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Contract 52571
city semtK7 d�(/ Couse°ion 13 projee,t Manager El FORT PROJECT MANUAL FOR THE CONSTRUCTION OF Cl-1 Y ECRE ARY CONTRACT NO. �� # ASH CRESCENT NEIGHBORHOOD IMPROVEMENTS (HMAC 2019-5) CDBG STREET REHABILITATION Betsy Price Mayor At Various Locations Primary City Project No. 1014406 David Cooke City Manager Steve Cooke Interim Director, Transportation and Public Works Department Prepared by The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2019 P LANE M. ZARA CE e •w�♦..........................108966 �EG� pit ®�•. �' FT. WORTH, H, I FORTWORTH. 41,01 City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 - I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page I of 4 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions 0005 10 Mayor and Council Communication 00 05 i 5 Addend-a 00 11 13 Invitation to Bidders 0021 13 Instructions to Bidders 0032 15 Construction Project Schedule 0035 13 Conflict of Interest Affidavit 0041 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 00 43 37 Vendor Compliance to State Law. Nonresident Bidder 0045 11 Bidders Prequalifications 0045 12 Prequalification Statement 00 45 26 Contractor Compliance with Workers' Compensation Law 00 45 40 Minority Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 0073 00 Supplementary Conditions Division 01- General Requirements 00 1100 Summary of Work 01 2500 Substitution Procedures 01 31 19 Preconstruction Meeting 01 31 20 Project Meetings 01 3233 Preconstruction Video 0133 00 Submittals 0135 13 Special Project Procedures 01 45 23 Testing and Inspection Services 01 50 00 Temporary Facilities and Controls 01 5526 Street Use Permit and Modifications to Traffic Control 0157 13 Stonn Water Pollution Prevention Plan 01 58 13 Temporary Project Signage 01 6000 Product Requirements 01 66 00 Product Storage and Handling Requirements 01 70 00 Mobilization and Remobilization 01 71 23 Construction Staking and Survey 01 7123.01 Survey Staking Standards 01 74 23 Cleaning 01 77 19 Closeout Requirements 01 78 39 Project Record Documents CITY OF, TORT WORTH (HMAC 2019-5) CDsG sTRF-RT REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised February 2, 2016 00 00 00 - 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 4 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: ht s:// roject oint.buzzsaw.coiiVelient/fortworth ov/Resources/02%20- %20Construction%2ODocuments/Specifications Division 02 - Existing Conditions 0241 15 Paving Removal Division 03 - Concrete 03 3000 Cast -III -Place Concrete Division 26 - Electrical 260500 6nTnn Ccff avr1 Results for-Ezcc+riG1 2605 -n Demolition rfoi Electrical a jit^ ms 260533 Raceways n.7 Bows F r Ele trical1 Systems Division 31 - Earthwork 31 1000 Site Clearing 3123 16 Unclassified Excavation 312500 Erosion and Sediment Control Division 32 - Exterior Improvements 32 1133 Cement Treated Base Courses 32 11 37 Liquid Treated Soil Stabilizer 32 12 16 Asphalt Paving 32 13 20 Concrete Sidewalks, Driveways and Barrier Tree Ramps 32 1613 Concrete Curb and Gutters and Valley Gutters 32 1723 Pavement Markings 32 17 25 Curb Address Painting 32 32 13 Cast-in-PIace Concrete Retaining Walls 3291 19 Topsoil Placement and Finishing of Parkways 32 92 13 Hydro -Mulching, Seeding, and Sodding 32 93 43 Trees and Shrubs Division 33 - Utilities 33 05 13 Frame, Cover and Grade Rings -Cast Iron 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade Division 34 - Transportation 3471 13 Traffic Control Appendix CITY OF FORT WORTH (I) MAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised February 2, 2016 000000-3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 4 GC--6.06.1) Minority and Women Owned Business Enterprise Compliance: Included GC-6.07 Wage Rates: Included GC-6.09 Permits and Utilities: GC-6.29- Nondiscrimination: "None" GN- 1.00 General Notes ,SD- 1,00 Standard Details FRF- 1.00 Federal Requirements for CDBG Funds MP- 1.00 Project Map END OF SECTION CITY OF FORT WORTH (IIMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised February 2, 2016 M&C Review page 1 of OffkW site brine Eity of Fort Waitfi, Tl ja6 CITY COUNCIL AGENDA FoRTI COUNCIL ACTION: Approved on 612512019 REFERENCE , 20ASH CRESCENT DATE: 612512019 NO.: C-29165 LOG NAME: NEIGHBORHOOD & K CANTEY IMPROVEMENTS CODE: C TYPE- CONSENT PUBLIC N HEARING: SUBJFCT: Authorize Execution oI a Cnntract with F N H Ccnstruction, LLC., In the Amount of $1,140,827.50 for the 2019-5 CDaG Project Which Includes Street and Sidewalk Imprcygr�ents In the Ash Cresrant Ne1ghbarhood and orr West Cantey Street in the South Hlkmph11I Hekghts Neighborhood (00.0 IL DISTRI T 0.anO 9.) REOOMMI=NOATION- Gt Is recornmended that the Olty Council: 1. Authorize the execution of a contract with FNH CcrrstructIon. L.L. in the amount of $1.140.827.50 in Community Development Block Grant (CDBO) funds for the 2019-5 GDBG Project to include street arid sidewalk improvennents in the Ash Crescent Neighborhood and on Nest Cantey Street in the South Hemphill Heights Neighborhood which are In eligible low- and moderate- [Pico me neighborhoods (City Project Nos- 101786 and 100000); and - A4uthorl a substitution of Action Plan FUnding years selected in order to aehleue project goals DISCUSSION: Dry August 7, 2018, through Mayor and Council Communication (M&C G -I9328(Devised)), the C Ity Council approved the Clty's 2018-2019 Annual Action Plan WhIch Included $776,855.80 In Community DeveIopment Bieck Grant (CDBO) fund for street and sidewalk Improvements in the Ash Crescent NeIghborhood Improvement Target Area- A public notice 0nnounc€rrg the aura€lable funding and wh€ch street segmants would see Improvements ran in the Forf l arva Sian-T510grem on April 22, 2019. A public ccrnmenI period was held fro.rn April 22, 2019 to May 21, 2019, A pubfic notice published in the Fail l odh Star -Telegram on June 5, 20113, informed the public that $407,404,51 in CDBC funds previously set as€de for the South Hemphill Heights Model Block was allocated for speclfic street and sidewalk Improvements to the 700-900 blacks of VV. Cantey Street located wlthIn the Model 151ouk area. A public comment period is befng held from June 5, 2019 to July 5, 2019. Implermentatlon of the project will result in the fallowing fmprovements- Street Segment Sidewalk Installation Street Reconstruction 1 000-170 Colvin Street (rrorn 5 RiversRde Dr. - Beizise Ter.) 17 00 -179 9 Talton Avenue {from Ash Crescent S1. - Belzise Ter, } x 2800- 2799 Ash Crescent Street (From Colvin St. - BelzIse Ter.) x 27B9-2899 Bel7-Ese Terrace (trorn Ash Crescent 8t - Glen Carden Dr) 1701-1800 Glen Garden Chive (from Beizise Ter. - Cobb Park ter, -) 1700-1799 East Morftgslde ❑rkve (from Ash Crescent St - E�itp;llspps.cF r�et.orgyout�sil�racketl� c_r vEew.ss?18=271I1&c0u11ciidate=6125/2019 711t2019 &C review Page 2 of 2 Belzlse Ter 000- 189 Daniel Street (from E_ Richmond Ave. -- E_ Arllrig€or+ Avt�.) x x 700-849 ~Nest Can tay Street {from LIpscomb SL -- HernphIII St ) x x 900-949 West Cantey Street (from College Ave. — Lipscomb St.) [�� 11 x On March 21 and March 28, 2019, both the Ash Oescent Neighborhood and W. Cantey Street projects were advertised for bid together as the HCVIAD 2019-5 CDBO Street RehabiIKati on Project In the Fort Sorfh Star-Te1egr-tm. On April 18, 2019. the following bids were received: Bidders Amount FN H Construction PLC- $1,140.827 55 Jackson Construction, Ltd. 1,36OA9 _5 Labile & Winn, Inc. $1 43 253.5 MOBS Office - FNH Construction, LLC,, is irr compliance with the City's IRDE Ordfriance by committing to 13\% MBE participation on Hs project. The Clty's IVIEE goal on this project Is 13%%, Addltionatly, FNH Construction, LLC Is a certified MIWBE firm., Staff recommends that the CKy Council authorize award a contract to FNH Construction, LL „ in the amount of $1,140,827.50, which Is consistent with the laid amaun1. for the ,ash Crescent and West Cantey Street Improvements Project, The City will use an additional $246.915.52 for inspections, testing and advertising/printing fof a total project amount of $1,387,74 ,p2_ The total amount allocated for this projeoi is $1,387,743.02 end any remaining funds mad+ be used for approved change orders_ This funding requires Interdepartnien#al Letters of Agreement pursuant to applIca ble laws and rag uIEtlons governing the use of fedoraI grant funds_ The'streets recommencled for recfonstructlon are in COUNCIL DISTRICTS 8 and 9. Mapsca 76 , 77R, 77V, and 77Z _ FISCAL INFO RMAT1DNfCERTIFICATION: The Director of Finance cert€fees that funds are avallable in the GranIs Operating Federal Fund, TO �FaJnd Dep rtmeriik A coup PrvJsct Program Activity Budget Rr�f�rer�ce # Amount LD ID Year I „(5harLftald 2) FROM _ IFunnd Department c4 COUn! Project Program Activity BUdget Referance # Amount _: ID ID 1 Yasr (chartfield Subrrked font+ Mpagpr's office bY; Originating netting Department Head: Additional Information Contact: ATTACHMENTS H 019-05 _-MAP PAGE 'i ,pelf H2019.05 MAP PAGE 2.pdf Susan Alanis (8180) Steve Cooke (5134) Stara Cooke (5134) http:llippgxAv;nel.orglooLmai l_packctinic_revie .asp?1 D�271 I 1 &cctill 6ldatc= 125/2019 7f 1l2019 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 00I113-I INVITATION TO BIDDERS Page I of 3 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of Ash Crescent Neighborhood Improvements, (RMAC 2019-5) CDBG STREET REHABILITATION, 101406, will be received by the City of Fort Worth Purchasing Office: City of Fort Worth Purchasing Division 200 Texas Street Fort Worth, Texas 76102 until 1:30 P.M. CST, Thursday, April 18, 2019, and bids will be opened publicly and read aloud at 2:00 PM CST in the Council Chambers. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: Unit 1: Ash Crescent Pedestrian Improvements 12,107 S.F. 4" Concrete Sidewalks 4,741 S.F. 4" Concrete sidewalk, Adjacent to Curb 6,391 S.F. Remove and Replace Concrete Driveway 289 L.F. Remove and Replace Concrete Curb & Gutter 18 EA ADA Ramps Unit 2: E. Morningside Dr. (Ash Crescent St. — Belzise Ter.) 3,840 S.F. Remove and Replace Concrete Driveway 610 L.F. Remove and Replace Concrete Curb & Gutter 2,013 S.Y. 10" Pavement Pulverization 2,013 S.Y. 2" HMAC, Type D Mix Unit 3: Daniel St. (E. Richmond Ave. E. Arlington Ave. 510 L.F. Remove and Replace Concrete Curb & Gutter 3,324 S.F. Remove and Replace Concrete Driveway 3,330 SY Remove and Replace 4" Concrete Sidewalk 2,030 S.Y. 10" Pavement Pulverization 2,030 S.Y. 2" HMAC, Type D Mix MY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 22, 2016 (HMAC 2019 -5) CDBG STREET REHABILITATION 101406 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 001113-2 INVITATION TO BIDDERS Page 2 of 3 Unit 4: BID ALTERNATE — W. Cantey St. (Hemphill St. — College Ave.) 2,790 L.F. Remove and Replace Concrete Curb & Gutter 2,930 S.F. Remove and Replace Concrete Driveway 5,870 S.F. Remove and Replace 4" Concrete Sidewalk 4,100 S.Y. 10" Pavement Pulverization 4,100 S.Y. 2" HMAC, Type D Mix PREQUALIFICATION The improvements included in this project must be performed by a contractor who is pre - qualified by the City at the time of bid opening. The procedures for qualification and pre - qualification are outlined in the Section 00 21 13 — INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained on-line by visiting the City of Fort Worth's Purchasing Division website at http://www.fortworthtexas.goy/purchasin& and clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. The contractor is required to fill out and notarize the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can he obtained at https://www.ethics.state.tx.us/tec/1295-Info.htm . Copies of the Bidding and Contract Documents may be purchased from: : Nikki McLeroy, 817- 392-8363, City of Fort Worth, Transportation & Public Works, 200 Texas St., Fort Worth, TX 76102. The cost of Bidding and Contract Documents is: $35.00 Set of Bidding and Contract Documents with full size drawings: Set of Bidding and Contract Documents with half size (if available) drawings: PREBID CONFERENCE A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following location, date, and time: DATE: Tuesday, April 9, 2019 TIME: 09:00 A.M PLACE: Transportation & Public Works, 200 Texas St., RM4: 270, Fort Worth, TX 76102 LOCATION: Municipal Building, 2nd. Floor CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject bids. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 22, 2016 (I3MAC 2019 -5) CDBG STREET REIIAMUTATION 101406 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 00 11 13-3 INVITATION TO BIDDERS Page 3 of 3 FUNDING Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from revenues generated from bonds and dedicated by Resolution to the work under this INVITATION TO BIDDERS. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Kristian Sugrim, City of Fort Worth Email: Kristian.Sugrim@fortworthtexas.gov Phone: 817-392-8902 ADVERTISEMENT DATES March 21, 2019 March 28, 2019 19 END OF SECTION CITY Of FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUWNTS Revised December 22, 2016 (I-24AC 2019 -5) CDBG STREET RE14ABILITATION 101406 0021 13 - 1 INSTRUCTIONS TO BIDDERS Page I of 10 1 SECTION 00 2113 3 2 INSTRUCTIONS TO BIDDERS 3 4 1. Defined Terms 5 6 1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 7 00 - GENERAL CONDITIONS. 8 9 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 10 meanings indicated below which are applicable to both the singular and plural thereof. 11 12 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting 13 directly through a duly authorized representative, submitting a bid for performing 14 the work contemplated udder the Contract Documents. 15 16 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or 17 corporation acting directly through a duly authorized representative, submitting a 18 bid for performing the work contemplated under the Contract Documents whose 19 principal place of business is not in the State of Texas. 20 21 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 22 (on the basis of City's evaluation as hereinafter provided) makes an award. 23 24 2. Copies of Bidding Documents 25 26 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 27 resulting from the Bidders use of incomplete sets of Bidding Documents. 28 29 2.2. City and Engineer in making copies of Bidding Documents available do so only for the 30 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 31 for any other use. 32 33 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 34 35 3,1, All Bidders and their subcontractors arc required to be prequalified for the work types 36 requiring prequalification at the time of bidding. Bids received from contractors who are 37 not prequalified (even if inadvertently opened) shall not be considered. Prequalification 38 requirement work types and documentation are as follows: 39 40 3,1.1. Paving — Requirements document located at; 41 https JI proj eetpoint.buzzsaw. Com/fortworthgov/Resources/02%20- 42 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%20Paving. 43%20Contractor%2OPrequalification%2OProgfam/PREQUALIFICATION%20REQ 44 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public 45 ^ 46 3.1.2. Roadway and Pedestrian Lighting — Requirements document located at; CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised August 21, 2015 0021 13 - 2 INSTRUCTIONS TO BIDDERS Page 2 of 10 I litt s:// rojeet oint.buzzsaw.com/fortwoi-th ov/Resources/02%20- 2 %20Construction%2ODocuments/Contractor%2OPrequalificatiotuTPW%2OPaving 3 %20Contractor%2OPreguali ication%2OProgam/PREQUALIFICATION%20REQ 4 UIREMENTS%201"OR°/o2OPAVING°/a2000NTRACTORS.PDF?public 5 6 3.1.3. Water and Sanitary Sewer — Requirements document located at; 7 https://projeetpoint.buzzsaw.com/fortworthgov/Resources/02%20- 8 %20Construction%2ODoctiments/Contractor%2OPrequalification/Water%o2Oand%2 9 OSanitary%2OSewer%2OContractor%2OPrequalification%2OProgram/WSS%20pre 10gual%20requirements.doc?public I 12 13 3.2. Each Bidder unless currently prequalified, must be prepared to submit to City within 14 seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 15 45 11, BIDDERS PREQUALIFICATIONS. 16 17 3.2. I. Submission of and/or questions related to prequalification should be addressed to 18 the City contact as provided in Paragraph 6.1. 19 20 21 3.3. The City reserves the right to require any pre -qualified contractor who is the apparent low 22 bidder(s) for a project to submit such additional information as the City, in its sole 23 discretion may require, including but not limited to manpower and equipment records, 24 information about key personnel to be assigned to the project, and construction schedule, 25 to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to 26 deliver a quality product and successfully complete projects for the amount bid within 27 the stipulated time frame. Based upon the City's assessment of the submitted 28 information, a recommendation regarding the award of a contract will be made to the 29 City Council. Failure to submit the additional information, if requested, may be grounds 30 for rejecting the apparent low bidder as non -responsive. Affected contractors will be 31 notified in writing of a recommendation to the City Council. 32 33 3.4. In addition to prequalification, additional requirements for qualification may be required 34 within various sections of the Contract Documents. 35 36 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 37 38 4.1, Before submitting a Bid, each Bidder shall: 39 40 4.1.1. Examine and carefully study the Contract Documents and other related data 41 identified in the Bidding Documents (including "technical data" referred to in 42 Paragraph 4.2. below). No information given by City or any representative of the 43 City other than that contained in the Contract Documents and officially 44 promulgated addenda thereto, shall be binding upon the City. 45 46 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 47 site conditions that may affect cost, progress, performance or furnishing of the 48 Work. 49 CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised August 21, 20IS 0021 13 - 3 INSTRUCTIONS TO BIDDERS Page 3 of 10 1 4.1.3. Consider federal, state and Iocal Laws and Regulations that may affect cost, 2 progress, performance or furnishing of the Work. 3 4 4.1.4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Be advised, City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration of award. 4.1.5. Study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. On request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal is prima -facie evidence that the Bidder has made the investigation, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 21, 2015 (HNiAC 2019-5) CD13G STREET REHABILITATION 101406 0021 13 - 4 INSTRUCTIONS TO BIDDERS Page 4 of 10 1 4.1.9. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 2 between the Contract Documents and such other related documents. The Contractor 3 shall not take advantage of any gross error or omission in the Contract Documents, 4 and the City shall be permitted to make such corrections or interpretations as may 5 be deemed necessary for fulfillment of the intent of the Contract Documents. 6 7 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of 8 9 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 10 the site which have been utilized by City in preparation of the Contract Documents. 11 The logs of Soil Borings, if any, on the plans are for general information only. 12 Neither the City nor the Engineer guarantee that the data shown is representative of 13 conditions which actually exist. 14 15 4.2.2. those drawings of physical conditions in or relating to existing surface and 16 subsurface structures (except Underground Facilities) which are at or contiguous to 17 the site that have been utilized by City in preparation of the Contract Documents. 18 19 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 20 on request. Those reports and drawings may not be part of the Contract 21 Documents, but the "technical data" contained therein upon which Bidder is entitled 22 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 23 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 24 responsible for any interpretation or conclusion drawn from any "technical data" or 25 any other data, interpretations, opinions or information. 26 27 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) 28 that Bidder has complied with every requirement of this Paragraph 4, (ii) that without 29 exception the Bid is premised upon performing and furnishing the Work required by the 30 Contract Documents and applying the specific means, methods, techniques, sequences or 31 procedures of construction (if any) that may be shown or indicated or expressly required 32 by the Contract Documents, (iii) that Bidder has given City written notice of all 33 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 34 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 35 etc., have not been resolved through the interpretations by City as described in 36 Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate 37 and convey understanding of all terms and conditions for performing and furnishing the 38 Work. 39 40 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 41 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 42 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract 43 Documents. 44 45 S. Availability of Lands for Work, Etc. 46 CITY OF FORT WORTH (HKIAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised August 21, 2015 0021 13 - 5 INSTRUCTIONS TO BIDDERS Page 5 of 10 1 5.1. The lands upon which the Work is to be performed, rights -of -way and casements for 2 access thereto and other lands designated for use by Contractor in performing the Work 3 are identified in the Contract Documents. All additional lands and access thereto 4 required for temporary construction facilities, construction equipment or storage of 5 materials and equipment to be incorporated in the Work are to be obtained and paid for 6 by Contractor. Easements for permanent structures or permanent changes in existing 7 facilities are to be obtained and paid for by City unless otherwise provided in the 8 Contract Documents. 10 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 11 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 12 of -way, easements, and/or permits are not obtained, the City reserves the right to cancel 13 the award of contract at any time before the Bidder begins any construction work on the 14 project. 15 16 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 17 way, casements, and/or permits, and shall submit a schedule to the City of how 18 construction will proceed in the other areas of the project that do not require permits 19 and/or easements. 20 21 6. Interpretations and Addenda 22 23 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to 24 City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions 25 received after this day may not be responded to. Interpretations or clarifications 26 considered necessary by City in response to such questions will be issued by Addenda 27 delivered to all parties recorded by City as having received the Bidding Documents. 28. Only questions answered by formal written Addenda will be binding. Oral and other 29 interpretations or clarifications will be without Iegal effect. 30 31 Address questions to: 32 33 City of Fort Worth 34 1000 Throckmorton Street 35 Fort Worth, TX 76102 36 Attn: Kristian Sugrim, Transportation & Public Works 37 Fax: 817-392-8092 38 Email: Kristian.Sugrim@fortworthtexas.gov 39 Phone: 817-392-8902 40 41 42 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by 43 City. 44 45 6.3. A prebid conference may be held at the time and place indicated in the Advertisement or 46 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 47 Project. Bidders are encouraged to attend and participate in the conference. City will 48 transmit to all prospective Bidders of record such Addenda as City considers necessary 49 in response to questions arising at the conference. Oral statements may not be relied 50 upon and will not be binding or legally effective. 51 CITY OF FORT WORTH (11MAC 2019-5) CDBG STRFFT REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101906 Revised August 21, 2015 002113-6 INSTRUCTIONS TO BIDDERS Page 6 of 10 1 7. Bid Security 2 3 7.1. Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 4 (5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 5 the requirements of Paragraphs 5.01 of the General Conditions. 6 7 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 8 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 9 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 10 default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 11 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 12 other Bidders whom City believes to have a reasonable chance of receiving the award 13 will be retained by City until final contract execution. 14 15 8. Contract Times 16 The number of days within which, or the dates by which, Milestones are to be achieved in 17 accordance with the General Requirements and the Work is to be completed and ready for 18 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 19 attached Bid Form. 20 21 9. Liquidated Damages 22 Provisions for liquidated damages are set forth in the Agreement. 23 24 10. Substitute and "Or -Equal" Items 25 The Contract, if awarded, will be on the basis of materials and equipment described in the 26 Bidding Documents without consideration of possible substitute or "or -equal" items. 27 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or- 28 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 29 City, application for such acceptance will not be considered by City until after the Effective 30 Date of the Agreement. The procedure for submission of any such application by Contractor 31 and consideration by City is set forth in Paragraphs 6.05A., 6.0513. and 6.05C, of the General 32 Conditions and is supplemented in Section 0125 00 of the General Requirements. 33 34 11. Subcontractors, Suppliers and Others 35 36 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 37 12-2011 (as amended), the City has goals for the participation of minority business 38 and/or small business enterprises in City contracts. A copy of the Ordinance can be 39 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 40 SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor 41 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 42 Venture Form as appropriate. The Forms including documentation must be received 43 by the City no later than 2:00 P.M. CST, on the second business days after the bid 44 opening date. The Bidder shall obtain a receipt from the City as evidence the 45 documentation was received. Failure to comply shall render the bid as non- 46 responsive. 47 48 11.2, No Contractor shall be required to employ any Subcontractor, Supplier, other person 49 or organization against whom Contractor has reasonable objection. 50 CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised August 21, 2015 0021 13 - 7 INSTRUCTIONS TO BIDDERS Page 7 of 10 1 12. Bid Form 2 3 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 4 obtained from the City. 5 6 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 7 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 8 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 9 price item listed therein. In the case of optional alternatives, the words "No Bid," 10 "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, I I written in ink in both words and numerals, for which the Bidder proposes to do the 12 work contemplated or furnish materials required. All prices shall be written legibly. 13 In case of discrepancy between price in written words and the price in written 14 numerals, the price in written words shall govern. 15 16 12.3. Bids by corporations shall be executed in the corporate name by the president or a 17 vice-president or other corporate officer accompanied by evidence of authority to 18 sign. The corporate seal shall be affixed. The corporate address and state of 19 incorporation shall be shown below the signature. 20 21 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 22 partner, whose title must appear under the signature accompanied by evidence of 23 authority to sign. The official address of the partnership shall be shown below the 24 signature. 25 26 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 27 member and accompanied by evidence of authority to sign. The state of formation of 28 the firm and the official address of the firm shall be shown. 29 30 12.6. Bids by individuals shall show the Bidder's name and official address. 31 32 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 33 indicated on the Bid Form. The official address of the joint venture shall be shown. 34 35 12.8. All names shall be typed or printed in ink below the signature. 36 37 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 38 which shall be filled in on the Bid Form. 39 40 12.10. Postal and e-mail addresses and telephone number for communications regarding the 41 Bid shall be shown. 42 43 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 44 Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance 45 to State Law Non Resident Bidder. 46 CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised August 21, 2015 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 10 1 13. Submission of Bids 2 Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, 3 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 4 addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed 5 envelope, marked with the City Project Number, Project title, the name and address of 6 Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent 7 through the mail or other delivery system, the sealed envelope shall be enclosed in a separate 8 envelope with the notation "BID ENCLOSED" on the face of it. 9 10 14. Modification and. Withdrawal of Bids 11 12 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office 13 cannot be withdrawn prior to the time set for bid opening. A request for withdrawal 14 must be made in writing by an appropriate document duly executed in the manner 15 that a Bid must be executed and delivered to the place where Bids are to be submitted 16 at any time prior to the opening of Bids. After all Bids not requested for withdrawal 17 are opened and publicly read aloud, the Bids for which a withdrawal request has been 18 properly filed may, at the option of the City, be returned unopened. 19 20 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 21 time set for the closing of Bid receipt. 22 23 15. Opening of Bids 24 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 25 abstract of the amounts of the base Bids and major alternates (if any) will be made available 26 to Bidders after the opening of Bids. 27 28 16. Bids to Remain Subject to Acceptance 29 All Bids will remain subject to acceptance for the time period specified for Notice of Award 30 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 31 City's sole discretion, release any Bid and nullify the Bid security prior to that date. 32 33 17. Evaluation of Bids and Award of Contract 34 35 17.1. City reserves the right to reject any or all Bids, including without Iimitation the rights 36 to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 37 and to reject the Bid of any Bidder if City believes that it would not be in the best 38 interest of the Project to make an award to that Bidder, whether because the Bid is 39 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 40 meet any other pertinent standard or criteria established by City. City also reserves 41 the right to waive informalities not involving price, contract time or changes in the 42 Work with the Successful Bidder. Discrepancies between the multiplication of units 43 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 44 between the indicated sum of any column of figures and the correct sum thereof will 45 be resolved in favor of the correct sum. Discrepancies between words and figures 46 will be resolved in favor of the words. 47 CITY OF FORT WORTH (HMAC 2019-5) CABG STRFET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised August 21, 2015 0021 13 - 9 INSTRUCTIONS TO BIDDERS Page 9 of 10 1 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 2 among the Bidders, Bidder is an interested party to any litigation against City, 3 City or Bidder may have a claim against the other or be engaged in litigation, 4 Bidder is in arrears on any existing contract or has defaulted on a previous 5 contract, Bidder has performed a prior contract in an unsatisfactory manner, or 6 Bidder has uncompleted work which in the judgment of the City will prevent or 7 hinder the prompt completion of additional work if awarded. 8 9 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 10 other persons and organizations proposed for those portions of the Work as to which 11 the identity of Subcontractors, Suppliers, and other persons and organizations must 12 be submitted as provided in the Contract Documents or upon the request of the City. 13 City also may consider the operating costs, maintenance requirements, performance 14 data and guarantees of major items of materials and equipment proposed for 15 incorporation in the Work when such data is required to be submitted prior to the 16 Notice of Award. 17 18 17.3. City may conduct such investigations as City deems necessary to assist in the 19 evaluation of any Bid and to establish the responsibility, qualifications, and financial 20 ability of Bidders, proposed Subcontractors, Suppliers and other persons and 21 organizations to perform and furnish the Work in accordance with the Contract 22 Documents to City's satisfaction within the prescribed time. 23 24 17.4. Contractor shall perform with his own organization, work of a value not less than 25 35% of the value embraced on the Contract, unless. otherwise approved by the City. 26 27 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 28 responsive Bidder whose evaluation by City indicates that the award will be in the 29 best interests of the City. 30 31 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award 32 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 33 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 34 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 35 comparable contract in the state in which the nonresident's principal place of 36 business is located. 37 38 17.7. A contract is not awarded until formal City Council authorization. if the Contract is 39 to be awarded, City will award the Contract within 90 days after the day of the Bid 40 opening unless extended in writing. No other act of City or others will constitute 41 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 42 the City. 43 44 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 45 46 118. Signing of Agreement 47 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 48 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 49 Contractor shall sign and deliver the required number of counterparts of the Agreement to 50 City with the required Bonds, Certificates of Insurance, and all other required documentation. 51 City shall thereafter deliver one fully signed counterpart to Contractor. CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS I01406 Revised August 21, 2015 0021 13-10 INSTRUCTIONS TO BIDDERS Page 10 of 10 END OF SECTION CITY OF FORT WORTH (HMAC 2019-5) CABG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised August 21, 2015 003215-0 CONSTRUCTION PROGRESS SCHEDULE SECTION 00 32 15 CONSTRUCTION PROJECT SCHEDULE PART1- GENERAL 1.1 SUMMARY Page 1 of 10 A. Section Includes: 1. GeneraI requirements for the preparation, submittal, updating, status reporting and management of the Construction Project Schedule B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements D. Purpose The City of Fort Worth (City) is committed to delivering quality, cost-effective infrastructure to its citizens in a timely manner. A key tool to achieve this purpose is a properly structured schedule with accurate updates. This supports effective monitoring of progress and is input to critical decision making by the project manager throughout the life of the project. Data from the updated project schedule is utilized in status reporting to various levels of the City organization and the citizenry. This Document complements the City's Standard Agreement to guide the construction contractor (Contractor) in preparing and submitting acceptable schedules for use by the City in project delivery. The expectation is the performance of the work follows the accepted schedule and adhere to the contractual timeline. The Contractor will designate a qualified representative (Project Scheduler) responsible for developing and updating the schedule and preparing status reporting as required by the City. 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 2. Non-compliance with this specification is grounds for City to withhold payment of the Contractor's invoices until Contractor achieves said compliance. 1.3 REFERENCES A. Project Schedules Each project is represented by City's master project schedule that encompasses the entire scope of activities envisioned by the City to properly deliver the work. When the City contracts with a Contractor to perform construction of the Work, the Contractor CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD SPECIFICATION 101406 Revised JULY 20, 2018 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 10 will develop and maintain a schedule for their scope of work in alignment with the City's standard schedule requirements as defined herein. The data and information of each such schedule will be leveraged and become integral in the master project schedule as deemed appropriate by the City's Project Control Specialist and approved by the City's Project Manager. 1. Master Project Schedule The master project schedule is a holistic representation of the scheduled activities and milestones for the total project and be Critical Path Method (CPM) based. The City's Project Manager is accountable for oversight of the development and maintaining a master project schedule for each project. When the City contracts for the design and/or construction of the project, the master project schedule will incorporate elements of the Design and Construction schedules as deemed appropriate by the City's Project Control Specialist. The assigned City Project Control Specialist creates and maintains the master project schedule in P6 (City's scheduling software). 2. Construction Schedule The Contractor is responsible for developing and maintaining a schedule for the scope of the Contractor's contractual requirements. The Contractor will issue an initial schedule for review and acceptance by the City's Project Control Specialist and the City's Project Manager as a baseline schedule for Contractor's scope of work. Contractor will issue current, accurate updates of their schedule (Progress Schedule) to the City at the end of each month throughout the life of their work. B. Schedule Tiers The City has a portfolio of projects that vary widely in size, complexity and content requiring different scheduling to effectively deliver each project. The City uses a "tiered" approach to align the proper schedule with the criteria for each project. The City's Project Manager determines the appropriate schedule tier for each project, and includes that designation and the associated requirements in the Contractor's scope of work. The following is a summary of the "tiers". Tier 1: Small Size and Short Duration Project (design not required) The City develops and maintains a Master Project Schedule for the project. No schedule submittal is required from Contractor. City's Project Control Specialist acquires any necessary schedule status data or information through discussions with the respective party on an as -needed basis. 2. Tier 2: Small Size and Short to Medium Duration Project The City develops and maintains a Master Project Schedule for the project. The Contractor identifies "start" and "finish" milestone dates on key elements of their work as agreed with the City's Project Manager at the kickoff of their work effort. The Contractor issues to the City, updates to the "start" and "finish" dates for such milestones at the end of each month throughout the life of their work on the project. 3. Tier 3: Medium and Large Size and/or Complex Projects Regardless of Duration The City develops and maintains a Master Project Schedule for the project. The Contractor develops a Baseline Schedule and maintains the schedule of their respective scope of work on the project at a level of detail (generally Level 3) and in CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD SPECIFICATION 101406 Revised JULY 20, 201 S 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 10 alignment with the WBS structure in Section 1.4.H as agreed by the Project Manager. The Contractor issues to the City, updates of their respective schedule (Progress Schedule) at the end of each month throughout the life of their work on the project. C. Schedule Types Project delivery for the City utilizes two types of schedules as noted below. The City develops and maintains a Master Project Schedule as a "baseline" schedule and issue monthly updates to the City Project Manager (end of each month) as a "progress" schedule. The Contractor prepares and submits each schedule type to fulfill their contractual requirements. 1. Baseline Schedule The Contractor develops and submits to the City, an initial schedule for their scope of work in alignment with this specification. Once reviewed and accepted by the City, it becomes the `Baseline" schedule and is the basis against which all progress is measured. The baseline schedule will be updated when there is a change or addition to the scope of work impacting the duration of the work, and only after receipt of a duly authorized change order issued by the City. In the event progress is significantly behind schedule, the City's Project Manager may authorize an update to the baseline schedule to facilitate a more practical evaluation of progress. An example of a Baseline Schedule is provided in Specification 00 32 15.1 Construction Project Schedule Baseline Example. 2. Progress Schedule The Contractor updates their schedule at the end of each month to represent the progress achieved in the work which includes any impact from authorized changes in the work. The updated schedule must accurately reflect the current status of the work at that point in time and is referred to as the "Progress Schedule". The City's Project Manager and Project Control Specialist reviews and accepts each progress schedule. In the event a progress schedule is deemed not acceptable, the unacceptable issues are identified by the City within 5 working days and the Contractor must provide an acceptable progress schedule within 5 working days after receipt of non -acceptance notification. An example of a Progress Schedule is provided in Specification 00 32 15.2 Construction Project Schedule Progress Example. 