited to: 21 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 22 2. Division 1 —General Requirements 23 3. Section 33 12 25—Connection to Existing Water Mains 24 1.2 PRICE AND PAYMENT PROCEDURES 25 A. Measurement and Payment 26 1. Coordination within Railroad permit areas 27 a. Measurement 28 1) Measurement for this Item will be by lump sum. 29 b. Payment 30 1) The work performed and materials furnished in accordance with this Item 31 will be paid for at the lump sum price bid for Railroad Coordination. 32 c. The price bid shall include: 33 1) Mobilization 34 2) Inspection 35 3) Safety training 36 4) Additional Insurance 37 5) Insurance Certificates 38 6) Other requirements associated with general coordination with Railroad, 39 including additional employees required to protect the right-of-way and 40 property of the Railroad from damage arising out of and/or from the 41 construction of the Project. 42 2. Railroad Flagmen CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100605 Revised December 20,2012 013513-2 SPECIAL PROJECT PROCEDURES Page 2 of 8 1 a. Measurement 2 1) Measurement for this Item will be per working day. 3 b. Payment 4 1) The work performed and materials furnished in accordance with this Item 5 will be paid for each working day that Railroad Flagmen are present at the 6 Site. 7 c. The price bid shall include: 8 1) Coordination for scheduling flagmen 9 2) Flagmen 10 3) Other requirements associated with Railroad 11 3. All other items 12 a. Work associated with these Items is considered subsidiary to the various Items 13 bid. No separate payment will be allowed for this Item. 14 1.3 REFERENCES 15 A. Reference Standards 16 1. Reference standards cited in this Specification refer to the current reference 17 standard published at the time of the latest revision date logged at the end of this 18 Specification,unless a date is specifically cited. 19 2. Health and Safety Code,Title 9. Safety,Subtitle A.Public Safety,Chapter 752. 20 High Voltage Overhead Lines. 21 3. North Central Texas Council of Governments(NCTCOG)—Clean Construction 22 Specification 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Coordination with the Texas Department of Transportation 25 1. When work in the right-of-way which is under the jurisdiction of the Texas 26 Department of Transportation(TxDOT): 27 a. Notify the Texas Department of Transportation prior to commencing any work 28 therein in accordance with the provisions of the permit 29 b. All work performed in the TxDOT right-of-way shall be performed in 30 compliance with and subject to approval from the Texas Department of 31 Transportation 32 B. Work near High Voltage Lines 33 1. Regulatory Requirements 34 a. All Work near High Voltage Lines(more than 600 volts measured between 35 conductors or between a conductor and the ground) shall be in accordance with 36 Health and Safety Code,Title 9,Subtitle A,Chapter 752. 37 2. Warning sign 38 a. Provide sign of sufficient size meeting all OSHA requirements. 39 3. Equipment operating within 10 feet of high voltage lines will require the following 40 safety features 41 a. Insulating cage-type of guard about the boom or arm 42 b. Insulator links on the lift hook connections for back hoes or dippers 43 c. Equipment must meet the safety requirements as set forth by OSHA and the 44 safety requirements of the owner of the high voltage lines 45 4. Work within 6 feet of high voltage electric lines CITY OF FORT WORTH E.4111 STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised December 20,2012 013513-3 SPECIAL PROJECT PROCEDURES Page 3 of 8 1 a. Notification shall be given to: 2 1) The power company(example: ONCOR) 3 a) Maintain an accurate log of all such calls to power company and record 4 action taken in each case. 5 b. Coordination with power company 6 1) After notification coordinate with the power company to: 7 a) Erect temporary mechanical barriers,de-energize the lines, or raise or 8 lower the lines 9 c. No personnel may work within 6 feet of a high voltage line before the above 10 requirements have been met. 11 C. Confined Space Entry Program 12 1. Provide and follow approved Confined Space Entry Program in accordance with 13 OSHA requirements. 14 2. Confined Spaces include: 15 a. Manholes 16 b. All other confined spaces in accordance with OSHA's Permit Required for 17 Confined Spaces 18 D. Air Pollution Watch Days 19 1. General 20 a. Observe the following guidelines relating to working on City construction sites 21 on days designated as "AIR POLLUTION WATCH DAYS". 22 b. Typical Ozone Season 23 1) May 1 through October 31. 24 c. Critical Emission Time 25 1) 6:00 a.m. to 10:00 a.m. 26 2. Watch Days 27 a. The Texas Commission on Environmental Quality (TCEQ),in coordination 28 with the National Weather Service, will issue the Air Pollution Watch by 3:00 29 p.m. on the afternoon prior to the WATCH day. 30 b. Requirements 31 1) Begin work after 10:00 a.m. whenever construction phasing requires the 32 use of motorized equipment for periods in excess of 1 hour. 33 2) However,the Contractor may begin work prior to 10:00 a.m. if: 34 a) Use of motorized equipment is less than 1 hour, or 35 b) If equipment is new and certified by EPA as "Low Emitting",or 36 equipment burns Ultra Low Sulfur Diesel(ULSD),diesel emulsions,or 37 alternative fuels such as CNG. 38 E. TCEQ Air Permit 39 1. Obtain TCEQ Air Permit for construction activities per requirements of TCEQ. 40 F. Use of Explosives, Drop Weight,Etc. 41 1. When Contract Documents permit on the project the following will apply: 42 a. Public Notification 43 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 44 prior to commencing. 45 2) Minimum 24 hour public notification in accordance with Section 0131 13 46 G. Water Department Coordination CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised December 20,2012 0135 13-4 SPECIAL PROJECT PROCEDURES Page 4 of 8 1 1. During the construction of this project, it will be necessary to deactivate,for a 2 period of time, existing lines. The Contractor shall be required to coordinate with 3 the Water Department to determine the best times for deactivating and activating 4 those lines. 5 2. Coordinate any event that will require connecting to or the operation of an existing 6 City water line system with the City's representative. 7 a. Coordination shall be in accordance with Section 33 12 25. 8 b. If needed, obtain a hydrant water meter from the Water Department for use 9 during the life of named project. 10 c. In the event that a water valve on an existing live system be turned off and on 11 to accommodate the construction of the project is required,coordinate this 12 activity through the appropriate City representative. 13 1) Do not operate water line valves of existing water system. 14 a) Failure to comply will render the Contractor in violation of Texas Penal 15 Code Title 7, Chapter 28.03(Criminal Mischief) and the Contractor 16 will be prosecuted to the full extent of the law. 17 b) In addition,the Contractor will assume all liabilities and 18 responsibilities as a result of these actions. 19 H. Public Notification Prior to Beginning Construction 20 1. Prior to beginning construction on any block in the project, on a block by block 21 basis,prepare and deliver a notice or flyer of the pending construction to the front 22 door of each residence or business that will be impacted by construction. The notice 23 shall be prepared as follows: 24 a. Post notice or flyer 7 days prior to beginning any construction activity on each 25 block in the project area. 26 1) Prepare flyer on the Contractor's letterhead and include the following 27 information: 28 a) Name of Project 29 b) City Project No(CPN) 30 c) Scope of Project(i.e. type of construction activity) 31 d) Actual construction duration within the block 32 e) Name of the contractor's foreman and phone number 33 f) Name of the City's inspector and phone number 34 g) City's after-hours phone number 35 2) A sample of the `pre-construction notification' flyer is attached as Exhibit 36 A. 37 3) Submit schedule showing the construction start and finish time for each 38 block of the project to the inspector. 39 4) Deliver flyer to the City Inspector for review prior to distribution. 40 b. No construction will be allowed to begin on any block until the flyer is 41 delivered to all residents of the block. 42 I. Public Notification of Temporary Water Service Interruption during Construction 43 1. In the event it becomes necessary to temporarily shut down water service to 44 residents or businesses during construction,prepare and deliver a notice or flyer of 45 the pending interruption to the front door of each affected resident. 46 2. Prepared notice as follows: 47 a. The notification or flyer shall be posted 24 hours prior to the temporary 48 interruption. CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised December 20,2012 0135 13-5 SPECIAL PROJECT PROCEDURES Page 5 of 8 1 b. Prepare flyer on the contractor's letterhead and include the following 2 information: 3 1) Name of the project 4 2) City Project Number 5 3) Date of the interruption of service 6 4) Period the interruption will take place 7 5) Name of the contractor's foreman and phone number 8 6) Name of the City's inspector and phone number 9 c. A sample of the temporary water service interruption notification is attached as 10 Exhibit B. 11 d. Deliver a copy of the temporary interruption notification to the City inspector 12 for review prior to being distributed. 13 e. No interruption of water service can occur until the flyer has been delivered to 14 all affected residents and businesses. 15 f. Electronic versions of the sample flyers can be obtained from the Project 16 Construction Inspector. 17 J. Coordination with United States Army Corps of Engineers (USACE) 18 1. At locations in the Project where construction activities occur in areas where 19 USACE permits are required, meet all requirements set forth in each designated 20 permit. 21 K. Coordination within Railroad Permit Areas 22 1. At locations in the project where construction activities occur in areas where 23 railroad permits are required, meet all requirements set forth in each designated 24 railroad permit. This includes,but is not limited to,provisions for: 25 a. Flagmen 26 b. Inspectors 27 c. Safety training 28 d. Additional insurance 29 e. Insurance certificates 30 f. Other employees required to protect the right-of-way and property of the 31 Railroad Company from damage arising out of and/or from the construction of 32 the project. Proper utility clearance procedures shall be used in accordance 33 with the permit guidelines. 34 2. Obtain any supplemental information needed to comply with the railroad's 35 requirements. 36 3. Railroad Flagmen 37 a. Submit receipts to City for verification of working days that railroad flagmen 38 were present on Site. 39 L. Dust Control 40 1. Use acceptable measures to control dust at the Site. 41 a. If water is used to control dust,capture and properly dispose of waste water. 42 b. If wet saw cutting is performed, capture and properly dispose of slurry. 43 M. Employee Parking 44 1. Provide parking for employees at locations approved by the City. CITY OF FORT WORTH E.4`STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. I00605 Revised December 20,2012 013513-6 SPECIAL PROJECT PROCEDURES Page 6 of 8 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 Revision Log DATE NAME SUMMARY OF CHANGE 1.4.B—Added requirement of compliance with Health and Safety Code,Title 9. 