1.4 CITY STANDARD SCHEDULE REQUIREMENTS The following is an overview of the methodology for developing and maintaining a schedule for delivery of a project. A. Schedule Framework The schedule will be based on the defined scope of work and follow the (Critical Path Methodology) CPM method. The Contractor's schedule will align with the requirements of this specification and will be cost -loaded to reflect their plan for execution. Overall schedule duration will align with the contractual requirements for the respective scope of work and be reflected in City's Master Project Schedule. The Project Number and Name of the Project is required on each schedule and must snatch the City's project data. B. Schedule File Name CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD SPECIFICATION 101406 Revised 7ULY 20, 2019 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 10 All schedules submitted to the City for a project will have a file name that begins with the City's project number followed by the name of the project followed by baseline (if a baseline schedule) or the year and month (if a progress schedule), as shown below. • Baseline Schedule File Name Format: City Project Number Project Name —Baseline Example: 101376 North Montgomery Street HMAC_Baseline + Progress Schedule File Name Format: City .Project NumberProject Name—YYYY-MM Example: 101376 North Montgomery Street HMAC 2018_01 • Project Schedule Progress Narrative File Name Format: City Project Number_Y Project Name-MM Example: 101376 North Montgomery Street HMAC_PN 2018_01 C. ScheduIe Templates The Contractor will utilize the relevant sections from the City's templates provided in the City's document management system as the basis for creating their respective project schedule. Specifically, the Contractor's schedule will align with the layout of the Construction section. The templates are identified by type of project as noted below. • Arterials • Aviation • Neighborhood Streets • Sidewalks (later) • Quiet Zones (later) • Street Lights (later) • Intersection Improvements (later) • Parks • Storm water • Street Maintenance • Traffic • Water D. Schedule Calendar The City's standard calendar for schedule development purposes is based on a 5-day workweek and accounts for the City's eight standard holidays (New Years, Martin Luther King, Memorial, Independence, Labor, Thanksgiving, day after Thanksgiving, Christmas). The Contractor will establish a schedule calendar as part of the schedule development process and provide to the Project Control Specialist as part of the basis for their schedule. Variations between the City's calendar and the Contractor's calendar must be resolved prior to the City's acceptance of their Baseline project schedule. E. WBS & Milestone Standards for Schedule Development The scope of work to be accomplished by the Contractor is represented in the schedule in the form of a Work Breakdown Structure (WBS). The WBS is the basis for the development of the schedule activities and shall be imbedded and depicted in the schedule. CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD SPECIFICATION 101406 Revised JULY 20, 2018 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 10 The following is a summary of the standards to be followed in preparing and maintaining a schedule for project delivery. I. Contractor is required to utilize the City's WBS structure and respective project type template for "Construction" as shown in Section 1.4.H below. Additional activities may be added to Levels 1 - 4 to accommodate the needs of the organization executing the work. Specifically the Contractor will add activities under WBS XXXXXX.80.83 "Construction Execution" that delineates the activities associated with the various components of the work. 2. Contractor is required to adhere to the City's Standard Milestones as shown in Section 1.4.I below. Contractor will include additional milestones representing intermediate deliverables as required to accurately reflect their scope of work. F. Schedule Activities Activities are the discrete elements of work that make up the schedule. They will be organized under the umbrella of the WBS. Activity descriptions should adequately describe the activity, and in some cases the extent of the activity. All activities are logically tied with a predecessor and a successor. The only exception to this rule is for "project start" and "project finish" milestones. The activity duration is based on the physical amount of work to be performed for the stated activity, with a maximum duration of 20 working days. If the work for any one activity exceeds 20 days, break that activity down incrementally to achieve this duration constraint. Any exception to this requires review and acceptance by the City's Project Control Specialist. G. Change Orders When a Change Order is issued by the City, the impact is incorporated into the previously accepted baseline schedule as an update, to clearly show impact to the project timeline. The Contractor submits this updated baseline schedule to the City for review and acceptance as described in Section 1.5 below. Updated baseline schedules adhere to the following: 1. Time extensions associated with approved contract modifications are limited to the actual amount of time the project activities are anticipated to be delayed, unless otherwise approved by the Program Manager. 2. The re-baselined schedule is submitted by the Contractor within ten workriays after the date of receipt of the approved Change Order. The changes in logic or durations approved by the City are used to analyze the impact of the change and is included in the Change Order. The coding for a new activity(s) added to the schedule for the Change Order includes the Change Order number in the Activity ID. Use as many activities as needed to accurately show the work of the Change Order. Revisions to the baseline schedule are not effective until accepted by the City. H. City's Work Breakdown Structure CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET' REHABILITATION STANDARD SPECIFICATION 101406 Revised . ULY 20, 2018 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 6 of 10 WBS Code WBS Name XXXXXX Project Name XXXXXX.30 Design XXXXXX.30.10 Design Contractor Agreement XXXXXX.30.20 Conceptual Design (30%) XXXXXX.30.30 Preliminary Design (60%) XXXXXX.30.40 Final Design XXXXXX.30.50 Environmental XXXXXX.30.60 Permits XXXXXX.30.60.10 Permits - Identification XXXXXX.30.60.20 Permits - Review/Approve XXXXXX.40 ROW & Easements XXXXXX.40.10 ROW Negotiations XXXXXX.40.20 Condemnation XXXXXX.70 Utility Relocation XXXXXX.70.10 Utility Relocation Co-ordination XXXXXX.80 Construction XXXXXX.80.81 Bid and Award XXXXXX.80.83 Construction Execution XXXXXX.80.85 Inspection XXXXXX.80.86 Landscaping XXXXXX.90 Closeout XXXXXX.90.10 Construction Contract Close-out XXXXXX.90.40 Design Contract Closure 1. City's Standard Milestones The following milestone activities (i.e., important events on a project that mark critical points in time) are of particular interest to the City and must be reflected in the project schedule for all phases of work. Activity ID Activity Name Design 3020 Award Design Agreement 3040 Issue Notice To Proceed - Design Engineer 3100 Design Kick-off Meeting 3120 Submit Conceptual Plans to Utilities, ROW, Traffic, Parks, Storm Water, Water & Sewer 3150 Peer Review Meeting/Design Review meeting (technical) 3160 Conduct Design Public Meeting #1 (required) 3170 Conceptual Design Complete 3220 Submit Preliminary Plans and Specifications to Utilities, ROW, Traffic, Parks, Storm Water, Water & Sewer 3250 Conduct Design Public Meeting #2 (required) 3260 Preliminary Design Complete CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD SPECIFICATION 101406 Revised DULY 20, 2018 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 7 of 10 3310 Submit Final Design to Utilities, ROW, Traffic, Parks, Storm Water, Water & Sewer 3330 Conduct Design Public Meeting 93 (if required) 3360 Final Design Complete ROW & Easements 4000 Right of Way Start 4230 Right of Way Complete Utility Relocation 7000 Utilities Start 7120 Utilities Cleared/Complete Construction Bid and Award 8110 Start Advertisement 8150 Conduct Bid Opening 8240 Award Construction Contract Construction Execution 8330 Conduct Construction Public Meeting #4 Pre -Construction 8350 Construction Start 8370 Substantial Completion 8540 Construction Completion 9130 Notice of Completion/Green Sheet 9150 Construction Contract CIosed 9420 Design Contract Closed 1.5 SUBMITTALS A. Schedule Submittal & Review The City's Project Manager is responsible for reviews and acceptance of the Contractor's schedule. The City's Project Control Specialist is responsible for ensuring alignment of the Contractor's baseline and progress schedules with the Master Project Schedule as support to the City's Project Manager, The City reviews and accepts or rejects the schedule within ten workdays of Contractor's submittal. 1. ,Schedule format The Contractor will submit each schedule in two electronic forms, one in native file format (.xer, .xml, .mpx) and the second in a pdf format, in the City's document management system in the location dedicated for this purpose and identified by the Project Manager. In the event the Contractor does not use Primavera P6 or MS Project for scheduling purposes, the schedule information must be submitted in .xis or .xlsx format in compliance with the sample layout (See Specification 00 32 115.1 Construction Project Schedule Baseline Example), including activity predecessors, successors and total float. 2. Initial & Baseline Schedule The Contractor will develop their schedule for their scope of work and submit their initial schedule in electronic form (in the file formats noted above), in the City's document management system in the location dedicated for this purpose within ten workdays of the Notice ofAward. CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD SPECIFICATION 101406 Revised JULY 20, 20I8 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page S of 10 The City's Project Manager and Project Control Specialist review this initial schedule to determine alignment with the City's Master Project Schedule, including format & WBS structure. Following the City's review, feedback is provided to the Contractor for their use in finalizing their initial schedule and issuing (within five workdays) their Baseline Schedule for final review and acceptance by the City. 3. Progress Schedule The Contractor will update and issue their project schedule (Progress Schedule) by the last day of each month throughout the life of their work on the project. The Progress Schedule is submitted in electronic form as noted above, in the City's document management system in the location dedicated for this purpose. The City's Project Control team reviews each Progress Schedule for data and information that support the assessment of the update to the schedule. In the event data or information is missing or incomplete, the Project Controls Specialist communicates directly with the Contractor's scheduler for providing same. The Contractor re -submits the corrected Progress Schedule within 5 workdays, following the submittal process noted above. The City's Project Manager and Project Control Specialist review the Contractor's progress schedule for acceptance and to monitor performance and progress. The following list of items are required to ensure proper status information is contained in the Progress Schedule. • Baseline Start date • Baseline Finish Date • % Complete • Float • Activity Logic (dependencies) • Critical Path • Activities added or deleted • Expected Baseline Finish date • Variance to the Baseline Finish Date B. Monthly Construction Status Report The Contractor submits a written status report (referred to as a progress narrative) at the end of each month to accompany the Progress Schedule submittal, using the standard format provided in Specification 00 32 15.3 Construction Project Schedule Progress Narrative. The content of the Construction Project Schedule Progress Narrative should be concise and complete to: • Reflect the current status of the work for the reporting period (including actual activities started and/or completed during the reporting period) • Explain variances from the baseline on critical path activities • Explain any potential schedule conflicts or delays • Describe recovery plans where appropriate • Provide a summary forecast of the work to be achieved in the next reporting period. C. Submittal Process CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD SPECIFICATION 101406 Revised JULY 20, 2018 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 9 of 10 • Schedules and Monthly Construction Status Reports are submitted in Buzzsaw following the steps outlined in Specification 00 32 15.4 Construction Project Schedule Submittal Process. a Once the project has been completed and Final Acceptance has been issued by the City, no further progress schedules or construction status reports are required from the Contractor. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. The person preparing and revising the Contractor's Project Schedule shall be experienced in the preparation of schedules of similar complexity. B. Schedule and supporting documents addressed in this Specification shall be prepared, updated and revised to accurately reflect the performance of the Contractor's scope of work. C. The Contractor is responsible for the quality of all submittals in this section meeting the standard of care for the construction industry for similar projects. 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] 1.13 ATTACHMENTS Spec 00 32 15.1 Construction Project Schedule Baseline Example Spec 00 32 15.2 Construction Project Schedule Progress Example Spec 00 32 15.3 Construction Project Schedule Progress Narrative Spec 00 32 15.4 Construction Project Schedule Submittal Process PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION CITY OF FORT WORTH (I-IMAC 2019-5) CDBG STREET REHABILITATION STANDARD SPECIFICATION 101406 Revised JULY 20, 2018 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 10 of 10 Revision Log DATE NAME SUMMARY OF CHANGE July 20, 20I8 M. Jarrell Initial Issue CITY OF FORT WORTH STANDARD SPECIFICATION (IIMAC 2019-5) CDE3G STREET REHABILITATION 101406 Revised DULY 20, 2018 SECTION 00 32 15.1 CONSTRUCTION PROJECT SCHEDULE — BASELINE EXAMPLE PARTI_ GENERAL The following is an example of a Contractor's project schedule that illustrates the data and expectation for schedule content depicting the baseline for the project. This version of the schedule is referred to as a "baseline" schedule. This example is intended to provide guidance for the Contractor when developing and submitting a baseline schedule. See CFW Specification 00 32 15 Construction Project Schedule for details and requirements regarding the Contractor's project schedule. (HMAC 2019-5) CDBG STREET REHABILITATION 101406 .-"-"-"-"-""""F---------- ---------- ---------- ---------- ---------- ;----------- I -"--------t--------- I ---------- 1_- i i 4 ' gg qL y I I I i I �_ �______.__.,.._.... L_________ ---------- y.__._.____� may. _ _ _ A ..p .I..._ ».._.----i_--------- -"f----------i-----------1------- ---t---------- -- .. -'._ +Y- 'I• •s�•u ui i.i e u u u - �I'LL.�iLa`iJ �r La I i� ii �i ri i_i •r I.r r ,J, .0 O - d' .fe-]I yy I Ir5 �ri 0 2 2 i- , 2R Q4- Qi : - 1ry'ly { - i:i 'rv5 rt iM1 ire •1 Ir iM1{ i C K w �4 � �{ - 4 ¢.� }. �'�:. �b � y:� �' �� T� o",ppo-fl � :dp Qd r•� 'ram .� :5� u2 r Li � FFzi �...L + { i l V ii `•�: ijj`i ` ifil `i iG ,. 1 1 i i rl s} '' ,I ;L '�''-, ,:� W r l :,r i Y} a l a i +I m� as LP • i .' ll o� an'� I. j"I I IIr+ r+i GJ CJ .. . " � 4� �: rz •I � � 6 : O — — �� � u Q +�{ r � " "I • � Yy '•1 u ` , . i : I t t 'ry _ w i :. y i :: i I I 8 .. r� x GJ tA e p. F I u I $ 1 � 2 Cb _ ip- V Ham' IG �e;,:� RI C 'r'LI IG rr}} I ';i , '� rr IFI� :C-• wU �U� mph -CIF: ills 61 Iyyi r,} :,I 'l ,{� G r, .+l J q G L} {J,4LT {i �.4i, f �7 _ :N •Ii rt, h. F I tii .{ �I i7 (HMAC 20I9-5) CDBG STREET REHABILITATION 101406 p ? 0 U. --- --------- ---------- ---------- — --------- ---------- — -------- - ----- — --- .2; 1� :�jdzk I., 'd L'. L! L: Iv. :J .14 41 -I . c, C 3. it H "I fl, 'b� cl: �ml Ile, oil L 4, L9� a', z 3. C. cr. A ra di 44 I Ff -I H vi 7. p — .r PR a ICI -F3 (HMAC 2019-5) CDBG STREET REHABILITATION 101406 0:1 cl 6 in 0 7i 19 FA- ---------- iyf 14 7.1 IL 40 PIZ 4� 4, up 49 Ll 15 i i4 -Nd I 773 (HMAC 2019-5) CL)BG STREET REHABILITATION 101406 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE July 20, 2018 M. Jarrell Initial Issue (HMAC 2019-5) CDBG STREET REHABILITATION 101406 00 32 15.2 - 0 CONSTRUCTION PROGRESS SCHEDULE — PROGRESS EXAMPLE Pagel of4 SECTION 00 32 15.2 CONSTRUCTION PROJECT SCHEDULE —PROGRESS EXAMPLE PART1- GENERAL The following is an example of a Contractor's project schedule that illustrates the data and expectation for schedule content depicting the progress for the project. This version of the schedule is referred to as a "progress" schedule. This example is intended to provide guidance for the Contractor when developing and submitting a progress schedule. See CFW Specification 00 32 15 Construction Project Schedule for details and requirements regarding the Contractor's project schedule. CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised JULY 20, 2018 00 32 15.2 - 0 CONSTRUCTION PROGRESS SCHEDULE —PROGRESS EXAMPLE Page 2 of 4 w I I I I I I I I .....................i-.. 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I i 4; 14Y s4 i I t 71 , Y rr la � ,� +lyj¢Ja r iI } I sdS I` il;.� .r .f:.-.k,w a r cr R7IFS 14 IS r':V. Y t Ir1 �F.M rY 45:t'a ii r+ CIF t W it ti4 YF • Hr Lr FI :• .� r� +c� u NA 7 ' I NA"R u jj� 49 l5i i ep. ,lrv.,i p l � a finI ri r-T I Icl � :S !I It Ir Y 'I CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised J ULY 20, 2018 00 32 15.2 - 0 CONSTRUCTION PROGRESS SCHEDULE —PROGRESS EXAMPLE Page 3 of 4 OQ — T— - T — — T— — r 6 IR _-__-.__---._--_-._-¢_.-_--_-_j_.__.______._______{_____.__.t_.___-____{_________.f_.__.______}____._____�_______.__t__-_.-_---_-_ ._--_--------------------_--_.-_.r _--_-___- _--_--_____.____. ____--_--1_____-__-t____..__�_�. _ __L__ ________l_______ .1___ _l_________- ... .»..». _ _____ _ r-------------- ____ _ __ _ _ ______ ________ _______ _.........................�...... ,............ ,.................. .. . -- .. _ C+ N,i �,ry rl rv•ti:i i«.' r..ri'r 1�J ml _ ii r ii � rr i•rlil 1i r� i �, ri ii i ii li � I I I I I n IF1fl Fl FtIFl q ca a ?,V gR m p �n nlm p a a a I I ^ � 14 F. d r5 I 4 01yn O N Pi I i q ,¢+ p -, icll Y t�l �; ,,, r 'ra t:.'. . ,,.N •, }1 4, w :! ;l r"'-,li, „ _ ;R al 1,1 ii ;2: ..l n — , uy ,Ci 3 ".:3 _ ._ i ,. , fii .,{I•T y; f+ ., L� qt # m i t JUL I �, m ,d Ffl Rp ld ,YSr 'I.� � [.r.l:l l i} *t�Jl I I] I I to t;! • EL CITY OF FORT WORTH (HMAC 2019-5) CDAG STREET REI'IADII,ITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S 101406 Revised JULY 20, 2018 003215.2-0 CONSTRUCTION PROGRESS SCHEDULE — PROGRESS EXAMPLE Page 4 of 4 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE July 20, 2018 M. Jarrell Initial Issue CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised JULY 20, 2018 003215.3-0 — PROGRESS NARRATIVE Page 1 of 1 SECTION 00 32 15.3 CONSTRUCTION PROJECT SCHEDULE PROGRESS NARRATIVE Reporting Period: Date Issued: Project Name: Company Name: City Project No: Engineer's Project No: City Project Manager: Engineer's Project Manager: A. List of activities accompiisnea in the reporting perioa. 1. (insert text here) 2. (insert text here) 3. (insert text here) 4. (insert text here) 5. (insert text here) 6. (insert text here) U. List of activities to ne accompiisnea in the next reporting perioa 1. (insert text here) 2. (insert text here) 3. (insert text here) 4. (insert text here) 5. (insert text here) 6. (insert text here) C. List any potential delays and provide mitigation actions I. (insert text here) 2. (insert text here) 3. (insert text here) D. List any actual delays and provide recovery actions 1. (insert text here) 2. (insert text here) 3. (insert text here) City of Fort Worth, Texas (HMAC 2019-5) CDBG STREET REHABILITATION Construction Project Schedule Narrative Report for CFW Projects 101406 TRW Official Release Date: 7.20.2018 Page IofI SECTION 00 32 15.4 CONSTRUCTION PROJECT SCHEDULE — SUBMITTAL PROCESS PART1- GENERAL The following information provides the process steps for the Contractor to follow for submitting a project baseline or progress schedule for a capital project to the City of Fort Worth. See CFW Specification 00 32 15 Construction Project Schedule for details and requirements regarding the Contractor's project schedule. If you are not a registered CFW Buzzsaw user, please email or contact: Fred Griffin, Buzzsaw Administrator City of Fort Worth Fred. Griffin@fortworthgov.org 817-392-8868 Using your registered username and password log into the City's Buzzsaw Site htt s- 1project oint.buzzsaw.com/client/fortworthgov r i a �+�` — �...'- .. I�.¢TOT��RR1hFf--.r -1 I u I �� I y4 J F Navigate to your Project Folder. Verify that your Project ID and Project Name are consistent with Project Folder Name. Navigate to the Schedule Directory under your Project Folder. The 0070 1 -Flaxseed Drainage Improvements project is used for illustration. (HMAC 2019-5) CDBG STREET REHABILITATION 101406 4- J I rya, .s.t �� I� (oM1umRhgov 5u_U�&. • i Ii 1 i t)8701 -Flaxseed Nras�age us+prove ![ + C] Bid Fnnas a 0 Bid Responses ,C C] Cans3rucbm Consultants Contractor C responders 3 General Contract Doarnents and 5; a] project Draydvs E (whit Meetings ,3 Real Property ±, 1 Uhhtics 00705-lhtran iiflages Central tluslPr= '. 00785 -Urban YBsges Central Ouster' 00706 -Urban M9ages SECaster Berl r 00706 - Urban Yd(ages SE Cluster Neid :s: ® 00730 -Sanitary Sewer Rehab, Contra. 00755 -Mesquite Rd M04 CIP Year I p :'. 0076E -Mks Road -Bryant lrvin to r9i 00778 -Lebow Channel 007B6-5=rner Creek &5ycamwe!zc[r 0=-Gra,-bury goad-ARamesa to A 4 rYs ten'-++ vd.- -nw nF r• • .'4. } Index.,& Fred Griffin 16,331 hOrrosoft Excel W... Two files will be uploaded for each submittal. A native schedule file format either Primavera .xer or MS Project .mpp and a PDF version of the schedule will be uploaded Verify that the file name contains the 5-digit Project ID, Project Name, and Submittal Date and follows the standard naming convention. Initial schedule submittal will be labeled as `Baseline' for example: 00701-FlaxseedDrainagelmprovements-Baseline Schedule submittal updates will be labeled with Schedule Submittal Date `YYYY_MM' for example: 00701-FlaxseedDrainagelmprovements-2009_01 Expand or select the Schedules folder and add both the native file and PDF file to the directory. From the Toolbar Select HAdd Document (HMAC 2019-5) CDBG STREET REHABILITATION 101406 U I k1d-�F]I PrfWc Fd3 �Dravang i"' ! �111.1+sti54 [] Note Link E} Folder I. J 00701-IJav—d Drainage impmmn°r KjAa) Bid Forms &d Responses T C] Construction IF M Consultants F'_j- Correspondence it a] General Contract Documents and pea X !A Project Drawings !E { Pubk Meetings *. Real property ! schedules fndex.ads Utir'bes 1r�j 00705 -Urban Wlages Central Cluster Six f ylJ t 00705 -Urban Milages Central Qustcr soul f'. 00706 -Urban Villages SE Ckixter Rerry-N• 00706 - Urban Wages 5E Cluster Near Eas i (?� 00730 - Sanitary Sewer Rehab Contract f k i el 00755- Mesquite Rd 2004 CIP Year I a" i t� 00763 -Dirks Road - Bryant Irvn to Grant, a 00778 -Lebow Channel ? 00M -Summer Creek & Sycamore Scheul w Foldau� —i!ln �� .i G J.rahw j Ei a rPn.. .. =s tndem& Fred Griffin 16,384 Micrawk :NUM ' Select Browse and go to the location of the files on your desktop. Select Open LF 6R11Si degr r.,lxh. Aild iu dih pnjlrl ri$ Wk--Ve4trrea b wW is a Daaaruir 8eua� DwRrM- ` a a15eject i r, W[Mments JSrsdF C_+nrre^t Hzfa— � `lk thn6wa 6fi+SF.,, 3de SedBnd hbtlfrnun lbjhrt Desktop bocumenLs �f,Sndjetf�fndManager Pra7 14+,f/i My Computer MMuslmates player i py ilfrrraPf k My Network Piaces �Aa-P'rajeri rlonmerta d1 Adak Acrobat 8 Professional 't_Boar&ngPass.pdf '• ) aum CDs &DYD, f CleuType tuning 17IM—aw 2008 4Cunl Recnrd Edit Pro 9 CH2M HRL VPN Crosswind PMP Exan Sim 7.1 Fil M. Ckent Crystal Reports 2008 GUOUIE Earth 'LPM quirk Reterence Gufde.pdf FiPPhGbosmart Express W Usk Defragnenter up Photosmart Premier Pr Free Sound Recorder %0 VHP Solution Center }iPassConnect FreeSonndRecorder.exe Laptop5ecuity 1AI-runes iQbgm.3PG M1 0 Microsoft Irmo Version M02 inside Out e800k ip NeWeedng fFE norm J C� 1 Ica d Upe INI Files ('_"} --� Cancel The file will appear in the Buzzsaw Add to Project — Select Documents window Select Next. (HMAC 2019-5) CDBG STREET REHABILITATION 101406 Do not select Finish at this time. C�Jert�mien@Ur8tid60Urepialeckweb tile. You Ltn8lsiadd h58?vmNdR+e*iiler{oPl'vH+J Docufnants ,ti[atl�CnmwvnE FJeW3.'+e� FAeto�dlmi. Momf,.. Ore 067{1lfidxs�ed0laerageG.Ll;c �''�^R4 Wlic!" C; 1kNn!;Llec+i.l 11712... 74,250 5e�h'16� Fiiheratton � .I,I la {rrUirLl'I R1Vila. ._end_--r.�cr;� 14101t,H1rsIILLl1wypJa4*.111"L1lrr►(UAJWrpzun ' ..line WiWxJ &a0i y{ww.;4 You will be placed into the Attach Comment window to enter a record into the Project Schedule Submittal Log. Enter the Project M-Project Name -Submittal in the Subject Line. Type Submittal and Company Name into the Comment window along with Contact Name and Contact Phone Number. Select Next. uQealeaaomm�ntlliaL6Eremrelhe4�fdfmdewhglandMotdxtieekn:WnidLr.Ak-a6o^Jad~;:.1 7"&W 15 F{10p,A1 Select Documents r&dk;romnentloA ihcanion r_4A1kat11Comment SmdEmdil a,Jyz.;r. 00701-Fldx eedDrainageIWrovements-has line *_I Name Phone sdiedde Submittal from'Company Name' for work performed up to January 31, 2009 c[ladr 11e1p� ("MAC 2019-5) CDBG STREET REHABILITATION 101406 You will be placed into the Send Email Notification window. Select To and the Select Recipients window will appear with a list of Project Contacts. Select the Project Manager as the To Recipient and the Project Controls Group as the Copy Recipient. E3 iatW�P�W.��l.�...P-,{...,..L,...... fr..� �....fII:.... �..�.�FY Y+�Ti la •4/ac+YYrW nM•=PAGUh�AnfS 1 i't,i �11 +.Irart�r ert 1: �n•l• I�I fly *I :ii.nJ amaM I_. II �i. �Unnne:n Fcrsli �R'j. pp`Til-Rarsaad Cti•J �- _,ILLf I J+:p�� 5:.. TYOY I.Ja.,. T... 3... Jae... {fie... Wt... T-ay W... T... H.... Tn-... t{.8. H... U... H... p &... Hn... ho... V,�'... Y... T.,, CF... N2... vx Yor... wt T.., cF... Ws... Pro... vra-,nn ... cr v..� x.., ... s an6 sll�n vnN Oar... fvAl rytr FL cH...A... . 6- Select the Paste Comment button to copy the Comment into the body of the email Select Finish. (HMAC 2019-5) CDBG STREET REHABILITATION 101406 < D:-r+dalwlluaffermI!rlmadmisr nf"dislnasherrrrRtlx:a'-,7fen.Tl41NIMMPptm?a 6eec{17ocumen€s AU&1h Carvment Al. . �--] AV. hbSend��s4 jy,^ I F 11criffin No4Ticati6lF Project Controls Team �Ta+• �00761 FlaxseedDrairtagatmprowements Baseline Baseline sdredule submittal from 'company Name" ContactName Contact Phone plate Schedule Submittal from'Company Name for work performed up to January 31, 2009 Contact Name � Contac€Phone <Gxi' [ I •„ter, 1 .-:., i_[.I.__.._l � :;. � .J The schedule file is uploaded to the directory. An email is sent to the City's Project Manager and Project Control Specialist. !_Etil i5r.r JWb tj- &I MA- D -Y Z� I $ `.k X '•1 }3 JMiA U I Q5 [-J Ile irk I �r Fov, O kM1waRhgov WIUl -f16%3EeU IAMndJ2 N1R-aYHM1�Il +�I+ - T' C] Bid F— r� :I U1 Pd Responses M Cm trucSan 4. � t.ansAtan[s C-t—tnr Correspwsderxe C] General Cantrocume aci �nl5 and .6 C3 FV-)KtFkasYh9s Pabhc Meeti *i ] Real P.Wngs ...� Schedules ,� 00�1I-Flax�edDralnaaelmprorr �� sd, dates�ndex.w� �] uti15e5 • 00705-Urban V6ages Central{taster SixF t 001U5-U1ban V@ages Centrsd Cher 53a i 00M6-Urban Vnagm SE Clus[er 8wY r1i, t 00706 -LO— VftWa SE Ck ter Near Eas m730 - SatYfary Seveer Rehab CraxUad LA _ 00755-Wl quite kd20040PYe 1(0es ..+' 00768-0A.Road-8yanr WanWGranbL 00773_ W., Charnel Upload the PDF file using the same guideline. F—d Gdffn 16,384 Waft F.M S9... 11r21f20089: Atbie Nan,.. 74,250 %ER Fle 1fuf20g9 4:t6 END OF SECTION (HMAC 2019-5) CDBG STREET REI3ABILITATION 101406 Revision Log DATE NAME SUMMARY OF CHANGE July 20, 2018 M. JarrelI Initial Issue (HMAC 2019-5) CDBG STREET REHABILITATION 101406 003513 BID FORM Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent (hereinafter referred to as "You") to a City of Fort Worth procurement may be required to complete a Conflict of Interest Questionnaire (the attached CIQ Form) and/or a Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) pursuant to state law. You are urged to consult with counsel regarding the applicability of these forms to your company. The referenced forms may be downloaded from the links provided below. http://www.ethics.state.tx.us/forms/CIQ.pdf http://Www.ethics.state.tx.us/forrns/CIS.pdf 21 CIQ Form does not apply ❑ CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary El CIS Form does not apply ❑ CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: FNH Construction, LLC 4099 McEwen Rd., Ste. 600 Farmers Branch, TX 75244 END OF SECTION By: Candace illespie Signature: 0jkkQjj- (a4Z0U-' 0 Title: President CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20171109 Copy of 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook- 00 41 00 BID FORM Page 1 of 3 TO: The Purchasing Manager C/o: The Purchasing Division 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: City Project No.: 101406 SECTION 00 41 00 BID FORM (HMAC 2019-5) CDBG STREET REHABILITATION ASH CRESCENT NEIGHBORHOOD Units/Sections: Unit 1: PEDESTRIAN IMPROVEMENTS Unit 2: E. MORNINGSIDE DR. (ASH CRESCENT ST. - BELZISE TER.) PAVING IMPROVE Unit 3: DANIEL ST. (E. RICHMOND AVE. - E. ARLINGTON) PAVING IMPROVEMENTS Unit 4: BID ALTERNATE: W. CANTEY ST.(HEMPHILL ST. - COLLEGE AVE.) 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 (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Form Revised 20150821 Copy of 00 4100 00 43 13_00 42 43 00 43 37_00 45 12_00 35 13_Bid Proposal Workbook- 00 41 00 BID FORM Page 2 of 3 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. i..isr wi.,rf; ryl',L- clear: of nraacu b. 1 .,I wnrk typo hLY6 of rpace: C.,Lls V rjs.4]fRe.hF:ro.pr§Rl d. I' Isf i.+Prk lype here or r,pn 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 210 Calendar 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 {andlor achievement of Milestones) within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *if necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items ruse this if applicable, otherwise deletes CITY OF FORT WORTH (HMAC 20195) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Form Revised 20150821 Copy of 00 41 00_00 43 13 00 42 43 00 43 37_00 45 12 00 35 13—Bid Proposal Workbook- 00 41 00 BID FORM Page 3 of 3 Total Base Bid mouse this if applicable, otherwise delete Alternate Bid mouse this if applicable, otherwise Deductive Alternate use this if applicable, otherwise Additive Alternate mouse this if applicable, otherwise Total Bid 7. Bid Submittal This Bid is submitted on 4/18/2019 Respectfully su mitted, By: Al JA46 ff �10 . 01A,"lu r) (Signature) Candace Gillespie (Printed Name) Title: President Company: FNH Construction, LLC Address: 4099 McEwen Rd., Ste. 600 Farmers Branch, TX 75244 State of Incorporation: TX Email candace(6fnhconstruction.com Phone: 469-248-0301 END OF SECTION $775,492.50 $365,335.00 $0.00 $0.00 $1,140,827.50 by the entity named below. Receipt is acknowledged of the following Addenda: Initial Addendum No. 1: Addendum No. 2: Addendum No, 3: Addendum No. 4: Corporate Seal: CITY OF FORT WORTH (HMAC 20195) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Form Revised 20150821 Copy of 00 41 00 00 43 13 00 42 4300 43 3700 45 12_00 35 13_Bid Proposal Workbook- 00 42 43 BID PROPOSAL Page l of 3 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid No. Description Section No. Measure Quantity Unit Price Bid Value UNIT 1: BASE BID - ASH CRESCENT PEDESTRIAN IMPROVEMENTS 1 0241.0100 Remove Sidewalk 0241 13 SF 92 $2.50 $230.00 2 0241.0300 Remove ADA Ramp 0241 13 EA 1 $650.00 $650.00 3 0241.0401 Remove Concrete Drive _ 0241 15 SF _ 6,222 $2.50 $15,555.00 4 0241.0402 Remove Asphalt Drive 0241 15 SF 85 $2.50 $212.50 5 -- - 0241.0700 Remove & Relocate Mailbox -- -- ---- ..._. _._ 02 41 13 - - - EA 4 $12,500.00 - $50,000.00 - 6 0241.1100 Remove Asphalt Pvmt 0241 15 SY 19 $20.00 $380.00 7 0241.1300 Remove Conc Curb&Gutter 0241 15 LF 289 $12.50 $3,612.50 31 10 00 SY 1 8 3110.0101 Site Clearing $5,000.00 $5,000.00 9 3110.0102 6"-12" Tree Removal 31 1000 EA 6 $1,000.00 $6,000.00 10 3110.0103 12"-18" Tree Removal 31 1000 EA 3 31 1000 1 11 3110.6105 24" and Larger Tree Removal EA $5,000.00 $5,000.00 12 3123.0101 Unclassified Excavation by Plan 312316 CY _ 162 $20.00 $3,240.00 13 3125,0101 SWPPP z 1 acre 31 25 00 LS $12 500.00 $12,600.00 32 13 20 SF _1 12,107 14 3213.0301 4" Conc Sidewalk $6.00 $72,642.00 15 3213.0311 4" Conc Sidewalk, Adjacent to Curb 32 13 20 SF 4,741 $6.50 $30,816.50 16 3213.0401 6" Concrete Driveway 321320 SF 6,391 $10.00 $63,910.00 17 13213,0501 Barrier Free Ramp, Type R-1 3213.0504 Barrier Free Ramp, Type M-2 _ 32 13 20 32 13 20 EA EA 2 2 $2,500.00 $2,500.00 $5,000.00 $5,000.00 18 19 3213.0506 Barrier Free Ramp, Type P-1 32 13 20 EA 7 $2,500.00 $17,500.00 20 3213.0507 Barrier Free Ramp, Type P-2 3216.0101 6" Conc Curb and Gutter 32 13 20 32 16 13 EA LF 7 167 $2,500.00 $17,500.00 $6,845.00 21 $35.00 22 3217.0501 24" SLD Pvmt Marking HAE (W) 32 17 23 LF 434 $20.00 $8,680.00 23 3217.5001 Curb Address Painting- -- 32 17 25 EA 38 $250.00 $9,500.00 24 3232.0100 Conc Ret Wall with Sidewalk, Face 32 32 13 SF _ _ 354 $85.00 _ $30,090.00 25 3292.0100 Block Sod Placement 32 92 13 SY 2,024 $6.00 $12,144.00 26 3441.4004 Furnish/Install Sign Panel 3441.4110 Remove and Reinstall Sign Panel and Post 344130 3441 30 SF EA _ 1 3 $1,000.00 $850.00 $1,000.00 $2,550.00 27 28 3471.0001 Traffic Control 3471 13 MO 3 $8,500.00 $25,500.00 $8,500.00 29 3505.0108 Miscellaneous Adjustments (Meter) 33 05 14 EA 10 $850.00 30 9999.0000 Remove Gravel Drive 0221 13 SF 219 $6.00 $1,314.00 31 9999.0001 Adjust Cleanout 33051,4 EA 1 $850.00 $850.00 32 9999.0096 Construction Allowance 00 00 00 LS 1 $12,000.00 $12,000.00 SUBTOTAL UNIT1: ASH CRESCENT PEDESTRIAN IMPROVEMENTS UNIT 2: BASE BID - E_ MORNINGSIDE DR. ( ASH CRESCENT ST. - BELZISE TER.) PAVING IMPROVEMENTS 1 13305.0108 Utility Adjustment (irrigation)mm_ - _ _ 330514 _ LS 1 $5�000.00 _ $5,000A0 2 0241.1300 Remove Concrete Curb & Gutter 0241 15 LF 610 $12.50 $7,625.00 3 3216.0102 7" Concrete Curb & 18" Gutter 32 16 13 LF 610 $40.00 $24,400.00 4 0241.0401 Remove Concrete Driveway 0241 13 SF 3840 $2.50 $9,600.00 5 3213.0401 6" Concrete Driveway 32 13 20 SF 3840 $10.00 $38,400.00 6 0241.1700 10' Pavement Pulverization 0241 15 SY 2013 $6.0-0 $12,078.00 7 3211.0600 Cement Modification (26 lb/sy) 32 11 33 TN 26 $185.00 $4,810:00 8 3212.0302 2" Asphalt Pavement, Type "D" Mix 32 12 16 SY 2013 $16.00 $32,208.00 9 3217.0305 Stop Bars Pavement Markings 321723 LF 30 20.00 $600.00 CITY OFFORT WORTH (HMAC 2019-5) CDBO STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Form Revised 20120120 Copy of 00 410000 43 13_00 42 43_00 43 37_00 45 12 00 35 13-Bid Proposal Workbook- 00 42 43 BID PROPOSAL Page 2 of 3 SECTION 00 42-43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value 10 _ 3305.0111 Water Valve Box Adjustment (w/ Concrete 3305 14 EA 1 1,000.00 $1,000._00 11 3305.0108 Water Meter Box Adjustment 33 05 14_ EA_ 5 850.00 $4,250.00 12 3305.0107 Manhole Adjustment (wl Concrete Collar) 33 05 14 EA 1 1,500.00 $1,500_00 13 3217.0100 Curb Address Painting 32 17 25 EA 15 250.00 $3,750.00 14 3292.0100 Block Sod Replacement 32 92 13 SY 560 8.00 $4,480.00 15 19999.0096 Construction Allowance 00 00 00I LS 1 ~1 9,435.00 $9,435.00 SUBTOTAL - UNIT 2: E. MORNINGSIDE DR. PAVING IMPROVEMENTS UNIT 3: BASE BID - DANIEL ST. (E. RICHMOND AVE. - E. ARLINGTON AVE.) PAVING IMPROVEMENTS 1 3305.0108 Utility Adjustment (Irrigation) 330514 LS 1 5,000.00 $5,000.00 2 0241.1300 Remove Concrete Curb & Gutter 0241 15 _ _ LF 510 12.50 $6,375.00 3 3216.0102 7" Concrete Curb & 18" Gutter 321613 LF 510 35.00 $17,850.00 4 0241.0401 Remove Concrete Driveway 0241 13 SF 3324 2.50 $8,310,00 5 3213.0401 6" Concrete Driveway 32 13 20 SF 3324 10.00 $33,240.00 32 13 20 321320 6 3213.0301 4" Cone Sidewalk 3213.0501 Barrier Free Ramp, Type R-1 SF EA_ 3330 _ 4 6.00 2,500.00 $19,980.00 $10,000.00 7 8 0241.1700 10" Pavement Pulverization 0241 15 SY 20.30 6.00 $12,180.00 3211 33 9 3211.0600 Cement Modification (26 Iblsy) TN 26 185.00 $4,810.00 10 3212.0302 2" Asphalt Pavement, Type "D" Mix 32 12 16 SY 2030 16.00 $32,480.00 1,000.00 11 3305.0111 Water Valve Box Adjustment (wl Concrete 33 05 14 EA _ 1 $1,000.000 12 _ 3305.0108 Water Meter Box Adjustment 330514 EA 7 850.00 $5,950.00 13 3217.0100 Curb Address Painting 32 17 25 EA 18 $250.00 $4,500.00 14 3110-010312"-18" Tree Removal 31 1000 EA 1 $1,000.00 $1,000.00 15 3291.0100 Top Soil 1 Fill Material 3291 19 CY 100 $65.00 $6,500.00 16 3292.0100 Block Sod Replacement 329213 SY 510 _ $6.00 $3,060.00 17 19999.0096 Construction Allowance 1000000 1 LS 1 $5 400.00 $5,400.00 SUBTOTAL UNIT 3: DANIEL ST. PAVING IMPROVEMENTS UNIT 4: BID ALTERNATE - W. CANTEY ST. (HEMPHILL ST. - LIPSCOMB ST.) PAVING IMPROVEMENTS 1 3305.0108 Utility Adjustment (Irrigation) 330514 LS 1 $5,000.00 $5,000.00 2 0241.1300 Remove Concrete Curb & Gutter 0241 15 LF 2790 $12.50 $34,875.00 -3 3216.0102 7" Concrete Curb & 18" Gutter 32 16 13 LF 2790 $40.00 $111,600.00 4 0241.0401 Remove Concrete Driveway_ 0241 13 SF_ 2930 _ _ $2.50 $_7,325.00 5 3213.0401 6" Concrete Driveway 32 13 20 SF 2930 $10.00 $29,300.00 6 0241.0100 Remove Concrete Sidewalk 0241 13 SF 5420 $2.50 $13,550.00 7 3213.0301 4" Conc Sidewalk 321320 SF 5870 $6.00 $35,220.00 321.320 8 3213.05_01_Barrier Free Ramp _EA_ 1 $2,500.00 $2,500.00 9 0241.1400 Remove Concrete Valley Gutter - 3216.0301 7" Concrete valley Gutter 0241 15 321613 SY SY 40 _ 40 $2.50 _ $150.00 $100.0_0 $6,000.00 10 11 0241.1800 Remove Speed Cushion 0241 15 SY 20 $20.00 $400.00 12 0241.1700 10" Pavement Pulverization _ 0241 15 SY 4100 $6.00 $_24,600.00 13 3211.0600 Cement Modification (26 Iblsy) 321133 _ TN 53 _ $185.00 $9,805.00 14 3212.0302 2" Asphalt Pavement, Type "D" Mix 321216 SY 4100 $16,00 $65,600.00 15 3306.0111 Water Valve Box Adjustment (wl Concrete 330514 EA 1 $1,000.00 $1,000.00 CITY OF PORT WORTH (EMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Penn Revised 20120120 Copy oF00 4100 00 43 13_00 42 43_00 43 37_00 45 12_00 35 13-Bid Proposal Workbook- 00 42 43 BID PROPOSAL Page 3 of 3 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Infonnation Bidder's Proposal Bidlist Item No. 16 _ 17 18 19 Description 3305.0108 Water Meter Box Adjustment 3217.0100 Curb Address Painting 329_2.0100 Block Sod Replacement 9999.0096 Construction Allowance1000000 Specification Section No. 33 05 14 32 17 25 Unit of Measure EA EA Bid Quantity 5 5 Unit Price $850.00 $250.00 _ $6.00 $9,600.00 Bid Value — $4,250.00 _ $1,250.00 $3,360.00 $9,600.00 32 92 13 SY_ LS _ 560 1 SUBTOTAL UNIT 4: BID ALTERNATE - W. CANTEY ST. PAVING IMPROVEMENTS Bid Summary Base Bid UNIT 1: BASE BID ASH CRESCENT UNIT 2: BASE BID E. MORNINGSIDE DR. _ _ UNIT 3: BASE -BID DANIEL ST. $438,721.60 $159,136.00 $177,635.00 Total Base Bidl— $775,492.501 Alternate Bid UNIT 4: BID ALTERNATE - W. CANTEY ST. $365 335.00 Total Alternate Bid $365,335.00 Deductive Alternate Bid Total Deductive Alternate Bid Additive Alternate Bid Total Additive Alternate Bid Total Ridl $1,140,827.50 END OF SECTION CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Form Reviscd 20120120 Copy of 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook- SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: 00 43 13 BID BOND Page 1 or 2 That we, FNH Construction, LLC , known as "Bidder" herein and Hudson Insurance Company a corporate surety duly authorized to do business in the State of Texas, known as "Surety" herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of five percent (5%) of Bidder's maximum bid price, in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project designated as (HMAC 2019-5) CDBG STREET REHABILITATION ASH CRESCENT NEIGHBORHOOD NOW, THEREFORE, the condition of this obligation is such that if the City 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 City in accordance with the terms of such same, then this obligation shall be and become null and void. If, however, the Principal fails to execute such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between Principal's total bid amount and the next selected bidder's total bid amount. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 18th day of April 2019, ATTEST: Witness as to Principal r a I G4 C h I! PRINCIPAL: FNH Construction, LLC Si nature Name and I Me N6�kekce CITY OF FORT WORTH (HMAC 20195) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Form Revised 20171109 Copy of 00 41 00_00 43 1300 42 43_00 43 37_00 45 12_00 3513 Bid Proposal Workbook- Witness as to Surety cOn ie Kregel Attach Power of Attorney (Surety) for Attorney -in -Fact 00 43 13 BID BOND Page 2 of 2 Address: 4099 McEwen Road Farmers Branch, TX 75244 SURETY: Hudson Insurance Company Jeffrey Todd McIntosh, Attorney -in -Fact Name and Title Address: 101 William Street, 5th Floor New York, NY 10038 Telephone Number: (212)978-2800 __ "Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Form Revised 20171109 Copy of 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook- _HUDSON I (,3t(5t11' BID BOND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed, and by these presents, does make, constitute and appoint Jeffrey Todd McIntosh, Connie Jean Kregel of the State of Texas its true and lawful Attorneys) -in -Fact, at New York City in the Slate of New York, each of them alone to have full power to act without the other or others, to make, execute and deliver on its behalf, as Surety, bid bonds for any and all purposes. Such bid bonds, when duly executed by said Attorney(s)-in-Fact, shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate sea[ attested by its Secretary. sA..ILP gyp n Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Senior Vice President thereunto duly 4�Q �;m r n this I It _day of hebruary. , 2015 at New York, New York. (C�te !) i 1$ 'a HUDSON INSURANCE COMPANY Attest...... .....\!- .................. 13y.................. ............. ... Dina Daskalakis, Corporate Secretary Michael P. Gleeson, Senior Vice President STATE OF NEW YORK COUNTY OF NEW YORK SS. On the [ 1th day of February 2015 before me personally came Michael P. Gleeson to me known, who being by me duly sworn did depose and say that he is a Senior Vice President of HUDSON INSURANCE COMPANY, the Compa y described herein and which executed the above instrument, that he knows the sea] of said Company, that the seal affixed to said instrument is the corporate seal of id Compan , that ' was so affixed by order of the Board of Directors of said Company, and that he siggned his name thereto by like order. til�lylil lilfllfl/ MURPFIY l�i�i� r-.I `................................... `Q�g�ONEyp�•., i ANN R]'fiY (Notarial Seal) Notary Public, Slate of New York `�,'00t 10 ?07� fit � No. 01 MU6067553 m .tea Qualified in Nassau County :2c 0001 b Commission Expires December 1 , S �r vuaLle`�°� CERTIFICATION STATE • tad `� COUNTY F NEW YORK COY OF NEW YORK The undersigned Dina Daskalakis hereby certifies: THAT the original resolution, of which the following is a true and correct copy, was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 27°, 2007, and has not since been revoked, amended or modified: "RESOLVED, that the President, the Executive Vice Presidents, the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion, to appoint such agent or agents, or attorney or attorneys -in -tact, for the purpose of carrying an this Company's surety business, and to empower such agent or agents, or attorney or attorneys -in -fact, to execute and deliver, under this Company's seal or otherwise, bonds obligations, and recognizances, whether made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertaking made in the course of this Company's surety business, and renewals, extensions, agreements, waivers, consents or stipulations regarding undertakings so made, and FURTHER RESOVLF..D, that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seal when so used whether heretofore or hereafter, being hereby adopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same force and of%cl as though manually affixed." THAT the above and foregoing is a Full, true and correct copy of'Power of Attorney issued by said Company, and of the whole of the original and that the said Powwr of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Ufa Of Attorney is now in force. 4•.,o�id ;m '4ma'fa y Witnessthe hand ofthe undersigned and the seal ofsaid Company this $tl1 day of A rll 20�� �i `;a� •ez31) ' ire... Q.. ..... DinLD kis, Corporate Secretary Form Bid 8 2010 (v2) 1. IMPORTANT NOTICE To obtain information or make a complaint: 2. You may contact your Agent at (972) 381-4270. 3. You may call Hudson Insurance Company's toll - free telephone number for information or to make a complaint at: 1-800-388-3647 4. You may also write to Hudson Insurance Company at: 100 William Street, 511 Floor New York, NY 10038 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 6. You may write the. Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProte ctionPtdi.state.tx.us 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the (agent) first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO Ift PORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su (title) al (telephone number). Usted puede Ilamar al numero de telefono gratis de Hudson Insurance Company's para information o para someter una queja ai: 1-800-388-3647 Usted tambien puede escribir a Hudson Insurance Company al: 100 William Street, 51h Floor New York, NY 10038 Puede Comunicarse con el Departamento de Seguros de Texas para obtener information acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTES SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el (agente) primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POL.IZA: Este aviso es solo para proposito de information y no se convierte en parte o condition del documento adj u nto. 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of Sfattl Herf=-,or Blank , our principal place of business, are required to be % NQrs percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of :date Here or 1318nk , 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. F BIDDER: FNH Construction, LLC 4099 McEwen Rd., Ste, 600 0 Farmers Branch, TX 75244 END OF SECTION By: Candace Gill pie (Signature) Title: President Date: 4 — O -1 q CITY OF FORT WORTH (HMAC 2019-6) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Form Revised 20110627 Copy of 00 41 0000 43 13_00 42 43_00 43 37_00 4512_00 3513_Bid Proposal workbook- 00 45 11 -1 BIDDERS PREQUALIFICATIONS Page I of 3 1 SECTION 00 4511 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary. All contractors are required to be prequalified by the City prior to submitting 5 bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification 6 Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is 7 not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and I I financial analysis of the contractor. The information must be submitted seven (7) days prior 12 to the date of the opening of bids. For example, a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31st day of Mareb 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application, the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles 23 of Incorporation, Articles of Organization, Certificate of Formation, LLC 24 Regulations, Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 folIowing web address www.window.state.tx.us/taxpermit/ and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun & Bradstreet. This number 33 is used by the City for required reporting on Federal Aid projects. The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification. These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements. Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH (I-1MAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised July 1, 2011 004511-2 BIDDERS PRE -QUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be auditedor reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly Iicensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1) express an unqualified opinion, or (2) express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital = current assets — current 26 liabilities) by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalifieation Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report, the notation of 37 "None" or "NIA" should be inserted. 38 (2) A minimum of five (5) references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer, model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH (FIMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised July 1, 2011 0045 11 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. 1f a contractor has a valid prequalification letter, the contractor will be eligible to bid 2 the prequalif ed work types until the expiration date stated in the letter. 3 4 8 END OF SECTION 9 CITY OF FORT WORTH (AMAC 2019-5) CDBG STREET REHABTIdTATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised July 1, 2011 004512 BID FORD Page 1 of 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work typo(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date HMAC Street Rehabilitation Heavy Maintenance and all items directly associated with the paving. FNH Construction, LLC July 1, 2021 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: FNH Construction, LLC By: P 'nted Name re 4099 McEwen Rd. Farmers Branch, {9idnc*re) TX 75244 Title. Title Here Date: [ 1 o�' P-0 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 41 0000 43 1300 42 43 00 43 37_00 45 12_00 35 13_Bid Proposal Workbook.xls 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of I SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER`S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for ali of its employees employed on City Project No. 101406, Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: FNH Construction, LLC By: Candace Gillespie Company (PIease Tint) 4099 McEwen Rd., Ste. 600 Signature: ` Address Farmers Branch, TX 75244 Title: City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § President (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared Candace Gillespie , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of FNH Construction, LLC for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 17 day of _April , 2019 MATTHEW PATCHIN, Jli. Notary Public in and for the State of Texas P i Notary Public. State of Texas yQ� Comm. Expires 07-17-2021 0oF0 .� Notary ID 131210474 OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 (HMAC 2019-5) CDEG STREET REHABILITATION 101406 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 00 45 40 - 1 Minority Business Enterprise Specifications Page I of 2 SECTION 00 45 40 Minority Business Enterprise Specifications APPLICATION OF POLICY If the total dollar value of the contract is greater than $50,000, then a MBE subcontracting goal is applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. MBE PROJECT GOALS The City's MBE goal on this project is 13% of the total bid value of the contract (Base bid applies to Parks and Community Services). Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. COMPLIANCE TO BID SPECIFICATIONS On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation, or 3. Good Faith Effort documentation, or; 4. Prime Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Purchasing Division, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the MBE ducurrvn(; lion in }person to the FLpprL1p17iate'U111pl0yee Of Ehe ptIrchasirig division and. ubmin a datellinie Peceipt, Such receipt ,,hill be evidence that the City received llic dneumefLtatioll lime allocated. A faxed andlnr emailed copy willnot be accepted. 1. Subcontractor Utilization Form, if received no later than 2:00 p.m., on the second City business goal is met or exceeded: day after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form, if day after the bid opening date, exclusive of the bid opening participation is less than stated oaI: 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 MBEparticipation: 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. CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised June 9, 201S 2 10 11 004540-2 Minority Business Enterprise Specifications Page 2 of 2 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. 1 FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE WILL RESULT IN THE BID BEING CONSIDERED NON-RESONSIVE TO SPECIFICATIONS. FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED NON -RESPONSIVE. A SECOND FAILURE WILL RESULT IN THE OFFEROR BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR. THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICAITON PERIOD OF THREE YEARS. Any Questions, Please Contact The M/WBE Office at (817) 212-2674. END OF SECTION CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised June 9, 2015 005243-1 Agreement Page 1 of 5 1 SECTION 00 52 43 2 AGREEMENT 3 4 THIS AGREEMENT, authorized on June 25, 2019 is made by and between the City of Forth 5 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 6 ("City"), and FNH Construction, LLC, authorized to do business in Texas, acting by and through 7 its duly authorized representative, ("Contractor"). 8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1. WORK I Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2. PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 (HMAC 2019-5) CDBG STREET REHABILITATION 17 101406 18 Article 3. CONTRACT PRICE 19 City agrees to pay Contractor for performance of the Work in accordance with the Contract 20 ` Documents an amount, in current funds, of One Million, One Hundred Forty Thousand, Eight 21 Hundred Twenty Seven and 501100 Dollars ($1,140,827.50). 22 Article 4. CONTRACT TIME 23 4.1 Final Acceptance. 24 The Work will be complete for Final Acceptance within 210 Calendar days after the date 25 when the Contract Time commences to run, as provided in Paragraph 2.03 of the General 26 Conditions, plus any extension thereof allowed in accordance with Article 12 of the 27 General Conditions. 28 4.2 Liquidated Damages 29 Contractor recognizes that time is of the essence for completion of Milestones, if any, and 30 to achieve Final Acceptance of the Work and City will suffer financial loss if the Work is 31 not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also 32 recognizes the delays, expense and difficulties involved in proving in a legal proceeding, 33 the actual loss suffered by the City if the Work is not completed on time. Accordingly, 34 instead of requiring any such proof, Contractor agrees that as liquidated damages for 35 delay (but not as a penalty), Contractor shall pay City Six Hundred and Fifty Dollars 36 ($650.00) for each day that expires after the time specified in Paragraph 4.1 for Final 37 Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTI3 (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised 11.15.17 00 52 43 - 2 Agreement Page 2 of 5 38 Article 5. CONTRACT DOCUMENTS 39 5.1 CONTENTS: 40 A. The Contract Documents which comprise the entire agreement between City and 41 Contractor concerning the Work consist of the following: 42 1. This Agreement. 43 2. Attachments to this Agreement: 44 a. Bid Form 45 1) Proposal Form 46 2) Vendor Compliance to State Law Non -Resident Bidder 47 3) Prequalification Statement 48 4) State and Federal documents (project specific) 49 b. Current Prevailing Wage Rate Table 50 c. Insurance ACORD Forin(s) 51 d. Payment Bond 52 e. Performance Bond 53 f. Maintenance Bond 54 g. Power of Attorney for the Bonds 55 h. Worker's Compensation Affidavit 56 i. MBE and/or SBE Utilization Form 57 3. General Conditions. 58 4. Supplementary Conditions. 59 5. Specifications specifically made a part of the Contract Documents by attachment 60 or, if not attached, as incorporated by reference and described in the Table of 61 Contents of the Project's Contract Documents. 62 6. Drawings. 63 7. Addenda. 64 8. Documentation submitted by Contractor prior to Notice of Award. 65 9. The following which may be delivered or issued after the Effective Date of the 66 Agreement and, if issued, become an incorporated part of the Contract Documents: 67 a. Notice to Proceed. 68 b. Field Orders. 69 c. Change Orders. 70 d. Letter of Final Acceptance. 71 72 Article 6. IlVDEMNIMCATION 73 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 74 expense, the city, its officers, servants and employees, from and against any and all 75 claims arising out of, or alleged to arise out of, the work and services to be performed 76 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 77 under this contract. This indemnification provision is specificallyintendedto operate 78 and be effective even if it is alleged or proven that all or some of the damages bein 79 - sought were caused in whole or in part, by apy act omission or negligence of the ci . 80 This indemnity provision is intended to include, without limitation, indemnity for 81 costs, expenses and legal fees incurred by the city in defending against such claims and 82 causes of actions. 83 CITY OF FORT WORTH (I-D tAC 2019-5) CDHG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised 11,15.I7 00 52 43 - 3 Agreement Page 3 of 5 84 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 85 86 87 88 89 90 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 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, 91 by any act, omission or neglilzence of the city. 92 93 Article 7. MISCELLANEOUS 94 7.1 Terms. 95 Terms used in this Agreement which are defined in Article I of the General Conditions will 96 have the meanings indicated in the General Conditions. 97 7.2 Assignment of Contract. 98 This Agreement, including all of the Contract Documents may not be assigned by the 99 Contractor without the advanced express written consent of the City. 100 7.3 Successors and Assigns. 101 City and Contractor each binds itself, its partners, successors, assigns and legal 102 representatives to the other party hereto, in respect to all covenants, agreements and 103 obligations contained in the Contract Documents. 104 7.4 Severability. 105 Any provision or part of the Contract Documents held to be unconstitutional, void or 106 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 107 remaining provisions shall continue to be valid and binding upon CITY and 108 CONTRACTOR. 109 7.5 Governing Law and Venue. 110 This Agreement, including all of the Contract Documents is performable in the State of 11I Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 112 Northern District of Texas, part Worth Division. 113 7.6 Authority to Sign. 114 Contractor shall attach evidence of authority to sign Agreement if signed by someone other 115 than the duly authorized signatory of the Contractor. 116 117 7.7 Prohibition On Contracts With Companies Boycotting Israel. 118 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government 119 Code, the City is prohibited from entering into a contract with a company for goods or 120 services unless the contract contains a written verification from the company that it: (1) 121 does not boycott Israel; and (2) will not boycott Israel during the term of the contract. CITY OF FORT WORTH (NNAC 2019-5) CDBG STREET RLHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised I1.15.I7 00 52 43 - 4 Agreement Page 4 of 5 122 The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms 123 in Section 808.001 of the Texas Government Code. By signing this contract, Contractor 124 certifies that Contractor's signature provides written verification to the City that 125 Contractor. (I) sloes not boycott Israel; and (2) will not boycott Israel during the term of 126 the contract. 127 128 7.8 Immigration Nationality Act. 129 Contractor shall verify the identity and employment eligibility of its employees who 130 perform work under this Agreement, including completing the Employment Eligibility 131 Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of 132 all I-9 forms and supporting eligibility documentation for each employee who performs 133 work under this Agreement. Contractor shall adhere to all Federal and State laws as well as 134 establish appropriate procedures and controls so that no services will be performed by any 135 Contractor employee who is not legally eligible to perform such services. 136 CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS 137 FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF 138 THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, 139 SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to 140 Contractor, shall have the right to immediately terminate this Agreement for violations of 141 this provision by Contractor. 142 143 7.9 No Third -Party Beneficiaries. 144 This Agreement gives no rights or benefits to anyone other than the City and the Contractor 145 and there are no third -party beneficiaries. 146 147 7.10 No Cause of Action Against Engineer. 148 Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their 149 sureties, shall maintain no direct action against the Engineer, its officers, employees, and 150 subcontractors, for any claim arising out of, in connection with, or resulting from the 151 engineering services performed. Only the City will be the beneficiary of any undertaking by 152 the Engineer. The presence or duties of the Engineer's personnel at a construction site, 153 whether as on -site representatives or otherwise, do not make the Engineer or its personnel 154 in any way responsible for those duties that belong to the City and/or the City's construction 155 contractors or other entities, and do not relieve the construction contractors or any other 156 entity of their obligations, duties, and responsibilities, including, but not Iimited to, all 157 construction methods, means, techniques, sequences, and procedures necessary for 158 coordinating and completing all portions of the construction work in accordance with the 159 Contract Documents and any health or safety precautions required by such construction 160 work. The Engineer and its personnel have no authority to exercise any control over any 161 construction contractor or other entity or their employees in comnection with their work or 162 any health or safety precautions. 163 164 SIGNATURE PAGE TO FOLLOW 165 CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 10I406 Revised 11.15.17 00 52 43 - 5 Agreement Page 5 of 5 166 167 168 169 170 171 172 173 174 175 176 177 178 IN WITNESS WBEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor. City of Fort Worth FNH Construction, LLC By: Dana ghdoff By: Interim Assi t t City Manager (Signature j Q r Date [ I Attest: �" �- (P1n rinted Name)-1 City S cretary Title: (Seal) Address:q� 4099 McEwen Rd. M&C l 0 Farmers Branch, TX 75244 ' Date:06/25/2019 Form 1295 No. 2019-492185 City/State/Zip: Contract Compliance Manager: y� By signing, I acknowledge that I am the person responsible for the monitoring and Date administration of this contract, including ensuring all performance and reporting requirements. Kristian Sugrim Project Manager Approved as to Form and Legality: BgZ!as fW.Black Assistant City Attorney OV L RE- CWFD: =ooke DIRECTOR, Transportation and Public Wo CITY OF TORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 11.15.17 (UP4AC 201 OFFICIAL REWORD CITY SECRETARY F`r:WORTH, TX REHA131LITATION 101406 Bond No. HICSW 10-A221-0071 0061 13 -1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, FNH Construction, LLC, known as "Principal" herein and 9 Hudson Insurance Company , a corporate surety(sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of Texas, known as "City" herein, in the penal sum of, One Million, One 13 Hundred Forty Thousand, Eight Hundred Twenty Seven and 50/100 Dollars ($1,140,827.50), 14 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the 15 payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, 16 administrators, successors and assigns, jointly and severally, firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City 18 awarded the 25th day of June, 2019, which Contract is hereby referred to and made a part hereof 19 for all purposes as if fully set forth heroin, to furnish all materials, equipment labor and other 20 accessories defined by law, in the prosecution of the Work, including any Change Orders, as 21 provided for in said Contract designated as (HMAC 2019-5) CDBG STREET 22 REHABILITATION, 101406. 23 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 26 specifications, and contract documents therein referred to, and as well during any period of 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be 28 and become null and void, otherwise to remain in full force and effect. 29 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 30 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 31 Worth Division. CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised July 1, 2011 0061 13 -2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 25th day of 7 8 9 10 11 12 13 14 1s 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 June , 201 9 . ATTEST: r rincipal) Secretary %.,u,n-1- Witness as to Principal rrla# 174*4,hin Witness as to Surety onnie Kregel PRINCIPAL: Signature ' Name and Title Address: 4099 McEwen Rd. Farmers Branch, TX 75244 SURETY: Hudson Insurance Company BY: of c{' ;,sigl6turK Jeffrey Todd McIntosh, Attorney -in -Fact Name and Title Address: 100 William Street, 5th Floor New York, NY 10038 Telephone Number: (212) 978-2800 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH (HMAC 2019.5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS I01406 Revised July I, 2011 Bond No. HICSW 10-A221-0071 1 2 3 4 THE STATE OF TEXAS 5 6 COUffrY OF TARRANT 7 0061 14 -1 PAYMENT BOND Page 1 of 2 SECTION 00 6114 PAYMENT BOND § KNOW ALL BY THESE PRESENTS: 8 That we, FNH Construction, LLC, known as "Principal" herein, and 9 Hudson Insurance Company , a corporate surety 10 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein I l (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 12 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 13 penal sum of One Million, One Hundred Forty Thousand, Eight Hundred Twenty Seven and 14 501100 Dollars ($1,140,827.50), lawful money of the United States, to be paid in Fort Worth, 15 Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, 16 our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 17 presents: l8 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 19 250' day of June, 2019, which Contract is hereby referred to and made a part hereof for all 20 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other 21 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 22 designated as (HMAC 2019-5) CDBG STREET REHABILITATION, 101406. 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and ail) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 CITY OF FORT WORTH (HMAC 20154) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised July 1, 201 l 2 3 4 5 6 7 8 9 10 12 0061 14-2 PAYMENT BOND Page 2 of 2 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 25th day of June , 2019 ATTEST: e Secretary 1,00,tt� Witness as to Principal rn -%•-If- PA4 c k in ATTEST: See Power of Attorney (Surety) Secretary Witness as to Surety 'Connie Kregel PRINCIPAL: FNH Construction, LLC. Signature ame and Title cam, Address: 4099 McEwen R Farmers Branch, TX 75244 SURETY: Hudson Insurance Company BY: Sign4ttfre Jeffrey Todd McIntosh, Attorney -in -Fact Name and Title Address: 100 William Street, 5th Roor_ New York, NY 10038 Telephone Number: (212) 978-2800 Note: If signed by an officers of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 (HMAC 2019.5) CDBG STREET REHABILITATION 101406 Bond No. HICSW-10-A221-0071 0061 19 - 1 MAINTENANCE BOND Page 1 of 3 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 FNH Construction, LLC, known as "Principal" herein and 9 Hudson Insurance Company , a corporate surety (sureties, if more than t0 one) duly authorized to do business in the State of Texas, 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 Million, 13 One Hundred Forty Thousand, Eight Hundred Twenty Seven and 50/100 Dollars 14 ($),140,827.50/100), lawful money of the United States, to be paid in Fort Worth, Tarrant 15 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 25th day of June, 2019, 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 (HMAC 2019-5) CDBG STREET REHABILITATION, 10 1406; 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 QWAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised July 1, 2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE, the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City, to a completion 3 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to S 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 (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised July 1, 2011 0061 19 - 3 MAINTENANCE BOND Page 3 of 3 IN WITLESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 25th day of June ,2019 5 6 7 8 9 10 11 ATTEST: 12 13 14 (rincipal) Secretary l5 16 17 is 19 20 Witness as to Principal 21 /nr-tf Pa+trill 22 23 24 25 26 27 28 29 ATTEST: 30 31 See Power of Attorney 32 (Surety) Secretary 33 34 35 Witness as to Suretyonnie Kregel 36 PRINCIPAL: FNH Construction, LLC. Name and Title r Address: 4099 McEwen Rd. Farmers Branch, TX 75244 SURETY: Hudson Insurance Company BY: atu Jeffrey Todd McIntosh, Attorney-i1—Fact Name and Title Address: 100 William Street, 5th Floor New York, NY 10038 Telephone Number: (212) 978-2800 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. CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised July I, 2011 Hi J DSO POWER OF A'I"I'ORNEY H ICSW-10-A221-0071 KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed, and by these presents, does make, constitute and appoint Jeffrey Todd McIntosh, Connie Jean Kregel of the state of Texas its true and lawful Attomey(s)-in-Fact, at New York, New York, each of them alone to have full power to act without the other or others, to make, execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of Ten Million Dollars ($10,000,000.00.). Such bonds and undertakings when duly executed by saidAltorney(s)-in-Fact, shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company tinder its corporate seal attested by its Secretary. w,...... ..... ,, en Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Senior Vice President ereunto duly �rrSPi.3n this 15th day of May 20 SEAL ��(Corygs�re s 5 Attest.., ..n--/ .(� (,'�l s � ....... Dina Daskalakis Corporate Secretary STATE OF NEW YORK COUNTY OF NEW YORK. SS. 18 at -New York, Now York, HUDSON INSURANCE COMPANY B ....-1�_�...... .....�;- ......... y �. Michael P. Cifone � Senior Vice President v On the 15th day of May 20 18 before me personally came Michael P Ci£une to me known, who being by me duly sworn did depose and say that ]to is a Senior Vice President n'f l[UDSON INSURANCE COMPANY, the corltorel i-rN •le�!nribed herein and which executed the above instrument, that he knows the seal of said Corporation, that the seal affixed to said instrument is such corporate seal, that.ii 'as sp affixed by ord '' of the Board of Directors of said Corporation,.and that he signed his name f�g6eto by like order. y I ��eek5j1et 9Prrye�/+P' i l} c .... (Notarial Seal) MURPIIY a` I,' , •,fig Notary Public, State o£New or No, OIMU6067553 . a a Qualified in Nassau County Commission Expires December 10, 2021 :- CERT'IFICATION STATE OF NEW YORK COUNTY OF N W YORK �>e��5.° �dV� 00°4� The undersigned Dina ➢aslodakis hereby certifies: That the original resolution, of which the following is a true and correct copy, was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 27'r', 2007, and has not since been revoked, amended or modified: "RESOLVED, that the President, the Executive 'Vice Presidents, the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion, to appoint such agent or agents, or attorney or attorneys -in -fact, for the purpose of carrying on this Company's surety business, and to empower such agent or agents, or attorney or attomeys-in-fact, to execute and deliver, under this Company's seal or otherwise, bonds obligations, and recognizarre", whether made by this Company as surety thereon or otherwise, indemnity, contracts, contracts and certificates, and any and all other contracts and undertaings made in the course of this Company's surety business, and renewals, extensions, agreements, waivers, consents or stipulations regarding undertakings so.madc,.and FURTHER RESOVVED, that the signature of any such Officer of the Company and the Company's sea] may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seal when so used whether heretofore or hereafter, bring hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed." TP(AT the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the er of Mtorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said omc is now in for". the r� �A� da Lt y Y e hard of the undersigned and the seal of said Corporation _J. T' 1 oration this of 20_ cCilri:�� V �� rr to sdal) .......... ...`. a " ..... :..... ..................... By. Dina Daskalakis, Corporate Secretary 1. IMPORTANT NOTICE To obtain information or make a complaint: 2. You may contact your Agent at (972) 381-4270. 3. You may call Hudson Insurance Company's toll - free telephone number for information or to make a complaint at: 1-800-388-3647 4. You may also write to Hudson Insurance Company at: 100 William Street, 5th Floor New York, NY 10038 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 6. You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtectione-tdi. state. tx. us 7, PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the (agent) first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener information o para someter una queja: Puede comunicarse con su (title) al (telephone number). Usted puede Ilamar al numero de telefono gratis de Hudson Insurance Company's para information o para someter una queja al: 1-800-388-3647 Usted tambien puede escribir a Hudson Insurance Company al: 100 William Street, 5th Floor New York, NY 10038 Puede Comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: Cons umerProtection tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el (agente) primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE "ISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condition del documento adjunto. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUILDERS EXTENDED LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed that the provisions listed below apply only upon the entry of an XX in the box next to the caption of such provision. A. 0 Partnership and Joint Venture Extension N. 0 Construction Project General Aggregate Limits B. ❑X Contractors Automatic Additional Insured Coverage -- Ongoing Operations C. 0 Automatic Waiver of Subrogation D. 0 Extended Notice of Cancellation, Nonrenewal E. i X ,, Unintentional Failure to Disclose Hazards F. 0 Broadened Mobile Equipment G. 0 Personal and Advertising Injury - Contractual Coverage H. 0 Nonomployment Discrimination I. FX-] Liquor Liability J. 0 Broadened Conditions K. 0 Automatic Additional Insureds - Equipment Leases L. ❑X Insured Contract Extension - Railroad Property and Construction Contracts M. OX Turnkey Jobs - Coverage For Alienated Premises O. FX-� Fellow Employee Coverage P. 0 Property Damage Liability - Elevators a 0 Property Damage to the Named Insureds Work R. F —X] Care, Custody or Control S. 0 Concrete Rework Labor Reimbursement Coverage T. 0 Lost Key Coverage U. 0 Electronic Data Liability Coverage V. F—X1 Consolidated Insurance Program Residual Liability Coverage W 0 Automatic Additional Insureds - Managers or Lessors of Premises X. Automatic Additional Insureds - State or Governmental Agency or Political Subdivisions - Permits or Authorizations Y. Contractors Automatic Additional Insured Coverage - Completed Operations Z. XCI Additional Insured - Engineers, Architects or Surveyors A. PARTNERSHIP AND JOINT VENTURE EXTENSION The following provision is added to SECTION II - WHO IS AN INSURED: The last full paragraph which reads as follows: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited iiability company that is not shown as a Named Insured in the Declarations. GL-3084 (09/11) -1- is deleted and replaced with the following: With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member, you are an insured, but only with respect to liability arising out of "your work" on behalf of any partnership or joint venture not shown as a Named Insured in the Declarations, provided no other similar liability insurance is available to you for "your work" in connection with your interest in such partnership or joint venture. B. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE — ONGOING OPERATIONS SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: f. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the project(s) designated in the written contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after; 1, All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has boon completed; or That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. C. AUTOMATIC WAIVED OF SUBROGATION Item 8. of SECTION IV - COMMERCIAL GENERAL LIA13ILFTY CONDITIONS, is deleted and replaced with the following: 8. Transfer of Rights of Recovery Against Others to Us and Airtonnatic Waiver of Subrogation. a. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of "your work" for that person or organization. GL-3084 (09/11) -2- D. EI+TrENDED NOTICE OF CANCELLATION, NONRENEWAL Item A.2.b. of the COMMON POLICY CONDrnONS, is deleted and replaced with the following: A.2.b. 60 days before the effective date of the cancellation if we cancel for any other reason. Item S. of SECTION IV v COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 9. WHEN WE IDO NOT RENEW a. If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a. above, it is agreed that you may extend the period of this policy for a maximum additional sixty(60) days from its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one time sixty day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9. a. above. E. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. F. BROADENED MOBILE EQUIPMENT Item 12.b. of SECTION V - DEFINITIONS, is deleted and replaced with the following: 12.b. Vehicles maintained for use solely on or next to premises, sites or locations you own, rent or occupy. G. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL COVERAGE Exclusion 2.e. of SECTION I, COVERAGE R is deleted. H. NONEMPLOYMENT DISCRIMINATION Unless "personal and advertising injury" is excluded from this policy: item 14. of SECTION V - DEFINITIONS, is amended to include: "Personal and advertising injury" also means embarrassment or humiliation, mental or emotional distress, physical illness, physical impairment, loss of earning capacity or monetary loss, which is caused by "discrimination." SECTION V - DEFINITI IONS, is amended to include: "Discrimination" means the unlawful treatment of individuals based on race, color, ethnic origin, age, gender or religion. GL-3084 (09/11) -3- Item 2. Exclusions of SECTION 1, COVERAGE B, is amended to include: "Personal and advertising injury" arising out of "discrimination" directly or indirectly related to the past employment, employment or prospective employment of any person or class of persons by any insured. "Personal and advertising injury" arising out of "discrimination" by or at your, your agents or your "employees" direction or with your, your agents or your "employees" knowledge or consent. "Personal and advertising injury" arising out of "discrimination" directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any dwelling, permanent lodging or premises by or at the direction of any insured. Fines, penalties, specific performance or injunctions levied or imposed by a governmental entity, or governmental code, law, or statute because of "discrimination." 1. LIQUOR LIABILITY Exclusion 2.c. of SECT ION I, COVERAGE A, is deleted. J. BROADENED CONDITIONS Items 2.a. and 2.16. of SECTION IV - COMMERCIAL GENERAL LIABILI[TY CONDITIONS, are deleted and replaced with the following: 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: a. You must see to it that we are notified of an 'occurrence" or an offense which may result in a claim as soon as practicable after the "occurrence" has been reported to you, one of your officers or an "employee" designated to give notice to us. Notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Record the specifics of the claim or "suit" and the date received as soon as you, one of your officers, or an "employee" designated to record such information is notified of it; and (2) Notify us in writing as soon as practicable after you, one of your officers, your legal department or an "employee" you designate to give us such notice learns of the claims or "suit." Item 2.e. is added to SECTION IV - COMMERCIAL GENERAL LIABILITY( CONDITTIONS: 2.e. If you report an "occurrence" to your workers compensation insurer which develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such "occurrence" to us at the time of "occurrence" shall not be deemed in violation of paragraphs 2.a., 2.b., and 2.0. However, you shall give written notice of this "occurrence" to us as soon as you are made aware of the fact that this "occurrence" may be a liability claim rather than a workers compensation claim. K. AUTOMATIC ADDITIONAL INSUREDS - EQUIPMENT LEASES SECTION II - WHO IS AN INSURED is amended to include any person or organization with whom you agree in a written equipment lease or rental agreement to name as an additional insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, at least in part, by GL-3084 (09/11) -4- your maintenance, operation, or use by you of the equipment leased to you by such person or organization, subject to the following additional exclusions. The insurance provided to the additional insured does not apply to: 1. "Bodily injury" or "property damage" occurring after you cease leasing the equipment. 2. 'Bodily injury" or "property damage" arising out of the sole negligence of the additional insured. 3. "Property damage" to: a. Property owned, used or occupied by or rented to the additional insured; or b. Property in the care, custody or control of the additional insured or over which the additional insured is for any purpose exercising physical control. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the writton contract requires this insurance to be primary_ In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Famed Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. L. INSURED CONTRACT EXTENSION -RAILROAD PROPER T1 Y AND CONSTRUCTION CONTRACTS Item 9. of SECTION d A OEFiNmONS, is deleted and replaced with the following. 9. "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; e, Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or GL-8084 (09/11) -5- (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. M. TURNKEY JOGS - COVERAGE FOR ALIENATED PREMISES It is agreed that: Exclusion 2J.(2) of SECTION 1, COVERAGE A, does not apply if the premises are "your work" and were not occupied, rented or held for rental by you for more than 12 months after completion. N. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMITS This modifies SECTION Ill - LIMITS OF INSURANCE. A. For all sums which can be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard," and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; �. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. 9. For all sums which cannot be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION 1 - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C. 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. GL-3084 (09/11) -6- Ln1' C. Payments for damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E, The provisions of SECTION III - LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to be applicable. O. FELLOW EMPLOYEE COVERAGE Exclusion 2.e. Employers Lfalbiltty of SECTION I, COVERAGE A, is deleted and replaced with the following: 2.e. "Bodily injury" to (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an "insured contract"; or (2) Liability arising from any action or omission of a co -"employee" while that co -"employee" is either in the course of his or her employment or performing duties related to the conduct of your business. Item 2.a.(iXa) of SECTION II - WHO IS AN INSURED, is deleted and replaced with the following: 2.a.(1)(a) To you, to your partners or members (if you are a partnership or joint venture) or to your members (if you are a limited liability company), or to your "volunteer workers" while performing duties related to the conduct of your business. P. PROPERTY DAMAGE LIABILITY - EL.EVA T ORS "Property damage" liability is changed as follows: 1. Exclusions 2J.(3) and 2.1.(4) of SECTION I, COVERAGE A, do not apply to the use of elevators. 2. The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis, and the OTHER INSURANCE condition is changed accordingly. GL-3084 (09/11) -7- TEXAS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (Ed. 7-84) TEXAS NOTICE OF MATERIAIL. CHANGE ENDORSEMENTI 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 cancelation 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: 30 2. Notice will be mailed to: ANY PERSON OR ORGANIZATION AS EVIDENCED BY A CERTIFICATE OF INSURANCE ISSUED ON THE COMPANY'S BEHALF BY IT'S LICFNSED AGENT. INSURED FNH Construction, LLC POLICY WC3678315 EFFECTIVE 02/11/2019 - 2020 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The infomiati on below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned by WC 42 06 01 Hart Forrm rvices (Ed. 7-84) Reorder o.4-4856 IK•,I[OVA I.A81 42W =11VW+,:' This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRI ER COVERAGE FORM TRUCKERS COVERAGE FORM IMth respect to Coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Named Insured: Authorized Represeritatiyje Number of Doo Malice: 30 Nmm of Perm or Organization: i .7.T Any person or organization as evidenced by a Certificate of Insurance issued on the company's behalf by its licensed agent. If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of days notice indicated in the Schedule. INSURED FNH Construction, LL,C POLICY CAP3678316 EFFECTIVE 02/11/2019 - 2020 GA 02 44 06 04 Q ISO Properties, Inc., 2003 Page 1 of 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY C G 02 0612 04 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ 1T CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance; provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: Any person or organization as evidenced by a certificate of insurance issued on the company's behalf by its licensed agent. 2. Address: 3. of days advance Notice: 3 0 Information required to complete this Schedule, if not shown above, will be shown in the Declarations, INSURED FNH Construction, LLC POLICY CLP3678314 EFFECTIVE 0211112019 - 2020 CG 02 05 12 04 0 ISO Properties, Inc., 2003 Page 1 of 1 O. PROPERTY DAMAGE T O THE NAMED INSURED'S WORK Exclusion I of SECTION I, COVERAGE A. is deleted and replaced with the following: 1. Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products completed operation hazard." This exclusion applies only to that portion of any loss in excess of $50,000 per occurrence if the damaged work and the work out of which the damage arises was performed by you. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. R. CARE, CUSTODY OR CONTROL Exclusion 2.1.4 of SECTION 1, COVERAGE A. is deleted and replaced with the following: 2.1.4 Personal property in the care, custody or control of the insured. However, for personal property in the care, custody or control of you or your "employees," this exclusion applies only to that portion of any loss in excess of $25,000 per occurrence, subject to the following terms and conditions; (a) The most that we will pay under this provision as an annual aggregate is $100,000, regardless of the number of occurrences. (b) This provision does not apply to "employee" owned property or any property that is missing where there is not physical evidence to show what happened to the property. (c) The aggregate limit for this coverage provision is part of the General Aggregate Limit and SECTION III m LIMITS OF INSURANCE is changed accordingly- (d) In the event of damage to or destruction of property covered by this exception, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto, at actual cost to you, exclusive of prospective profit or overhead charges of any nature. (e) $2,500 shall be deducted from the total amount of all sums you became obligated to pay as damages on account of damage to or destruction of all property of each person or organization, including the loss of use of that property, as a result of each 'occurrence." Our limit of liability under the endorsement as being applicable to each 'occurrence" shall be reduced by the amount of the deductible indicated above; however, our aggregate limit of liability under this provision shall not be reduced by the amount of such deductible. The conditions of the policy, including those with respect to duties in the event of "occurrence," claims or "suit' apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. S. CONCRETE REWORK LABOR REIMBURSEMENT COVERAGE As it applies to this coverage, SECTION I m COVERAGE A Is amended as follows: 1. Insuring Agreement, is deleted and replaced by the following: We will reimburse you for your direct labor expense associated with your "concrete rework" which was performed by you during the policy period due to the original "concrete product' failing to meet contractual specifications as ordered for the job or accepted industry standards for its specific GL-3084 (09111) -8- intended use, verified by testing by an ASTM (American Society of Testing & Materials) accredited independent testing agency. 2. Exclusions, is deleted and replaced by the following: The insurance provided by this endorsement does not apply to: a. "Cosmetic Defects" b. Loss of use c. Changes to the "concrete product" contractual specifications not acknowledged by the named insured in writing prior to the beginning of the job d. "Loss" arising from the "subsidence" of land ®. "Loss" arising from work performed on your behalf by a subcontractor, except for the supply of the "concrete product" f. Cost of materials used in the installation of the "concrete product" or "concrete rework" g. Damages or "loss" that is covered by a Property or Inland Marine coverage form for your financial interest in your project and structures h. "Loss" unless the "concrete rework" is completed within one year from the completion of the original "concrete product" installation performed by you 1. "Loss" caused by the failure to order the "concrete product" as required: a. In the contractual specifications; or b. By accepted industry standards for its specific intended use j. "Loss" expected or intended from the standpoint of the insured k "Concrete product" supplied by you SECTION III - LIMrrS OF INSURANCE Is amanded to include the following- 1. The Limits of Insurance as shown and the rules below fix the most we will pay regardless of the number of a. Insureds covered under this insurance; b. "Concrete rework" projects to which this insurance applies. "Concrete Rework" Project Limit $50,000 "Concrete Rework" Policy Aggregate Limits $50,000 "Concrete Rework" Deductible $ 1,000 2. The "Concrete Rework" Project Limit shown above is the most we will reimburse you for your direct labor expense arising out of any single "concrete rework" project. 3. Subject to 2. above, the "Concrete Rework" Policy Aggregate Limit shown above is the most we will reimburse you for your direct labor expenses for the'sum of all "concrete rework" projects. GL-3084 (09/11) -9- 4. The "Concrete Rework" Project Limit and the "Concrete Rework" Policy Aggregate Limits shall be included within and not be in addition to the General Aggregate Limit or the Products -Completed Operations Aggregate Limit (whichever applies), as stated in the declarations and as described in SECTION III - LIMITS OF INSURANCE. 