8/31/2012 D.Johnson Safety,Subtitle A.Public Safety,Chapter 752.High Voltage Overhead Lines. 1.4.E—Added Contractor responsibility for obtaining a TCEQ Air Permit 13 CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised December 20,2012 013513-7 SPECIAL PROJECT PROCEDURES Page 7 of 8 1 EXHIBIT A 2 (To be printed on Contractor's Letterhead) 3 4 5 6 Date: 7 8 CPN No.: 9 Project Name: 10 Mapsco Location: 11 Limits of Construction: 12 13 14 15 16 17 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 18 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 19 PROPERTY. 20 21 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 22 OF THIS NOTICE. 23 24 IF YOU HAVE (QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 25 ISSUE, PLEASE CALL: 26 27 28 Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> 29 30 OR 31 32 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 33 34 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 35 36 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 37 CITY OF FORT WORTH E.4'"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised December 20,2012 013513-8 SPECIAL PROJECT PROCEDURES Page 8 of 8 1 EXHIBIT B 2 FORT WORTH De.: DOE NO.XX= n b e«n.n: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT-OUT,PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, .CONTRACTOR 4 CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised December 20,2012 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 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 a. Contractor is responsible for performing, coordinating, and payment of all 17 Quality Control testing. 18 b. City is responsible for performing and payment for first set of Quality 19 Assurance testing. 20 1) If the first Quality Assurance test performed by the City fails,the 21 Contractor is responsible for payment of subsequent Quality Assurance 22 testing until a passing test occurs. 23 a) Final acceptance will not be issued by City until all required payments 24 for testing by Contractor have been paid in full. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Testing 28 1. Complete testing in accordance with the Contract Documents. 29 2. Coordination 30 a. When testing is required to be performed by the City,notify City, sufficiently 31 in advance, when testing is needed. 32 b. When testing is required to be completed by the Contractor,notify City, 33 sufficiently in advance,that testing will be performed. 34 3. Distribution of Testing Reports 35 a. Electronic Distribution 36 1) Confirm development of Project directory for electronic submittals to be 37 uploaded to City's Buzzsaw site,or another external FTP site approved by 38 the City. CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100605 Revised July 1,20I1 014523-2 TESTING AND INSPECTION SERVICES Page 2 of 2 1 2) Upload test reports to designated project directory and notify appropriate 2 City representatives via email of submittal posting. 3 3) Hard Copies 4 a) 1 copy for all submittals submitted to the Project Representative 5 b. Hard Copy Distribution(if required in lieu of electronic distribution) 6 1) Tests performed by City 7 a) Distribute 1 hard copy to the Contractor 8 2) Tests performed by the Contractor 9 a) Distribute 3 hard copies to City's Project Representative 10 4. Provide City's Project Representative with trip tickets for each delivered load of 11 Concrete or Lime material including the following information: 12 a. Name of pit 13 b. Date of delivery 14 c. Material delivered 15 B. Inspection 16 1. Inspection or lack of inspection does not relieve the Contractor from obligation to 17 perform work in accordance with the Contract Documents. 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE[NOT USED] 23 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2- PRODUCTS [NOT USED] 27 PART 3 - EXECUTION [NOT USED] 28 END OF SECTION 29 Revision Log DATE NAME SUMMARY OF CHANGE 30 CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 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 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various Items bid. 21 No separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Temporary Utilities 25 1. Obtaining Temporary Service 26 a. Make arrangements with utility service companies for temporary services. 27 b. Abide by rules and regulations of utility service companies or authorities 28 having jurisdiction. 29 c. Be responsible for utility service costs until Work is approved for Final 30 Acceptance. 31 1) Included are fuel,power,light,heat and other utility services necessary for 32 execution,completion,testing and initial operation of Work. 33 2. Water 34 a. Contractor to provide water required for and in connection with Work to be 35 performed and for specified tests of piping,equipment,devices or other use as 36 required for the completion of the Work. 37 b. Provide and maintain adequate supply of potable water for domestic 38 consumption by Contractor personnel and City's Project Representatives. 39 c. Coordination 40 1) Contact City 1 week before water for construction is desired CITY OF FORT WORTH E.4TH STREET BRIDGE REHAB I ITATTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 015000-2 TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 1 d. Contractor Payment for Construction Water 2 1) Obtain construction water meter from City for payment as billed by City's 3 established rates. 4 3. Electricity and Lighting 5 a. Provide and pay for electric powered service as required for Work,including 6 testing of Work. 7 1) Provide power for lighting,operation of equipment, or other use. 8 b. Electric power service includes temporary power service or generator to 9 maintain operations during scheduled shutdown. 10 4. Telephone 11 a. Provide emergency telephone service at Site for use by Contractor personnel 12 and others performing work or furnishing services at Site. 13 5. Temporary Heat and Ventilation 14 a. Provide temporary heat as necessary for protection or completion of Work. 15 b. Provide temporary heat and ventilation to assure safe working conditions. 16 B. Sanitary Facilities 17 1. Provide and maintain sanitary facilities for persons on Site. 18 a. Comply with regulations of State and local departments of health. 19 2. Enforce use of sanitary facilities by construction personnel at job site. 20 a. Enclose and anchor sanitary facilities. 21 b. No discharge will be allowed from these facilities. 22 c. Collect and store sewage and waste so as not to cause nuisance or health 23 problem. 24 d. Haul sewage and waste off-site at no less than weekly intervals and properly 25 dispose in accordance with applicable regulation. 26 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 27 4. Remove facilities at completion of Project 28 C. Storage Sheds and Buildings 29 1. Provide adequately ventilated,watertight,weatherproof storage facilities with floor 30 above ground level for materials and equipment susceptible to weather damage. 31 2. Storage of materials not susceptible to weather damage may be on blocks off 32 ground. 33 3. Store materials in a neat and orderly manner. 34 a. Place materials and equipment to permit easy access for identification, 35 inspection and inventory. 36 4. Equip building with lockable doors and lighting,and provide electrical service for 37 equipment space heaters and heating or ventilation as necessary to provide storage 38 environments acceptable to specified manufacturers. 39 5. Fill and grade site for temporary structures to provide drainage away from 40 temporary and existing buildings. 41 6. Remove building from site prior to Final Acceptance. 42 D. Temporary Fencing 43 1. Provide and maintain for the duration or construction when required in contract 44 documents 45 E. Dust Control CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITAITON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised JuIy 1,2011 015000-3 TEMPORARY FACII.rrIES AND CONTROLS Page 3 of 4 1 1. Contractor is responsible for maintaining dust control through the duration of the 2 project. 3 a. Contractor remains on-call at all times 4 b. Must respond in a timely manner 5 F. Temporary Protection of Construction 6 1. Contractor or subcontractors are responsible for protecting Work from damage due 7 to weather. 8 1.5 SUBMITTALS [NOT USED] 9 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE [NOT USED] 13 1.10 DELIVERY,STORAGE,AND HANDLING[NOT USED] 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2- PRODUCTS [NOT USED] 17 PART 3- EXECUTION [NOT USED] 18 3.1 INSTALLERS [NOT USED] 19 3.2 EXAMINATION [NOT USED] 20 3.3 PREPARATION [NOT USED] 21 3.4 INSTALLATION 22 A. Temporary Facilities 23 1. Maintain all temporary facilities for duration of construction activities as needed. 24 3.5 [REPAIR]/[RESTORATION] 25 3.6 RE-INSTALLATION 26 3.7 FIELD[OR] SITE QUALITY CONTROL[NOT USED] 27 3.8 SYSTEM STARTUP [NOT USED] 28 3.9 ADJUSTING[NOT USED] 29 3.10 CLEANING [NOT USED] 30 3.11 CLOSEOUT ACTIVITIES 31 A. Temporary Facilities CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITAITON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised JuIy 1,2011 015000-4 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1 1. Remove all temporary facilities and restore area after completion of the Work,to a 2 condition equal to or better than prior to start of Work. 3 3.12 PROTECTION [NOT USED] 4 3.13 MAINTENANCE [NOT USED] 5 3.14 ATTACHMENTS [NOT USED] 6 END OF SECTION 7 Revision Log DATE NAME SUMMARY OF CHANGE 8 CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITAITON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 01 55 26-1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 1 SECTION 0155 26 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative procedures for: 7 a. Street Use Permit 8 b. Modification of approved traffic control 9 c. Removal of Street Signs 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include,but are not necessarily limited to: 13 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 —General Requirements 15 3. Section 34 71 13—Traffic Control 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES 21 A. Reference Standards 22 1. Reference standards cited in this specification refer to the current reference standard 23 published at the time of the latest revision date logged at the end of this 24 specification,unless a date is specifically cited. 25 2. Texas Manual on Uniform Traffic Control Devices(TMUTCD). 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Traffic Control 28 1. General 29 a. When traffic control plans are included in the Drawings, provide Traffic 30 Control in accordance with Drawings and Section 34 71 13. 31 b. When traffic control plans are not included in the Drawings,prepare traffic 32 control plans in accordance with Section 34 71 13 and submit to City for 33 review. 34 1) Allow minimum 10 working days for review of proposed Traffic Control. 35 B. Street Use Permit 36 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 37 a. To obtain Street Use Permit, submit Traffic Control Plans to City 38 Transportation and Public Works Department. CITY OF FORT WORTH E.4T'STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.I00605 Revised July 1,2011 015526-2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1 1) Allow a minimum of 5 working days for permit review. 