5. Our obligation to reimburse you applies only to the amount of your direct labor expense in excess of the "Concrete Rework" Deductible stated above. This deductible shall apply separately to each "concrete rework" project. The Limits of Insurance of this coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with either the beginning of the policy period shown in the Declarations, or the effective date of the endorsement, whichever is less. If the policy period is extended after issuance for an additional period of less than 12 months the additional period will be deemed part of the preceding period for purposes of determining the Limits of Insurance. SECTION I!!' - COMMERCIAL. GENERAL LIABILITY CONOrrIONS is amended as follows: Item 2. Duties in The Event Of Occurrence, Offense, Claim Or Suit is deleted and replaced by the following. 2. Duties in -rhe Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified prior to completing the "concrete rework" which may result in labor reimbursement. Notice should include: (1) How, when and where the incident took place; (2) The names and addresses of any witnesses, and (3) The estimated labor expense for the "concrete rework" b. You must promptly take all steps to minimize the expenses involved. c. You must cooperate with us and upon request, assist in enforcing any right of contribution or indemnity against any person or organization. d. You must provide us with proof of loss and any other required documents within 60 days of our request. You must also. permit us to examine and copy any of your books and records at any reasonable time. You, your "employees" and your agents must, if we require you to, submit to examination under oath at such times as may be required, and sign a copy of the examination. e. No insureds will, except at their own cost, assume any obligation, or incur any expense without our consent. SECTION W - DEFINITIONS is amended to add the following: "Concrete rework" means the alteration, repair, removal or replacement of a "concrete product" "Concrete product" means any product you directly install consisting of concrete, cement, sand, mortar mix or related materials "Cosmetic defects" means a superficial or surface defect that does not affect the structural integrity of the "concrete product" "Loss" means your direct labor expense associated with a "concrete rework" project "Subsidence" means earth movement, including but not limited to: a. Landslide; GL-3084 (09111) -10- b. Mud flow; C. Earth sinking; d. Earth rising, 0. Collapse or movement of fill; f. Improper compaction; g. Earth settling, slipping, falling away, caving in, eroding, tilting or shifting; h. Earthquake; or I. Any other movement of land or earth. T. LOST KEY COVERAGE As it applies to this coverage, SECTION I, COVERAGE A, is amended to include as follows: We will pay those sums, subject to the limits of liability and deductible stated herein, that you become legally obligated to pay as damages due to the loss or mysterious disappearance of keys entrusted to or in the care, custody or control of you or your "employees" or anyone acting on your behalf. The damages covered by this endorsement are limited to the: 1. Actual cost of the keys; 2. Cost to adjust locks to accept new keys; or 3. Cost of new locks, if required, including the cost of installation. Item 2. Exclusions of SECTION I, COVERAGE A, is amended to include the following: 1. Keys owned by any insured, employees of any insured, or anyone acting on behalf of any insured. 2. Any resulting loss of use from the loss or mysterious disappearance of keys; or 3. Any of the following acts by any insured, employees of any insured, or anyone acting on behalf of any insureds: a. Misappropriation; b. Concealment; C. Conversion; d. Fraud; or a. Dishonesty Exclusions 2J.(3) and 2J.(4) of SECTION 1, COVERAGE A do not apply to Lost Key Coverage. SEC7170N III - LIIYI(tTS OF INSURANCE is amended to include the following. 11. `fhe Lost Key Coverage Occurrence Limit shown below is the most we will pay for each occurrence for damages for Lost Key Coverage provided in this endorsement. GL-3084 (09/11) -11- 2. The Lost Key Coverage Policy Aggregate Limit shown below is the most we will pay for all occurrences covered by this endorsement during the policy period. Lost Key Coverage Occurrence Limit $50,000 Lost Key Coverage Policy Aggregate Limit $50,000 Lost Key Coverage Deductible $ 1,000 3. The Lost Key Coverage Policy Aggregate Limit shall be included within and not be in addition to the General Aggregate Limit or the Products -Completed Operations Aggregate Limit (whichever applies), as stated in the declarations and as described in SECTION III - LIMITS OF INSURANCE. Our obligation under this coverage to pay damages on your behalf applies only to the amount of damages in excess of the Lost Key Coverage Deductible stated above. The deductible applies on an "occurrence" basis_ We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. U. ELECTRONIC DATA LIABILITY COVERAGE 1. Exclusion 2.p. Electronic Date of SECTION I, COVERAGE A, is deleted and replaced with the following: 2.p. Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic -data" that does not result from physical injury to tangible property. 2. The following definition is added to SECTION V — DEFINFTIONS: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 3. For the purposes of this coverage, the definition of "property damage" in SECTION V — DEFINIITIONS is replaced by the following: "Property damage" means: 0. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or C. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. V. CONSOLIDATED INSURANCE PROGRAM RESIDUAL LIAB]Lt i-Y COVERAGE With respect to "bodily injury", "property damage", or 'personal and advertising injury" arising out of your ongoing operations; or operations included within the "products -completed operations hazard", the policy to GL-3084 (09111) -12- which this coverago is attached shall apply as excess insurance over coverage available to "you" under a Consolidated Insurance Program (such as an Owner Controlled Insurance Program or Contractors Controlled Insurance Program). Coverage afforded by this endorsement does not apply to any Consolidated Insurance Program involving a "residential project" or any deductible or insured retention, specified in the Consolidated Insurance Program. The following is added to Sedion V a Definitions "Residential project" means any project where 30% or more of the total square foot area of the structures on the project is used or is intended to be used for human residency. This includes but is not limited to single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments and appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). A "residential project" does not include military owned housing, college/university owned housing or dormitories, long term care facilities, hotels, motels, hospitals or prisons. All other terms, provisions, exclusions and limitations of this policy apply. W. AUTOMATIC ADDITIONAL INSUREDS o MANAGERS OR LESSORS OF PREMISES SECTION II -- WHO IS AN INSURED is amentlef to include: Any person or organization with whom you agree in a written contract or written agreement to name as an additional insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises, designated in the written contract or written agreement, that is leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrenco" which takes place after you cease to be a tenant in that promises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured listed in the written contract or written agreement. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. X. AUTOMATIC AODMONAL INSUREDS s STATE OR GOVERNMENTAL AGENCY OR POLirICAL SUBDIVISIONS — PERMITS OR AUTHORIZATIONS SECTION 11 s WHO IS AN INSURED is amended to include any state or governmental agency or subdivision or political subdivision with whom you are required by written contract, ordinance, law or building code to name as an additional insured subject to the following provisions: This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard" 01_-3084 (09/11) -13- This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. Y. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE -- COMPLETED OPERATIONS SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for completed operations, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the project designated in the contract, performed for that additional insured and included in the "products -completed operations hazard". This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. Z. ADDITIONAL INSURED -- ENGINEERS, ARCHITECTS OR SURVEYORS SECTION 11 -- WHO IS AN INSURED is amended to include as an additional insured any architect, engineer or surveyor who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. This includes such architect, engineer or surveyor, who may not be engaged by you, but is contractually required to be added as an additional insured to your policy. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: 1. The preparing, approving, or falling to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or 2. Supervisory, inspection or engineering services. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. INSURED FNH Construction, LLC POLICY CLP3678314 EFFECTIVE 02/11/2019 - 2020 GL-3084 (09/11) -14- POLICY NUMBER: COMMERCIAL AUTO CA 20 48 02 99 HIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated be- low. Endorsement Effective: Countersigned By: (Authorized Representative Named Insured: SCHEDULE Name of Person(s) or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM THE INSURED HAS AGREEED BY WRITTEN CONTRACT TO DESIGNATE AS AN ADDITIONAL INSURI=D SUBJECT TO ALL THE PROVISIONS AND LIMITATIONS OF THIS POLICY. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. INSURED FNH Construction, LLC POLICY CAP3678316 EFFECTIVE 02/11/2019 - 2020 CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 0 INSURED FNH Construction, LLC POLICY CAP3678316 EFFECTIVE 02/11/2019 - 2020 4. Loss Payment — Physical Damage Coverages At our option, we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen properly, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will include the applicable sales tax for the damaged or stolen property. S. Transfer Of Flights Of Recovery Against Others T o Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Banhruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of anti obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally conceals or misrepresents a material fact concerning: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 4. No Benefit To Bailee ® Physical Oamage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting properly for a fee regardless of any other provision of this Coverage Form. a. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own; or (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Covered Atrios Llahilily Coverage is prJmary (or any liabillly assumed under an "Insured canfrad'. d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. S. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. CA, 00 01 1012 0 Insurance Services Office, Inc., 2011 Page 9 of 12 POLICY NUMBER: COMMERCIAL AUTO CA 04 44 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the poiicy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organiaation(s): "Any person or organization for whom the named insured is operating under written contract when such contract requires a waiver of subrogation." _information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. INSURED FNH Construction, LLC POLICY CAP3678316 EFFECTIVE 02111120189 - 2020 CA 04 44 0310 0 Insurance Services Office, Inc., 2009 gage 1 of I WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 A (Ed. 1-00) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Infor- mation Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( )Specific Waiver Name of person or organization ( X )Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: Inc 1 . The premium charge for this endorsement shall be VR5 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium I ncl . This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information bellow is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 0211112019 Policy No. WC3678315 Insured FNH Construction, LLC Insurance Company Bitco General Insurance Corporation WC420304A (Ed. 1-00) Countersigned by Endorsement No. Premium $ Had Forms & Ser0ees Reorder No. 14.0253 IN,_)VrRru rmm l.on5Lrurtion, P--.L POLICY CX005BX19 EFFECTIVE 02/11/2019 - 2020 ASPEN ASPEN EXCESS LIABILITY INSURANCE POLICY ASPEN AMERICAN INSURANCE COMPANY 690 MADISON AVENUE, 7TW FLOOR NEW YORK, NY 10022 (A stock insurance company incorporated under the laws of Texas hereinafter called the "Company") There are provisions in this Policy that restrict coverage. Read the entire policy carefully to determine rights, duties, and what is and is not covered. Throughout this Policy the words "you" and "your" refer to the Named Insured set forth in the Declarations, and any other person or organization qualifying as a Named Insured under this Policy. The term Company refers to the Company providing this insurance. Words and phrases in quotation marks have special meaning and can be found in the Definitions or the specific policy provision where they appear. In consideration of the payment of the premium and in reliance upon the statements in the Declarations, and subject to a[[ terms of this Policy, the Company agrees with you to provide coverage as follows: INSURING AGREEMENTS COVERAGE The Company will pay on behalf of the Insured "loss" resulting from an occurrence during the "policy period". The Company will pay such "loss" in excess of the Underlying Insurance set forth in ITEM 5. of the Declarations, but only up to an amount not exceeding the Limits of Liability set forth in ITEM 4. of the Declarations for this Policy. (Except for any definitions, terms, condiJons and excluslons cf thkrs Policy, the coverage provided by Mls Policy is subject to the terms and conditions of the First Underlying Insurance Policy, as set forth in ITEM S. ox the Decterations for this policy. The inclusion or addition hereunder of more than one Insured shall not operate to increase the Limits of Liability beyond that set forth in ITEM 4. of the Declarations for this Policy. The Company will be furnished a complete copy of the First Underlying Insurance Policy set forth in ITEM 5. of the Declarations for this Policy. II. LIMITS OF LIABILITY A. The Limits of Liability set forth in ITEM 4. of the Declarations for this Policy and the rules below describe the most the Company will pay regardless of the number of.- 1. Insureds; 2. Claims made or suits brought; or 3. Persons or organizations making claims or bringing suits. B. The Limits of Liability of this Policy will apply as follows: 1. This Policy applies only in excess of the Underlying Insurance set forth in ITEM 5. of the Declarations for this Policy. 2. The aggregate limit set forth in ITEM 4. of the Declarations for this Policy is the most the Company will pay for all "loss" that is subject to an aggregate limit provided by the First Underlying Insurance Policy. The aggregate Ilmlt applies separately and in the same manner as the aggregate limits provided,by the Mrst Underlying Insurance Policy, 3. Subject to Paragraph B.2. above, the occurrence limit set forth in ITEM 4. of the Declarations for this Policy is the most the Company will pay for all "loss" arising out of any one occurrence to ASPEX117 0116 O Aspen Insurance U.S. Services Inc. All rights reserved. Page 1 of A Includes copyrighted material of ISO Properties, Inc. used with permission which this Policy applies. 4. Subject to Paragraphs B.2. and B.3. above, if the limits of liability of the Underlying Insurance set forth in ITEM 5. of the Declarations for this Policy are reduced or exhausted solely by payment of "loss", such insurance provided by this Policy will apply in excess of the reduced Underlying Insurance, or if all such Underlying Insurance is exhausted, will apply as underlying insurance subject to the same terms, conditions, definitions and exclusions of the First Underlying Insurance Policy, except for any definitions, terms, conditions and exclusions of this Policy. 5. The Limits of Liability of this Policy apply separately to each consecutive annual period and to any remaining period of less than twelve (12) months, starting with the beginning of the "policy period" set forth in the Declarations for this Policy, unless the "policy period" is extended after issuance for an additional period of less than twelve (12) months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Liability. III. DEFENSE A. The Company will not be required to assume charge of the investigation of any claim or defense of any suit against you. B. The Company will have the right, but not the duty, to be associated with you or your underlying insurer or both in the investigation of any claim or defense of any suit which in the Company's opinion may create liability on the Company for "loss" under this Policy. If the Company exercises such right, the Company will do so at its own expense. C. If the limits of liability of the Underlying Insurance set forth in ITEM 5. of the Declarations for this Policy are exhausted solely by payment of "loss", the Company shall have the right but not the duty to investigate and settle any claim or assume the defense of any suit which, in the Company's opinion, may give rise to a "loss" under this Policy. Such investigation or defense shall be at the Company's own expense. The Company may, however, withdraw from the defense of such suit and tender the continued defense to you if the Company's applicable Limits of Liability set forth in ITEM 4. of the Declarations for this Policy are exhausted by payment of "loss." IV. DEFINITIONS "Loss" means those sums paid to settle a claim or suit, or satisfy a judgment, for which an Insured is legally liable and for which such amounts are covered by the First Underlying Insurance Policy. The amounts that are payable by the Company are subject to deductions for subrogation, salvages, and any other recoveries made or that are available to an Insured. "Policy period" means the period beginning with the Inception Date of this Policy to the Expiration Date set forth in the Declarations for this Policy, or any earlier date of cancellation or termination. V. CONDITIONS A. Appeals In the event you or the insurer(s) of the Underlying Insurance set forth in ITEM 5. of the Declarations for this Policy elects not to appeal a judgment in excess of the amount of the Underlying Insurance, the Company may elect to appeal at the Company's expense. If the Company does so elect, the Company will be liable for the costs and additional interest accruing during this appeal. In no event will this provision increase the Company's liability beyond the applicable Limits of Liability as set forth in Section II. of this Policy and as set forth in ITEM 4. of the Declarations for this Policy. B. Bankruptcy or Insolvency The bankruptcy, insolvency or inability to pay of any Insured will not relieve the Company from its obligation to pay "loss" covered by this Policy. In the event of bankruptcy, insolvency or refusal or inability to pay, of the insurer(s) of the Underlying Insurance set forth in ITEM 5. of the Declarations for this Policy, the insurance afforded by this Policy will not replace such Underlying Insurance, but will apply as if the Underlying Insurance was ASPEX117 0116 © Aspen Insurance U.S. Services Inc. All rights reserved. Page 2 of 4 Includes copyrighted material of ISO Properties, Inc. used with permission fully available and collectible. C. Cancellation 1. You may cancel this Policy. You must mail or deliver advance written notice to the Company stating when the cancellation is to take effect. 2. The Company may cancel this Policy. If the Company cancels because of non-payment of premium, the Company will mail or deliver to you not less than ten (10) days advance written notice stating when the cancellation is to take effect. if the Company cancels for any other reason, the Company will mail or deliver to you not less than thirty (30) days advance written notice stating when the cancellation is to take effect. Mailing that notice to you at your mailing address set forth in ITEM 1. of the Declarations for this Policy will be sufficient to prove notice. 3. The "policy period" will end on the day and hour set forth in the cancellation notice. 4. If the Company cancels, final premium will be calculated pro rats based on the time this Policy was in force. 6. If you cancel, final premium will be more than pro rata; it will be based on the time this Policy was in force and increased by the Company's short rate cancellation table and procedure. 6. Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter, but the cancellation will be effective even if the Company has not made or offered any refund due you. The Company's check or its representative's check, mailed or delivered, will be sufficient tender of any refund due you. 7. The Named Insured set forth in ITEM 1. of the Declarations for this Policy will act on behalf of all other Insureds with respect to the giving and receiving of notice of cancellation and the receipt of any refund that may become payable under this Policy. 8. Any of these provision that conflict with a law that controls the cancellation of the insurance in this Policy is changed by this statement to comply with the law. D. Maintenance of Underlying Insurance During the "policy period", you agree: 1. To keep the policies listed in the Schedule of Underlying Insurance as set forth in ITEM 5. of the Declarations for this Policy in full force and effect; 2. That the Limits of Liability of the policies listed in the Schedule of Underlying Insurance as set forth in ITEM 5. of the Declarations for this Policy will be maintained except for any reduction or exhaustion of aggregate limits by payment of "loss" in claims or suits covered by the Underlying Insurance. If you fail to comply with these requirements, the Company will only be liable to the same extent that the Company would have been had you fully complied with these requirements. E. Notice of Occurrence 1. You must see to it that the Company is notified as soon as practicable of an occurrence which may result in a "loss" covered under this Policy. To the extent possible, notice will include: a) How, when and where the occurrence took place; b) The names and addresses of any injured persons and witnesses; c) The nature and location of any injury or damage arising out of the occurrence. 2. If a claim or suit against any Insured is reasonably likely to involve this Policy, you must notify the Company, in writing, as soon as practicable. 3. You and any other involved Insured must: a) Immediately send the Company copies of any demands, notices, summonses or legal documentation received in connection with a claim or suit; ASP EX117 0116 0 Aspen Insurance U.S. Services Inc.'All rights reserved. Page 3 of 4 Includes copyrighted material of ISO Properties, Inc. used with permission b) Authorize the Company to obtain records and other information; c) Cooperate with the Company in the investigation, settlement or defense of the claim or suit; and d) Assist the Company, upon its request, in the enforcement of any right against any person or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply. 4. The Insureds will not, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without the Company's consent. F. Other Insurance If other insurance applies to a "loss" that is also covered by this Policy, this Policy will apply excess of such other insurance. Nothing herein will be construed to make this Policy subject to the definitions, terms, conditions and exclusions of such other insurance. However, this provision will not apply if the other insurance is specifically written to be excess of this Policy. Other insurance includes any type of self-insurance, indemnification or other mechanism by which an Insured arranges for funding of legal liabilities. G. Terms Conformed to Statute The terms of this Policy which are in conflict with the statutes of the state where this Policy is issued are amended to conform to such statutes. If the Company is prevented by law or statute from paying on behalf of the Insured, then the Company will, where permitted by law or statute, indemnify the Insured. H. When "Loss" is Payable Coverage under this Policy will not apply unless and until you or the insurer(s) of the Underlying Insurance set forth in ITEM 5. of the Declarations for this Policy has paid or is obligated to pay the full amount of such Limits of Liability. When the amount of "loss" has finally been determined, the Company will promptly pay on your behalf the amount of "loss" covered under this Policy. IN WITNESS WHEREOF, the Company has caused this Policy to be executed and attested, but this Policy shall not be valid unless countersigned on the Declarations by a duly authorized representative of the Company. y PRESIDENT SECRETARY ASPEX117 0116 © Aspen Insurance U.S. Services Inc. All rights reserved. Page 4 of 4 Includes copyrighted material of ISO Properties, Inc. used with permission Aspen American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - NON-CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: ASPEN EXCESS LIABILITY INSURANCE POLICY This Policy is amended as follows: A. SECTION V. CONDITIONS, Paragraph F. Other Insurance is amended to include the following: Notwithstanding anything to the contrary set forth in this Policy, this Section V. Conditions, Paragraph F. Other Insurance shall not apply when a contract, into which you have entered, requires the First Underlying Insurance Policy set forth in ITEM 5. of the Declarations for this Policy, to be primary and noncontributory, provided that this provision shall only apply with respect to liability arising out of your operations, your work, your products or premises owned or rented to you, and related to such contract. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. THIS ENDORSEMENT FORMS A PART OF POLICY NUMBER: CX0058X19 Issued by: Aspen American Insurance Company Issued to: FNH CONSTRUCTION, LLC Effective date: 02/11/2019 ASPEX240 0116 2015 ©Aspen Insurance U.S. Services Inc. All rights reserved. Page 1 of 1 Includes copyrighted material of ISO Properties, Inc. used with permission Aspen American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION ENDORSEMENT This endorsement modifies insurance provided under the following: ASPEN EXCESS LIABILITY INSURANCE POLICY This Policy is amended as follows: A. In the event of any payment under this Policy for a "loss" for which you have waived the right of recovery in a written contract entered into prior to the "loss", the Company hereby agrees to also waive its right of recovery. This waiver shall only apply with respect to a "loss" occurring due to operations undertaken as per the specific contract in which you waived the right of recovery. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. THIS ENDORSEMENT FORMS A PART OF POLICY NUMBER: CX0058XI9 Issued by: Aspen American Insurance Company Effective date: 02/11/2019 ASPEX153 1215 2015 ©Aspen Insurance U.S. Services Inc. All rights reserved. Page 1 of 1 Includes copyrighted material of ISO Properties, Inc. used with permission STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Peln imy2, 201 G S STANDARD GENERAL CONDITIONS OF THE E CONSTRUCTION CONTRACT ' j TABLE OF CONTENTS Page Article I — Definitions and Terminology.......................................................................................................... I 1.01 Defined Terms...........................................................................................••-•---.............................1 1.02 Terminolo 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 E 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 .......................... 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................ I I Article 4 Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental jConditions; Reference Points........................................................................................................... I I 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 ...................... Article5 —Bonds and Insurance...............................................•-•...................................................................16 M 5.01 Licensed Sureties and Insurers...................................................................................................16 t 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 .................. Article 6 — Contractor's ResponsibiIities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOC! II, I Ts Revision: Febnny2,2016 6.02 Labor; Working Hours................................................................................................................20 6.03 Services, Materials, and Equipment...........................................................................................20 6.04 Project ,Schedule..........................................................................................................................21 6.05 Substitutes and "Or-Equals"....................................................................................................... 21 6.06 Concerning Subcontractors, Suppliers, and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties........................................................................................................... 26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations................................................................................................................. 27 6.11 Taxes...........................................................................................................................................28 6.12 Use of Site and Other Areas...............•....................................................................................... 28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection.................................................................................................................. 29 6.15 Safety Representative..................................................................................................................30 6.16 Hazard Communication Programs............................................................................................. 30 6,17 Emergencies and/or Rectification............................................................................................... 30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work................................................................................................................... 32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification......................................................................................................................... 33 6.22 Delegation of Professional Design Services..............................................................................34 6.23 Right to Audit.............................................................................................................................. 34 6.24 Nondiscrimination.......................................................................................................................35 Article 7 - Other Work at the Site......... 7.01 Related Work at Site ......... 7.02 Coordination ...................... ...... 35 35 �R Article 8 - 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 DOCM1ENTS Revision: February 2, 2016 1 f 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 I Article 11 - Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement ...................... 41 11.01 Cost of the Work......................................................................................................................... 41 ' 11.02 Allowances....................................................... = 11.03 Unit Price Work......................................................................................•---•--.............................44 11.04 Plans Quantity Measurement......................................................................................................45 i 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 r14.04 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 7 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: Febnimy2,2016 Article 17 — Miscellaneous ................................ 17.01 Giving Notice ................................ 17.02 Computation of Times .................. 17.03 Cumulative Remedies ................... 17.04 Survival of Obligations ................. 17.05 Headings ........................................ CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmary2, 2016 ............................................................... ........................62 ............................................................................................ 62 ............................................................................................ 62 .... .......... .............................................................................. 62 ............................................................................................ 63 ............................................................................................ 63 00 72 00 - 1 GENERAL CONDITIONS Page I 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, f 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. I. 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. S. 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: Febniary2,2016 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 perfonn 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: Pebmary2,2016 UU 12 UU - f 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. 34. 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: FeUmuy2, 2016 VV !L VV - 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: February 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 MaterialSource, 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: Febnawy2,2016 007200-1 GENERAL CONDITIONS Page 6 of 63 63. Submittals —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder --The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65, Superintendent The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions ---That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 69. Unit Price Work See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m, and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.023 through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCi3MFNTS Revision: Febnuazy2, 2016 UU !L UU - E GENERAL CONDITIONS Page 7 of63 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 DOCUNCNTS Revision: Febmmy2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents, 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed, in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision; Febnuy2, 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, E 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: Febwry2,2016 VU IL VU - I 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 6.1 S.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: Febnwy2,2016 UV 1G UV - I 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 ofLands 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: Febmary2,2016 00 72 00 - l 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: Febnixy2,2016 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 famished 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 WORTI4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmwy?,2016 '. /G VV^ I 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: Febmmy2, 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: Fcbmary2, 2016 VU 11 [JU - I 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 oflnsurance 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: Febnuary2, 2016 007200-I GENERAL CONDITIONS Page I7 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. S. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: February 2, 20I 6 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: FebnkTy2, 2016 VV 7L VV -I 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 Iimits 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: Febnwy2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6,02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work, 1, for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. if required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Februuy 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. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 01 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or, description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. "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: February 2, 2016 00 72 00 - 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 fi -iish 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: Febaiuy2, 2016 007200-1 GENERAL CONDITIONS Page 23 of63 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 firmish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. CITY OF FORT WORTH STANI7ARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: February 2, 2016 007200-I GENERAL CONDIT[ONS 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: February 2, 2016 007200-1 GENERAL CONDITIONS Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shalI 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: Febnuuy2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 26 of 63 D. Arbitration Required if Violation Not Resolved An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General. Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the llth 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 (1) 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: Febnkffy2, 2016 00 72 00 - ] 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 6.09.13. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps 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: Febnay2,2016 00 72 00 - l 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/taxin%/taxforms/93-forms.litml 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: Feb=y2,20I6 00 72 00 - I GENERAL CONDITIONS Page 29 of 63 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. 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: Febnnary 2, 2016 00 72 00 - 1 GENERAL CON D1TJONS 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-I 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: Febnimy2,2016 00 72 00 - I 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: Febnjmy2,2016 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.B. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL ? OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, ONHSSION 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: Fcbnk%y 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 Iicensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: February 2, 2016 007200-1 GENERAL CONDITIONS Page 35 of 63 Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as 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 V1, 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; Febmwy2,2016 UU !L UU - I 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: Febnmy2, 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, ox 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 Iimitations 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: Febnaary2,2016 007200-I 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: Febnixy2,2016 UU7200-1 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 fillnish 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: Febmary2, 2Q16 00 72 00 - 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 Or FORT NORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febniary 2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 41 of 63 D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. R 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 I I — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. CostsIncluded.- The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.O1.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 I I.0l .B, and shall include but not be limited to the following items: I. 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 therewith. , and Suppliers' field services required in connection 3. Rentals of all construction equipment and machinery, and the parts the 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: FebrLmry 2, 20I6 00 72 00 - 1 GENERAL CONDITIONS Page 42 of 63 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for pen -nits 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: Febmary2,2016 00 72 00 - 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 l 1.01.A.1 or specifically covered by Paragraph 11.01.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 11.01.8, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a foam 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: Febmmy2, 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 iP 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: Fcbnimy 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 mayor 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: Febnoy2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 46 of 63 E. For callout work or non -site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.0t.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 11.01.A.1, 11.01.A.2. and 11.0l.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.0l .A.4 and 11.01.A.5, the Contractor's fee shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febuwy 2, 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 11.0l.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.6, and 11.01.13; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 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 WORT14 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmazy2,2016 00 72 00 _ 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: Febnrny2,2016 UU /2 UU - C 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 Iimited 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; Febnkuy2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A 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: Febmary2, 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 Or FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: February 2, 2016 UV 1L VU - 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: Febany2,2016 007200-1 GENERAL CONDITIONS Page 53 of 63 B. Review ofApplications., I. 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 perforrnance 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; e. 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: Febntmy 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 DOCLFNIENTS Revision: Febnixy2, 2016 00 72 00 - 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: Febnay2,2016 007200-1 GENERAL CONDITIONS Page 56 of 63 14.07 Final Payment A. Applicationfor Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any, to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retannage 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: Febaimy2,2036 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: Febnimy2, 2016 007200-I 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: February 2, 2016 007200-I 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, Iosses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.13, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: FebnayZ2016 00 72 00 - I 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: Febnmy2, 20I6 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 t. 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 i 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 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: Febniwy2, 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: Febnaary2,2016 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: Febnay2,2016 00 73 00 - 1 SUPPLEMENTARY CONDITIONS 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS Supplementary Conditions Page 1 of 5 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below, All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-3.03B.2, "Resolving Discrepancies" PIans govern over Specifications. SC-4.01A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.01A.1., "Availability of Lands" The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of March 1, 2019: Outstanding Right -Of -Way, and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION "None" The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing casement line locations. SC-4.01A.2, "Availability of Lands" CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHA13ILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised January 22, 2016 r i' 00 73 00 - 2 SUPPLEMENTARY CONDITIONS Page 2 of 5 1 Utilities or obstructions to he removed, adjusted, and/or relocated 2 3 The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated 4 as of March 1, 2019 5 6 EXPECTED UTILITY AND LOCATION OWNER "None" TARGET DATE OF ADJUSTMENT 7 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 8 and do not bind the City. 9 10 SC-4.02A., "Subsurface and Physical Conditions" 11 12 The following are reports of explorations and tests of subsurface conditions at the site of the Work: 13 14 View Soil Lab test hole reports in Buzzsaw 15 16 The following are drawings of physical conditions in or relating to existing surface and subsurface 17 structures (except Underground .Facilities) which are at or contiguous to the site of the Work: 18 "None" 19 20 SC-4.06A., "Hazardous Environmental Conditions at Site" 21 22 The following are reports and drawings of existing hazardous environmental conditions known to the City: 23 `None" 24 25 SC-5.03A., "Certificates of Insurance" 26 27 The entities listed below are "additional insureds as their interest may appear" including their respective 28 officers, directors, agents and employees. 