2 2) Contractor's responsibility to coordinate review of Traffic Control plans for 3 Street Use Permit, such that construction is not delayed. 4 C. Modification to Approved Traffic Control 5 1. Prior to installation traffic control: 6 a. Submit revised traffic control plans to City Department Transportation and 7 Public Works Department. 8 1) Revise Traffic Control plans in accordance with Section 34 71 13. 9 2) Allow minimum 5 working days for review of revised Traffic Control. 10 3) It is the Contractor's responsibility to coordinate review of Traffic Control 11 plans for Street Use Permit,such that construction is not delayed. 12 D. Removal of Street Sign 13 1. If it is determined that a street sign must be removed for construction, then contact 14 City Transportation and Public Works Department,Signs and Markings Division to 15 remove the sign. 16 E. Temporary Signage 17 1. In the case of regulatory signs,replace permanent sign with temporary sign meeting 18 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 19 Devices(MUTCD). 20 2. Install temporary sign before the removal of permanent sign. 21 3. When construction is complete,to the extent that the permanent sign can be 22 reinstalled,contact the City Transportation and Public Works Department, Signs 23 and Markings Division,to reinstall the permanent sign. 24 F. Traffic Control Standards 25 1. Traffic Control Standards can be found on the City's Buzzsaw website. 26 1.5 SUBMITTALS [NOT USED] 27 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 30 1.9 QUALITY ASSURANCE [NOT USED] 31 1.10 DELIVERY,STORAGE,AND HANDLING[NOT USED] 32 1.11 FIELD [SITE] CONDITIONS [NOT USED] 33 1.12 WARRANTY [NOT USED] 34 PART 2- PRODUCTS [NOT USED] 35 PART 3- EXECUTION [NOT USED] 36 END OF SECTION CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 015526-3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 1 Revision Log DATE NAME SUMMARY OF CHANGE 2 CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July I,2011 0157 13-1 STORM WATER POLLUTION PREVENTION Page I of 3 1 SECTION 0157 13 2 STORM WATER POLLUTION PREVENTION 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Procedures for Storm Water Pollution Prevention Plans 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0— Bidding Requirements,Contract Forms and Conditions of the 11 Contract 12 2. Division 1 —General Requirements 13 3. Section 3125 00—Erosion and Sediment Control 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Construction Activities resulting in less than 1 acre of disturbance 17 a. Work associated with this Item is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 2. Construction Activities resulting in greater than 1 acre of disturbance 20 a. Measurement and Payment shall be in accordance with Section 3125 00. 21 1.3 REFERENCES 22 A. Abbreviations and Acronyms 23 1. Notice of Intent: N01 24 2. Notice of Termination: NOT 25 3. Storm Water Pollution Prevention Plan: SWPPP 26 4. Texas Commission on Environmental Quality: TCEQ 27 5. Notice of Change: NOC 28 A. Reference Standards 29 1. Reference standards cited in this Specification refer to the current reference 30 standard published at the time of the latest revision date logged at the end of this 31 Specification, unless a date is specifically cited. 32 2. Integrated Storm Management(iSWM)Technical Manual for Construction 33 Controls 34 1.4 ADMINISTRATIVE REQUIREMENTS 35 A. General 36 1. Contractor is responsible for resolution and payment of any fines issued associated 37 with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH E.4�..STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 015713-2 STORM WATER POLLUTION PREVENTION Page 2 of 3 1 B. Construction Activities resulting in: 2 1. Less than 1 acre of disturbance 3 a. Provide erosion and sediment control in accordance with Section 3125 00 and 4 Drawings. 5 2. 1 to less than 5 acres of disturbance 6 a. Texas Pollutant Discharge Elimination System(TPDES)General Construction 7 Permit is required 8 b. Complete SWPPP in accordance with TCEQ requirements 9 1) TCEQ Small Construction Site Notice Required under general permit 10 TXR150000 11 a) Sign and post at job site 12 b) Prior to Preconstruction Meeting, send 1 copy to City Department of 13 Transportation and Public Works,Environmental Division,(817) 392- 14 6088. 15 2) Provide erosion and sediment control in accordance with: 16 a) Section 3125 00 17 b) The Drawings 18 c) TXR150000 General Permit 19 d) SWPPP 20 e) TCEQ requirements 21 3. 5 acres or more of Disturbance 22 a. Texas Pollutant Discharge Elimination System(TPDES)General Construction 23 Permit is required 24 b. Complete SWPPP in accordance with TCEQ requirements 25 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee 26 a) Sign and post at job site 27 b) Send copy to City Department of Transportation and Public Works, 28 Environmental Division,(817) 392-6088. 29 2) TCEQ Notice of Change required if making changes or updates to NOI 30 3) Provide erosion and sediment control in accordance with: 31 a) Section 3125 00 32 b) The Drawings 33 c) TXR150000 General Permit 34 d) SWPPP 35 e) TCEQ requirements 36 4) Once the project has been completed and all the closeout requirements of 37 TCEQ have been met a TCEQ Notice of Termination can be submitted. 38 a) Send copy to City Department of Transportation and Public Works, 39 Environmental Division,(817) 392-6088. 40 1.5 SUBMITTALS 41 A. SWPPP 42 1. Submit in accordance with Section 0133 00,except as stated herein. 43 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 44 as follows: 45 1) 1 copy to the City Project Manager 46 a) City Project Manager will forward to the City Department of 47 Transportation and Public Works,Environmental Division for review CITY OF FORT WORTH E.4m STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 015713-3 STORM WATER POLLUTION PREVENTION Page 3 of 3 1 B. Modified SWPPP 2 1. If the SWPPP is revised during construction,resubmit modified SWPPP to the City 3 in accordance with Section 0133 00. 4 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE[NOT USED] 8 1.10 DELIVERY,STORAGE,AND HANDLING[NOT USED] 9 1.11 FIELD[SITE] CONDITIONS [NOT USED] 10 1.12 WARRANTY [NOT USED] 11 PART 2- PRODUCTS [NOT USED] 12 PART 3 - EXECUTION [NOT USED] 13 END OF SECTION 14 Revision Log DATE NAME SUMMARY OF CHANGE 15 CITY OF FORT WORTH E.41"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 015813-1 TEMPORARY PROJECT SIGNAGE Page 1 of 3 1 SECTION 015813 2 TEMPORARY PROJECT SIGNAGE 3 PART 1 - 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 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE[NOT USED] 23 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2- PRODUCTS 27 2.1 OWNER-FURNISHED[OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 28 2.2 EQUIPMENT,PRODUCT TYPES,AND MATERIALS 29 A. Design Criteria 30 1. Provide free standing Project Designation Sign in accordance with City's Standard 31 Details for project signs. CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 015813-2 TEMPORARY PROJECT SIGNAGE Page 2 of 3 1 B. Materials 2 1. Sign 3 a. Constructed of 3/4-inch fir plywood,grade A-C (exterior)or better 4 2.3 ACCESSORIES [NOT USED] 5 2.4 SOURCE QUALITY CONTROL[NOT USED] 6 PART 3- EXECUTION 7 3.1 INSTALLERS [NOT USED] 8 3.2 EXAMINATION [NOT USED] 9 3.3 PREPARATION [NOT USED] 10 3.4 INSTALLATION 11 A. General 12 1. Provide vertical installation at extents of project. 13 2. Relocate sign as needed,upon request of the City. 14 B. Mounting options 15 a. Skids 16 b. Posts 17 c. Barricade 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 3.12 PROTECTION [NOT USED] 26 3.13 MAINTENANCE 27 A. General 28 1. Maintenance will include painting and repairs as needed or directed by the City. 29 3.14 ATTACHMENTS [NOT USED] 30 END OF SECTION 31 CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 015813-3 TEMPORARY PROJECT SIGNAGE Page 3 of 3 1 Revision Log DATE NAME SUMMARY OF CHANGE 2 CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100605 Revised July 1,2011 016000-1 PRODUCT REQUIREMENTS Page 1 of 2 1 SECTION 0160 00 2 PRODUCT REQUIREMENTS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. References for Product Requirements and City Standard Products List 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 11 2. Division 1—General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 13 1.3 REFERENCES [NOT USED] 14 1.4 ADMINISTRATIVE REQUIREMENTS 15 A. A list of City approved products for use is located on Buzzsaw as follows: 16 1. Resources\02-Construction Documents\Standard Products List 17 B. Only products specifically included on City's Standard Product List in these Contract 18 Documents shall be allowed for use on the Project. 19 1. Any subsequently approved products will only be allowed for use upon specific 20 approval by the City. 21 C. Any specific product requirements in the Contract Documents supersede similar 22 products included on the City's Standard Product List. 23 1. The City reserves the right to not allow products to be used for certain projects even 24 though the product is listed on the City's Standard Product List. 25 D. Although a specific product is included on City's Standard Product List,not all 26 products from that manufacturer are approved for use,including but not limited to,that 27 manufacturer's standard product. 28 E. See Section 0133 00 for submittal requirements of Product Data included on City's 29 Standard Product List. 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS[NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised December 20,2012 016000-2 PRODUCT REQUIREMENTS Page 2 of 2 1 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2- PRODUCTS[NOT USED] 5 PART 3- EXECUTION [NOT USED] 6 END OF SECTION 7 Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D.Johnson Modified Location of City's Standard Product List 8 CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised December 20,2012 017000-1 MOBILIZATION AND REMOBILIZATION Page 1 of 4 1 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 45 a. Mobilization and Demobilization CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised December 20,2012 017000-2 MOBILIZATION AND REMOBILIZATION Page 2 of 4 1 1) Mobilization shall consist of the activities and cost on a Work Order basis 2 necessary for: 3 a) Transportation of Contractor's personnel,equipment,and operating 4 supplies to the Site for the issued Work Order. 5 b) Establishment of necessary general facilities for the Contractor's 6 operation at the Site for the issued Work Order 7 2) Demobilization shall consist of the activities and cost necessary for: 8 a) Transportation of Contractor's personnel,equipment, and operating 9 supplies from the Site including disassembly for each issued Work 10 Order 11 b) Site Clean-up for each issued Work Order 12 c) Removal of all buildings or other facilities assembled at the Site for 13 each Work Oder 14 b. Mobilization and Demobilization do not include activities for specific items of 15 work for which payment is provided elsewhere in the contract. 16 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects 17 a. A Mobilization for Miscellaneous Projects when directed by the City and the 18 mobilization occurs within 24 hours of the issuance of the Work Order. 