29 30 (1) City 31 (2) Consultant: `None" 32 (3) Other: "None" 33 34 SC-5.04A., "Contractor's Insurance" 35 36 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following 37 coverages for not less than the following amounts or greater where required by laws and regulations: 38 39 5.04A. Workers' Compensation, under Paragraph GC-5.04A. 40 41 Statutory limits 42 Employer's liability 43 $100,000 each accidentloccurrence 44 $100,000 Disease - each employee 45 $500,000 Disease -policy limit 46 47 SC-5.04B., "Contractor's Insurance" 48 CITY OF PORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised January 22, 2016 0073 00 - 3 SUPPLEMENTARY CONDITIONS Page 3 of 5 1 5.04B. Commercial General Liability, under Paragraph GC-5.0413. 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 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32, 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 5.04C., "Contractor's Insurance" 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. $1, 000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250, 000 Bodily Injury per person / $500,000 Bodily Injury per accident/ $100,000 Property Damage SC-5.04D., "Contractor's Insurance" The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks: `None ". The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a "Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right -of -entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: (1) General Aggregate: (2) Each Occurrence: Required for this Contract $ N/A $ N/A X Not required for this Contract With respect to the above outlined insurance requirements, the following shall govern: CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised January 22, 2016 00 73 00 - 4 SUPPLEMENTARY CONDITIONS Page 4 of 5 1 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in 2 the name of the railroad company. However, if more than one grade separation or at -grade 3 crossing is affected by the Project at entirely separate locations on the line or lines of the same 4 railroad company, separate coverage may be required, each in the amount stated above. 5 6 2. Where more than one railroad company is operating on the same right-of-way or where several 7 railroad companies are involved and operated on their own separate rights -of -way, the Contractor 8 may be required to provide separate insurance policies in the name of each railroad company. 9 10 3. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a I l railroad company's right-of-way at a location entirely separate from the grade separation or at- 12 grade crossing, insurance coverage for this work must be included in the policy covering the grade 13 separation. 14 15 4. If no grade separation is involved but other work is proposed on a railroad company's right -of- 16 way, all such other work may be covered in a single policy for that railroad, even though the work 17 may be at two or more separate locations. 18 19 No work or activities on a railroad company's property to be performed by the Contractor shall be 20 commenced until the Contractor has furnished the City with an original policy or policies of the insurance 21 for each railroad company named, as required above. All such insurance must be approved by the City and 22 each affected Railroad Company prior to the Contractor's beginning work. 23 24 The insurance specified above must be carried until all Work to be performed on the railroad right-of-way 25 has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, 26 insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. 27 Such insurance must name the railroad company as the insured, together with any tenant or lessee of the 28 railroad company operating over tracks involved in the Project. 29 30 SC-6.04., "Project Schedule" 31 32 Project schedule shall be tier 3 for the project. 33 34 SC-6.07., "Wage Rates" 35 36 The following is the prevailing wage rate table(s) applicable to this project and is provided in the 37 Appendixes: GC — 6,07, "2013 Prevailing Wage Rates (Highway & Heavy Construction Projects)". 38 39 SC-6.09., "Permits and Utilities" 40 41 SC-6.09A., "Contractor obtained permits and licenses" 42 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 43 Fort Worth City Street Use Permit. 44 45 SC-6.09B. "City obtained permits and licenses" 46 The following are known permits and/or Iicenses 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 March 1, 52 2019: 53 54 Outstanding Permits and/or Licenses to Be Acquired CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised January 22, 2016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I8 19 20 21 22 23 24 25 9 ►C ]2A1�17 "None "> SC-7.02., "Coordination" 007300-5 SUPPLEMENTARY CONDITIONS Page 5 of 5 PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION The individuals or entities listed below have contracts with the City for the performance of other work at the Site: Vendor --Scope of Work Coordination Authorit "None" `None" `None" SC-8.01, "Communications to Contractor" SC-9.01., "City's Project Manager" The City's Project Manager for this Contract is Kristian Sugrim, or his successor pursuant to a written notification from the Director of Transportation and Public Works. SC-13.03C., "Tests and Inspections" "None" SC-16.01C.1, "Methods and Procedures" "None" 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 (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised January 22, 2016 a I I 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 01 11 00 SUMMARY OF WORK 011100-1 SUMMARY OF WORK Page 1 of 3 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 11 2. Division I - General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Work Covered by Contract Documents 19 1. Work is to include furnishing all labor, materials, and equipment, and performing 20 all Work necessary for this construction project as detailed in the Drawings and 21 Specifications. 22 B. Subsidiary Work 23 1. Any and all Work specifically governed by documentary requirements for the 24 project, such as conditions imposed by the Drawings or Contract Documents in 25 which no specific item for bid has been provided for in the Proposal and the item is 26 not a typical unit bid item included on the standard bid item Iist, then the item shall 27 be considered as a subsidiary item of Work, the cost of which shall be included in 28 the price bid in the Proposal for various bid items. 29 C. Use of Premises 30 1. Coordinate uses of premises under direction of the City. 31 2. Assume full responsibility for protection and safekeeping of materials and 32 equipment stored on the Site. 33 3. Use and occupy only portions of the public streets and alleys, or other public places 34 or other rights -of -way as provided for in the ordinances of the City, as shown in the 35 Contract Documents, or as may be specifically authorized in writing by the City. 36 a. A reasonable amount of tools, materials, and equipment for construction 37 purposes may be stored in such space, but no more than is necessary to avoid 38 delay in the construction operations. CITY OF FORT WORTH (11MAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised December 20, 2012 011100-2 SUMMARY OF WORK Page 2 of 3 1 b. Excavated and waste materials shall be stored in such a way as not to interfere 2 with the use of spaces that may be designated to be left free and unobstructed 3 and so as not to inconvenience occupants of adjacent property. 4 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 5 manner as not to interfere with the operation of the railroad. 6 1) All Work shall be in accordance with railroad requirements set forth in 7 Division 0 as well as the railroad permit. 8 D. Work within Easements 9 1. Do not enter upon private property for any purpose without having previously 10 obtained permission from the owner of such property. 11 2. Do not store equipment or material on private property unless and until the 12 specified approval of the property owner has been secured in writing by the 13 Contractor and a copy furnished to the City. 14 3. Unless specifically provided otherwise, clear all rigbts--of-way or easements of 15 obstructions which must be removed to make possible proper prosecution of the 16 Work as a part of the project construction operations, 17 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 18 Iawns, fences, culverts, curbing, and all other types of structures or improvements, 19 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 20 appurtenances thereof, including the construction of temporary fences and to all 21 other public or private property adjacent to the Work. 22 5. Notify the proper representatives of the owners or occupants of the public or private 23 lands of interest in lands which might be affected by the Work. 24 a. Such notice shall be made at least 48 hours in advance of the beginning of the 25 Work. 26 b. Notices shall be applicable to both public and private utility companies and any 27 corporation, company, individual, or other, either as owners or occupants, 28 whose Iand or interest in land might be affected by the Work. 29 c. Be responsible for all damage or injury to property of any character resulting 30 from any act, omission, neglect, or misconduct in the manner or method or 31 execution of the Work, or at any time due to defective work, material, or 32 equipment. 33 6. Fence 34 a. Restore all fences encountered and removed during construction of the Project 35 to the original or a better than original condition. 36 b. Erect temporary fencing in place of the fencing removed whenever the Work is 37 not in progress and when the site is vacated overnight, and/or at all times to 38 provide site security. 39 c. The cost for all fence work within easements, including removal, temporary 40 closures and replacement, shall be subsidiary to the various items bid in the 41 project proposal, unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised December 20, 2012 011100-3 SUMMARY OF WORK Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 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] I I END OF SECTION 12 I3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised December 20, 2012 0125 00 - 1 SUBSTITUTION PROCEDURES Page 1 of 4 1 SECTION 0125 00 2 SUBSTITUTION PROCEDURES � 71:71If�"011,131ItA.1.1 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 1 I 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 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 A. Request for Substitution - General 1. Within 30 days after award of Contract (unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a. When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or -equals," as determined by City. 3. Other types of equipment and kinds of material may be acceptable substitutions under the following conditions: a. Or -equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION Revised July 1, 2011 (HMAC 2019-5) CDBG STREET REHABILITATION 101406 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 Iimited 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 (HMAC 2019-5) CD13G STREET RE -HABILITATION STANDARD CONSTRUCTION SPECIFICATION 101406 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 S consistent with the design intent 9 1.6 ACTION SUBMITTALS/INFORMATIONAL 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 I7 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 30 31 DATE I NAME CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION Revised July 1, 2011 END OF SECTION Revision Log SUMMARY OF CHANGE (HMAC 2019-5) CDBG STREET REHABILITATION 101406 1 2 3 4 5 6 i 7 t 8 9 10 11 , f 12 [ 13 14 15 16 17 I8 19 20 21 22 23 24 25 26 27 28 29 30 31 q 32 ( 33 34 35 36 37 38 39 1 40 41 42 43 44 45 46 47 48 49 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: TO: 0I2500-4 SUBSTITUTION PROCEDURES Page 4 of 4 PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature as noted Firm _ Address Date Telephone For Use by City: Approved City f CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION Revised July 1, 201I Recommended Recommended Not recommended Received late By Date Remarks Rejected (HMAC 2019-5) CDBG STREET REHABILITATION 101406 01 31 19 - 1 PRECONSTRUCTION MEETING Page 1 of 3 SECTION 01 31 19 PRECONSTRUCTION MEETING 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 7 clarify construction contract administration procedures 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None, 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division I — General Requirements 13 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 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 A. Coordination J. Attend preconstruction tweeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the execution of the Agreement and before Work is started. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Project Representative b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101466 Revised August 17, 20I2 01 31 19 - 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 01 32 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 £ 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 cc. Record Drawings 41 ff. Temporary construction facilities 42 gg. M/WBE or MBE/SBE procedures 43 hb. Final Acceptance 44 ii. Final Payment 45 J. Questions or Comments CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised August 17, 2012 01 31 19 - 3 PRECONSTRUCTION MEETING Page 3 of 3 l 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 111 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 12 13 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH (IIMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised August 17, 2012 01 31 20 - I PROJECT MEETINGS Page 1 of 3 I SECTION 013120 2 PROJECT MEETINGS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for project meetings throughout the construction period to enable orderly 7 review of the progress of the Work and to provide for systematic discussion of 8 potential problems 9 B. Deviations this City of Fort Worth Standard Specification 10 1. None. 11 C. Related Specification Sections include, but are not necessarily limited to: 12 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 13 2. Division 1 — General Requirements 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 A. Coordination 1. Schedule, attend and administer as specified, periodic progress meetings, and specially called meetings throughout progress of the Work. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meetings administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. 4. Meetings, in addition to those specified in this Section, may be held when requested by the City, Engineer or Contractor. B. Pre -Construction Neighborhood Meeting 1. After the execution of the Agreement, but before construction is allowed to begin, attend 1 Public Meeting with affected residents to: a. Present projected schedule, including construction start date b. Answer any construction related questions 2. Meeting Location a. Location of meeting to be determined by the City. 3. Attendees a. Contractor (HMAC 2019-5) CDBG STREET REHABILITATION CITY OF FORT WORTH 101406 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 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 I. 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 I8 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 (BMAC 2019-5) CDBG STREET REHABILITATION CITY OF FORT WORTH 101406 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 01 31 20 - 3 PROJECT MEETINGS Page 3 of 3 1 6. Meeting Schedule 2 a. Progress meetings will be held periodically as determined by the Project 3 Representative. 4 1) Additional meetings may be held at the request of the: 5 a) City 6 b) Engineer 7 c) Contractor 8 7. Meeting Location 9 a. The City will establish a meeting Iocation. 10 1) To the extent practicable, meetings will be bold 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 22 23 END OF SECTION Revision Log DATE NAME SCIMMARY OF CHANGE (HMAC 2019-5) CDBG STREET REHABILITATION CITY OF FORT WORTH 101406 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 013233-1 ' PRECONSTRUCTION VIDEO Page 1 of 1 SECTION 0132 33 2 PRECONSTRUCTION VIDEO 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: t 6 1. Administrative and procedural requirements for: 7 a. Preconstruction Videos j 8 B. Deviations from this City of Fort Worth Standard Specification 1 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 --- Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division I — GeneraI Requirements f 13 1.2 PRICE AND PAYMENT PROCEDURES r f 14 A. Measurement and Payment t 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 f20 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 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 DELIVERY, STORAGE, AND HANDLING [NOT USED] 31 111 FIELD [SITE] CONDITIONS [NOT USED] 32 1.12 WARRANTY [NOT USED] 33 PART 2 - PRODUCTS [NOT USED] 1 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 (IIMAC 2019-5) CIIBG STREET REHABILITATION 101406 01 32 33 -2 PRECONSTRUCTION VIDEO Page 2 of 2 PART 3 - EXECUTION [NOT USED] END OF SECTION RevisioD Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH 0 MAC 2C19-5> Cnsc STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised July 1, 2011 4 i 013300-1 4 SUBMITTALS Page 1 of 8 h M 1 SECTION 0133 00 l 2 SUBMITTALS I r 3 PARTI- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: t 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. c 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 — Bidding Requirements, Contract Fortes and Conditions of the Contract 16 2. Division 1 — General Requirements F 17 1.2 PRICE AND PAYMENT PROCEDURES I8 A. Measurement and Payment t 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 i 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 (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 013300-2 SUBMITTALS Page 2 of d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. SubmittaI Numbering When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4tb submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification l . Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) `By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 '/z inches x 11 inches to 8 1/z inches x 11 inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 (HMAC 2019-5) CDBG STREET REHABILITATION 101406 01 33 00 - 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 2I d. Actual shopwork manufacturing instructions 22 e. Custom templates 23 £ 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 (I3MAC 2019-5) CDBG STREET REHABILITATION 101406 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) M11I 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 (HMAC 2019-5) CD130 STREET 11F ABRATATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised December 20, 2012 01 33 00 - 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 I of the following codes: 43 a. Code] 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 (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 46 47 48 49 013300-6 SUBMITTALS Page 6 of 8 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non -conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals I) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor's risk if not marked b. Submittals for each item will be reviewed no more than twice at the City's expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative's then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City's discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the City at least 7 Calendar Days prior to release for manufacture. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 (HMAC 2014-5) CDBG STREET REHABILITATION 101406 I i a 01 33 00 - 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 I 1 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 (RF1) 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 RF1 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 LS SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] 35 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 36 1.11 FIELD [SITE] CONDITIONS [NOT USED] 37 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 (HMAC 2019-5) CDBG STREET REHABILITATION 101406 013300-8 SUBMITTALS Page 8 of 8 PART 2 - PRODUCTS [NOT USED] 2 PART 3 - EXECUTION [NOT USED] 4 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K..8. Working Days modified to Calendar Days CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised December 20, 2012 I 01 35 13 -1 SPECIAL PROJECT PROCEDURES Page I of 8 2 SECTION 0135 13 3 SPECIAL PROTECT PROCEDURES 4 PARTI- GENERAL 5 1.1 SUMMARY 6 A. Section Includes: 7 1. The procedures for special project circumstances that includes, but is not limited to: 8 a. Coordination with the Texas Department of Transportation 9 b. Work near High Voltage Lines 10 c. Confined Space Entry Program I I d. Air Pollution Watch Days 12 e. Use of Explosives, Drop Weight, Etc. 13 f. Water Department Notification 14 g. Public Notification Prior to Beginning Construction 15 h. Coordination with United States Army Corps of Engineers 16 i. Coordination within Railroad permits areas 17 j. Dust Control 18 k. Employee Parking 19 B. Deviations from this City of Fort Worth Standard Specification 20 1. None. 2I 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 I — General Requirements 24 3. Section 33 12 25 — Connection to Existing Water Mains 25 1.2 PRICE AND PAYMENT PROCEDURES 26 A. Measurement and Payment 27 1. Coordination within Railroad permit areas 28 a. Measurement 29 1) Measurement for this Item will be by lump sum. 30 b. Payment 31 1) The work performed and materials furnished in accordance with this Item 32 will be paid for at the lump sum price bid for Railroad Coordination. 33 c. The price bid shall include: 34 1) Mobilization 35 2) Inspection 36 3) Safety training 37 4) Additional Insurance 38 5) Insurance Certificates CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised December 20, 2012 0135 13 -2 SPECIAL PROJECT PROCEDURES Page 2 of 8 1 6) Other requirements associated with general coordination with Railroad, 2 including additional employees required to protect the right-of-way and 3 property of the Railroad from damage arising out of and/or from the 4 construction of the Project. 5 2. Railroad Flagmen 6 a. Measurement 7 1) Measurement for this Item will be per working day. 8 b. Payment 9 1) The work performed and materials furnished in accordance with this Item 10 will be paid for each working day that Railroad Flagmen are present at the 11 Site. 12 c. The price bid shall include: 13 1) Coordination for scheduling flagmen 14 2) Flagmen 15 3) Other requirements associated with Railroad 16 3. All other items 17 a. Work associated with these Items is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Reference Standards 21 1. Reference standards cited in this Specification refer to the current reference 22 standard published at the time of the latest revision date logged at the end of this 23 Specification, unless a date is specifically cited. 24 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 25 High Voltage Overhead Lines. 26 3. North Central Texas Council of Governments (NCTCOG) -- Clean Construction 27 Specification 28 1.4 ADMINISTRATIVE REQUIREMENTS 29 A. Coordination with the Texas Department of Transportation 30 1. When work in the right-of-way which is under the jurisdiction of the Texas 31 Department of Transportation (TxDOT): 32 a. Notify the Texas Department of Transportation prior to commencing any work 33 therein in accordance with the provisions of the permit 34 b. All work performed in the TxDOT right-of-way shall be performed in 35 compliance with and subject to approval from the Texas Department of 36 Transportation 37 B. Work near High Voltage Lines 38 1. Regulatory Requirements 39 a. All Work near High Voltage Lines (more than 600 volts measured between 40 conductors or between a conductor and the ground) shall be in accordance with 41 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 42 2. Warning sign 43 a. Provide sign of sufficient size meeting all OSHA requirements. 44 3. Equipment operating within 10 feet of high voltage lines will require the following 45 safety features CITY OF FORT WORTH (FE AC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised December 20, 2012 0135I3-3 SPECIAL PROJECT PROCEDURES Page 3 of 8 1 a. Insulating cage -type of guard about the boom or arm 2 b. Insulator links on the lift hook connections for back hoes or dippers 3 c. Equipment must meet the safety requirements as set forth by OSHA and the 4 safety requirements of the owner of the high voltage lines 5 4. Work within 6 feet of high voltage electric lines 6 a. Notification shall be given to: 7 1) The power company (example: ONCOR) 8 a) Maintain an accurate log of all such calls to power company and record 9 action taken in each case. 10 b. Coordination with power company 11 1) After notification coordinate with the power company to: 12 a) Erect temporary mechanical barriers, de -energize the lines, or raise or 13 lower the lines 14 c. No personnel may work within 6 feet of a high voltage line before the above 15 requirements have been met. 16 C. Confined Space Entry Program 17 1. Provide and follow approved Confined Space Entry Program in accordance with 18 OSHA requirements. 19 2. Confined Spaces include: 20 a. Manholes 21 b. All other confined spaces in accordance with OSHA's Permit Required for 22 Confined Spaces 23 D. Air Pollution Watch Days 24 1. General 25 a. Observe the following guidelines relating to working on City construction sites 26 on days designated as "AIR POLLUTION WATCH DAYS". 27 b. Typical Ozone Season 28 1) May 1 through October 31. 29 c. Critical Emission Time 30 1) 6:00 a.m. to 10:00 a.m. 31 2. Watch Days 32 a. The Texas Commission on Environmental Quality (TCEQ), in coordination 33 with the National Weather Service, will issue the Air Pollution Watch by 3:00 34 p.m. on the afternoon prior to the WATCH day. 35 b. Requirements 36 1) Begin work after 10:00 a.m. whenever construction phasing requires the 37 use of motorized equipment for periods in excess of I hour. 38 2) However, the Contractor may begin work prior to 10:00 a.m. if: 39 a) Use of motorized equipment is less than 1 hour, or 40 b) If equipment is new and certified by EPA as "Low Emitting", or 41 equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or 42 alternative fuels such as CNG. 43 E. TCEQ Air Permit 44 1. Obtain TCEQ Air Permit for construction activities per requirements of TCEQ. 45 F. Use of Explosives, Drop Weight, Etc. 46 1. When Contract Documents permit on the project the following will apply: CITY OF FORT WORTH a -MAC 2019-5) CbBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised December 20, 20I2 0 0135 13-4 SPECIAL PROJECT PROCEDURES Page 4 of 8 I a. Public Notification 2 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 3 prior to commencing. 4 2) Minimum 24 hour public notification in accordance with Section 0131 13 5 G. Water Department Coordination 6 1. During the construction of this project, it will be necessary to deactivate, for a 7 period of time, existing lines. The Contractor shall be required to coordinate with 8 the Water Department to determine the best times for deactivating and activating 9 those lines. 10 2. Coordinate any event that will require connecting to or the operation of an existing I 1 City water line system with the City's representative. 12 a. Coordination shall be in accordance with Section 33 12 25. 13 b. If needed, obtain a hydrant water meter from the Water Department for use 14 during the life of named project. 15 c. In the event that a water valve on an existing live system be turned off and on 16 to accommodate the construction of the project is required, coordinate this 17 activity through the appropriate City representative. 18 1) Do not operate water line valves of existing water system. 19 a) Failure to comply will render the Contractor in violation of Texas Penal 20 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 21 will be prosecuted to the full extent of the law. 22 b) In addition, the Contractor will assume all Iiabilities and 23 responsibilities as a result of these actions. 24 H. Public Notification Prior to Beginning Construction 25 1. Prior to beginning construction on any block in the project, on a block by block 26 basis, prepare and deliver a notice or flyer of the pending construction to the front 27 door of each residence or business that will be impacted by construction. The notice 28 shall be prepared as follows: 29 a. Post notice or flyer 7 days prior to beginning any construction activity on each 30 block in the project area. 31 1) Prepare flyer on the Contractor's letterhead and include the following 32 information: 33 a) Name of Project 34 b) City Project No (CPN) 35 c) Scope of Project (i.e. type of construction activity) 36 d) Actual construction duration within the block 37 e) Name of the contractor's foreman and phone number 38 f) Name of the City's inspector and phone number 39 g) City's after-hours phone number 40 2) A sample of the `pre -construction notification' flyer is attached as Exhibit 41 A. 42 3) Submit schedule showing the construction start and finish time for each 43 block of the project to the inspector. 44 4) Deliver flyer to the City Inspector for review prior to distribution. 45 b. No construction will be allowed to begin on any block until the flyer is 46 delivered to all residents of the block. 47 1. Public Notification of Temporary Water Service Interruption during Construction CITY OF FORT WORTH (11IvIAC 2019-5) CDBG STREET REH"ILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 4I 42 43 44 45 46 47 013513-5 SPECIAL PROJECT PROCEDURES Page 5 of 8 1. In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction, prepare and deliver a notice or flyer of the pending interruption to the front door of each affected resident. 2. Prepared notice as follows: a. The notification or flyer shall be posted 24 hours prior to the temporary interruption. b. Prepare flyer on the contractor's letterhead and include the following information: 1) Name of the project 2) City Project Number 3) Date of the interruption of service 4) Period the interruption will take place 5) Name of the contractor's foreman and phone number 6) Name of the City's inspector and phone number c. A sample of the temporary water service interruption notification is attached as Exhibit B. d. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed. e. No interruption of water service can occur until the flyer has been delivered to all affected residents and businesses. f. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector. J. Coordination with United States Army Corps of Engineers (USAGE) 1. At locations in the Project where construction activities occur in areas where USACE permits are required, meet all requirements set forth in each designated permit. K. Coordination within Railroad Permit Areas At locations in the project where construction activities occur in areas where railroad permits are required, meet all requirements set forth in each designated railroad permit. This includes, but is not limited to, provisions for: a. Flagmen b. Inspectors c. Safety training d. Additional insurance e. Insurance certificates f. Other employees required to protect the right-of-way and property of the Railroad Company from damage arising out of and/or from the construction of the project. Proper utility clearance procedures shall be used in accordance with the permit guidelines. 2. Obtain any supplemental information needed to comply with the railroad's requirements. 3. Railroad Flagmen a. Submit receipts to City for verification of working days that railroad flagmen were present on Site. L. Dust Control 1. Use acceptable measures to control dust at the Site. a. If water is used to control dust, capture and properly dispose of waste water. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 (HMAC 2019-5) CDBG STREET REFIABILITATION 1D1406 0135 13 - 6 SPECIAL PROTECT PROCEDURES Page 6 of 8 1 b. If wet saw cutting is performed, capture and properly dispose of slurry. 2 M. Employee Parking 3 1. Provide parking for employees at locations approved by the City. 4 1.5 SUBMITTALS [NOT USED] 5 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 6 1.7 CLOSEOUT SUBMITTALS [NOT USED] 7 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 8 1.9 QUALITY ASSURANCE [NOT USED] 9 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 10 1.11 FIELD [SITE] CONDITIONS [NOT USED] 11 1.12 WARRANTY [NOT USED] 12 PART 2 - PRODUCTS [NOT USED] 13 PART 3 - EXECUTION [NOT USED] 14 15 16 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.4. B — Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 1.4. E -- Added Contractor responsibility for obtaining a TCEQ Air Permit CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 (HMAC 2019-5) CDBG STREET REHABILITATION 101406 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 0135 13 -7 SPECIAL PROJECT PROCEDURES Page 7 of 8 EXHIBIT A (To be printed on Contractor's Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 Pill OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 (EMAC 2019-5) CDBG STREET REHABILITATION 101406 013513-8 SPECIAL PROJECT PROCEDURES Page 8 of 8 I EXHIBIT B 2 FORT FORTH DON NO. FL743i�L 1�� Haft1w. 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 G (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, 3 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 CONTRACTOR (NMAC 2019-5) CDBG STREET REHABILITATION 101406 014523-1 TESTING AND INSPECTION SERVICES Page 1 of 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 39 the City. CITY OF FORT WORTH (I-IMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 10I406 Revised July 1, 2011 01 45 23 - 2 TESTING AND INSPECTION SERVICES Page 2 of 2 I I 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) I 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 I 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. Nance 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] 24 111 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2 - PRODUCTS [NOT USED] 27 PART 3 - EXECUTION [NOT USED] 28 29 30 END OF SECTION Revision Log DATE NAME Si1NI1VIARY OF CHANGE CITE' OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised July 1, 2011 01 50 00 - 1 TEMPORARY FACILITIES AND CONTROLS Page I 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 CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET RMABILHATION 101406 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised duly 1, 2011 015000-2 TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 1 1) Contact City 1 week before water for construction is desired 2 d. Contractor Payment for Construction Water 3 1) Obtain construction water meter from City for payment as billed by City's 4 established rates. 5 3. Electricity and Lighting 6 a. Provide and pay for electric powered service as required for Work, including 7 testing of Work. 8 1) Provide power for lighting, operation of equipment, or other use. 9 b. Electric power service includes temporary power service or generator to 10 maintain operations during scheduled shutdown. 11 4. Telephone I2 a. Provide emergency telephone service at Site for use by Contractor personnel 13 and others performing work or furnishing services at Site. 14 5, Temporary Heat and Ventilation 15 a. Provide temporary heat as necessary for protection or completion of Work. 16 b. Provide temporary heat and ventilation to assure safe working conditions. 17 B. Sanitary Facilities 18 1. Provide and maintain sanitary facilities for persons on Site. 19 a. Comply with regulations of State and local departments of health. 20 2. Enforce use of sanitary facilities by construction personnel at job site. 21 a. Enclose and anchor sanitary facilities. 22 b. No discharge will be allowed from these facilities. 23 c. Collect and store sewage and waste so as not to cause nuisance or health 24 problem. 25 d. Haul sewage and waste off -site at no less than weekly intervals and properly 26 dispose in accordance with applicable regulation. 27 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 28 4. Remove facilities at completion of Project 29 C. Storage Sheds and Buildings 30 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor 31 above ground level for materials and equipment susceptible to weather damage. 32 2. Storage of materials not susceptible to weather damage may be on blocks off 33 ground. 34 3. Store materials in a neat and orderly manner. 35 a. Place materials and equipment to permit easy access for identification, 36 inspection and inventory. 37 4. Equip building with lockable doors and lighting, and provide electrical service for 38 equipment space heaters and heating or ventilation as necessary to provide storage 39 environments acceptable to specified manufacturers. 40 S. bill and grade site for temporary structures to provide drainage away from 41 temporary and existing buildings. 42 6. Remove building from site prior to Final Acceptance. 43 D. Temporary Fencing 44 1. Provide and maintain for the duration or construction when required in contract 45 documents CITY OF FORT WORTH g1MAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECITICATION DOCUMENTS 101406 Revised July 1, 2011 01 50 00 - 3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1 E. Dust Control 2 1. Contractor is responsible for maintaining dust control through the duration of the 3 project. 4 a. Contractor remains on -call at all times 5 b. Must respond in a timely manner 6 F. Temporary Protection of Construction 7 1. Contractor or subcontractors are responsible for protecting Work from damage due 8 to weather. 9 1.5 SUBMITTALS [NOT USED] 10 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 11 1.7 CLOSEOUT SUBMITTALS [NOT USED] 12 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 13 1.9 QUALITY ASSURANCE [NOT USED] 14 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 15 1.11 FIELD [SITE] CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART 2 - PRODUCTS [NOT USED] 18 PART 3 - EXECUTION [NOT USED] I9 3.1 INSTALLERS [NOT USED] 20 3.2 EXAMINATION [NOT USED] 21 3.3 PREPARATION [NOT USED] 22 3.4 INSTALLATION 23 A. Temporary Facilities 24 1. Maintain all temporary facilities for duration of construction activities as needed. CITY OF FORT WORTH (HMAC 2019-5) CD13G STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised July 1, 2011 01 50 00 - 4 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1 3.5 [REPAIR] / [RESTORATION] 2 3.6 RE -INSTALLATION 3 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 4 3.8 SYSTEM STARTUP [NOT USED] 5 3.9 ADJUSTING [NOT USED] 6 3.10 CLEANING [NOT USED] 7 3.11 CLOSEOUT ACTIVITIES 8 A. Temporary Facilities 9 1. Remove all temporary facilities and restore area after completion of the Work, to a 10 condition equal to or better than prior to start of Work. 11 3.12 PROTECTION [NOT USED] 12 3.13 MAINTENANCE [NOT USED] 13 3.14 ATTACHMENTS [NOT USED] 14 END OF SECTION 15 16 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 (MAAC 2019-5) CDBG STREET REHABILITATION 101406 01 5526-1 STREI?T USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page I 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 I 1 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 — General Requirements 15 3. Section 34 71 13 -- Traffic Control 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES 21 A. Reference Standards 22 1. Reference standards cited in this specification refer to the current reference standard 23 published at the time of the latest revision date logged at the end of this 24 specification, unless a date is specifically cited. 25 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Traffic Control 28 1. General 29 a. When traffic control plans are included in the Drawings, provide Traffic 30 Control in accordance with Drawings and Section 34 71 13. 31 b. When traffic control plans are not included in the Drawings, prepare traffic 32 control plans in accordance with Section 34 71 13 and submit to City for 33 review. 34 1) Allow minimum 10 working days for review of proposed Traffic Control. 35 B. Street Use Permit 36 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 37 a. To obtain Street Use Permit, submit Traffic Control Plans to City 38 Transportation and Public Works Department. CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 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. I0 3) It is the Contractor's responsibility to coordinate review of Traffic Control 1 I plans for Street Use Permit, such that construction is not delayed. t 12 D. Removal of Street Sign 13 I. 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 4 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). f 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 1 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 SUBMITTALS/INFORMATIONAL 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] 1 33 1.12 WARRANTY [NOT USED] f 34 PART 2 - PRODUCTS [NOT USED] 35 PART 3 - EXECUTION [NOT USED] 36 END OF SECTION CITY OF FORT WORTH (IIMAC 2019-5) CIIBG S-MEET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revises! July 1, 2011 015526-3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH (flMAC 2010-5) CDBG STREET REHABu_ITATIGN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised Suly 1, 2011 I s 0157 13- 1 STORM WATER POLLUTION PREVENTION Page 1 of 1 I 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 Contract 11 2. Division I — General Requirements 12 3. Section 3125 00 — Erosion and Sediment Control 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Construction Activities resulting in less than 1 acre of disturbance 16 a. Work associated with this Item is considered subsidiary to the various Items 17 bid. No separate payment will be allowed for this Item. 18 2. Construction Activities resulting in greater than I acre of disturbance 19 a. Measurement and Payment shall be in accordance with Section 3125 00. 20 1.3 REFERENCES 21 A. Abbreviations and Acronyms 22 1. Notice of Intent: NOI 23 2. Notice of Termination: NOT 24 3. Storm Water Pollution Prevention Plan: SWPPP 25 4. Texas Commission on Environmental Quality: TCEQ 26 5. Notice of Change: NOC 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. 3I 2. Integrated Storm Management (iSWM) Technical Manual for Construction 32 Controls 33 1.4 ADMINISTRATIVE REQUIREMENTS 34 A. General 35 1. Contractor is responsible for resolution and payment of any fines issued associated 36 with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 (FWAC 2019-5) CllBG STREET REHABILITATION 101406 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 01 5713 -2 STORM WATER POLLUTION PREVENTION Page 2 of 2 B. Construction Activities resulting in: 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 3125 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System. (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, 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 PORT WORTH (HMAC 2019-5) CD13G STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised July 1, 2011 01 5713 -3 STORM WATER POLLUTION PREVENTION Page 3 of 3 1 B. Modified SWPPP 2 i. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 3 in accordance with Section 01 33 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 14 15 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised July 1, 2011 015813-I TEMPORARY PROJECT SIGNAGE Page I of 3 1 SECTION 0158 13 2 TEMPORARY PROJECT ,SIGNAGE 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Temporary Project Signage Requirements 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections inctude, but are not necessarily limited to: ` 10 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division I — 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 CITY OF FORT WORTH (UMAC 200-5) CD$G STREET REHABILUATIaN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised July 1, 2011 I r 01 58 13 - 2 TEMPORARY PROJECT SIGNAGF Page 2 of 3 1 1. Provide free standing Project Designation Sign in accordance with City's Standard 2 Details for project signs. 