19 B. Deviations from this City of Fort Worth Standard Specification 20 1. None. 21 C. Related Specification Sections include,but are not necessarily limited to: 22 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 23 2. Division 1 —General Requirements 24 1.2 PRICE AND PAYMENT PROCEDURES 25 A. Measurement and Payment 26 1. Mobilization and Demobilization 27 a. Measure 28 1) This Item is considered subsidiary to the various Items bid. 29 b. Payment 30 1) The work performed and materials furnished in accordance with this Item 31 are subsidiary to the various Items bid and no other compensation will be 32 allowed. 33 2. Remobilization for suspension of Work as specifically required in the Contract 34 Documents 35 a. Measurement 36 1) Measurement for this Item shall be per each remobilization performed. 37 b. Payment 38 1) The work performed and materials furnished in accordance with this Item 39 and measured as provided under"Measurement" will be paid for at the unit 40 price per each "Specified Remobilization"in accordance with Contract 41 Documents. 42 c. The price shall include: 43 1) Demobilization as described in Section 1.1.A.2.a.1) 44 2) Remobilization as described in Section l.l.A.2.a.2) 45 d. No payments will be made for standby, idle time, or lost profits associated this 46 Item. CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100605 Revised December 20,2012 017000-3 MOBILIZATION AND REMOBILIZATION Page 3 of 4 1 3. Remobilization for suspension of Work as required by City 2 a. Measurement and Payment 3 1) This shall be submitted as a Contract Claim in accordance with Article 10 4 of Section 00 72 00. 5 2) No payments will be made for standby, idle time, or lost profits associated 6 with this Item. 7 4. Mobilizations and Demobilizations for Miscellaneous Projects 8 a. Measurement 9 1) Measurement for this Item shall be for each Mobilization and 10 Demobilization required by the Contract Documents 11 b. Payment 12 1) The Work performed and materials furnished in accordance with this Item 13 and measured as provided under"Measurement"will be paid for at the unit 14 price per each "Work Order Mobilization'in accordance with Contract 15 Documents. Demobilization shall be considered subsidiary to mobilization 16 and shall not be paid for separately. 17 c. The price shall include: 18 1) Mobilization as described in Section 1.1.A.3.a.1) 19 2) Demobilization as described in Section 1.1.A.3.a.2) 20 d. No payments will be made for standby, idle time, or lost profits associated this 21 Item. 22 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects 23 a. Measurement 24 1) Measurement for this Item shall be for each Mobilization and 25 Demobilization required by the Contract Documents 26 b. Payment 27 1) The Work performed and materials furnished in accordance with this Item 28 and measured as provided under"Measurement" will be paid for at the unit 29 price per each "Work Order Emergency Mobilization'in accordance with 30 Contract Documents. Demobilization shall be considered subsidiary to 31 mobilization and shall not be paid for separately. 32 c. The price shall include 33 1) Mobilization as described in Section 1.1.A.4.a) 34 2) Demobilization as described in Section 1.1.A.3.a2) 35 d. No payments will be made for standby, idle time, or lost profits associated this 36 Item. 37 1.3 REFERENCES [NOT USED] 38 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 39 1.5 SUBMITTALS [NOT USED] 40 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 41 1.7 CLOSEOUT SUBMITTALS [NOT USED] 42 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 43 1.9 QUALITY ASSURANCE [NOT USED] 44 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised December 20,2012 017000-4 MOBILIZATION AND REMOBILIZATION Page 4 of 4 1 1.11 FIELD[SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3- EXECUTION [NOT USED] 5 END OF SECTION 6 Revision Log DATE NAME SUMMARY OF CHANGE 7 CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised December 20,2012 017123-1 CONSTRUCTION STAKING AND SURVEY Page 1 of 4 1 SECTION 017123 2 CONSTRUCTION STAKING AND SURVEY 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Requirements for construction staking and construction survey 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Construction Staking 15 a. Measurement 16 1) This Item is considered subsidiary to the various Items bid. 17 b. Payment 18 1) The work performed and the materials furnished in accordance with this 19 Item are subsidiary to the various Items bid and no other compensation will 20 be allowed. 21 2. Construction Survey 22 a. Measurement 23 1) This Item is considered subsidiary to the various Items bid. 24 b. Payment 25 1) The work performed and the materials furnished in accordance with this 26 Item are subsidiary to the various Items bid and no other compensation will 27 be allowed. 28 1.3 REFERENCES [NOT USED] 29 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 30 1.5 SUBMITTALS 31 A. Submittals, if required, shall be in accordance with Section 0133 00. 32 B. All submittals shall be approved by the City prior to delivery. 33 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS 34 A. Certificates 35 1. Provide certificate certifying that elevations and locations of improvements are in 36 conformance or non-conformance with requirements of the Contract Documents. 37 a. Certificate must be sealed by a registered professional land surveyor in the 38 State of Texas. CITY OF FORT WORTH E.4 T1 STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised December 20,2012 017123-2 CONSTRUCTION STAKING AND SURVEY Page 2 of 4 1 B. Field Quality Control Submittals 2 1. Documentation verifying accuracy of field engineering work. 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE 6 A. Construction Staking 7 1. Construction staking will be performed by the City. 8 2. Coordination 9 a. Contact City's Project Representative at least 2 weeks in advance for 10 scheduling of Construction Staking. 11 b. It is the Contractor's responsibility to coordinate staking such that construction 12 activities are not delayed or negatively impacted. 13 3. General 14 a. Contractor is responsible for preserving and maintaining stakes furnished by 15 City. 16 b. If in the opinion of the City, a sufficient number of stakes or markings have 17 been lost,destroyed or disturbed,by Contractor's neglect, such that the 18 contracted Work cannot take place,then the Contractor will be required to pay 19 the City for new staking with a 25 percent markup. The cost for staking will be 20 deducted from the payment due to the Contractor for the Project. 21 B. Construction Survey 22 1. Construction Survey will be performed by the City. 23 2. Coordination 24 a. Contractor to verify that control data established in the design survey remains 25 intact. 26 b. Coordinate with the City prior to field investigation to determine which 27 horizontal and vertical control data will be required for construction survey. 28 c. It is the Contractor's responsibility to coordinate Construction Survey such that 29 construction activities are not delayed or negatively impacted. 30 d. Notify City if any control data needs to be restored or replaced due to damage 31 caused during construction operations. 32 1) City shall perform replacements and/or restorations. 33 3. General 34 a. Construction survey will be performed in order to maintain complete and 35 accurate logs of control and survey work as it progresses for Project Records. 36 b. The Contractor will need to ensure coordination is maintained with the City to 37 perform construction survey to obtain construction features,including but not 38 limited to the following: 39 1) All Utility Lines 40 a) Rim and flowline elevations and coordinates for each manhole or 41 junction structure 42 2) Water Lines 43 a) Top of pipe elevations and coordinates for waterlines at the following 44 locations: 45 (1) Every 250 linear feet CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised December 20,2012 017123-3 CONSTRUCTION STAKING AND SURVEY Page 3 of 4 1 (2) Horizontal and vertical points of inflection,curvature,etc. (All 2 Fittings) 3 (3) Cathodic protection test stations 4 (4) Sampling stations 5 (5) Meter boxes/vaults (All sizes) 6 (6) Fire lines 7 (7) Fire hydrants 8 (8) Gate valves 9 (9) Plugs, stubouts,dead-end lines 10 (10) Air Release valves (Manhole rim and vent pipe) 11 (11) Blow off valves(Manhole rim and valve lid) 12 (12) Pressure plane valves 13 (13) Cleaning wyes 14 (14) Casing pipe(each end) 15 b) Storm Sewer 16 (1) Top of pipe elevations and coordinates at the following locations: 17 (a) Every 250 linear feet 18 (b) Horizontal and vertical points of inflection,curvature,etc. 19 c) Sanitary Sewer 20 (1) Top of pipe elevations and coordinates for sanitary sewer lines at 21 the following locations: 22 (a) Every 250 linear feet 23 (b) Horizontal and vertical points of inflection,curvature,etc. 24 (c) Cleanouts 25 c. Construction survey will be performed in order to maintain complete and 26 accurate logs of control and survey work associated with meeting or exceeding 27 the line and grade required by these Specifications. 28 d. The Contractor will need to ensure coordination is maintained with the City to 29 perform construction survey and to verify control data,including but not 30 limited to the following: 31 1) Established benchmarks and control points provided for the Contractor's 32 use are accurate 33 2) Benchmarks were used to furnish and maintain all reference lines and 34 grades for tunneling 35 3) Lines and grades were used to establish the location of the pipe 36 4) Submit to the City copies of field notes used to establish all lines and 37 grades and allow the City to check guidance system setup prior to 38 beginning each tunneling drive. 39 5) Provide access for the City to verify the guidance system and the line and 40 grade of the carrier pipe on a daily basis. 41 6) The Contractor remains fully responsible for the accuracy of the work and 42 the correction of it,as required. 43 7) Monitor line and grade continuously during construction. 44 8) Record deviation with respect to design line and grade once at each pipe 45 joint and submit daily records to City. 46 9) If the installation does not meet the specified tolerances, immediately notify 47 the City and correct the installation in accordance with the Contract 48 Documents. 49 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised December 20,2012 017123-4 CONSTRUCTION STAKING AND SURVEY Page 4 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3- EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 APPLICATION 9 3.5 REPAIR/RESTORATION [NOT USED] 10 3.6 RE-INSTALLATION [NOT USED] 11 3.7 FIELD [oR] SITE QUALITY CONTROL 12 A. It is the Contractor's responsibility to maintain all stakes and control data placed by the 13 City in accordance with this Specification. 