3 B. Materials 4 1. Sign 5 a. Constructed of 3/9-inch fir plywood, grade A-C (exterior) or better 6 2.3 ACCESSORIES [NOT USED] 7 2.4 SOURCE QUALITY CONTROL [NOT USED] 8 PART 3 - EXECUTION 9 3.1 INSTALLERS [NOT USED] 10 3.2 EXAMINATION [NOT USED] 11 3.3 PREPARATION [NOT USED] 12 3.4 INSTALLATION 13 A. General 14 1. Provide vertical installation at extents of project. 15 2. Relocate sign as needed, upon request of the City. 16 B. Mounting options 17 a. Skids 18 b. Posts 19 c. Barricade 20 3.5 REPAIR / RESTORATION [NOT USED] 21 3.6 RE -INSTALLATION [NOT USED] 22 3.7 FIELD [oRl SITE QUALITY CONTROL [NOT USED] 23 3.8 SYSTEM STARTUP [NOT USED] 24 3.9 ADJUSTING [NOT USED] 25 3.10 CLEANING [NOT USED] 26 3.11 CLOSEOUT ACTIVITIES [NOT USED] 27 3.12 PROTECTION [NOT USED] 28 3.13 MAINTENANCE 29 A. General 30 1. Maintenance will include painting and repairs as needed or directed by the City. 31 3.14 ATTACHMENTS [NOT USED] 32 END OF SECTION 33 CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION 101406 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 I of 58 13 -3 TEMPORARY PROJECT SIGNAGE Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH (HIMAC 2919-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised July 1, 2011 W b SECTION 0160 00 PRODUCT REQUIREMENTS 3 PART1- GENERAL 4 1.1 SUMMARY 016000-I PRODUCT REQUIREMENTS Page 1 of 1 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. Resources102 - Construction Documents\Standard Products List 17 B. Only products specifically included on City's Standard Product List in these Contract 18 Documents shall be allowed for use on the Project. 19 1. Any subsequently approved products will only be allowed for use upon. specific 20 approval by the City. 21 C. Any specific product requirements in the Contract Documents supersede similar 22 products included on the City's Standard Product List. 23 1. The City reserves the right to not allow products to be used for certain projects even 24 though the product is listed on the City's Standard Product List. 25 D. Although a specific product is included on City's Standard Product List, not all 26 products from that manufacturer are approved for use, including but not limited to, that 27 manufacturer's standard product. 28 E. See Section 0133 00 for submittal requirements of Product Data included on City's 29 Standard Product List. 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised December 20, 2012 01 60 00 - 2 PRODUCT REQUIREMENTS Page 2 of 2 I 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 Revision Log DATE NAME SUMMARY OF CHANGE 10/121]2 D. Johnson Modified Location of City's Standard Product List CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised December 20, 2012 I 01 66 00 - 1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page I of 1 1 SECTION 0166 00 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS r 3 PART1- GENERAL 4 11 SUMMARY 5 A. Section Includes: 6 1. Scheduling of product delivery 7 2. Packaging of products for delivery 8 3. Protection of products against damage from: 9 a. Handling 10 b. Exposure to elements or harsh environments I 1 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division I — General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 22 1.5 SUBMITTALS [NOT USED1 23 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 24 1.7 CLOSEOUT SUBMITTALS [NOT USED] 25 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 26 1.9 QUALITY ASSURANCE [NOT USED] 27 1.10 DELIVERY AND HANDLING 28 A. Delivery Requirements 29 1. Schedule delivery of products or equipment as required to allow timely installation 30 and to avoid prolonged storage. 31 2. Provide appropriate persomiel and equipment to receive deliveries. 32 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 33 for personnel or equipment to receive the delivery. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 MMAC 2019-5) CDBG STREET RFRABILITATION 101406 01 66 00 - 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 2 1 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 2 containers designed and constructed to protect the contents from physical or 3 environmental damage. 4 5. Clearly and fully mark and identify as to manufacturer, item and installation 5 location. 6 6. Provide manufacturer's instructions for storage and handling. 7 B. Handling Requirements 8 1. Handle products or equipment in accordance with these Contract Documents and 9 manufacturer's recommendations and instructions. 10 C. Storage Requirements 11 1. Store materials in accordance with manufacturer's recommendations and 12 requirements of these Specifications. 13 2. Make necessary provisions for safe storage of materials and equipment. 14 a. Place loose soil materials and materials to be incorporated into Work to prevent 15 dalnage to any part of Work or existing facilities and to maintain free access at 16 all times to all parts of Work and to utility service company installations in 17 vicinity of Work. 18 3. Keep materials and equipment neatly and compactly stored in locations that will 19 cause minimum inconvenience to other contractors, public travel, adjoining owners, 20 tenants and occupants. 21 a. Arrange storage to provide easy access for inspection. 22 4. Restrict storage to areas available on construction site for storage of material and 23 equipment as shown on Drawings, or approved by City's Project Representative. 24 5. Provide off -site storage and protection when on -site storage is not adequate. 25 a. Provide addresses of and access to off -site storage locations for inspection by 26 City's Project Representative. 27 6. Do not use lawns, grass plots or other private property for storage purposes without 28 written permission of owner or other person in possession or control of premises. 29 7. Store in manufacturers' unopened containers. 30 8. Neatly, safely and compactly stack materials delivered and stored along line of 31 Work to avoid inconvenience and damage to property owners and general public 32 and maintain at least 3 feet from fire hydrant. 33 9. Keep public and private driveways and street crossings open. 34 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 35 satisfaction of City's Project Representative. 36 a. Total length which materials may be distributed along route of construction at 37 one time is 1,000 linear feet, unless otherwise approved in writing by City's 38 Project Representative. CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET RIiTIAWLITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised July 1, 2011 01 66 00 - 3 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 3 I 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 ERECTION [NOT USED] 9 3.5 REPAIR / RESTORATION [NOT USED] 10 3.6 RE -INSTALLATION [NOT USED] 11 3.7 FIELD [OR] SITE QUALITY CONTROL 12 A. Tests and Inspections 13 1. Inspect all products or equipment delivered to the site prior to unloading. 14 B. Non -Conforming Work 15 1. Reject all products or equipment that are damaged, used or in any other way 16 unsatisfactory for use on the project. 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 22 A. Protect all products or equipment in accordance with manufacturer's written directions. 23 B. Store products or equipment in location to avoid physical damage to items while in 24 storage. 25 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 26 the manufacturer. 27 3.13 MAINTENANCE [NOT USED] 28 3.14 ATTACHMENTS [NOT USED] 29 END OF SECTION 30 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 (HMAC 2019-5) CDBG STREET RERABILITATION 101406 01 66 00 - 4 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised July ], 2011 01 70 00 - 1 MOBILIZATION AND REMOBILIZATION Page 1 of 6 1 SECTION 0170 00 2 MOBILIZATION AND REMOBILIZATION 3 PARTI- 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 (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised November 22, 2016 01 70 00 - 2 MOBILIZATION AND REMOBILIZAT1ON Page 2 of 6 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 [Consult City Department/Division for direction on if 26 Mobilization pay item to be included or the item should be subsidiary. Include the 27 appropriate Section 1.2 A. 1.] 28 1. Mobilization and Demobilization 29 a. Measure 30 1) This Item is considered subsidiary to the various Items bid. 31 b. Payment 32 1) The work performed and materials furnished in accordance with this Item 33 are subsidiary to the various Items bid and no other compensation will be 34 allowed. 35 1W 36 �$#i'rc-c v-sscz,e--aii- crze 38 39 "ter 40 1) This Item will be me.isuied by the Pimp sum or each as the weT c 41 Mobilization is ealeuleAed on the base bid only and will not be r �sA 42 -44y an any additive alternate items adde *R *hp, C-Ltr 43 2) Demobilization h ll be ide a subsid to thevarious bid it -:jai 44 b. Payme CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised November 22, 2016 017000-3 MOBILIZATION AND REMOBILIZATION Page 3 of 6 1 , 2 Gefiti�t afne+tfl - less- the lump sum fef mobilization. Mobilization shall be 3 ode in ^Aial payments as follows.: 4 ° 5 eafned, 50%44 the 6 allo, will be paid. Of the tatal Contmet >less, 7 ° 8 ° wmm rrxxrvxxvrvx xu-xv:1u,w-'xTT be paid, 10 Previous pa��ents midef the Item will be dedueted ftom this amount. 11 ° ,4o of !he adjusted Contract amount fer- eonstfuetion Iteffis is 12 earnod, 1 0079A of -the mobilizatien lump suffi bid or 13 °is less, will be pai4-. 14 15 d)A bid containing total " lobilizatie " in excess efl-b �� 16 17 and a cause for- consider-a4ion of rejeetion. 1$ «Mobifization » sWINOT 19 include any eost OF SUM for mobilization items associated m4th 20 21 wateWseweF bid items. Otherwise the bid ]Items shall be eonsidered 22 23 "Mobilization Paving" shall NOT include 24 any eost or- sum for mobilization items assee-ated wilh drainage items. 25 Those eests shall be included W the "ll Lump 26 Sum bad Rem. Other -wise the bid items shall be eonsidered unbalanced 27 28 "» shall NO-T 29 , "Mobilization 9, 31 Lump + mid tem.- othemise thebid 14ems shall eonsidered 32 33 2) The work performed and materials furnished for demobilization in 34 accordance with this Item are subsidiary to the various Items bid and no other 35 compensation will be allowed. 36 1W 37 38 due to &fftreH! r,, r Valvar- 39 40 al'y and 41 bid "tems 42 43 44 various 14ems bid. 45 2) "Mobilization " « « MebilizalioH a > 46 —Pavin#Brain " will be measured by the lump sum or- ea eh as the wefl 47 progresses. Mobilizatien is calculated en the base bid anly and will not be 48 49 shall be eonsidem-A to the various bid items. 50 b. spaymen CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised November 22, 2016 01 70 00 - 6 MOBILIZATION AND REMOBILIZATION 1 PART 2 - PRODUCTS [NOT USED] 2 PART 3 - EXECUTION [NOT USED] 3 END OF SECTION 4 Page 6 of 6 Revision Log DATE NAME SUMMARY OF CHANGE 11/22/16 Michael Owen 1.2 Price and Payment Procedures - Revised specification, including blue text, to make specification flexible for either subsidiary or paid bid item for Mobilization. CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised November 22, 2016 017123-1 CONSTRUCTION STAKING AND SURVEY Page I of 8 1 SECTION 01 71 23 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 I --- General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Construction Staking 15 a. Measurement 16 1) Measurement for this Item shall be by lump sum. 17 b. Payment 18 1) The work performed and the materials furnished in accordance with this 19 Item shall be paid for at the lump sum price bid for "Construction Staking". 20 2) Payment for "Construction Staking" shall be made in partial payments 21 prorated by work completed compared to total work included in the lump 22 sum item. 23 c. The price bid shall include, but not be limited to the following: 24 1) Verification of control data provided by City. 25 2) Placement, maintenance and replacement of required stakes and markings 26 in the field. 27 3) Preparation and submittal of construction staking documentation in the 28 form of "cut sheets" using the City's standard template. 29 2. Construction Survey 30 a. Measurement 31 1) This Item is considered subsidiary to the various Items bid. 32 b. Payment 33 1) The work performed and the materials furnished in accordance with this 34 Item are subsidiary to the various Items bid and no other compensation will be 35 allowed. 36 3. As -Built Survey 37 a. Measurement 38 1) Measurement for this Item shall be by lump sum. 39 b. Payment 40 1) The work performed and the materials furnished in accordance with this 4I Item shall be paid for at the lump sum price bid for "As -Built Survey". CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 (HMAC 2019-5) CDBG STREET REHABILITATION 101406 01 71 23 -2 CONSTRUCTION STAKING AND SURVEY Page 2 of 8 1 2) Payment for "Construction Staking" shall be made in partial payments 2 prorated by work completed compared to total work included in the lump sum 3 item. 4 c. The price bid shall include, but not be limited to the following:: 5 1) Field measurements and survey shots to identify location of completed 6 facilities. 7 2) Documentation and submittal of as -built survey data onto contractor redline 8 plans and digital survey files. 9 10 1.3 REFERENCES 11 A. Definitions 12 1. Construction Survey - The survey measurements made prior to or while 13 construction is in progress to control elevation, horizontal position, dimensions and 14 configuration of structures/improvements included in the Project Drawings. 15 2. As -built Survey —The measurements made after the construction of the 16 improvement features are complete to provide position coordinates for the features I7 of a project. 18 3. Construction. Staking — The placement of stakes and markings to provide offsets 19 and elevations to cut and fill in order to locate on the ground the designed 20 structures/improvements included in the Project Drawings. Construction staking 21 shall include staking easements and/or right of way if indicated on the plans. 22 4. Survey "Field Checks" — Measurements trade after construction staking is 23 completed and before construction work begins to ensure that structures marked on 24 the ground are accurately located per Project Drawings. 25 B. Technical References 26 1. City of Fort Worth — Construction Staking Standards (available on City's Buzzsaw 27 website) — 01 71 23.16.01— Attachment A Survey Staking Standards 28 2. City of Fort Worth - Standard Survey Data Collector Library (fxl) files (available 29 on City's Buzzsaw website). 30 3. Texas Department of Transportation (TxDOT) Survey Manual, latest revision 31 4. Texas Society of Professional Land Surveyors (TSPS), Manual of Practice for Land 32 Surveying in the State of Texas, Category 5 33 34 1.4 ADMINISTRATIVE REQUIREMENTS 35 A. The Contractor's selection of a surveyor must comply with Texas Government 36 Code 2254 (qualifications based selection) for this project. 37 1.5 SUBMITTALS 38 A. Submittals, if required, shall be in accordance with Section 01 33 00. 39 B. All submittals shall be received and reviewed by the City prior to delivery of work. 40 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 41 A. Field Quality Control Submittals CITY OF FORT WORTH (M4AC 2019-5) CnaG STREET R1:I1A131LITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised February 14, 2018 01 71 23 -3 CONSTRUCTION STAKING AND SURVEY Page 3 of 8 1 1. Documentation verifying accuracy of field engineering work, including coordinate 2 conversions if plans do not indicate grid or ground coordinates. 3 2. Submit "Cut -Sheets" conforming to the standard template provided by the City 4 (refer to 01 71 23.16.01 — Attachment A -- Survey Staking Standards). 5 1.7 CLOSEOUT SUBMITTALS 6 B. As -built Redline Drawing Submittal 7 1. Submit As -Built Survey Redline Drawings documenting the locations/elevations of 8 constructed improvements signed and sealed by Registered Professional Land 9 Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01— Attachment A 10 — Survey Staking Standards) . 11 2. Contractor shall submit the proposed as -built and completed redline drawing 12 submittal one (1) week prior to scheduling the project final inspection for City 13 review and comment. Revisions, if necessary, shall be made to the as -built redline 14 drawings and resubmitted to the City prior to scheduling the construction final 15 inspection. 16 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 17 19 QUALITY ASSURANCE 18 A. Construction Staking 19 1. Construction staking will be performed by the Contractor. 20 2. Coordination 21 a. Contact City's Project Representative at least one week in advance notifying 22 the City of when Construction Staking is scheduled. 23 b. It is the Contractor's responsibility to coordinate staking such that 24 construction activities are not delayed or negatively impacted. 25 3. General 26 a. Contractor is responsible for preserving and maintaining stakes. If City 27 surveyors are required to re -stake for any reason, the Contractor will be 28 responsible for costs to perform staking. If in the opinion of the City, a 29 sufficient number of stakes or markings have been lost, destroyed disturbed or 30 omitted that the contracted Work cannot take place then the Contractor will be 31 required to stake or re -stake the deficient areas. 32 B. Construction Survey 33 1. Construction Survey will be performed by the Contractor. 34 2. Coordination 35 a. Contractor to verify that horizontal and vertical control data established in the 36 design survey and required for construction survey is available and in place. 37 3. General 38 a. Construction survey will be performed in order to construct the work shown 39 on the Construction Drawings and specified in the Contract Documents. 40 b. For construction methods other than open cut, the Contractor shall perform 41 construction survey and verify control data including, but not limited to, the 42 following: 43 1) Verification that established benchmarks and control are accurate. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 (HMAC 2019-5) CDIIG STREET RFHABILITATION 101406 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 01 71 23 -4 CONSTRUCTION STAKING AND SURVEY Page 4 of 8 2) Use of Benchmarks to furnish and maintain all reference lines and grades for tunneling. 3) Use of line and grades to establish the location of the pipe. 4) Submit to the City copies of field notesused to establish all lines and grades, if requested, and allow the City to check guidance system setup prior to beginning each tunneling drive. 5) Provide access for the City, if requested, to verify the guidance systern and the line and grade of the carrier pipe. 6) The Contractor remains fully responsible for the accuracy of the work and correction of it, as required. 7) Monitor line and grade continuously during construction. 8) Record deviation with respect to design line and grade once at each pipe joint and submit daily records to the City. 9) If the installation does not meet the specified tolerances (as outlined in Sections 33 05 23 and/or 33 05 24), immediately notify the City and correct the installation in accordance with the Contract Documents. C. As -Built Survey l . Required As -Built Survey will be performed by the Contractor. 2. Coordination a. Contractor is to coordinate with City to confirm which features require as - built surveying. b. It is the Contractor's responsibility to coordinate the as -built survey and required measurements for items that are to be buried such that construction activities are not delayed or negatively impacted. c. For sewer mains and water mains 12" and under in diameter, it is acceptable to physically measure depth and mark the location during the progress of construction and take as -built survey after the facility has been buried. The Contractor is responsible for the quality control needed to ensure accuracy. 3. General a. The Contractor shall provide as -built survey including the elevation and location (and provide written documentation to the City) of construction features during the progress of the construction including the following. 1) Water Lines a) Top of pipe elevations and coordinates for waterlines at the following locations: (1) Minimum every 250 linear feet, including (2) Horizontal and vertical points of inflection, curvature, etc. (3) Fire line tee (4) Plugs, stub -outs, dead-end lines (5) Casing pipe (each end) and all buried fittings 2) Sanitary Sewer a) Top of pipe elevations and coordinates for force mains and siphon sanitary sewer lines (non -gravity facilities) at the following locations: (1) Minimum every 250 linear feet and any buried fittings (2) Horizontal and vertical points of inflection, curvature, etc. 3) Stormwater — Not Applicable CITY OF FORT WORTH STANDARD CONSTRUCTION ,SPECIFICATION DOCUMENTS Revised February 74, 2018 (SMAC 2019-5) CDBG STREET REHABILITATION 101406 i 017123-5 CONSTRUCTION STAKING AND SURVEY Page 5 of 8 l b. The Contractor shall provide as -built survey including the elevation and 2 location (and provide written documentation to the City) of construction 3 features after the construction is completed including the following: 4 1) Manholes 5 a) Rim and flowline elevations and coordinates for each manhole 6 2) Water Lines 7 a) Cathodic protection test stations 8 b) Sampling stations 9 c) Meter boxes/vaults (All sizes) 10 d) Fire hydrants 1 i e) Valves (gate, butterfly, etc.) 12 f) Air Release valves (Manhole rim and vent pipe) 13 g) Blow off valves (Manhole rim and valve lid) 14 h) Pressure plane valves 15 i) Underground Vaults 16 (1) Rim and flowline elevations and coordinates for each 17 Underground Vault. 18 3) Sanitary Sewer 19 a) Cleanouts 20 (1) Rim and flowline elevations and coordinates for each 21 b) Manholes and Junction Structures 22 (1) Rim and flowline elevations and coordinates for each 23 manhole and junction structure. 24 4) Stormwater — Not Applicable 25 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 26 1.11 FIELD [SITE] CONDITIONS [NOT USED] 27 1.12 WARRANTY 28 PART 2 - PRODUCTS 29 A. A construction survey will produce, but will not be limited to: 30 1. Recovery of relevant control points, points of curvature and points of intersection. 31 2. Establish temporary horizontal and vertical control elevations (benchmarks) 32 sufficiently permanent and located in a manner to be used throughout construction. 33 3. The location of planned facilities, easements and improvements. 34 a. Establishing final line and grade stakes for piers, floors, grade beams, parking 35 areas, utilities, streets, highways, tunnels, and other construction. 36 b. A record of revisions or corrections noted in an orderly manner for reference. 37 c. A drawing, when required by the client, indicating the horizontal and vertical 38 location of facilities, easements and improvements, as built. 39 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all 40 construction staking projects. These cut sheets shall be on the standard city template 41 which can be obtained from the Survey Superintendent (817-392-7925). 42 5. Digital survey files in the following formats shall be acceptable: 43 a. AutoCAD (.dwg) 44 b. ESRI Shapefile (.shp) CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 (IWAC 2019-5) CllBG STREET RBHABILrrAn0N 101406 017123-8 CONSTRUCTION STAKING AND SURVEY Page 8of8 DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson Added instruction and modified measurement & payment under 1.2; added 8/31/2Q17 M. Owen definitions and references under 1.3, modified 1.6; added 1.7 closeout submittal requirements; modified 1.9 Quality Assurance; added PART 2 — PRODUCTS; Added 3.1 Installers; added 3.5 Repair/Restoration; and added 3.8 System Startup. Removed "blue text"; revised measurement and payment sections for Construction Staking and As -Built Survey; added reference to selection compliance with TGC 2/14/2018 M Owen 2254; revised action and Closeout submittal requirements; added acceptable depth measurement criteria; revised list of items requiring as -built survey "during" and "after" construction; and revised acceptable digital survey file format CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABRXfATr6N STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised February 14, 2018 W '4 R'F H Section 01 71 23.01 - Attachment A Survey Staking Standards February 2017 0:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01—Attachment A —Survey Staking Standards.docx Page 1 of 22 These procedures are intended to provide a standard method for construction staking services associated with the City of Fort Worth projects. These are not to be considered all inclusive, but only as a general guideline. For projects on TXDOT right-of-way or through joint TXDOT participation, adherence to the TXDOT Survey Manual shall be followed and if a discrepancy arises, the TXDOT manual shall prevail. (http_/Jon linemanuals.txdot.gov/txdotmanuals/esszess_pdf) If you have a unique circumstance, please consult with the project manager, inspector, or survey department at 817-392-7925. Table of Contents I. City of Fort Worth Contact Information IL Construction Colors Ill. Standard Staking Supplies IV. Survey Equipment, Control, and Datum Standards V. Water Staking VI. Sanitary Sewer Staking Vll. Storm Staking Vill. Curb and Gutter Staking IX. Cut Sheets X. As -built Survey 0ASpecs-Stds Governance Process\Temporary Spec riles\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 2 of 22 Survey Department Contact Information Physical and mailing address. 88S1 Camp Bowie West Boulevard Suite 300 Fort Worth, Texas 76116 Office: (817) 392-7925 Survey Superintendent, direct line: (817) 392-8971 11. Construction Colors The following colors shall be used for staking or identifying features in the field. This includes flagging, paint of laths/stakes, paint of hubs, and any identification such as pin flags if necessary. Utility rnlnr PROPOSED EXCAVATION WHITE ALL ELECTRIC AND CONDUITS POTABLE WATER GAS OR OIL YELLOW OR N6N6E TELEPHONE/FIBER OPTIC SURVEY CONTROL POINTS, BENCHMARKS, PROPERTY CORNERS, RIGHT-OF-WAYS, AND ALL PAVING INCLUDING CURB, SIDEWALK, BUILDING CORNERS PINK. SANITARY SEWER ' ' • IRRIGATION AND RECLAIMED WATER III, Standard Staking Supplies Item Minimum size Lath/Stake 36" tall Wooden Flub (2"x2" min. square preferred) 6" tall Pin Flags (2.5" x 3.5" preferred) 21" long Guard Stakes Not required PK or Mag nails 1" long Iron Rods (1/2" or greater diameter) 18" long Survey Marking Paint Water -based Flagging 1" wide Marking Whiskers (feathers) 6" long Tacks (for marking hubs) 3/4" long 0:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx )� Page 3 of 22 File 2: C1234_As-built of Water on Main Street —Project Specific Daturn.csv Example Control Stakes 0:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 6 of 22 Or 0� f Z W CD > _~ 0 LI —j EL. 100.00' m _ � W C CY LLJ LLJ Ct m I } W f } LEA C� CP 7 N 5000,00 E-=5000.00 ---- LL- 1� V. Water Staking Standards 0:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 7 of 22 VI. Sanitary Sewer Staking 0:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 9 of 22 i 0 T A. Centerline Staking — Straight Line Tangents I. Inverts shall be field verified and compared against the plans before staking 4 II. Painted green lath/stake WITH hub and tack or marker dot, no flagging required F III. 1 offset stake between manholes if manholes are 400' or less apart IV. Offset stakes should be located at even distances and perpendicular to the centerline V. Grades will be per plan and the date of the plans used should be noted VI. If multiple lines are at one manhole, each line shall have a cut/fill and direction noted VIL Stakes at every grade break Vlll. Cut sheets are required on all staking Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker B. Centerline Staking— Curves I. If arc length is greater than 100', POC (Point of Curvature) offset stakes should be set at a 25' interval ll. Staking of radius points of greater than 100' may be omitted C. Sanitary Sewer Manholes I. 2 offset stakes per manhole for the purpose of providing alignment to the contractor i II. Flowline grade should be on the lath/stake for each flowline and direction noted I Ill. RIM grade should only be on the stake when provided in the plans 0:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01 Attachment A_Survey Staking Standards.docx Page 10 of 22 � 0 LL- Example Sanitary Sewer Stakes r U1 to 0/'K ssII 1 7z�w U- J" Ci C, 710 C-3-VII f-01a 77 h4 WI 1!1 7- 0/.-, OL LA- LLi L�l <�J LO C1 IL g Lj F� K' Cis - L! W. Vi in I , P II tiO C-7 C-- F+O LO tT� 0:\Spec!s-Stds Governance Process\Temporary Spec Files\Capital Deflvery�Cap Delivery Div 01\01 71 23.16.01—Attachment A —Survey Staking Standards,docx Page 11 of 22 !III. Storm Sewer & Inlet Staking i E A. Centerline Staking — Straight Line Tangents 1. 1 offset stake every 200' on even stations I H. Grades are to flowline of pipe unless otherwise shown on plans Ill. Stakes at every grade break IV. Cut sheets are required on all staking Optional: Actual stakes shall consist of a 6OD nail or hub set with a whisker B. Centerline Staking — Curves i 1. If arc length is greater than 100', POC (Point of Curvature) offset stakes should 1 be set at a 25' interval II. Staking of radius points of greater than 100' may be omitted I C. Storm Drain Inlets 1. Staking distances should be measured from end of wing Il. Standard 10' Inlet = 16.00' total length Ill. Recessed 10' Inlet = 20.00' total length IV. Standard double 10' inlet = 26.67' total length f V. Recessed double 10' inlet = 30.67' total length D. Storm Drain Manholes I. 2 offset stakes per manhole for the purpose of providing alignment to the contractor IL Flowline grade should be on the lath/stake for each flowline and direction noted III. RIM grade should only be on the stake when provided in the plans" S OASpecs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 12 of 22 Example Storm Inlet Stakes FROM T FRONT (SIDE FACING (t-) (SIDE FACING C� M 0 �3 n BACK BACK OUE fM[V MIA) (NEIK irA01,19 RCkW-) wilt-, F. 1.11Alilr. ..,--Ll MIKA + 01,11 II 11 flF!;AA11L _,U Rt,?Ajjr Fu 91 10' REMSED try -V $TANDARP 001AA-C I V - 71t.47' Hk YAq, TK! or It ..... .. .... ........ It 1 1 NIL L, F 11 INU r FO Imo.'.♦' qA[1,17 MIA 'it' P.'V1jAF1t i NX 1"i ilrml I, Ftlk- F M- 7 %-1 ly! PIT 1P I 0:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01—Attachment A —Survey Staking Standards.docx Page 13 of 22 0 I Vill. Curb and Gutter Stakin A. Centerline Staking — Straight Line Tangents V. 1 offset stake every 50' on even stations VI. Grades are to top of curb unless otherwise shown on plans Vil. Stakes at every grade break Vlll. Cut sheets are required on all staking Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker B. Centerline Staking— Curves Ill. If arc length is greater than 100', POC (Point of Curvature) offset stakes should be set at a 25' interval IV. Staking of radius points of greater than 100' may be omitted 0:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 4 23.16.01_Attachment A_Survey Staking Standards.docx Page 14 of 22 Example Curb & Gutter Stakes FRONT (SIDE FACING q-) FRONT (SIDE FACMa gn POINT �fcFRON T TMco", FRONT (SIDE FACING Ct) FG -DE F .40M, UACK 1� :'Imr - r 4 CJF?'t 1 1; L11112K " I w 7 (SIDE FACMej RX)X) tw rt 3E or -,dww IN + Jfn 'P.. ..'CwPh. LAO Tm. TQF �11f` uf?Pff. rw4 PWW'; TC JP C ARR OF -,1114; 172fv. I U- CAI o FOOL OF PAV, i Example Curb & Gutter Stakes at Intersection 0:\Specs-Stds Governance Process\Temporary Spec Files\Capital DOvery\Cap Delivery Div 01\01 71 23-16-01—Attachment A —Survey Staking Standards.docx Page 15 of 22 L! n 10� 0/5 ST&.24 130 11� Fi-QQ2 LJ-- Ui t o � I , D L 57 N Li D� CD c:% ?3 15 -LI J kj: k . 0:\Specs-Stdls Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23-16-01—Attachment A —Survey Staking Standards.docx Page 16 of 22 IX. Cut Sheets Rate: A. Date of field work B. Staking Method (GPS, total station) C. Project Name D. City Project Number (Example: C01234) E. Location (Address, cross streets, GPS coordinate) F. Survey company name G. Crew chief name H. A blank template can be obtained from the survey superintendent (see item I above) Standard C1tV Cut Sheet City Project Number: Project Name: ❑ TOTAL Staking Method: ❑ GPS STATION ❑ OTHER LOCATION: CONSULTANT/CONTRACTOR SURVEY CREW INITIALS ALL GRADES ARE TO FLOWLINE OR TOP OF CURB UNLESS OTHERWISE NOTED_ PT # STATION OFFSET -LT/+RT DESCRIPTION PROP. GRADE STAKED ELEV. - CUT + FILL O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 17 of 22 I X. As -built Survey i A. Definition and Purpose The purpose of an as -built survey is to verify the asset was installed in the proper location and grade. Furthermore, the information gathered will be used to supplement the City's GIS data and must be in the proper format when submitted. Seesection 1V. As -built survey should include the following (additional items may be requested): Manholes Top of pipe elevations every 250feet Horizontal and vertical points of inflection, curvature, etc. (All Fittings) Cathodic protection test stations Sampling stations Meter boxes/vaults (All sizes) Fire lines Fire hydrants Gate valves (rim and top of nut) i Plugs, stub -outs, dead-end lines Air Release valves (Manhole rim and vent pipe) Blow off valves (Manhole rim and valve lid) 4 Pressure plane valves Cleaning wyes i Clean outs Casing pipe (each end) Inverts of pipes Turbo Meters 0:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01 Attachment A_Survey Staking Standards.docx Page 18 of 22 B. Example Deliverable A hand written red line by the field surveyor is acceptable in most cases. This should be a copy of the plans with the point number noted by each asset. If the asset is missing, then the surveyor should write "NOT FOUND" to notify the City. Ap. 0:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 19 of 22 cgs'�i `` f} � Ff e i tiFf 4�R a4 �' I � � �`.,.�. i r ' - �'•' i7 �tlEey �y C R,!�aY 5 � FSa �� �e� h4�p 17�F G:s ii 7 �� FpI ag �F�I .�� @a� Y� E@I� �f ry �, j E !?' xQ a 6°e iRg � :F a a 2 �R111 IN 0:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 20 of 22 - M, WI, M CL97VI RM STA o•5A7 - IrX 1FlaD ON I - IL WL IFIOID &V RMWE G SALVFDE EXIST. .lrWIVER WE W&C 6 REOU r:"R 'E INSIML I-IP'SWD SIEEVE STAo•1$DI-!E' t -ICA rF ... I'!P X 8'REDLCER I INSTAW 4YL i I..Ip g5•,yp472. DNA . h IL"o iTE VikVC h ff 45VERr• ILRD I-IPOLF�Wl.� 37'A0t1Gr5 -• b'4YL H{y1rlJC1L6-if '. NV-47 9-5,MV ' N-6347M rd.. '' WTAU.. 1 E•P.P 3TJJ�Y- L•Pf�f-JSUM F,•?a9s37Jsrro h!"'Y rr'ML7Xy1 T.'!' { � 1 � 1 h��r•rr vsv,�- � raE irWMWI rLF OM aRµ7 IFS �binr 7zy ` y l e a' N-6rw E vuvE _�` 1 • f 1/ .+4Y NS . vrrru,vr.r,'l W; z J♦S Pz i s. M1�rf..�>h IM RtYA'E Exls7�,—� !P'l7.tTER CIA— �'j .B',k rM •ry � i TRN 2 xn vazw v. rr H J 1'Ir_"IYVElir.9FJIR IDI, F.990CS15 ih}tl .R•r-' xF.lYJ" � STA otJo0r7 - IFAIFIDYD I 1NVAL €eMA$007 SIEEVF. 57 IF Or IrWAMR PIPE awfla7 7V ExIS:IEr{YoTm H�,4P7N59719 rrw SrAIiOM -IrNI, AYSfA1L �:�b hrz4svF,A7'.srrvD 'r �.� L x. 6' S. . PROPOSED SAWAW S \ SEE SWEET 0:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01 Attachment A_Survey Staking Standards.docx Page 21 of 22 I L- it p 09�0 Vis 307 1401M 0 W i Jj i I ,77 23.16.01—Attachment A —Survey Staking Standards.docx Page 22 of 22 \01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 23 of 23 s Obviously the .csv or .txt file cannot be signed/sealed by a surveyor in the format { requested. This is just an example and all this information should be noted when delivered to the City so it is clear to what coordinate system the data is in. I a I I V 0 POINT NO. NORTHING LASTING ELEV. 1 6946257.189 2296079.165 2 6946260.893 2296062.141 3 6946307.399 2296038.306 4 6946220.582 229601i.025 5 6946195.23 2296015.116 6 694639M528 2296022.721 7 6946136.012 2295992,115 8 6946002.267 2295919.133 9 6946003.056 2295933,419 10 6945984.677 2295880.52 11 6945986.473 2295869,892 12 6945995.077 2295860.962 13 6945896.591 2295862.188 14 6945934.286 2295841.925 15 6945936.727 2295830.441 16 694583S.678 2295799.707 17 6945817AB8 2295827,011 18 6945759.776 2295759.643 19 6945768.563 2295778.424 20 6945743318 2295788.392 21 6945723.219 2295754.394 22 6945682.21 2295744.22 23 6945621902 2295669.471 24 6945643.407 2295736.03 25 6945571.059 2295655.195 26 6945539.498 2295667.803 27 6945519.834 2295619.49 28 6945427.879 2295580.27 29 6945456.557 2295643,145 30 6945387,356 2295597.101 31 6945370.688 2295606,793 32 6945383.53 2295610.559 33 6945321.228 2295551,105 34 6945319.365 2295539.728 35 6945242.289 2295570.715 36 6945233.624 2295544,626 37 5945206.483 2295529305 38 6945142.015 2295557.666 39 6945113,445 2295520.335 40 6945049.02 2295527.345 41 6945041.024 2295552,675 42 694S038.878 2295552.147 43 6945006.397 2295518.135 44 6944944.782 2295520.635 45 6944943.432 2295556.479 46 6944860.416 2295534,397 DESCRIPTION 726.09 SSMH RIM 5 f •: i iJ I-J f f I 725.668 GV RIM 726.85 GV RIM 723.358 SSMH RIM 722.123 GV RIM 722.325 FH 719,448 WM RIM 713.331WMRIM T"X jai (_[ .$ t. 713.652 CO RIM 711.662 SSMH RIM 710.046 WM RIM 707,72 WM RIM 708.205 WM RIM 709.467 WM RIM 710.084 CO RIM 707,774 SSMH RIM 708,392 SSMH RIM 711-218 SSMH RIM 710.086 GV RIM 710.631 GV RIM 712,849 GV RIM y 716,686 WM RIM¢ 723.76 WM RIM 719,737 CO RIM C t Iv,i 17-1 -1` 727.514 SSMH RIM �! 729,123 WM RIM -Tt-: 732,689 WM RIM 6 �•,. j G. �:T 740,521 WM RIM 736.451 CO RIM 740.756 GV RIM 740.976 GV RIM 740.A08 FH 746,34 WM RIM 746.777 CO RIM 746.454 WM RIM 749.59 SSMH RIM 751.058 WMRIM 2�. L. 750.853 WM RIM 751.871 WM RIM 752.257 SSMH RIM 751.79 WM RIM 751.88 WM RIM 752.615 WM RIM ' 752.801 WM RIM 752,156 WM RIM �y 752,986 SSMH RIM 0:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 24 of 24 C. Other preferred as -built deliverable Some vendors have indicated that it is easier to deliver this information in a different format. Below is an example spreadsheet that is also acceptable and can be obtained by request from the survey superintendent. O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 25 of 25 C LAlti ro s O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap delivery Div 01\0171 23,16.01_Attachment A_Survey Staking Standards.docx Page 26 of 26 01 74 23 - 1 CLEANING Page 1 of 4 1 SECTION 0174 23 2 CLEANING 3 PART]- 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 l —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 19 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 (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMFNTS IOI405 Revised July 1, 2011 I I 01 74 23 - 2 CLEANING Page 2 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 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] I6 3.3 PREPARATION [NOT USED] 17 3.4 APPLICATION [NOT USED] 1S 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 (UMAC 2019-5) CDac STREET REHA13RATATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS E01406 Revised July 1, 2011 01 74 23 -3 CLEANING Page 3 of 4 1 6. Handle materials in a controlled manner with as few handlings as possible. 2 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 3 this project. 4 8. Remove all signs of temporary construction and activities incidental to construction 5 of required permanent Work. 6 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to 7 have the cleaning completed at the expense of the Contractor. 8 10. Do not burn on -site. 9 B. Intermediate Cleaning during Construction 10 1. Keep Work areas clean so as not to hinder health, safety or convenience of 11 personneI in existing facility operations. 12 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 1.3 3. Confine construction debris daily in strategically Iocated container(s): I4 a. Cover to prevent blowing by wind 15 b. Store debris away from construction or operational activities 16 e. 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. CIean permanent filters and replace disposable filters if units were operated 29 during construction. 30 b. CIean ducts, blowers and coils if units were operated without filters during 31 construction. 32 6. Replace all burned out lamps. 33 7. Broom clean process area floors. 34 8. Mop office and control room. floors. 35 D. Exterior (Site or Right of Way) Final Cleaning 36 1. Remove trash and debris containers from site. 37 a. Re -seed areas disturbed by location of trash and debris containers in accordance 38 with Section 32 92 13. 39 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 40 that may hinder or disrupt the flow of traffic along the roadway. 41 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 42 junction boxes and inlets. CITY OF FORT WORTH (HMAC M9-5) CDBGSTREET REHABILITATION 101406 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 201) 1-. 01 74 23 - 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 0 10 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 (HMAC 2019-5) CDBG STREET REHABILITATION 101406 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0177 19 CLOSEOUT REQUIREMENTS 017719-1 CLOSEOUT REQUIREMENTS Page 1 of 3 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 D 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 (HMAC 2o19-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised July 1, 2011 I 01 77 19 - 2 CLOSEOUT REQUIREMENTS Page 2 of 3 1 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 CLOSEOUT PROCEDURE 9 A. Prior to requesting Final Inspection, submit: 10 1. Project Record Documents in accordance with Section 01 78 39 11 2. Operation and Maintenance Data, if required, in accordance with Section 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 £ Vault keys 36 g. HandwheeIs 37 h. Other expendable items as required for initial start-up and operation of all 38 equipment CITY OF FORT WORTH (IIMAC 2039-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 RGAsed duly 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 017719-3 CLOSEOUT REQUIREMENTS Page 3 of 3 D. Notice of Project Completion 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) f. Contractor's Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice Of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log I DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 CtNAC 2019-5) CDBG STREET REHABILITATION 101406 R PART1- GENERAL 1.1 SUMMARY SECTION 0178 39 PROJECT RECORD DOCUMENTS 017839-1 PROJECT PXCORD DOCUMENTS Page 1 of4 A. Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports j c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification f 1. None. i C. Related Specification Sections include, but are not necessarily limited to: f 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. y 1.3 REFERENCES [NOT USED] 1.4 ,ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City's Project Representative. 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, malting adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. ! 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. f CITY OF FORT WORTH "Y[AC 2019-5) CDBG STREET REHABILITATION ! STANDARD CONSTRUCTION SPECIFICATION 101406 4 DOCUMENTS Revised July 1, 2011 I 017839-2 PROJECT RECORD DOCUMENTS Page 2 of 4 3. To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements I. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the ftnaI Project Record Documents. 2. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER -FURNISHED [oR] OWNER -SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH (HMAC 2019-5) CDBG STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION 101406 DOCUMENTS Revised July 1, 2011 017839-3 PROJECT RECORD DOCUMENTS Page 3 of 4 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum, in accordance with the intervals set forth in Section 0171 23, clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. c. fn the event of overlapping changes, use different colors for the overlapping changes. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. I) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within I inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. CITY OF FORT WORTH (IiMAC 2019-5) CDBG STREET REIjABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101406 Revised July 1, 2011 017839-4 PROJECT RECORD DOCUMENTS Page 4 of 4 c. Call attention to each entry by drawing a "cloud" around the area or areas affected. d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR I RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 39 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NUT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 (HMAC 2019-5) CDBG STREET REHABILITATION 101406 L-1 Ili-w-WlM-M GC-6.06.13 Minority and Women Owned Business Enterprise Compliance: Included GC-6.07 Wage Rates: Included GC-6.24 Nondiscrimination: "None" GN-1.00 General Notes SD- 1.00 Standard Details FRF- 1.00 Federal Requirements for CDBG Funds MP- 1.00 Project Map CITY OF FORT WORTH (}IIvL4C 2019-5) Clli3G 51'RI''.CiT ItCI3AI3ILITATIOM STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS I0I406 Revised duly 1, 2011 GC-6e06.D Minority and Women Owned Business Enterprise Compliance THIS PAGE LEFT INTENTIONALLY BLANK FORTWORTH City of Fort Worth Office of Business Diversity MBE Subcontractors/Suppliers Utilization Form OFFEROR COMPANY NAME: FNH CONSTRUCTION LLC M/WIDSF ASH CRESCENT IMPROVEMENTS, HMAC 2019-614/18/2019 13 Rio 13 % 101406 ATTACHMENT" 1A Page 1 of 4 block NON-M/W/DBE 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 contractorlconsultant i.e. a direct payment from the prime contractor to a subcontractor is considered 161 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 cloal. ALL Is SEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located within the Marketplace, that have been determined to be a bonafide minority business enterprise by the North Central Texas Regional Certification Agency (NCTRCA) and the Dallas/Fort Worth Minority Supplier Development Council (DFW MSDC). 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. 2113/19 FoRTWORTH -111 ATTACHMENT IA Page 2 of 4 Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and nun-MBEN. 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. SUBCONTRACTORISUPPLIER Company Name Address Telephone/Fax Email Contact Person T i IDB NCTRCA __ M B O n � E Detail Subcontracting Work TRUCKING. Detail Supplies Purchased -- Dollar Amount , ROBERTS TRUCKING PO BOX 765206 DALLAS, TX 75376 P:469-726-2458 QUINCY ROBERTS QUINCY@ROBERTSTRUCK ING.COM N Rev. 2/13119 "1 H ATTACHMENT 1A Page 3 of 4 Offerors are required to identify ALt, subcontractors/suppliers, regardless of status; i.e., fbtlnority and rran-MBEa 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. SUBCON7'RACTORISUPPLI R NCTFtCA N a T Company Name n Detail Detail T Address Telephone/Fax i ` B B B Subcontracting Work Supplies Purchased Email Contact Person E E P ID E El Rev. 2/13119 FoRTWARIA ATTACHMENT 1A Page 4 of 4 Total Dollar Amount of MBE Subcontractors/Suppliers I 149, ;f O. U0 Total Dollar Amount of Mon-MIBE Subcontractors/Suppliers I so 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 Office of Business Diversity through the submittal of a Request for Approval of 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 fora period of time not less than one (1) year. f, r WCANDACE GILLESPIE Authorized Signature Printed Signature�� - Title FNH CONSTRUCTION LLC Company Name 4099 MCE'tfli EN RD, SUITE _600 Address FARMERS BRANCH, TX 75244 Cltylstate/Zip Office of Business Diversity Email: mwbeoffice@fortworthtexas.gov Phone: (817) 392-2674 Contact NamelTitle (if different) 469-248-0301 Telephone and/or Fax CAN UACE a@FNHCONSTRUCTION.COM E-mail Address T - �_(e_f9 Data Rev. 2113119 GC©6o07 Wage Rates THIS PAGE ]LEFT INTENTIONALLY BLANK Page 1 of 5 General Decision Number: TX190025 01/04/2019 TX25 Superseded General Decision Number: TX20180035 State: Texas Construction Type: Highway Counties: Archer, Callahan, Clay, Collin, Dallas, Delta, Denton, Ellis, Grayson, hunt, Johnson, Jones, Kaufman, Parker, Rockwall, Tarrant and Wise Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. if this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above -mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracta. Modification Number Publication Date 0 01/04/2019 * SUTX2011-007 08/03/2011 Rates Fringes CONCRETE FINISHER (Paving and Structures) ......................$ 14.12 ELECTRICIAN ......................$ 19.80 h4s://www.wdol.gov/wdol/scafiles/davisbacom/TX25.dvb?v=0 3/1/201. 9 r Page 2of5 ti FORM BUILDER/FORM SETTER Paving & Curb ...............$ 13.16 Structures ...... ............ $ 13.84 LABORER 6 Asphalt Raker ...............$ 12.69 Flagger.....................$ 10.06 Laborer, Common .............$ 10.72 Laborer, Utility.. .......... $ 12.32 Pipelayer...................$ 13.24 Work Zone Barricade Servicer....................$ 11.68 POWER EQUIPMENT OPERATOR: Asphalt Distributor ......... $ 15.32 Asphalt Paving Machine ...... $ 13.99 Broom or Sweeper...... ...... $ 11.74 ' Concrete Pavement Finishing Machine ........... $ 16.05 Concrete Saw ................$ 14.48 l Crane Operator, Lattice I Boom BO Tons or Less ........ $ 17.27 Crane Operator, Lattice Boom over 80 Tons ........... $ 20.52 f Crane, Hydraulic 80 Tons = or Less .....................$ 18.12 Crawler Tractor .............$ 14.07 Excavator, 50,000 pounds or less.. ...................$ 17.19 Excavator, over 50,000 pounds. ......... $ 16.99 fFoundation Drill , Truck f Mounted ............. ........ $ 21.07 Foundation Drill, Crawler Mounted .....................$ 17.99 Front End Loader 3 CY or i Less ........................$ 13.69 Front. End Loader, over 3 CY.$ 14.72 Loader/Backhoe..............$ 15.18 Mechanic ....................$ 17.68 Milling Machine .............$ 14.32 Motor Grader, Fine Grade .... $ 17.19 Motor Grader, Rough ......... $ 16.02 Pavement Marking Machine .... $ 13.63 Reclaimer/Pulverizer........ $ 11.01 Roller, Asphalt .............$ 13.08 Roller, Other ............... $ 11.51 Scraper .....................$ 12.96 Small Slipform Machine ...... $ 15.96 Spreader Sox ................$ 14.73 Servicer .........................$ 14.58 Steel Worker (Reinforcing) ....... $ 16.18 TRUCE{ DRIVER Lowboy -Float ......$ 16.24 Oft Road Hauler............ .$ 12.25 Single Axle .................$ 12.31 1 https://www.wdol.gov/wdol/scafiles/davisbacon/TX25.dvb?v=0 3/1/2019 Page 3 of 5 Single or Tandem Axle Dump Truck .......................$ 12.62 Tandem Axle Tractor with Semi Trailer ................$ 12.86 Transit -Mix. ................ $ 14.14 WELDER ...........................$ 14.84 WELDERS -- Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis --Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/goveontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). --_ W ------ -------------------------------------------------------- ---- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination, The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SO" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198--005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number https://www.wdol.gov/wdoYscafiies/davisbacon/TX25.dvb?v=0 3/1/2019 Page 4 of 5 where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-ON-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter https://www.wdol.gov/wdol/scafiles/davisbacon/TX25.dvb?v=a 3/1/20I9 Page 5 of 5 * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) if the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) Ali decisions by the Administrative Review Board are final. END OF GENERATE DECISION littps://www.wdoI.gov/wdol/scafiles/davisbacon/TX25.dvb?v=0 3/1/2019 GC-6o24 Nondiscrimination Tnis IMAGE LEFT INTENTIONALLY BLANK GN-1000 General motes THIS PAGE LEFT INTENTIONALLY BLANK General Notes Division 01— General Requirements General: 1. The Contractor shall be responsible for locating all utilities, whether public or private, prior to excavation. The information and data shown with respect to existing underground facilities at or contiguous to the site is approximate and based on information furnished by the owners of such underground facilities or on physical appiu-Eenances observed in the field. The City and Engineer shall not be responsible for the accuracy or completeness of any such information or data. The Contractor shall have full responsibility for reviewing and checking all such information or data, for locating all underground facilities, for coordination of the work with the owners of such underground facilities during construction and for the safety and protection thereof and repairing any damage thereto resulting from the Work. This Work shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. The Contractor shall notify any affected owners (utility companies) or agencies in writing at least 48 hours prior to construction. a. Notify TEXAS 811 (1-800-DIG-TESS or www.texas811.org) to locate existing utilities prior to construction. b. Caution! Buried electric lines may exist along this project. Contact electrical providers 48 hours prior to excavation : • ONCOR Will Riegler 817-215-67078 • Tri-County Kevin Mooney 817-752-8160 e. Caution! Buried gas lines may exist along this project. Contact Atmos Energy 48 hours prior to excavation, and within two (2) hours of encountering a gas line (John Crane: 817-207-2845) d. Caution! Buried communication cables may exist along this project. Contact communication companies 48 hours prior to excavation: • Spectrum/Charter Communications Sherri Trahan 817-271-8108 • AT&T Gary Tilory 817-338--6202 • OneSource Communications Jeremy Hegwood 817-745-2243 e. Caution! When doing work within 200 feet of any signalized intersection, the Contractor shall notify Traffic Management Division of City of Fort Worth T/PW, 72 hours prior to excavation (Kassem Elkhalil: 817-392-8742). The Contractor shall protect existing signal hardware, ground boxes, detection loops, and underground conduit at signalized intersections. Any damages at signalized intersections shall be replaced at the expense of the Contractor. The Contractor shall contact the City at 817-392-8100 to perform conduit line locates at signalized intersections 72 hours prior to commencing work at the intersection. f. The Contractor shall notify the City of Fort Worth Project Manager 48 hours prior to the start of any excavation (Kristian Sugrim: 817-392-8902) 2. Contractor's personnel shall have identifying clothing, hats or badges at all tinges which identify the Contractor's name, logo or company. 3. Protect concrete curb and gutter, driveways, and sidewalks that are not designated for removal. Removal and replacement of these items shall be as designated in the drawings. CITY OF FONT WORTH STANDARD CONSTRUCTION GENERAL NOTES Version Release December 18, 2017 Division 32 Exterior Improvements General: 1. At locations where the curb and gutter are to be replaced, the Contractor shall assume all responsibility for the re-establishment of existing street and gutter grades. Establishment of grades shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. 2. All driveways, which are open cut, shall have at least a temporary driving surface at the end of each day. The temporary surface shall be considered as a subsidiary item of Work. The cost of which shall be included in the price bid in the Proposal for various bid items. 3. Contractor shall saw -cut curb and gutter and / or pavement prior to removal and front -fill with HMAC, a limit of nine (9) inches, out from the gutter lip. 4. Contractor shall backfiIl behind the curb, driveways, sidewalks, ADA ramps, and etc. within five (5) days from the date the flatwork was completed. 5. All removed material/ debris should be hauled off, to a suitable dumpsite, within the same day. 6. During construction, two project signs shall be provided for each street under construction. Bike Lanes and Shared Pavement Markings: 1. Proposed bike lanes should maintain a minimum effective width of 4 feet (measured from edge of gutter to center of stripe). 2. Bicycle pavement markings should be located 20 feet from the curb return, stop bar, or cross walk (whichever is applicable) unless denoted otherwise in the drawings. 3. Combined width of bike lane and on -street parking should not be less than 13 feet. 4. If travel lane is greater than 14 feet wide, shared pavement markingsshall be placed 4 feet from face of curb or edge of on -street parking (whichever is applicable). 5. If travel lane is less than or equal to 14 feet wide, shared pavement markings shall be placed in the middle of the travel lane. 7. Bike lane symbol, arrow, and shared pavement markings should be repeated at the begirming of each intersection. 8. On uninterrupted sections of roadway, bike Iane symbol and arrow should not be spaced more than 330 feet apart and shared pavement markings should not be spaced more than 250 feet apart. 9. Bike lane symbol, arrow, and shared pavement markings should not be placed at private driveways or public intersections. 10. Bike lane striping should be 4 inches solid white, hot -applied thermoplastic unless specified otherwise in the drawings. All other bike lane pavement markings shall also be white, hot applied thermoplastic unless otherwise specified in the drawings. 11. All dimensions are from face of curb and are to center of the pavement marking. 12. Shared pavement markings should not be used on facilities with a posted speed greater than 35 1xlph. Sidewalks and Curb Ramps: 1. The curb ramp standard details are intended to show typical layouts for the construction of the curb ramps. The information shown on the standard details meet the requirements shown in the "2012 Texas Accessibility Standards" (TAS) and the "2010 ADA Standards for Accessible Design" by the Department of Justice. 2. City of Port Worth Standard Details are only intended to indicate pay limits for each type of ramp, the Engineer is responsible for the development and design of the sidewalk and curb ramp layout, including actual dimensions and slope percentages. CITY OF PORT WORT14 STANDARD CONSTRUCTION GENERAL NOTES Version Release December 18, 2017 3. The Contractor may not make changes to the sidewalk and curb ramp layout without approval of the City. The Contractor may propose changes to the sidewalk and curb ramp layout due to field conditions, but any proposed changes must be approved by the City. 4. Curb ramp running slopes shall not be steeper than 8.3% (12:1). Adjust curb ramp length or grade of approach sidewalks as directed by the City. 5. Curb ramp flare slopes shall not be steeper than 10% (10:1) as measured along back of curb. 6. Maximum allowable cross slope on sidewalk and curb ramp surfaces is 2%. 7. The minimum width of sidewalks and curb ramps shall be 4 feet. 8. Landings shall be provided at the top of curb ramps. The landing clear length shall be 5 feet minimum .from the end of ramp. The landing clear width shall be at least as wide as the curb ramp, excluding flares. The landing shall have a maximum slope of 2% in any direction. 9. In alterations where there is no landing at the top of the curb ramp, curb ramp flares shall be provided and shall not be steeper than 8.3% (12:1). 10. Where turning is required, maneuvering space at the top and bottom of curb ramps shall be 5 feet by 5 feet minimum. The space at the bottom shall be wholly contained within the crosswalk markings and shall not project into vehicular traffic lanes. 11. Curb ramps with returned curbs may be used only where pedestrians would normally walk across the ramp, either because the adjacent surface is planting or other non -walking surface or because the side approach is substantially obstructed. 12. Where curb ramps are provided, crosswalk markings shall be required and ramps shall be aligned with the crosswalk. 13. Counter slopes of adjoining gutters and road surfaces immediately adjacent to the curb ramp shall not be steeper than 5% (20:1) in any direction. CITY OF FORT WORTH STANDARD CONSTRUCTION GENERAL NOTES Version Release December 18, 2017 Division 34 - Transportation General: 1. Prior to activating traffic signals with new or revised signal timing, the contractor should e-mail Aziz Rahman, Sr. Professional Engineer, at Aziz.Rahman@fortworthtexas.gov (and copy Kassem EIkhalil, Professional Engineer, at Kassem.ElKhalil a@fortworthtexas.gov) at least three (3) weeks in advance to schedule that. 2. If new cabinets and controllers are being installed and the controllers need to be programmed and tested by City Forces; the contractor should deliver them to the City of Fort Worth, Signal Shop at 5001 James Ave., at least three (3) weeks in advance to schedule that. 3. Unless there is a compelling reason, a new traffic signal will be put on flash on Thursdays and working colors the following Tuesday. 4. Switching from old traffic signal to a new one, this should be done on Tuesdays only. 5. Notify Traffic Management Division (817-392-7738) Project Representative at least 24-hours in advance of all concrete pours. Inspector must be present when concrete is placed on the project site. 6. If applicable equipment supplied. by the City will be available for pick up from the Transportation/Public Works (T/PW) Warehouse at 5001 James Avenue and/or the Village Creek Pole Yard (5000 MLK Freeway). The Project Representative must authorize all equipment pickups. 7. Design consultant shall submit electronic file in CAD format as well as PDF (I I" X 17") of final signed and sealed plans to the City. Contractor shall provide a 5-year manufacturer warranty on APS systems. The warranty documentation shall include the start date (when material is delivered to job site) and the end date of the warranty and the serial number of the equipment. Traffic Signals: 1. The City will not provide traffic signal cabinet or traffic signal controller to the Contractor. The cost for these items must be included in the City project budget, or for all privately funded projects, the cost must be included in the bid package for purchase from the vendor. 2. The Contractor shall provide all materials needed to construct a fully operational traffic signal as called out for in the plans and specifications. 3. All existing signal equipment shall remain in place and operating until new equipment is in place and ready to operate. 4. The Contractor is responsible for hauling and properly disposing of salvaged material from the job site to a disposal site of their choosing. The Contractor will not be allowed to drop off salvaged materials at the City yards. Foundations: CITY OF FORT WORTH STANDARD CONSTRUCTION GENERAL NOTES Version Release December 19, 2017 1. Dimensions shown on plans for locations of signal foundations, conduit, and other items may vary in order to meet local conditions. All locations of foundations, conduit, and ground boxes shall be approved by the Traffic Signal Inspector or the City Engineer. 2. Contractor shall contact the City traffic signal inspector prior to pouring cabinet foundation to be sure that template and bolt patterns are correct for type of cabinet being supplied. Foundation shall be installed per City Specification and City Detail. 3. Pier Foundations shall be poured together in one piece. 4. No signal poles shall be placed on foundations prior to five (5) calendar days following pouring of concrete. 5. Contractor shall clean up and remove all loose material resulting from construction operations each day prior to the work is being suspended. 6. Controller cabinet concrete apron shall be subsidiary to the bid item for the controller cabinet foundation. Cabinet foundation and apron shall be poured together in one piece. Controller and Cabinet: 1. Contractor shall install controller cabinet and connect all associated field wiring. 2. City will install signal timing and program controller. Conduit: 1. A continuous grounded system shall be provided in PVC conduit by running 148 bare copper wire in conduit between foundations and grounding at each foundation ground rod. 2. All conduits shall be Schedule 80 PVC. 3. ElectricaI service shall be installed per City Specifications and City Detail in separate 2" conduit from the meter to the signal cabinet. Signal Heads: 1. All signal heads shall be McCainTM, EconoliteTM, or approved equivalent style and dimensions. 2. All signal heads shall be covered with burlap or other approved material from the time of installation until the signal is placed in operation. 3. All signal head attachments shall be designed such that the wiring to each signal head shall pass from the mast arm through a rain tight connector to the signal bead bracing or attachment hardware to the signal head. A small amount of exposed signal cable shall form a drip loop. 4. All LED signal indications shall be General Electric (GE) GelcoreTM or equivalent and shall meet the latest 1TE standards. 5. Signal heads (all displays) and pedestrian Walk and Don't Walk heads with countdown displays shall have LED inserts. 6. Clam -Shell mounting assemblies shall be used for pedestrian indications. CITY OF FORT WORTH STANDARD CONSTRUCTION GENERAL NOTES Version Release December 18, 2017 7. All LED signals shall be of the incandescent appearance. 8. All signal heads shall have black aluminum, louvered, single piece back plates compatible with McCainTM, EconoliteTM, or approved equivalent signal head housings. Traffic Signs and Pavement Markings: 1. All traffic signs and mounting hardware shown on the plans will be furnished and installed by the contractor including the metro street name signs. The contractor shall provide a detail sheet for the metro street name signs with block numbers to the City for approval prior to fabrication and installation. 2. Existing stop signs and posts will be removed by the contractor upon, or before, the signal turn - on. Detection System: 1. The Contractor shall furnish and install the IterisTm Vantage Vector Hybrid Detection System and cable. 2. The Contractor shall install, aim and program all detectors as per City Standard Specifications and City Details. 3. The Contractor shall refer to and City Standard Details and project plans for detection zones placement. Emergency Vehicle Preemption Equipment (EVP): 1. The Contractor shall furnish and install the OpticoraTm EVP (detectors, cable, and discriminator units). 2. The Contractor shall install the EVP detectors on the mast arm as shown on the plans and appropriate City Detail, and run one continuous EVP cable from the detector to the cabinet. Installation of the EVP system will be paid for per bid item. Accessible Pedestrian Signal (APS): 1. APS units with audible message shall be installed on all TxDOT locations or at the direction of the City Engineer. 2. APS units shall comply with the latest version of the Texas Manual on Uniform Traffic Control Devices (TMUTCD). 3. APS units shall be installed per City Standard Specification and City Detail. Battery Backup: 1. If called out for in the plans, battery backup units supplied shall comply with the City Standard Specifications. Installation shall be completed per City Standard Specifications and City Detail. Traffic Control: CITY OF PORT WORTH STANDARD CONSTRUCTION GENERAL NOTES Version Release December 18, 2017 1. The Contractor shall submit a Work Schedule, Traffic Control Plan, and acquire a Development Permit from Development Department, at 200 Texas Street. Contact Chuck McLure (817-392•- 7219). 2. The Contractor shall be responsible for the safety of pedestrians and motorists in the area of the traffic signal construction site. 3. Roads and streets shall be kept open to traffic at all times. Contractor shall arrange construction so as to close only one lane of a roadway at a time. 4. All construction operations shall be conducted to provide minimal interference to traffic. All traffic signal equipment installations shall be arranged so as to permit continuous movement of traffic in all directions at all times. 5. Contractor shall be responsible for any signage necessary during construction. 6. Unless otherwise noted, it is the contractor's responsibility to ensure that signal indications and timing are adjusted and maintained to ensure safety in work zone at all times. 7. Any traffic signal modifications during construction are subsidiary to traffic control plan (TCP) pay item. Any traffic signal modifications should be in compliance with the latest version of the Texas Manual on Uniform Traffic Control Devices (TMUTCD) and the City of Fort Worth Standards, 9. The contractor shall submit any proposed traffic signal modifications to the Traffic Signal Section for their approval ten (10) days prior to any changes. Electric Service: 1. Install the required electric services and obtain an electrical service permit in each instance, cost of which will be paid by the Contractor. 2. The electrical service shall be 100 amps with 120/240 voltage branch circuit and shall comply with City Standard Specifications and City Details as applicable per plans. Luminaires: 1. The City will not furnish luminaire material to the contractor. The Contractor shall furnish and install LED luminaires for traffic signals in accordance with the latest City Standard Specifications, City Details, and plans. 2. All new streetlight pole types shall match those of the surrounding area of Fort Worth for which they are being installed in. Contact the City Traffic Management, Street Light Section at (817) 392-7738 for direction on light pole types allowed areas. The same poles shall be consistently used throughout subdivisions. 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L Uyye LL �BB pouf �� `n I♦y Q P3 Rw ++pp �rQ k Hi4 H m U S O aw m pmp U O� 13ggpa Ulll� Tn ap � O Hui Ld & ! �a; S 'i 7�i' t ZO z 4 &� fu O Z U O Q Y SUxS m q "% Z Q W F F UZ Q _ mm inR U¢ d g U W F Z U I X a `aLd W UJ O W W NF w Q W 1 d ¢ 1 �, U i U O m O o S3RfpA � �O / � § \ � § bi 13 � \p �\ m 2 ƒE � ) d ® ` } Ir § ) ` \ ( n - / e / 1`.FR' =1.00 Federal Requirements for CDBG Funds THIS PAGE LEFT INTENTIONALLY BLANK This Addendum is hereby incorporated into the agreement by reference herein for all purposes. ADDENDUM OF FEDERAL REQUIREMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The following sections must be included in bid documents and contracts or subcontracts involving the use of federal funds. 1.01 Terms Applicable to Contractors, Subcontractors and Suppliers. Contractor understands and agrees that all terms of this Contract, whether regulatory or otherwise, shall apply to any and all Subcontractors and Suppliers of Contractor which are in any way paid with United States Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Funds or who perform any work in connection with the Work. Contractor shall cause all applicable provisions of this Contract to be included in and made a part of any contract or subcontract executed in the performance of its obligations hereunder, including if applicable its obligations regarding the CDBG Regulations, the CDBG Requirements, and the City Requirements during the Construction Period. Contractor shall monitor the services and work performed by its Subcontractors and Suppliers and Others on a regular basis for compliance, as applicable, with the CDBG Regulations, the CDBG Requirements, and the City Requirements as well as the Contract provisions. Contractor must cure all violations of the CDBG Regulations committed by its Subcontractors or Suppliers. Contractor acknowledges that the provisions of this Section shall survive the earlier termination or expiration of this Contract and be applicable for the length of the Construction Period and for 5 years thereafter. 1.02 Contractor Vendor and Subcontractor Requirements. Contractor will use commercially reasonable efforts to ensure that all Subcontractors or Suppliers utilized in the construction of the Work are appropriately licensed and such licenses are maintained throughout the construction of the Work. Contractor shall ensure that all Subcontractors or Suppliers utilized by Contractor in the construction of the Work are not debarred or suspended from performing the Contractor's. Subcontractor's or Supplier's work by the City, the State of Texas, or the Federal government. Contractor acknowledges that 24 CFR Part 85.35 forbids Contractor from hiring or continuing to employ any Subcontractor or Supplier that is listed on the Federal Excluded Parties List System for Award Management, www.sam.aov ("SAM"). Contractor must confirm by search of SAM that all Subcontractors or Suppliers are not listed as being debarred, both prior to hiring and prior to submitting a Partial Pay Estimate which includes invoices from any such Subcontractor or Supplier. Failure to submit such rp oofs of search shall be an event of default. In the event that City determines that any Subcontractor or Supplier has been debarred, suspended, or is not properly licensed, Contractor - shall immediately cause such Subcontractor or Supplier to stop work on the Work and Contractor shall not be reimbursed for any work performed by such Subcontractor or Supplier. However, this Section should not be construed to be an assumption of any responsibility or liability by City for the determination of the legitimacy, quality, ability, or good standing of any Contractor, Subcontractor or Supplier. Contractor acknowledges that the provisions of this Section P pertaining to SAM shall survive the termination of this Contract and be applicable for the length of the Construction Period. Addendum of Federal Requirements for CDBG Funds 02.28.19 (HMAC 2019-5) CDBG Street Rehabilitation Project 1 1.03 Environmental Review. Funds will not be paid, and costs cannot be incurred, until City has conducted and completed an Environmental Review Record as required by 24 CFR Part 58. The environmental review may result in a decision to proceed with, modify, or cancel the project. 1.03.01 Mitigation. If applicable, Contractor must implement mitigation actions outlined in the Environmental Review Record. Failure to complete the required mitigation action is an event of default under this Contract. 1.04 Compliance With All Applicable Laws and Regulations. Contractor agrees to comply fully with all applicable laws and regulations that are currently in effect or that are hereafter amended during the term of this Contract and throughout the Construction Period. Those laws include, but are not limited to: ➢ CDBG Regulations found in 24 CFR Part 570. ➢ Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.) ➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) including provisions requiring recipients of federal assistance to ensure meaningful access by person of limited English proficiency ➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq. ) ➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as supplemented by Department of Labor regulations 41 CFR, Part 60 ➢ The Age Discrimination in Employment Act of 1967 ➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.) ➢ The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA") ➢ Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24 CFR Part 8 where applicable ➢ National Environmental Policy Act of 1969, as amended, 42 U.S.C. sections 4321 et seq. ("NEPA") and the related authorities listed in 24 CFR Part 58. ➢ The Clean Air Act, as amended, (42 U.S.C. Sections 1251 et seq.) and the Clean Water Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.) and the related Executive Order 11738 and Environmental Protection Agency Regulations at 40 CFR Part 15. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. ➢ Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.) specifically including the provisions requiring employer verifications of legal status of its employees ➢ The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the Architectural Barriers Act of 1968 as amended (42 U.S.C. sections 4151 et seq.) and the Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A ➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement that Addendum of Federal Requirements for CDBG Funds 02.28.19 (BMAC 2019-5) CDBG Street Rehabilitation Project 2 certifications and disclosures be obtained from all covered persons ➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24 CFR Part 23, Subpart F ➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on participation by ineligible, debarred or suspended persons or entities ➢ Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act ➢ Guidelines of the Environmental Protection Agency at 40 CFR Part 247 ➢ For contracts and subgrants for construction or repair, Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in 29 CFR Part 5 ➢ For construction contracts in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers, Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 300) as supplemented by 29 CFR Part 5 ➢ Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR Part 35, subparts A, B, M, and R ➢ Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200 et seq. ➢ Federal Funding Accountability and Transparency Act of 2006, (Pub.L. 109-282, as amended by Section 6205(a) of PAL. 110-252 and Section 3 of Pub.L. 113-101) ➢ Federal Whistleblower Regulations, 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310. 1.05 HUD -Assisted Proicets and Employment and other Economic Opportunities; Section 3 Requirements. 1.05.01 Requirement that Law Be -Quoted in Covered Contracts. — Certain Requirements Pertaining to Section 3 of the Housing and Urban Development Act of 1968 as Amended (12 U.S.C._ Sections 1701 et seq.) and its Related Regulations at 24 CFR Part 135 If the construction of the Work will cause the creation of new employment, training, or contracting opportunities on a Contractor or Subcontractor level resulting from the expenditure of the CDBG Funds, Contractor shall comply with the following and will ensure that its Subcontractors also comply. If the work performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that the following clause, shown in italics, be inserted in all covered contracts ("Section 3 Clause"): Section to be quoted in covered contracts begins: `A. The work to be performed under this contract is subject to the requirements of Section 3 of Housing and Urban Development Act of 1968, as amended, 12 U.S. C. section 1701 u (Section 3). The purpose of ,Section 3 is to ensure that employment and other economic opportunities generated by HUD -assisted programs covered by Section 3, shall to the greatest extent feasible, be directed to low- and very -low income persons, Addendum of Federal Requirements for CDBG Funds 02.28.19 (HMAC 2019-5) CDBG Street Rehabilitation Project 3 particularly persons who are recipients of HUD assistance far housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers'representatives ofthe contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprentice and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees that it will include this Section 3 clause in every subcontract to comply with regulation in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 135, E. The contractor will certify that any vacant employment positions, including training positions that are filled: (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were notfilled to circumvent the contractor's obligations under 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 135. F. Noncompliance with HUD's regulation in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD -assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self - Determination and Education Assistance Act (25 U.S.C. section 450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -awned Economic Enterprises. Parties Addendum of Federal Requirements for CDBG Funds 02.28.19 (HMAC 2019-5) CDBG Street Rehabilitation Project 4 to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). " Section to be quoted in covered contracts ends. 1.05.02 Section 3 Reporting Requirements. In order to comply with the Section 3 requirements, Contractor must submit the form attached as Section 3 Summary Report (form HUD-60002) in accordance with 24 CFR fart 135.90. 1.05.02.01 Contractor must report all applicants for employment by Contractor and any Subcontractor to City on an annual basis. This shall 'include name, address, zip code, date of application, and status (hired/not-hired) as of the date of the report. 1.05.02.02 Contractor must advertise available positions to the public for open competition, and provide documentation to City with the quarterly report that demonstrates such open advertisement, in the form of printout of Texas Workforce Commission posting, copy of newspaper advertisement, copy of flyers and listing of locations where flyers were distributed, and the like. 1.05.02.03 Contractor must report all contracts awarded by Contractor and Subcontractor to City on an annual basis. This shall include name of Contractor and/or Subcontractor, address, zip code, and amount of award as of the date of the report. 1.06 Prohibition Against Discrimination. 1.06.01 General Statement. Contractor, in the execution, performance or attempted performance of this Contract, and in operation of services provided on the Property, shall comply with all non- discrimination requirements of 24 CFR 570.607 and the ordinances codified at Chapter 17, Article III, Division 4 — Fair Housing of the City Code. Contractor may not discriminate against any person because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression, or transgender, nor will Contractor permit its officers, members, agents, employees, vendors, or project participants to engage in such discrimination. This Contract is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article 111, Division 3 - Employment Practices of the City Code, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents, employees, vendors, and contractors, have fully complied with all A� provisions of same and that no employee, or applicant for employment has been discriminated against under the terms of such ordinances by either or its officers, members, agents, employees, vendors, or contractors. Addendum of Federal Requirements for CDBG Funds 02.28.19 (HMAC 2019-5) CDBG Street Rehabilitation Project 5 1.06,02 No Discrimination in Employment during the Performance of this Contract. During the performance of this Contract, Contractor agrees to the following provision, and will require for the construction of the Work that its Subcontractors and Suppliers also comply with such provision by including it in all contracts with its Subcontractors or Suppliers: Subcontractor's or Su lier's Name will not unlawfully discriminate against any employee or applicants for employment because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. [Subcontractor's or Supplier's Namel will take affirmative action to ensure that applicants are hired without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender and that employees are treated fairly during employment without regard to their race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. [Subcontractor's or Sup 1p ier's Namel agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. [Subcontractor's or Supplier's Name] will, in all solicitations or advertisements for employees placed by or on behalf of [Subcontractor's or Supplier's Namel, state that all qualified applicants will receive consideration for employment without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. [Subcontractor's or Supplier's Namel covenants that neither it nor any of its officers, members, agents, employees, or contractors, while engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age or because of any disability or perceived disability, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Subcontractor's or Su lier's Name further covenants that neither it nor its officers, members, agents, employees, contractors, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age Iimit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. 1.06.03 Contractor's Contractors and the ADA. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any of its contractors will not unlawfully Addendum of Federal Requirements for CDBG Funds 02.28.19 (HMAC 2019-5) CDBG Street Rehabilitation Project 6 Part tl: Contracts Awarded 1. Construction Contracts: A, Total dollar amount of all contracts awarded on the project $ B, Total dollar amount of contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses % D. Total number of Section 3 businesses receiving contracts 2. Non -Construction Contracts: A. Total dollar amount all non -construction contracts awarded on the projectlactivity $ B. Total dollar amount of non -construction contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses % D. Total number of Section 3 businesses receiving non -construction contracts Part III: Summary Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, toward low -and very low-income persons, particularly those who are recipients of government assistance for housing. (Check all that apply.) Attempted to recruit low-income residents through: local advertising media, signs prominently displayed at the project site, contracts with the community organizations and public or private agencies operating within the metropolitan area (or nonmetropolitan county) in which the Section 3 covered program or project is located, or similar methods. Participated in a HUD program or other program which promotes the training or employment of Section 3 residents. Participated in a HUD program or other program which promotes the award of contracts to business concems which meet the definition of Section 3 business concerns. Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located. Other; describe below. Public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB number. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u, mandates that the Department ensures that employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low- and very -low income persons, particularly those who are recipients of government assistance housing. The regulations are found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients' compliance with Section 3, to assess the results of the Department's efforts to meet the statutory objectives of Section 3, to prepare reports to Congress, and by recipients as self -monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6) of the Fair Housing Act and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB Circular A-108 are not applicable, The reporting requirements do not contain sensitive questions. Data is cumulative; personal identifying information is not included. Page 2 of 2 form HUo 60002 (1112010) Ref 24 CFR 135 Form HUD-60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low -Income Persons. Instructions: This form is to be used to report annual accomplishments regarding employment and other economic opportunities provided to low -and very low-income persons under Section 3 of the Housing and Urban Development Act of 1968, The Section 3 regulations apply to any public and Indian housing programs that receive: (1) development assistance pursuant to Section 5 of the U.S. Housing Act of 1937; (2) operating assistance pursuant to Section 9 of the U.S. Housing Act of 1937; or (3) modernization grants pursuant to Section 14 of the U,S. Housing Act of 1937 and to recipients of housing and community development assistance in excess of $200,000 expended for: (1) housing rehabilitation (including reduction and abatement of lead -based paint hazards); (2) housing construction; or (3) other public construction projects; and to contracts and subcontracts in excess of $100,000 awarded in connection with the Section-3-covered activity, Form HUD-60002 has three parts, which are to be completed for all programs covered by Section 3. Part I relates to employment and training. The recipient has the option to determine numerical employment/training goals either on the basis of the number of hours worked by new hires (columns B, D, E and F). Part 11 of the form relates to contracting, and Part ill summarizes recipients' efforts to comply with Section 3. Recipients of contractors subject to Section 3 requirements must maintain appropriate documentation to establish that HUD financial assistance for housing and community development programs were directed toward low- and very low-income persons.* A recipient of Section 3 covered assistance shall submit one copy of this report to HUD Headquarters, Office of Fair Housing and Equal Opportunity. Where the program providing assistance requires an annual performance report, this Section 3 report is to be submitted at the same time the program performance report is submitted. Where an annual performance report is not required, this Section 3 report is to be submitted by January 10 and, if the project ends before December 31, within 10 days of project completion. Only Prime Recipients are required to report to HUD. The report must include accomplishments of all recipients and their Section 3 covered contractors and subcontractors, HUD Field Office: Enter the Field Office name, 1. Recipient: Enter the name and address of the recipient submitting this report. 2. Federal Identification; Enter the number that appears on the award form (with dashes). The award may be a grant, cooperative agreement or contract. 3. Dollar Amount of Award: Enter the dollar amount, rounded to the nearest dollar, received by the recipient. 4 & S. Contact Person/Phone; Enter the name and telephone number of the person with knowledge of the award and the recipient's implementation of Section 3. 6. Reporting Period: Indicate the time period (months and year) this report covers. 