14 B. Do not change or relocate stakes or control data without approval from the City. 15 3.8 SYSTEM STARTUP[NOT USED] 16 3.9 ADJUSTING[NOT USED] 17 3.10 CLEANING [NOT USED] 18 3.11 CLOSEOUT ACTIVITIES [NOT USED] 19 3.12 PROTECTION [NOT USED] 20 3.13 MAINTENANCE [NOT USED] 21 3.14 ATTACHMENTS [NOT USED] 22 END OF SECTION 23 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D.Johnson 24 CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised December 20,2012 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. Section 32 92 13—Hydro-Mulching, Seeding and Sodding 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 SUBMITTALSANFORMATIONAL 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 32 1. Store cleaning products and cleaning wastes in containers specifically designed for 33 those materials. CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 017423-2 CLEANING Page 2 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY[NOT USED] 3 PART2- PRODUCTS 4 2.1 OWNER-FURNISHED[OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 5 2.2 MATERIALS 6 A. Cleaning Agents 7 1. Compatible with surface being cleaned 8 2. New and uncontaminated 9 3. For manufactured surfaces 10 a. Material recommended by manufacturer 11 2.3 ACCESSORIES [NOT USED] 12 2.4 SOURCE QUALITY CONTROL[NOT USED] 13 PART 3- EXECUTION 14 3.1 INSTALLERS [NOT USED] 15 3.2 EXAMINATION [NOT USED] 16 3.3 PREPARATION [NOT USED] 17 3.4 APPLICATION[NOT USED] 18 3.5 REPAIR/RESTORATION [NOT USED] 19 3.6 RE-INSTALLATION [NOT USED] 20 3.7 FIELD[OR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING[NOT USED] 23 3.10 CLEANING 24 A. General 25 1. Prevent accumulation of wastes that create hazardous conditions. 26 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 27 governing authorities. 28 3. Do not dispose of volatile wastes such as mineral spirits,oil or paint thinner in 29 storm or sanitary drains or sewers. 30 4. Dispose of degradable debris at an approved solid waste disposal site. 31 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 32 alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100605 Revised July 1,2011 017423-3 CLEANING Page 3 of 4 1 6. Handle materials in a controlled manner with as few handlings as possible. 2 7. Thoroughly clean, sweep,wash and polish all Work and equipment associated with 3 this project. 4 8. Remove all signs of temporary construction and activities incidental to construction 5 of required permanent Work. 6 9. If project is not cleaned to the satisfaction of the City,the City reserves the right to 7 have the cleaning completed at the expense of the Contractor. 8 10. Do not burn on-site. 9 B. Intermediate Cleaning during Construction 10 1. Keep Work areas clean so as not to hinder health, safety or convenience of 11 personnel in existing facility operations. 12 2. At maximum weekly intervals, dispose of waste materials,debris and rubbish. 13 3. Confine construction debris daily in strategically located container(s): 14 a. Cover to prevent blowing by wind 15 b. Store debris away from construction or operational activities 16 c. Haul from site at a minimum of once per week 17 4. Vacuum clean interior areas when ready to receive finish painting. 18 a. Continue vacuum cleaning on an as-needed basis,until Final Acceptance. 19 5. Prior to storm events, thoroughly clean site of all loose or unsecured items,which 20 may become airborne or transported by flowing water during the storm. 21 C. Interior Final Cleaning 22 1. Remove grease,mastic, adhesives, dust,dirt, stains,fingerprints, labels and other 23 foreign materials from sight-exposed surfaces. 24 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 25 3. Wash and shine glazing and mirrors. 26 4. Polish glossy surfaces to a clear shine. 27 5. Ventilating systems 28 a. Clean permanent filters and replace disposable filters if units were operated 29 during construction. 30 b. Clean ducts,blowers and coils if units were operated without filters during 31 construction. 32 6. Replace all burned out lamps. 33 7. Broom clean process area floors. 34 8. Mop office and control room floors. 35 D. Exterior(Site or Right of Way)Final Cleaning 36 1. Remove trash and debris containers from site. 37 a. Re-seed areas disturbed by location of trash and debris containers in accordance 38 with Section 32 92 13. 39 2. Sweep roadway to remove all rocks, pieces of asphalt,concrete or any other object 40 that may hinder or disrupt the flow of traffic along the roadway. 41 3. Clean any interior areas including,but not limited to, vaults, manholes, structures, 42 junction boxes and inlets. CITY OF FORT WORTH E.4 T1 STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,20I 1 017423-4 CLEANING Page 4 of 4 1 4. If no longer required for maintenance of erosion facilities,and upon approval by 2 City,remove erosion control from site. 3 5. Clean signs, lights,signals,etc. 4 3.11 CLOSEOUT ACTIVITIES[NOT USED] 5 3.12 PROTECTION [NOT USED] 6 3.13 MAINTENANCE [NOT USED] 7 3.14 ATTACHMENTS [NOT USED] 8 END OF SECTION 9 Revision Log DATE NAME SUMMARY OF CHANGE 10 CITY OF FORT WORTH E.4Tm STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 017719-1 CLOSEOUT REQUIREMENTS Page 1 of 3 1 SECTION 0177 19 2 CLOSEOUT REQUIREMENTS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedure for closing out a contract 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 11 2. Division 1—General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Guarantees,Bonds and Affidavits 19 1. No application for final payment will be accepted until all guarantees,bonds, 20 certificates,licenses and affidavits required for Work or equipment as specified are 21 satisfactorily filed with the City. 22 B. Release of Liens or Claims 23 1. No application for final payment will be accepted until satisfactory evidence of 24 release of liens has been submitted to the City. 25 1.5 SUBMITTALS 26 A. Submit all required documentation to City's Project Representative. CITY OF FORT WORTH E.4"'STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 0177 19-2 CLOSEOUT REQUIREMENTS Page 2 of 3 1 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3- EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 CLOSEOUT PROCEDURE 9 A. Prior to requesting Final Inspection, submit: 10 1. Project Record Documents in accordance with Section 0178 39 11 2. Operation and Maintenance Data, if required, in accordance with Section 0178 23 12 B. Prior to requesting Final Inspection,perform final cleaning in accordance with Section 13 01 74 23. 14 C. Final Inspection 15 1. After final cleaning,provide notice to the City Project Representative that the Work 16 is completed. 17 a. The City will make an initial Final Inspection with the Contractor present. 18 b. Upon completion of this inspection,the City will notify the Contractor,in 19 writing within 10 business days, of any particulars in which this inspection 20 reveals that the Work is defective or incomplete. 21 2. Upon receiving written notice from the City, immediately undertake the Work 22 required to remedy deficiencies and complete the Work to the satisfaction of the 23 City. 24 3. Upon completion of Work associated with the items listed in the City's written 25 notice, inform the City,that the required Work has been completed. Upon receipt 26 of this notice,the City, in the presence of the Contractor,will make a subsequent 27 Final Inspection of the project. 28 4. Provide all special accessories required to place each item of equipment in full 29 operation. These special accessory items include,but are not limited to: 30 a. Specified spare parts 31 b. Adequate oil and grease as required for the first lubrication of the equipment 32 c. Initial fill up of all chemical tanks and fuel tanks 33 d. Light bulbs 34 e. Fuses 35 f. Vault keys 36 g. Handwheels 37 h. Other expendable items as required for initial start-up and operation of all 38 equipment 39 D. Notice of Project Completion CITY OF FORT WORTH E.4""STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 017719-3 CLOSEOUT REQUIREMENTS Page 3 of 3 1 1. Once the City Project Representative finds the Work subsequent to Final Inspection 2 to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). 3 E. Supporting Documentation 4 1. Coordinate with the City Project Representative to complete the following 5 additional forms: 6 a. Final Payment Request 7 b. Statement of Contract Time 8 c. Affidavit of Payment and Release of Liens 9 d. Consent of Surety to Final Payment 10 e. Pipe Report(if required) 11 f. Contractor's Evaluation of City 12 g. Performance Evaluation of Contractor 13 F. Letter of Final Acceptance 14 1. Upon review and acceptance of Notice of Project Completion and Supporting 15 Documentation,in accordance with General Conditions,City will issue Letter of 16 Final Acceptance and release the Final Payment Request for payment. 17 3.5 REPAIR/RESTORATION [NOT USED] 18 3.6 RE-INSTALLATION [NOT USED] 19 3.7 FIELD [OR]SITE QUALITY CONTROL [NOT USED] 20 3.8 SYSTEM STARTUP [NOT USED] 21 3.9 ADJUSTING [NOT USED] 22 3.10 CLEANING [NOT USED] 23 3.11 CLOSEOUT ACTIVITIES [NOT USED] 24 3.12 PROTECTION [NOT USED] 25 3.13 MAINTENANCE [NOT USED] 26 3.14 ATTACHMENTS [NOT USED] 27 END OF SECTION 28 Revision Log DATE NAME SUMMARY OF CHANGE 29 CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 017839-1 PROJECT RECORD DOCUMENTS Page 1 of 4 1 SECTION 0178 39 2 PROJECT RECORD DOCUMENTS 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Work associated with the documenting the project and recording changes to project 7 documents,including: 8 a. Record Drawings 9 b. Water Meter Service Reports 10 c. Sanitary Sewer Service Reports 11 d. Large Water Meter Reports 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include,but are not necessarily limited to: 15 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1—General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 23 1.5 SUBMITTALS 24 A. Prior to submitting a request for Final Inspection,deliver Project Record Documents to 25 City's Project Representative. 26 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE 30 A. Accuracy of Records 31 1. Thoroughly coordinate changes within the Record Documents,making adequate 32 and proper entries on each page of Specifications and each sheet of Drawings and 33 other Documents where such entry is required to show the change properly. 34 2. Accuracy of records shall be such that future search for items shown in the Contract 35 Documents may rely reasonably on information obtained from the approved Project 36 Record Documents. CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 017839-2 PROJECT RECORD DOCUMENTS Page 2 of 4 1 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 2 information that the change has occurred. 3 4. Provide factual information regarding all aspects of the Work,both concealed and 4 visible,to enable future modification of the Work to proceed without lengthy and 5 expensive site measurement,investigation and examination. 6 1.10 STORAGE AND HANDLING 7 A. Storage and Handling Requirements 8 1. Maintain the job set of Record Documents completely protected from deterioration 9 and from loss and damage until completion of the Work and transfer of all recorded 10 data to the final Project Record Documents. 11 2. In the event of loss of recorded data,use means necessary to again secure the data 12 to the City's approval. 13 a. In such case,provide replacements to the standards originally required by the 14 Contract Documents. 15 1.11 FIELD [SITE] CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART 2- PRODUCTS 18 2.1 OWNER-FURNISHED[OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 19 2.2 RECORD DOCUMENTS 20 A. Job set 21 1. Promptly following receipt of the Notice to Proceed,secure from the City,at no 22 charge to the Contractor, 1 complete set of all Documents comprising the Contract. 23 B. Final Record Documents 24 1. At a time nearing the completion of the Work and prior to Final Inspection,provide 25 the City 1 complete set of all Final Record Drawings in the Contract. 26 2.3 ACCESSORIES [NOT USED] 27 2.4 SOURCE QUALITY CONTROL[NOT USED] 28 PART 3- EXECUTION 29 3.1 INSTALLERS [NOT USED] 30 3.2 EXAMINATION [NOT USED] 31 3.3 PREPARATION [NOT USED] 32 3.4 MAINTENANCE DOCUMENTS 33 A. Maintenance of Job Set 34 1. Immediately upon receipt of the job set,identify each of the Documents with the 35 title, "RECORD DOCUMENTS -JOB SET". CITY OF FORT WORTH E.4m STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 017839-3 PROJECT RECORD DOCUMENTS Page 3 of 4 1 2. Preservation 2 a. Considering the Contract completion time,the probable number of occasions 3 upon which the job set must be taken out for new entries and for examination, 4 and the conditions under which these activities will be performed,devise a 5 suitable method for protecting the job set. 6 b. Do not use the job set for any purpose except entry of new data and for review 7 by the City, until start of transfer of data to final Project Record Documents. 8 c. Maintain the job set at the site of work. 9 3. Coordination with Construction Survey 10 a. At a minimum, in accordance with the intervals set forth in Section 01 71 23, 11 clearly mark any deviations from Contract Documents associated with 12 installation of the infrastructure. 13 4. Making entries on Drawings 14 a. Record any deviations from Contract Documents. 15 b. Use an erasable colored pencil (not ink or indelible pencil),clearly describe the 16 change by graphic line and note as required. 17 c. Date all entries. 18 d. Call attention to the entry by a "cloud" drawn around the area or areas affected. 19 e. In the event of overlapping changes,use different colors for the overlapping 20 changes. 21 5. Conversion of schematic layouts 22 a. In some cases on the Drawings, arrangements of conduits,circuits,piping, 23 ducts, and similar items, are shown schematically and are not intended to 24 portray precise physical layout. 25 1) Final physical arrangement is determined by the Contractor, subject to the 26 City's approval. 27 2) However,design of future modifications of the facility may require 28 accurate information as to the final physical layout of items which are 29 shown only schematically on the Drawings. 30 b. Show on the job set of Record Drawings,by dimension accurate to within 1 31 inch,the centerline of each run of items. 32 1) Final physical arrangement is determined by the Contractor, subject to the 33 City's approval. 34 2) Show,by symbol or note,the vertical location of the Item("under slab", "in 35 ceiling plenum", "exposed", and the like). 36 3) Make all identification sufficiently descriptive that it may be related 37 reliably to the Specifications. 38 c. The City may waive the requirements for conversion of schematic layouts 39 where, in the City's judgment,conversion serves no useful purpose. However, 40 do not rely upon waivers being issued except as specifically issued in writing 41 by the City. 42 B. Final Project Record Documents 43 1. Transfer of data to Drawings 44 a. Carefully transfer change data shown on the job set of Record Drawings to the 45 corresponding final documents,coordinating the changes as required. 46 b. Clearly indicate at each affected detail and other Drawing a full description of 47 changes made during construction, and the actual location of items. CITY OF FORT WORTH E.4`STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100605 Revised July 1,2011 017839-4 PROJECT RECORD DOCUMENTS Page 4 of 4 1 c. Call attention to each entry by drawing a "cloud" around the area or areas 2 affected. 3 d. Make changes neatly,consistently and with the proper media to assure 4 longevity and clear reproduction. 5 2. Transfer of data to other Documents 6 a. If the Documents, other than Drawings,have been kept clean during progress of 7 the Work,and if entries thereon have been orderly to the approval of the City, 8 the job set of those Documents, other than Drawings,will be accepted as final 9 Record Documents. 10 b. If any such Document is not so approved by the City, secure a new copy of that 11 Document from the City at the City's usual charge for reproduction and 12 handling,and carefully transfer the change data to the new copy to the approval 13 of the City. 14 3.5 REPAIR/RESTORATION [NOT USED] 15 3.6 RE-INSTALLATION [NOT USED] 16 3.7 FIELD [OR]SITE QUALITY CONTROL[NOT USED] 17 3.8 SYSTEM STARTUP[NOT USED] 18 3.9 ADJUSTING[NOT USED] 19 3.10 CLEANING [NOT USED] 20 3.11 CLOSEOUT ACTIVITIES [NOT USED] 21 3.12 PROTECTION [NOT USED] 22 3.13 MAINTENANCE [NOT USED] 23 3.14 ATTACHMENTS [NOT USED] 24 END OF SECTION 25 Revision Log DATE NAME SUMMARY OF CHANGE 26 CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100605 Revised July 1,2011 3471 13-1 TRAFFIC CONTROL Page 1 of 6 1 SECTION 34 7113 2 TRAFFIC CONTROL 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Installation of Traffic Control Devices and preparation of Traffic Control Plans 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. FOR THIS PROJECT TRAFFIC CONTROL SECTION 34 71 13 SHALL BE 9 CON SiDERE.D SUBSIDIARY WORK, NO SEPARATE PAY. 10 2. TRAFI`IC ITROL I"I ` EMENTATION; �}Ns 11 MA NTEN.A� �I'CE,ADJUSTMENTS,REP-ACE REMO''V'AL OF 12 TRAFFIC CONTROL DEVICES_SH�aEE CCJNSM��RD SUBS]b Y 13 WORK,N )SEPARATE PAY. 14 MAJf""I" 15 CITYTEXAS M �1AL ON Lf1 f M TRAF.M� ONTRt S 16 (TMUTCD),OBTAINING SIGNATI,TRtANIS SEAL A.LIC Ij�T S 17 PROFESSIONAL ENGINEER SHALL BE CO>NSI3�UBSDARY 18 WORK,NCS SEPARATE PAY. 19 C. Related Specification Sections include,but are not necessarily limited to: 20 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 21 2. Division 1—General Requirements 22 1.2 PRICE AND PAYMENT PROCEDURES 23 A. Measurement and Payment 24 1. Installation of Traffic Control Devices: SUBSIDIARY NO SEPARATE PAY 25 a. Me ^ en 26 27 28 . 29 b. payffie 30 31 "shall be paid fer-at the 32 " 33 e. The p4ee bid shairiaelHde: 34 35 2) Installation 36 3) Mainten 37 4Adjustments 38 ews 39 6)Refaeval 40 41 2. Portable Message Signs CITY OF FORT WORTH E.4"i STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100605 Revised November 22,2013 3471 13-2 TRAFFIC CONTROL Page 2 of 6 1 a. Measurement 2 1) Measurement for this Item shall be per week for the duration of use. 3 b. Payment 4 1) The work performed and materials furnished in accordance to this Item and 5 measured as provided under"Measurement' shall be paid for at the unit 6 price bid per week for"Portable Message Sign"rental. 7 c. The price bid shall include: 8 1) Delivery of Portable Message Sign to Site 9 2) Message updating 10 3) Sign movement throughout construction 11 4) Return of the Portable Message Sign post-construction 12 3. Preparation of Traffic Control Plan Details: SUBSIDIARY NO SEPARATE PAY 13 a. 44e o ent 14 . 15 emelt 16 17 " 18 }r-epafed. 19 . 20 1) Prep,,-ifig the T-r- ff;.. (''eat-al Plan Details F.,.-elesuizes of 24 hours e 21 lelfgef 22 2) AdheFenee to City and Terras Manual en Unifeffa T-r-affie Central Devic-es 23 (Tr�D) 24 25 4) lneefper-atien of City eemments 26 1.3 REFERENCES 27 A. Reference Standards 28 1. Reference standards cited in this Specification refer to the current reference 29 standard published at the time of the latest revision date logged at the end of this 30 Specification, unless a date is specifically cited. 31 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 32 3. Item 502, Barricades, Signs, and Traffic Handling of the Texas Department of 33 Transportation, Standard Specifications for Construction and Maintenance of 34 Highways, Streets, and Bridges. 35 1.4 ADMINISTRATIVE REQUIREMENTS 36 A. Coordination 37 1. Contact Traffic Services Division (817-392-7738) a minimum of 48 hours prior to 38 implementing Traffic Control within 500 feet of a traffic signal. 39 B. Sequencing 40 1. Any deviations to the Traffic Control Plan included in the Drawings must be first 41 approved by the City and design Engineer before implementation. 42 1.5 SUBMITTALS 43 A. Provide the City with a current list of qualified flaggers before beginning flagging 44 activities. Use only flaggers on the qualified list. CITY OF FORT WORTH E.4T"STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100605 Revised November 22,2013 3471 13-3 TRAFFIC CONTROL Page 3 of 6 1 B. Obtain a Street Use Permit from the Street Management Section of the Traffic 2 Engineering Division, 311 W. 10'Street. The Traffic Control Plan (TCP) for the 3 Project shall be as detailed on the Traffic Control Plan Detail sheets of the Drawing set. 4 A copy of this Traffic Control Plan shall be submitted with the Street Use Permit. 5 C. Traffic Control Plans shall be signed and sealed by a licensed Texas Professional 6 Engineer. 7 D. Contractor shall prepare Traffic Control Plans if required by the Drawings or 8 Specifications. The Contractor will be responsible for having a licensed Texas 9 Professional Engineer sign and seal the Traffic Control Plan sheets. 10 E. Lane closures 24 hours or longer shall require a site-specific traffic control plan. 11 F. Contractor responsible for having a licensed Texas Professional Engineer sign and seal 12 changes to the Traffic Control Plan(s) developed by the Design Engineer. 13 G. Design Engineer will furnish standard details for Traffic Control. 14 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 15 1.7 CLOSEOUT SUBMITTALS [NOT USED] 16 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 17 1.9 QUALITY ASSURANCE[NOT USED] 18 1.10 DELIVERY,STORAGE,AND HANDLING[NOT USED] 19 1.11 FIELD [SITE] CONDITIONS [NOT USED] 20 1.12 WARRANTY [NOT USED] 21 PART 2 - PRODUCTS 22 2.1 OWNER-FURNISHED[OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 23 2.2 ASSEMBLIES AND MATERIALS 24 A. Description 25 1. Regulatory Requirements 26 a. Provide Traffic Control Devices that conform to details shown on the 27 Drawings, the TMUTCD, and TxDOT's Compliant Work Zone Traffic Control 28 Device List(CWZTCDL). 29 2. Materials 30 a. Traffic Control Devices must meet all reflectivity requirements included in the 31 TMUTCD and TxDOT Specifications—Item 502 at all times during 32 construction. 33 b. Electronic message boards shall be provided in accordance with the TMUTCD. CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100605 Revised November 22,2013 3471 13-4 TRAFFIC CONTROL Page 4 of 6 1 2.3 ACCESSORIES [NOT USED] 2 2.4 SOURCE QUALITY CONTROL [NOT USED] 3 PART 3- EXECUTION 4 3.1 EXAMINATION[NOT USED] 5 3.2 PREPARATION 6 A. Protection of In-Place Conditions 7 1. Protect existing traffic signal equipment. 8 3.3 INSTALLATION 9 A. Follow the Traffic Control Plan(TCP) and install Traffic Control Devices as shown on 10 the Drawings and as directed. 11 B. Install Traffic Control Devices straight and plumb. 12 C. Do not make changes to the location of any device or implement any other changes to 13 the Traffic Control Plan without the approval of the Engineer. 14 1. Minor adjustments to meet field constructability and visibility are allowed. 15 D. Maintain Traffic Control Devices by taking corrective action as soon as possible. 16 1. Corrective action includes but is not limited to cleaning, replacing, straightening, 17 covering, or removing Devices. 18 2. Maintain the Devices such that they are properly positioned, spaced, and legible, 19 and that retroreflective characteristics meet requirements during darkness and rain. 20 E. If the Inspector discovers that the Contractor has failed to comply with applicable federal 21 and state laws(by failing to furnish the necessary flagmen,warning devices,barricades, 22 lights,signs,or other precautionary measures for the protection of persons or property),the 23 Inspector may order such additional precautionary measures be taken to protect persons 24 and property. 25 F. Subject to the approval of the Inspector,portions of this Project,which are not affected by 26 or in conflict with the proposed method of handling traffic or utility adjustments,can be 27 constructed during any phase. 28 G. Barricades and signs shall be placed in such a manner as to not interfere with the sight 29 distance of drivers entering the highway from driveways or side streets. 30 H. To facilitate shifting, barricades and signs used in lane closures or traffic staging may 31 be erected and mounted on portable supports. 32 1. The support design is subject to the approval of the Engineer. 33 I. Lane closures shall be in accordance with the approved Traffic Control Plans. 34 J. If at any time the existing traffic signals become inoperable as a result of construction 35 operations,the Contractor shall provide portable stop signs with 2 orange flags,as 36 approved by the Engineer,to be used for Traffic Control. CITY OF FORT WORTH E.4T'1 STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100605 Revised November 22,2013 3471 13-5 TRAFFIC CONTROL Page 5 of 6 1 K. Contractor shall make arrangements for police assistance to direct traffic if traffic signal 2 turn-ons,street light pole installation,or other construction will be done during peak traffic 3 times(AM: 7 am—9 am,PM: 4 pm-6 pm). 4 L. Flaggers 5 1. Provide a Contractor representative who has been certified as a flagging instructor 6 through courses offered by the Texas Engineering Extension Service, the American 7 Traffic Safety Services Association, the National Safety Council, or other approved 8 organizations. 9 a. Provide the certificate indicating course completion when requested. 10 b. This representative is responsible for training and assuring that all flaggers are 11 qualified to perform flagging duties. 12 2. A qualified flagger must be independently certified by 1 of the organizations listed 13 above or trained by the Contractor's certified flagging instructor. 14 3. Flaggers must be courteous and able to effectively communicate with the public. 15 4. When directing traffic, flaggers must use standard attire, flags, signs, and signals 16 and follow the flagging procedures set forth in the TMUTCD. 17 5. Provide and maintain flaggers at such points and for such periods of time as may be 18 required to provide for the safety and convenience of public travel and Contractor's 19 personnel, and as shown on the Drawings or as directed by the Engineer. 20 a. These flaggers shall be located at each end of the lane closure. 21 M. Removal 22 1. Upon completion of Work,remove from the Site all barricades, signs, cones,lights 23 and other Traffic Control Devices used for work-zone traffic handling in a timely 24 manner,unless otherwise shown on the Drawings. 25 3.4 REPAIR/RESTORATION [NOT USED] 26 3.5 RE-INSTALLATION [NOT USED] 27 3.6 FIELD[OR] SITE QUALITY CONTROL [NOT USED] 28 3.7 SYSTEM STARTUP [NOT USED] 29 3.8 ADJUSTING [NOT USED] 30 3.9 CLEANING [NOT USED] 31 3.10 CLOSEOUT ACTIVITIES [NOT USED] 32 3.11 PROTECTION [NOT USED] 33 3.12 MAINTENANCE [NOT USED] 34 3.13 ATTACHMENTS [NOT USED] 35 END OF SECTION 36 Revision Log CITY OF FORT WORTH E.4TH STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100605 Revised November 22,2013 3471 13-6 TRAFFIC CONTROL Page 6 of 6 DATE NAME SUMMARY OF CHANGE 11/22/13 S.Arnold Added police assistance,requirement for when a site specific TCP is required 1 CITY OF FORT WORTH E.4Tm STREET BRIDGE REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100605 Revised November 22,2013 TT CHMENT 1 Page 1 of 4 FORT WORTH City of Fort Worth Minority Business Enterprise MBE Subcontractors/Suppliers Utilization Form OFFEROR COMPANY NAME: Check applicable block to describe Gibson &Associates, Inc. Offeror PROJECT NAME: M/W/DBEfXF NON-M/W/DBE E. 4th Street Bridge Rehabilitation 5-17-18 BID DATE City's MBE Project Goal: Offeror's MBE Project Commitment: PROJECT NUMBER 8 % 12.45 % 100605 Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Purchasing Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the MBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications. MBEs listed toward meeting the project goal must be located in the six (6) county marketplace at the time of bid or the business has a Significant Business Presence in the Marketplace. Marketplace is the geographic area of Tarrant, Dallas, Denton, Johnson, Parker, and Wise counties. Prime contractors must identify by tier level of all subcontractors/suppliers. Tier: means the level of subcontracting below the prime contractor/consultant i.e. a direct payment from the prime contractor to a subcontractor is considered 1 st tier, a payment by a subcontractor to its supplier is considered 2nd tier. The prime contractor is responsible to provide proof of payment of all tiered subcontractors identified as a MBE and counting those dollars towards meeting the contract committed goal. ALL MBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located within the Marketplace, that have been determined to be a bondafide minority business enterprise by the North Central Texas Regional Certification Agency(NCTRCA)or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth. If hauling services are utilized, the Offeror will be given credit as long as the MBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The MBE may lease trucks from another MBE firm, including MBE owner-operated, and receive full MBE credit. The MBE may lease trucks from non-MBEs, including owner-operated, but will only receive credit for the fees and commissions earned by the MBE as outlined in the lease agreement. Rev.2/10/15 FORTWORTH ATTACHMENT 1A r Page 2 of 4 Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. MBE firms are to be listed first, use additional sheets if necessary. Please note that only certified MBEs will be counted to meet an MBE goal. NCTRCA N SUBCONTRACTOR/SUPPLIER ° Company Name T 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 United Metal Services P.O. Box 395 Fabrication of $18,500.00 Paradise,TX 76073 ❑ ❑ Steel Plates ted@united-metal.net (817) 932-3330 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Rev.2/10/15 FOR= ATTACHMENT 3 3 of of 4 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 El El El 0 E E Rev.2/10/15 FORT TT C 1 --Nv oo— Page 4 Page 4 of 4 Total Dollar Amount of MBE Subcontractors/Suppliers $ 18,500.00 Total Dollar Amount of Non-MBE Subcontractors/Suppliers $ 0.00 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 18,500.00 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. G-- L Alan C. Meador Authorized Slg ature Printed Signature Vice President Title Contact Name/Title(if different) Gibson &Associates, Inc. 972 557-1199 Company Name Telephone and/or Fax 11210 Ryliecrest Dr. treym@gibsonassoc.net Address E-mail Address Balch Springs, TX 75180 5-17-18 City/State/Zip Date Rev.2/10/15 DOE PRWECT til W5 IND NUMBER (plemcheck ana) . Nbar[tylftffomerr BeWIllim Enteqxks Olftrce. LETTER OF INTENT TO PERFORM AS A SUSCONTRACTORfSUBCONSULTANT ¢NOTE: ;Prrrawarrf io the City,orf Fart Worth'WW13E rarr3irtaraoe,M/W.BE turns daarlicipating in the program muslt heve,cmrreM ce ification status with the City of.Fort i WIJ piton to award of a contract where they are counted towards subcontracting partiapatio i.If the City of Fort Worth determines that a firm is not an eligible M/WBE firm for City of Fort Worth subcontracts,that firm should immediately submit a completed certification application to the North Central Texas Regional Ceffficafion Agency(NCTRCA),°624 Six Flag Drive,Suite 2%,Arlington,TX .7W 1 f] 1. flame of Project•E.4t Sbwt Bridge Rehabilitation 2. Name of ofiferorlprime contractor Gibson &Associates,inc. 3. The undersigned is prepared to,perform the following described work and/or,supply the material fisted ion(cortrledoto,with-the above project(where applicable specify"supply"or )nstair or both): Steel Plates Fabincate and:Sgmn at VNe price of 08,5WOO United Metal Services 5-1748 (Name of MUSE Firm) (Date) Ted Sims I Circle one(OwnedAuthorized Agent of MIWBE firm)Type or Print Name (Signature of 0ew r Au rize A nt of MNNBE firm) (817)932-3330 ted5-u n ited-metal.net ;(Florae Number) (Fax Nember) AFFIDAVIT OF PRIME CONTRACTOR I HEREBY DECLARE AND AFFIRM that 1, Alai C.Meador.III am the duly authorized representative of Circle one(OwnedAuthorized Agent) Gibson.&Associates.Inc. and that I have personally reviewed the material and Nameof PdoseCDrrtractor facts set forth in this Letter of Intent to Perform. To the best of my knowledge,information and belief, the fads in this form are true, and no material fads have been omitted. 'Puisuant'to the,Urof'Fort Worth IV1 WB'E Oy inenoe,any person lentity]who mattes a false or frauddleat staterment im connection with partioipation of a idlfVd(3E to any Qty of Fart Worth contract may be referred for debarment procedures under the City of Fort Worth M/WBE Ordinance. f do solemnly swear or affirm that the signatures contained herein and the information provided'by the Prime Contractor are true and cotrec t,and that t an authorized on behalf of the Prime Contractor to make the affidavit. Akan C.Meador, ill Gibson,&.Associates,.Eric. CkdoOm(OwedAdbo' Typo airPWatName. (Name of PrimeContrador•PrdntorTy* 4 G 5-17-18 (Wgnatumot6ftecorAuthorIMAgent) (Date] 972-6571199 972-5E7r -15b2 tPhora Number) (fax Number) 05/19/03 ATTACHMENT IA Page 1 of 4 Fo--RTl.O.rRT-H City of Fort Worth Minority Business Enterprise MBE Subcontractors/Suppliers Utilization Form OFFEROR COMPANY NAME: Check applicable block to describe Offeror PROJECT NAME: MMI/DBEri NON-M/W/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 15'tier, a payment by a subcontractor to its supplier is considered 2"d 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 FORTWORT_H ATTACHMENT IA T Page 2 of 4 Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minon.ty and non-MBEs. MBE firms are to be listed first,use additional sheets if necessary. Please note that only certified MBEs will be counted to meet an MBE goal. NCTRCA N SUBCONTRACTOR/SUPPLIER ° Company Name T n Detail Detail Address i Subcontracting Supplies M W Dollar Amount Telephone/Fax ' B B B Work Purchased Email E E Contact Person E El El El �_ I G Rev.2/10/15 FORT ATTACHMENT 1A Page 3 of 4 Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., M no*and non-MBEs. MBE firms are to be listed first,use additional sheets if necessary. Please note that only certified MBEs will be counted to meet an MBE goal. NCTRCA N SUBCONTRACTOR/SUPPLIER Company Name T n Detail Detail Address i Subcontracting Supplies M W Dollar Amount Telephone/Fax e B B M Work Purchased Email r E E B Contact Person E !l El El El E 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 Owstatemp Data Rev.2/10/15 ATTACHMENT 1C Page 1 of 4 FORT WORTH ..... ,.11.•rr City of Fort Worth Minority Business Enterprise MBE Good Faith Effort Form OFFEROR COMPANY NAME: Check applicable block to describe Offeror PROJECT NAME: MNWDBE NON-M/W/DBE BID DATE City's MBE Project Goal: Offeror's MBE Project Commitment: PROJECT NUMBER % If the Offeror did not meet or exceed the MBE subcontracting goal for this project, the Offeror must complete this form. If the Offeror's method of compliance with the MBE goal is based upon demonstration of a "good faith effort", the Offeror will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 11 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation of the facts or intentional discrimination by the Offeror. Failure to complete this form, in its entirety with supporting documentation, and received by the Purchasing Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive of bid opening date,will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity for the completion of this project, regardless of whether it is to be provided by a MBE or non-MBE. (DO NOT LIST NAMES OF FIRMS) On all projects, the Offeror must list each subcontracting and or supplier opportunity regardless of tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Rev.2/10/15 ATTACHMENT 1C Page 2 of 4 2.) Obtain a current(not more than two(2) months old from the bid open date) list of MBE subcontractors and/or suppliers from the City's M/WBE Office. Yes Date of Listing No 3.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? Yes (If yes,attach MBE mail listing to include name of firm and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone,exclusive of the day the bids are opened? Yes (If yes,attach list to include name of MBE firm,person contacted,phone number and date and time of contact) No 5.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by facsimile(fax), exclusive of the day the bids are opened? Yes (If yes,attach list to include name of MBE firm,fax number and date and time of contact In addition,if the fax is returned as undeliverable,then that"undeliverable confirmation"received must be printed directly from the facsimile for proper documentation. Failure to submit confirmation and/or"undeliverable confirmation" documentation may render the GFE non-responsive.) No 6.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by email,exclusive of the day the bids are opened? Yes (If yes,attach email confirmation to include name of MBE firm,date and time.In addition,if an email is returned as undeliverable,then that"undeliverable message"receipt must be printed directly from the email system for proper documentation. Failure to submit confirmation and/or"undeliverable message"documentation may render the GFE non-responsive.) No NOTE: The four methods identified above are acceptable for soliciting bids, and each selected method must be applied to the applicable contract. The Offeror must document that either at least two attempts were made using two of the four methods or that at least one successful contact was made using one of the four methods in order to be deemed responsive to the Good Faith Effort requirement. NOTE: The Offeror must contact the entire MBE list specific to each subcontracting and supplier opportunity to be in compliance with questions 3 through 6. 7.) Did you provide plans and specifications to potential MBEs? Yes No 8.) Did you provide the information regarding the location of plans and specifications in order to assist the MBEs? Yes No Rev.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.2/10/15 ATTACHMENT 1C Page 4 of 4 The undersigned certifies that the information provided and the MBE(s) listed wastwere 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.2110/15 Joint Venture Page 1 of 3 FORT WORTH CITY OF FORT WORTH MBE Joint Venture Eligibility Form All questions must be answered;use"N/A"if not applicable. Name of City project: A joint venture fora must be completed on each project RFP/Bid/Purchasing Number: 1.Joint venture information: Joint Venture Name: Joint Venture Address: (If applicable) Telephone: Facsimile: E-mail address: Cellular: Identify the firms that comprise the joint venture: Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm compnsing the joint venture MBE firmNon-MBE firm name: T 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-MSE: 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 a equipment: i Other applicable ownership interests: a 6.Identify by name,race,sex and firm those individuals(with titles)who are responsible for the day-today 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 1 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 MNVBE 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 BIDE 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 I 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 Sigw= Commission Expires (sew) 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 I I NON-MNV/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 1 C. This form is only applicable if b th 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('rf different) Company Name Phone Number Fax Number Addmes Email Address City/State0p Data Rev.2/10/15 M&C Review Page 1 of 1 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA F U COUNCIL ACTION: Approved on 10/29/2013 REFERENCE ,, 20PREVAILING WAGE DATE: 10/29/2013 NO.: C-26534 LOG NAME: RATES 2013 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Adopt 2013 Prevailing Wage Rates for City Awarded Public Works Projects (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached 2013 Prevailing Wage Rates for City- awarded Public Works projects. DISCUSSION: Texas Government Code Chapter 2258 requires that a public body awarding a contract for Public Works shall determine the general prevailing rate of per diem wages for each craft or type of worker needed to execute the contract. The public body is required to specify in the bid documents for any Public Works contract, and in the contract itself, the wages as determined and adopted by the public body. The attached 2013 Prevailing Wage Rates data for Heavy and Highway Construction projects identifies the current Davis-Bacon Act prevailing wages for heavy and highway construction projects applicable to the local wage rate zone. The attached 2013 Prevailing Wage Rates data for Commercial Construction projects identifies average wage rates based on a salary survey conducted and published by the North Texas Construction Industry(Fall 2012). The 2013 Prevailing Wage Rates will be included in future City-awarded infrastructure bid documents and contracts once adopted. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Roy Teal (7958) ATTACHMENTS NewCOFW Hor.pdf NewCOFW Vert.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=19155&councildate=10/29/2013 11/7/2013 2013 PREVAILING WAGE RATES (Heavy and Highway Construction Projects) CLASSIFICATION DESCRIPTION Wage Rate Asphalt Distributor Operator 1 $ 15.32 Asphalt Paving Machine Operator $ 13.99 Asphalt Raker $ 12.69 Broom or Sweeper Operator $ 11.74 Concrete Finisher,Paving and Structures $ 14.12 Concrete Pavement Finishing Machine Operator $ 16.05 Concrete Saw Operator $ 14.48 Crane Operator,Hydraulic 80 tons or less $ 18.12 Crane Operator,Lattice Boom 80 Tons or Less $ 17.27 Crane Operator,Lattice Boom Over 80 Tons $ 20.52 Crawler Tractor Operator $ 14.07 Electrician $ 19.80 Excavator Operator,50,000 pounds or less $ 17.19 Excavator Operator,Over 50,000 pounds $ 16.99 Flagger $ 10.06 Form Builder/Setter,Structures $ 13.84 Form Setter, Paving&Curb $ 13.16 Foundation Drill Operator,Crawler Mounted $ 17.99 Foundation Drill Operator,Truck Mounted $ 21.07 Front End Loader Operator,3 CY or Less $ 13.69 Front End Loader Operator,Over 3 CY $ 14.72 Laborer,Common $ 10.72 Laborer, Utility $ 12.32 Loader/Backhoe Operator $ 15.18 Mechanic $ 17.68 Milling Machine Operator $ 14.32 Motor Grader Operator, Fine Grade $ 17.19 Motor Grader Operator, Rough $ 16.02 Off Road Hauler $ 12.25 Pavement Marking Machine Operator $ 13.63 Pipelayer $ 13.24 Reclaimer/Pulverizer Operator $ 11.01 Reinforcing Steel Worker $ 16.18 Roller Operator,Asphalt $ 13.08 Roller Operator,Other $ 11.51 Scraper Operator $ 12.96 Servicer $ 14.58 Small Slipform Machine Operator $ 15.96 Spreader Box Operator $ 14.73 Truck Driver Lowboy-Float $ 16.24 Truck Driver Transit-Mix $ 14.14 Truck Driver,Single Axle $ 12.31 Truck Driver,Single or Tandem Axle Dump Truck $ 12.62 Truck Driver,Tandem Axle Tractor with Semi Trailer $ 12.86 Welder $ 14.84 Work Zone Barricade Servicer $ 11.68 The Davis-Bacon Act prevailing wage rates shown for Heavy and Highway construction projects were determined by the United States Department of Labor and current as of September 2013. The titles and descriptions for the classifications listed are detailed in the AGC of Texas'Standard Job Classifications and Descriptions for Highway, Heavy,Utilities,and Industrial Construction in Texas. Page 1 of 1 2013 PREVAILING WAGE RATES (Commercial Construction Projects) CLASSIFICATION DESCRIPTION Wage Rate AC Mechanic $ 25.24 AC Mechanic Helper $ 13.67 Acoustical Ceiling Installer $ 16.83 Acoustical Ceiling Installer Helper $ 12.70 Bricklayer/Stone Mason $ 19.45 Bricklayer/Stone Mason Trainee $ 13.31 Bricklayer/Stone Mason Helper $ 10.91 Carpenter $ 17.75 Carpenter Helper $ 14.32 Concrete Cutter/Sawer $ 17.00 Concrete Cutter/Sawer Helper $ 11.00 Concrete Finisher $ 15.77 Concrete Finisher Helper $ 11.00 Concrete Form Builder $ 15.27 Concrete Form Builder Helper $ 11.00 Drywall Mechanic $ 15.36 Drywall Helper $ 12.54 Drywall Taper $ 15.00 Drywall Taper Helper $ 11.50 Electrician(Journeyman) $ 19.63 Electrician Apprentice(Helper) $ 15.64 Electronic Technician $ 20.00 Floor Layer $ 18.00 Floor Layer Helper $ 10.00 Glazier $ 21.03 Glazier Helper $ 12.81 Insulator $ 16.59 Insulator Helper $ 11.21 Laborer Common $ 10.89 Laborer Skilled $ 14.15 Lather $ 12.99 Metal Building Assembler $ 16.00 Metal Building Assembler Helper $ 12.00 Metal Installer(Miscellaneous) $ 13.00 Metal Installer Helper(Miscellaneous) $ 11.00 Metal Stud Framer $ 16.12 Metal Stud Framer Helper $ 12.54 Painter $ 16.44 Painter Helper $ 9.98 Pipefitter $ 21.22 Pipefitter Helper $ 15.39 Plasterer $ 16.17 Plasterer Helper $ 12.85 Plumber $ 21.98 Plumber Helper $ 15.85 Reinforcing Steel Setter $ 12.87 Page 1 of 2 Reinforcing Steel Setter Helper $ 11.08 Roofer $ 16.90 Roofer Helper $ 11.15 Sheet Metal Worker $ 16.35 Sheet Metal Worker Helper $ 13.11 Sprinkler System Installer $ 19.17 Sprinkler System Installer Helper $ 14.15 Steel Worker Structural $ 17.00 Steel Worker Structural Helper $ 13.74 Waterproofer $ 15.00 Equipment Operators Concrete Pump $ 18.50 Crane,Clamsheel,Backhoe, Derrick, D'Line Shovel $ 19.31 Forklift $ 16.45 Foundation Drill Operator $ 22.50 Front End Loader $ 16.97 Truck Driver $ 16.77 Welder $ 19.96 Welder Helper $ 13.00 The prevailing wage rates shown for Commercial construction projects were based on a salary survey conducted and published by the North Texas Construction Industry(Fall 2012)Independently compiled by the Lane Gorman Trubitt,PLLC Construction Group. The descriptions for the classifications listed are provided on the TEXO's(The Construction Association)website. www.texoassociation.org/Chapter/wagerates.asp Page 2 of 2 AP-1 Bridge Location, Quantity Summaries, Plans and Details 4' �2" 44 - -FORTWORTH 4 62" 3" 3., -=Project Title 4' 82., Funding 3" 12 Contractor: 22" Contractor's Name—,. 2 11" 12 Questions on this Project Call: 2 12" (817) 392 - XXXX 1" 12" After Hours Call: (817) 392 - XXXX 22" R,"TYP. V,TYP. FONTS: NOTES: FORT WORTH LOGO IN CHELTINGHAM BOLD IF APPLICABLE TO THE PROJECT, ALL OTHER LETTERING IN ARIAL BOLD CONTRACTOR SHALL OBTAIN VINYL STICKER"CITY GAS LEASE REVENUE COLORS: IN ACTION"/LOGO AT CDR SIGN AND FORT WORTH-PMS 288-BLUE ENGRAVING,6311 EAST LANCASTER LONGHORN LOGO-PMS 725-BROWN AVE(817-451-4684),PEEL AND PLACE LETTERING-PMS 288-BLUE IN FUNDING SECTION. 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