7. Date Report Submitted: Enter the appropriate date. Submit one (1) copy of this report to the HUD Headquarters Office of Fair Housing and Equal Opportunity, at the same time the performance report is submitted to the program office. The Section 3 report is submitted by January 10. Include only contracts executed during the period specified in item 8. PHAsi1HAs are to report all cont ra ctsls u b contfa cts. * The terms "low-income persons' and very low-income persons" have the same meanings given the terms in section 3 (b) (2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that 8, Program Gode: Enter the appropriate program code as listed at the bottom of the page. 9, program Name: Enter the name of HUD Program corresponding with the "Program Code' in number 8. Part 1: Employment and Training Opportunities Column A: Contains various job categories. Professionals are defined as people who have special knowledge of an occupation (i.e. supervisors, architects, surveyors, planners, and computer programmers). For construction positions, list each trade and provide data in columns B through F for each trade where persons were employed, The category of "Other' includes occupations such as service workers. Column B: (Mandatory Field) Enter the number of new hires for each category of workers identified in Column A in connection with this award. New hire refers to a person who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column C: (Mandatory Field) Enter the number of Section 3 new hires for each category of workers identified in Column A in connection with this award. Section 3 new hire refers to a Section 3 resident who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column D: Enter the percentage of all the staff hours of new hires (Section 3 residents) in connection with this award. Column E: Enter the percentage of the total staff hours worked for Section 3 employees and trainees (including new hires) connected with this award. Include staff hours for part-time and full-time positions. Column F: (Mandatory Field) Enter the number of Section 3 residents that were trained in connection with this award. Part II: Contract Opportunities Block 1: Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the projectiprogram. Item H: Enter the total dollar amount of contracts connected with this project/program that were awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D; Enter the number of Section 3 businesses receiving awards, Block 2: Non -Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the projectlprogram. Item B: Enter the total dollar amount of contracts connected with this project awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this projecttprogram awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Part III: Summary of Efforts — Self -explanatory The Secretary may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high- or low-income families. Very low-income persons mean low-income families (including single persons) whose incomes do not exceed 50 percent of the median family income area, as determined by the Secretary with adjustments or smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. 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Y`6 O� UAW `3 q U 6 0 Lm n C O m O Ep P taw Z& . 9�C m W 0❑�C/ ] OOO UW sQCmm s�m�a om -zL.�c°nlXa .ymo r3om' ' a Z o c Ea s �R�wco-' Mlp3 dr o�Eac cN 'woaCm'nm` }wT= ra'Cawm mcCmmcd mom n .22P n•yma' rn L c E a-cd`E�- v mLcmma` �E m m T a E= o O O sN a 3m u m Z v 0N~O E UY N•u [un m M 8 a ro`E c s gU L m s nc cL on pmI- ci U (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination Incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (M) The contractor or subcontractor shall make the records required under subparagraph A,3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 6.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (H) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ',to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate Specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by Previous editions are obsolete form HUD-4010 (0612009) Page 3 of 5 ref. Handbook 1344.1 the Fmployment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ill) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12, B. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (M) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C„ "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of . . . influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. Previous editions are obsolete form HUD-4010 (0612009) Page 4 of 5 ref. Handbook 1344.1 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et sea. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete form HUD-4010 (0612009) Page 5 of 5 ref. Handbook 1344.1 r%uLN T°�, U.S. department of Housing x and Urban Development k" Labor Relations Desk Guide a,rtti LR01.DG January 2012 Previous versions obsolete wrRODUCTION This Guide has been prepared for you as a contractor performing work on construction projects that are assisted by the Department of Housing and Urban Development and subject to Davis - Bacon prevailing wage requirements. This Guide does not address contractor requirements involved in direct Federal contracting where HUD or another Federal agency enters into a procurement contract. In this latter case, the Federal Acquisition Regulations (FAR) are appli- cable. While the guidance contained in this Guide is generally applicable to any Davis -Bacon covered project, specific questions pertaining to direct Federal contracts should be addressed to the Contracting Officer who signed the contract for the Federal agency. Our objective here is to provide you with a guide which is simple and non -bureaucratic yet comprehensive and which will help you letter understand and comply with Davis -Bacon labor standards. HUD's Office of Labor Relations worked closely with the Department of Labor's Wage and Hour Division to make sure that the labor standards provisions in your contract and the specifics of complying with them represent the latest information. It is the Department of Labor which has general administrative oversight of all Federal contracting agencies, such as HUD, which administer the day-to-day responsibilities of enforcing Davis -Bacon provisions in construction contracts they either fund or assist in funding. There are three chapters in this Guide. The first chapter offers a brief description of the laws and regulations associated with Federal labor standards administration and enforcement and discusses both what's in your contract that requires Davis -Bacon compliance and your respon- sibilities. The second chapter deals with labor standards and payroll reporting requirements. The third chapter discusses what can happen in the event there is a dispute about the wage rates that should be (or have been) paid and any back wages that may be due. Finally, not all HUD construction projects are covered by Davis -Bacon wage rates. For the pur- pose of this Guide, we are assuming that a determination has already been made that Davis - Bacon wage rates are applicable. Should you wish assistance in determining whether Davis - Bacon wage rates apply to a particular project or if you need other related technical assistance, please consult with the HUD Labor Relations Field staff for your area. If you don't know which staff to contact, a list of Labor Relations field offices and their geographic areas and telephone numbers can be found on HUD's Home Page at the address below. Visit the Office of Labor Relations online: htip_,#wwrn _hud.govA ffacesfolr Obtain additional copies of this Guide and other publications at our website or by telephone from HUD's Customer Service Center at (800)767-7468. 1ABLE M COM`I-k NTS INTRODUCTION.......................................................................... i ................................. CHAPTNR °I LAWS, REGULATIONS, CONTRACTS AND RESPONSIBILITIES.. ............................................................... 1-1 1-1 DAVIS-BACON AND OTHER LABOR LAWS . ....................................................... 1-1 a. The Davis -Bacon Act (DBA)...............................................................................1-1 b. The Contract Work Hours and Safety Standards Act (CWHSSA)......................1-1 c. The Copeland Act (Anti -Kickback Act)............................................................. ...1-2 d. The Fair Labor Standards Act (FLSA)................................................................1 -2 1-2 DAVIS-BACON REGULATIONS.............................................................................1-2 1-3 CONSTRUCTION CONTRACT PROVISIONS.......................................................1-2 1-4 RESPONSIBILITY OF THE PRINCIPAL CONTRACTOR......................................1-3 1-5 RESPONSIBILITY OF THE CONTRACT ADMINISTRATOR.................................1-4 CHAPTER 2 HOW TO COMPLY WITH LABOR STANDARDS AND PAYROLL REPORTING REQUIREMENTS.............................2-1 SECTION A I THE BASICS 2-1 THE WAGE DECISION...........................................................................................2-1 a. The work classifications and wage rates............................................................2-1 b. Posting the wage decision ........ .......................................................................... 2-2 2-2 ADDITIONAL "TRADE" CLASSIFICATIONS AND MACE RATES.......................2-2 a. Additional classification rules.............................................................................2-2 b. Making the request.............................................................................................2-3 c. HUD review........................................................................................................2-3 d. DOL decision......................................................................................................2-3 2-3 CERTIFIED PAYROLL REPORTS..........................................................................2-4 a. Payroll formats...................................................................................................2-4 b. Payroll certifications.................................................... ...2-4 .................................... c. "No work" payrolls..............................................................................................2-4 d. Payroll review and submission.............................................................. ............. 2-5 e. Payroll retention.................................................................................................2-5 f. Payroll inspection...............................................................................................2-5 2-4 DAVIS-BACON DEFINITIONS .................................... ...... ...................................... 2-5 a. Laborer or mechanic..........................................................................................2-5 b. Employee...........................................................................................................2-6 c. Apprentices and trainees....................................................................................2-6 d. Prevailing wages or wage rates.........................................................................2-7 e. Fringe benefits............................................................... .._....... ......................... 2-7 f. Overtime............................................................................................................. 2-7 g. Deductions ............................................ ............................................................. 2-8 h. Proper designation of trade................................................................................2-8 i. Site of work .............. ........................................................................................... 2-8 SECTION -11 REPORTING REQUIREMENT 2-5 COMPLETING A PAYROLL REPORT....................................................................2-9 a. Project and contractor/subcontractor information...............................................2-9 b. Employee information.........................................................................................2-9 c. Work classification..............................................................................................2-9 d. Hours worked......................................................... ...2-10 e. Rate of pay.........................................................................................................2-10 f. Gross wages earned ........... ............................................................................... 2-10 g. Deductions ...................................... ...2-11 h. Net pay...............................................................................................................2-11 i. Statement of compliance .................................... ............................ .................... 2-11 j. Signature ............. ............................................................................................... 2-11 SECTION III - PAYROLL REVIEWS AND CORRECTIONS 2-6 COMPLIANCE REVIEWS....................................................................................... 2-12 a. On -site interviews...............................................................................................2-12 b. Project payroll reviews.......................................................................................2-12 2-7 TYPICAL PAYROLL ERRORS AND REQUIRED CORRECTIONS .......................2-12 a. Inadequate payroll information...........................................................................2-12 b. Missing identification numbers...........................................................................2-12 c. Incomplete payrolls ....................... ..................................................................... 2-13 d. Classifications....................................................................................................2-13 e. Wage Rates........................................................................................................2-13 f. Apprentices and trainees .............................. .................. .................................... 2-13 g. Overtime............................................................................................................. 2-13 h. Computations.....................................................................................................2-13 i. Deductions.........................................................................................................2-13 j. Fringe benefits.................................................................................... .............2-14 k. Signature ................................... ........................................................ ................. 2-14 I. On -site interview comparisons........................................................................... 2-14 m. Correction certified payroll..................................................................................2-14 2-8 RESTITUTION FOR UNDERPAYMENT OF WAGES.............................................2-14 a. Notification..........................................................................................................2-14 b. Computing wage restitution ............................................... ........ ........ ................. 2-15 c. Correction certified payrolls ...................... d. Review of correction CPR..................................................................................2-15 e. Unfound workers................................................................................................2-15 iv CHAPTER 3 LABOR STANDARDS DISPUTES, ADMINISTRATIVE REVIEWS, WITHHOLDING, DEPOSITS AND ESCROW ACCOUNTS, AND SANCTIONS.......................................................3-1 3-1 INTRODUCTION..... ..................................... ........................... ................3-1 ............... 3-2 ADMINISTRATIVE REVIEW ON LABOR STANDARDS DISPUTES .....................3-1 a. Additional classifications and wage rates ........................................... ................ 3-1 b. Findings of underpayment ................. 3-3 WITHHOLDING .......................................................................................................3-2 3-4 DEPOSITS AND ESCROWS..................................................................................3-3 3-5 ADMINISTRATIVE SANCTIONS............................................................... ............. 3-4 a. DOL debarment..................................................................................................3-4 b. HUD sanctions...................................................................................................3-4 3-6 FALSIFICATION OF CERTIFIED PAYROLL REPORTS........................................3-5 APPk NDICIES ACRONYMS AND SYMBOLS...........................................................................................A-1 DAVIS-BACON - RELATED WEB SITES* ............... .........A-2 HUD-4720, Project Wage Rate Sheet..............................................................................A-3 WH-347, Payroll Form/Statement of Compliance ................................. ...A-4 v CHAPTER I LAWS, REGULATIONS, CO,+ TRAGI S AND R SPOOSIHILITIFS The following paragraphs describe what the labor standards laws and regulations actually say and what they mean to you on HUD projects: 1-1 DAVIS-BACON AND OTHER LABOR LAWS. a. The Davis -Bacon Act (DB& The Davis -Bacon Act requires the payment of prevailing wage rates (which are determined by the U.S. Department of Labor) to all laborers and mechanics on Federal government and District of Columbia construction projects in excess of $2,000. Construction includes alteration and/or repair, including painting and decorating, of public buildings or public works. Most HUD construction work is not covered by the DBA itself since HUD seldom contracts directly for construction services. Most often, if Davis -Bacon wage rates apply to a HUD project it is because of a labor provision contained in one of HUD's "Related Acts" such as the U. S. Housing Act of 1937, the National Housing Act, the Housing and Community Development Act of 1974, the National Affordable Housing Act of 1990, and the Native American Housing Assistance and Self -Determination Act of 1996. The Related Acts are often referred to as the Davis -Bacon and Related Acts or DBRA. b. The Contract Work Hours and Safety Standards Act (CWHSSA). CWHSSA requires time and one-half pay for overtime (O/T) hours (over 40 in any workweek) worked on the covered project. The CWHSSA applies to both direct Federal contracts and to indirect Federally -assisted contracts except where the assistance is solely in the nature of a loan guarantee or insurance. CWHSSA violations carry a liquidated damages penalty ($10/day per violation). Intentional violations of CWHSSA standards can be considered for Federal criminal prosecution. CWHSSA does not apply to prime contracts of $100,000 or iess. In addition, some HUD projects are not covered by CWHSSA because some HUD programs only provide loan guarantees or insurance. CWHSSA also does not apply to construction or rehabilitation contracts that are not subject to Federal prevailing wage rates (e.g., Davis -Bacon wage rates, or HUD -determined rates for operation of public housing and Indian block grant - assisted housing). However, even though CWHSSA overtime pay is not required, Fair Labor Standards Act (FLSA) overtime pay is probably still applicable. (See also Labor Relations Letter SL-95-01, CWHSSA Coverage threshold for overtime and health and safety provision, available on-line at the HUD Labor Relations Library at: www.hud.gov/ offices/o l r/l i b ra ry. cfm ) 1-1 c. The Copeland Act (Anti -Kickback Acts The Copeland Act makes it a Federal crime for anyone to require any laborer or mechanic (employed on a Federal or Federally - assisted project) to kickback (i.e., give up or pay back) any part of their wages. The Copeland Act requires every employer (contractors and subcontractors) to submit weekly certified payroll reports (CPRs) and regulates permissible payroll deductions. d. The Fair Labor Standards Act (FLSA]. The FLSA contains Federal minimum wage rates, overtime (O/T), and child labor requirements. These requirements generally apply to any labor performed. The DOL has the authority to administer and enforce FLSA. HUD will refer to the DOL any possible FLSA violations that are found on HUD projects. 1-2 DAVIS-BACON IREGULN'riONS. The Department of Labor (DOL) has published rules and instructions concerning Davis -Bacon and other labor laws in the Code of Federal Regulations (CFR). These regulations can be found in Tide 29 CFR Parts 1, 3, 5, 6 and 7. Part 1 explains how the DOL establishes and publishes DBA wage determinations (aka wage decisions) and provides instructions on how to use the determinations. Part 3 describes Copeland Act requirements for payroll deductions and the submission of weekly certified payroll reports. Part 5 covers the labor standards provisions that are in your contract relating to Davis - Bacon Act wage rates and the responsibilities of contractors and contracting agencies to administer and enforce the provisions. Part 6 provides for administrative proceedings enforcing Federal labor standards on construction and service contracts. Last, Part 7 sets parameters for practice before the Administrative Review Board. These regulations are used as the basis for administering and enforcing the laws. LhttpDOL Regulations are available on-line on the World Wide Web: :/1www.dol.govIdol/allcfr/Title-29. htm 1-3 CONSTRUCTION CONTRACT PROVISIONS Each contract subject to Davis -Bacon labor standards requirements must contain labor standards clauses and a Davis -Bacon wage decision. These documents are normally bound into the contract specifications. a. The labor standards clauses. The labor standards clauses describe the responsibilities of the contractor concerning Davis -Bacon wages and obligate the contractor to comply with the labor requirements. The labor standards clauses also provide for remedies in the event of violations, including withholding from payments due to the contractor to ensure the payment of wages or liquidated damages which may be found due. These contract clauses enable the contract administrator to enforce the Federal labor standards applicable to the project. HUD has standard forms that contain contract clauses. For example, the HUD-2554, Supplementary Conditions to the Contract for Construction, which is issued primarily for FHA multifamily housing and other construction projects 1--2 administered by HUD; the HUD-4010, Federal Labor Standards Provisions, which is used for CDBG and HOME projects, and the HUD-5370, General Conditions of the Contract for Construction or the HUD-5370-EZ (construction contracts :5$100,000) which are used for Public and Indian Housing projects. HUD program labor standards forms are available on-line at: www.hud.gov/offices/adm/hudclips/index.cfm b. Davis -Bacon Wage Decisions. The Davis -Bacon wage decision (or wage determination) is a listing of various construction work classifications, such as Carpenter, Electrician, Plumber and Laborer, and the minimum wage rates (and fringe benefits, where prevailing) that people performing work in those classifications must be paid. Davis -Bacon wage decisions are established by the DOL for various types of construction (e.g., residential, heavy, highway) and apply to specific geographic areas, usually a county or group of counties. Wage decisions are modified from time to time to keep them current. In most cases, when the contract is awarded or when construction begins, the wage decision is "locked -in" and no future modifications are applicable to the contract or project involved. All current Davis -Bacon wage decisions can be accessed on-line at no cost at: http://www.wdol.gov 1-4 RESPONSIBILITY OF THE PRINCIPAL CONTRACTOR The principal contractor (also referred to as the prime or general contractor) is responsible for the full compliance of all employers (the contractor, subcontractors and any lower -tier subcontractors) with the labor standards provisions applicable to the project. Because of the contractual relationship between a prime contractor and his/her subcontractors, subcontractors generally should communicate with the contract administrator only through the prime contractor. (See Contract Administrator, below.) To make this Guide easier to understand, the principal contractor; "subcontractor" will mean term "prime contractor" will mean the all subcontractors including lower -tier subcontractors; and the term "employer' will mean all contractors as a group, including the prime contractor and any subcontractors and lower -tier subcontractors. 1-3 1-5 RESPONSIBILITY OF THE CONTRACT ADMINISTRATOR. The contract administrator is responsible for the proper administration and enforcement of the Federal labor standards provisions on contracts covered by Davis -Bacon requirements. We use this term to represent the person (or persons) who will provide labor standards advice and support to you and other project principals (e.g., the owner, sponsor, architect), including providing the proper Davis -Bacon wage decision (see 2-1, The Wage Decision) and ensuring that the wage decision and contract clauses are incorporated into the contract for construction. The contract administrator also monitors labor standards compliance (see 2-6, Compliance Reviews) by conducting interviews with construction workers at the job site and reviewing payroll reports, and oversees any enforcement actions that may be required. The contract administrator could be an employee or agent of HUD, or of a city or county or public housing agency. For HUD projects administered directly by HUD staff, usually FHA - insured multifamily projects, the contract administrator will be the HUD Labor Relations field staff. But many HUD -assisted projects are administered by local contracting agencies such as Public Housing Agencies (PHAs), Indian tribes and tribally -designated housing entities (TDHEs), and States, cities and counties under HUD's Community Development Block Grant (CDBG) and HOME programs. In these cases, the contract administrator will likely be local agency staff. In either case, the guidance for you remains essentially the same. The DOL also has a role in monitoring Davis -Bacon administration and enforcement. In addition, DOL has independent authority to conduct investigations. A DOL investigator or other DOL representative may visit Davis -Bacon construction sites to interview construction workers or review payroll information. 1-4 O:IAPTF—R 2 HOW TO C 0.1U& f-.Y WITH LABOR STAVAIDARDS WHERE TO START? Now that you know you're on a Davis -Bacon project and you know some of the legal and practical implications, what's next? SECTION I - THE BASICS 2-1 THE WAGE DECISION. Davis -Bacon labor standards stipulate the wage payment requirements for Carpenters, Electricians, Plumbers, Roofers, Laborers, and other construction work classifications that may be needed for the project. The Davis -Bacon wage decision that applies to the project contains a schedule of work classifications and wage rates that must be followed. If you don't have it already (and by now you should), you'll want to get a copy of the applicable Davis -Bacon wage decision. Remember, the wage decision is contained in the contract specifications along with the labor standards clauses. See 1-3, Construction Contract Provisions. a. The work classifications and wage rates. A Davis -Bacon wage decision is simply a listing of different work classifications and the minimum wage rates that must be paid to anyone performing work in those classifications. You'll want to make sure that the work classifrcation(s) you need are contained in the wage decision and make certain you know exactly what wage rate(s) you will need to pay. Some wage decisions cover several counties and/or types of construction work (for example, residential and commercial work) and can be lengthy and difficult to read. Contact the contract administrator (HUD Labor Relations field staff or local agency staff) if you have any trouble reading the wage decision or finding the work classifications) you need. To make reading lengthy wage decisions easier for you, the contract administrator may prepare a Project Wage Rate Sheet (HUD-4720). This Sheet is a one -page transcript that will show only the classifications and wage rates for a particular project. A blank copy of a Project Wage Rate Sheet is provided for you in the appendix. Also, a fillable version of this form is available on-line at HUDClips (see web address in the Appendix). Contact the contract administrator monitoring your project for assistance with a Project Wage Rate Sheet. 2-1 b. Posting_ the wage decision. If you are the prime contractor, you will be responsible for posting a copy of the wage decision (or the Project Wage Rate Sheet) and a copy of the DOL Davis -Bacon poster titled Employee Rights under the Davis -Bacon Act (Form WH- 1321) at the job site in a place that is easily accessible to all of the construction workers employed at the project and where the wage decision and poster won't be destroyed by wind or rain, etc. The Employee Rights under the Davis -Bacon Act poster is available in English and Spanish on-line at HUDCIips (see address in the Appendix). The Employee Rights under the Davis -Bacon Act poster (WH-1321) replaces the Notice to all Employees. The new poster is available in English and Spanish on-line at HUDCIips (see address in the Appendix). 2-2 ADDITIONAL "TRADE" CLASSIFICATIONS AND WAGE RATES. What if the work classification you need isn't on the wage decision? If the work classification(s) that you need doesn't appear on the wage decision, you will need to request an additional classification and wage rate. This process is usually very simple and you'll want to start the request right away. Basically, you identify the classification you need and recommend a wage rate for DOL to approve for the project. There are a few rules about additional classifications; you'll find these rules in the DOL regulations, Part 5, and in the labor clauses in your contract. The rules are summarized for you here: a. Additional classification rules. Additional classifications and wage rates can be approved if: 1. The requested classification is used by construction contractors in the area of the project. (The area is usually defined as the county where the project is located). 2. The work that will be performed by the requested classification is not already performed by another classification that is already on the wage decision. (In other words, if there already is an Electrician classification and wage rate on the wage decision you can't request another Electrician classification and rate.) 3. The proposed wage rate for the requested classification "fits" with the other wage rates already on the wage decision. (For example, the wage rate proposed for a trade classification such as Electrician must be at least as much as the lowest wage rate for other trade classifications already contained in the wage decision.) And, 4. The workers that will be employed in the added classification (if it is known who the workers are/will be), or the workers' representatives, must agree with the proposed wage rate. 2-2 b. Makina the request. A request for additional classification and wage rate must be made in writing through the contract administrator. (if the contract administrator is a local agency, the agency will send the request to the HUD Labor Relations staff.) If you are a subcontractor, your request should also go through the prime contractor. All you need to do is identify the work classification that is missing and recommend a wage rate (usually the rate that employer is already paying to the employees performing the work) for that classification. You may also need to describe the work that the new classification will perform. c. HUD review. The HUD Labor Relations field staff will review the requested classification and wage rate to determine whether the request meets the DOL rules outlined in paragraph 2-2(a), above. If additional information or clarification is needed, the staff will contact the prime contractor (or contract administrator for local agency projects) for more information, etc. If the Labor Relations review finds that the request meets the rules, the staff will give preliminary approval on the request and refer it to the DOL for final approval. The staff will send to you a copy of the preliminary approval/referral letter to the DOL. If the HUD Labor Relations staff doesn't think the request meets the rules and if agreement can't be reached on the proper classification or wage rate for the work described, the HUD Labor Relations staff will not approve the request. In this case, the staff will send your request to the DOL with an explanation why HUD believes that the request shouldn't be approved. The DOL still has final decision authority. You will receive a copy of the disapproval/referral letter to the DOL. d. DOL decision. The DOL will respond to HUD Labor Relations in writing about the additional classification and wage rate request. HUD Labor Relations will notify you of the DOL decision in writing. If the DOL approves the request, the prime contractor must post the approval notice on the job site with the wage decision. If the DOL does not approve the request, you will be notified about what classification and wage rate should be used for the work in question. You will also receive instructions about how to ask for DOL reconsideration if you still want to try to get your recommendation approved. It's always a good idea to talk to the contract administrator before submitting an additional classification and wage rate request. The contract administrator can offer suggestions and advice that may save you time and increase the likelihood that DOL will approve your request. Usually, the contract administrator can give you an idea about what the DOL will finally decide. 2-3 2-3 CERTIFIED PAYROLL REPORTS. You'll need to submit a weekly certified payroll report (CPR) beginning with the first week that your company works on the project and for every week afterward until your firm has completed its work. It's always a good idea to number the payroll reports beginning with #1 and to clearly mark your last payroll for the project "Final." a. Payroll formats. The easiest form to use is DOL's WH-347, Payroll. A sample copy of the WH-347 is included in the back of this Guide. You may access a fillable version of the WH-347 on-line at HUDClips (see web address in the Appendix). Also, the contract administrator can provide a few copies of the WH-347 that you can reproduce. You are not required to use Payroll form WH-347. You are welcome to use any other type of payroll, such as computerized formats, as long as it contains all of the information that is required on the WH-347. b. Payroll certifications. The weekly payrolls are called certified because each payroll is signed and contains language certifying that the information is true and correct. The payroll certification language is on the reverse side of the WH-347. If you are using another type of payroll format you may attach the certification from the back of the WH- 347, or any other format which contains the same certification language on the WH-347 (reverse) . DOL's website has Payroll Instructions and the Payroll form WH-347 in a °fillable" PDF format at this address: www.dol.gov/whd/forms/wh347.pdf c. "No work" payrolls. "No work" payrolls may be submitted whenever there is a temporary break in your work on the project, for example, if your firm is not needed on the project right now but you will be returning to the job in a couple of weeks. (See tip box, for "no work" payroll exemption!) However, if you know that your firm will not be working on the project for an extended period of time, you may wish to send a short note to the contract administrator to let them know about the break in work and to give an approximate date when your firm will return to the project. If you number payrolls consecutively or if you send a note, you do not need to send "no work" payrolls. If you number your payroll reports consecutively, you do not need to submit "no work" payrolls! 2-4 d. Payroll review and submission. The prime contractor should review each subcontractor's payroll reports for compliance prior to submitting the reports to the contract administrator. Remember, the prime contractor is responsible for the full compliance of all subcontractors on the contract and will be held accountable for any wage restitution that may be found due to any laborer or mechanic that is underpaid and for any liquidated damages that may be assessed for overtime violations. All of the payroll reports for any project must be submitted to the contract administrator through the prime contractor. An alert prime contractor that reviews subcontractor payroll submissions can detect any misunderstandings early, prevent costly underpayments and protect itself from financial loss should underpayments occur. e. Payroll retention. Every contractor (including every subcontractor) must keep a complete set of their own payrolls and other basic records such as employee addresses and full SSNs, time cards, tax records, evidence of fringe benefit payments, for a Davis -Bacon project for at least 3 years after the project is completed. The prime contractor must keep a complete set of all of the payrolls for every contractor (including subcontractors) for at least 3 years after completion of the project. Payroll inspection. In. addition to submitting payrolls to the contract administrator, every contractor (including subcontractors) must make their own copy of the payrolls and other basic records available for review or copying to any authorized representative from HUD or from DOL. 2-4 DAVIS-BACON DEFINITIONS. Before we discuss how to complete the weekly payroll forms, we need to review a couple of definitions. These definitions can help you understand what will be required of you: a. Laborer or mechanic. "Laborers" and "mechanics" mean anyone who is performing construction work on the project, including tradejourneymen (carpenters, plumbers, sheet metal workers, etc.), apprentices, and trainees and, for CWHSSA purposes, watchmen and guards. "Laborers" and "mechanics" are the two groups of workers that must be paid not less than Davis -Bacon wage rates. Working foremen. Foremen or supervisors that regularly spend more than 20% of their time performing construction work and do not meet the exclusions in paragraph 2 below are covered "laborers" and "mechanics" for labor standards purposes for the time spent performing construction work. 2. Exclusions. People whose duties are primarily administrative, executive or clerical are not laborers or mechanics. Examples include superintendents, office staff, timekeepers, messengers, etc. (Contact the contract administrator if you have any questions about whether a particular employee is excluded.) 2-5 b. Employee. Every person who performs the work of a laborer or mechanic is "employed" regardless of any contractual relationship which may be alleged to exist between a contractor or subcontractor and such person. This means that even if there is a contract between a contractor and a worker, the contractor must make sure that the worker is paid at least as much as the wage rate on the wage decision for the classification of work they perform. Note that there are no exceptions to the prevailing wage requirements for relatives or for self-employed laborers and mechanics. For more information about working subcontractors, ask the contract administrator or your HUD Labor Relations Field Staff for a copy of Labor Relations Letter LR-96-01, Labor standards compliance requirements for self-employed laborers and mechanics. Labor Relations Letters and other helpful Labor Relations publications are available at HUD's Labor Relations web site (see the list of web site addresses in the Appendix). c. Apprentices and trainees. The only workers who can be paid less than the wage rate on the wage decision fortheirwork classification are "apprentices" and "trainees" registered in approved apprenticeship or training programs. Approved programs are those which have been registered with the DOL or a DOL-recognized State Apprenticeship Council (SAC). Apprentices and trainees are paid wage rates in accordance with the wage schedule in the approved program. Most often, the apprentice/trainee wage rate is expressed as a series of percentages tied to the amount of time spent in the program. For example, 0-6 months: 65%; 6 months - 1 year: 70%; etc. The percentage is applied to the journeyman's wage rate. On Davis - Bacon projects, the percentage must be applied to the journeyman's wage rate on the applicable wage decision for that craft. 1. Probationary apprentice. A"probationary apprentice" can be paid as an apprentice (less than the rate on the wage decision) if the DOL or SAC has certified that the person is eligible for probationary employment as an apprentice. 2. Pre -apprentice. A "pre -apprentice", that is, someone who is not registered in a program and who hasn't been DOL- or SAC -certified for probationary apprenticeship is not considered to be an "apprentice" and must be paid the full journeyman's rate on the wage decision for the classification of work they perform. 3. Ratio of apprentices and trainees to journeymen. The maximum number of apprentices or trainees that you can use on the job site cannot exceed the ratio of apprentices or trainees to journeymen allowed in the approved program. 2-6 d. (Prevailing wages or wage rates. Prevailing wage rates are the wage rates listed on the wage decision for the project. The wage decision will list a minimum basic hourly rate of pay for each work classification. Some wage decisions include fringe benefits which are usually listed as an hourly fringe rate. If the wage decision includes a fringe benefit rate for a classification, you will need to add the fringe benefit rate to the basic hourly rate unless you provide bona fide fringe benefits for your employees. 1. Piece -work. Some employees are hired on a piece -work basis, that is, the employee's earnings are determined by a factor of work produced. For example, a Drywall Hanger's earnings may be calculated based upon the square feet of sheetrock actually hung, a Painter's earnings may be based upon the number of units painted. Employers may calculate weekly earnings based upon piece rates provided the weekly earnings are sufficient to satisfy the wage rate requirement based upon actual hours, including any overtime, worked. Accurate time records must be maintained for any piece -work employees. If the weekly piece rate earnings are not sufficient, the employer must recompute weekly earnings based upon the actual hours worked and the rate on the wage decision for the work classification(s) involved. e. Fringe benefits Fringe benefits can include health insurance premiums, retirement contributions, life insurance, vacation and other paid leave as well as some contributions to training funds. Fringe benefits do not include employer payments or contributions required by other Federal, State or local laws, such as the employer's contribution to Social Security or some disability insurance payments. Note that the total hourly wage rate paid to any laborer or mechanic (basic wage or basic wage plus fringe benefits) may be no less than the total wage rate (basic wage or basic wage plus fringe benefits) on the wage decision for their craft. If the value of the fringe benefit(s) you provide is less than the fringe benefit rate on the wage decision, you will need to add the balance of the wage decision fringe benefit rate to the basic rate paid to the employee. For example, if the wage decision requires $19/hour basic rate plus $51 hour fringe benefits, you must pay no less than that total ($15/hour) in the basic rate or basic rate plus whatever fringe benefit you may provide. You can meet this obligation in several ways: you could pay the base wage and fringe benefits as stated in the wage decision, or you could pay $15 in base wage with no fringe benefits, or you could pay $12 basic plus $3 fringe benefits. You can also off -set the amount of the base wage if you pay more in fringe benefits such as by paying or $9 basic plus $6 fringe benefits; as long as you meet the total amount. The amount of the base wage that you may off -set with fringe benefits is limited by certain IRS and FLSA requirements. f. Overtime. Overtime hours are defined as all hours worked on the contract in excess of 40 hours in any work week. Overtime hours must be paid at no less than one and one- half times the regular rate of basic pay plus the straight -time rate of any required fringe benefits. 2-7 g. Deductions. You may make payroll deductions as permitted by DOL Regulations 29 CFR Part 3. These regulations prohibit the employer from requiring employees to "kick -back" (i.e., give up) any of their earnings. Allowable deductions which do not require prior DOL permission include employee obligations for income taxes, Social Security payments, insurance premiums, retirement, savings accounts, and any other legally -permissible deduction authorized by the employee. Deductions may also be made for payments on judgments and other financial obligations legally imposed against the employee. Referring, again, to our example above where the wage decision requiring a $15 total wage obligation ($10 basic wage plus $5 fringe benefits) was met by paying $9 base wage plus $6 fringe benefits: Note that overtime rates must be based on one and one-half times the basic rate as stated on the wage decision. In the above example, the employer must pay for overtime: $15/hr ($9 basic f $6 fringe) plus $5 (one-half of $10, the wage decision basic rate) for a total of $20 per hour. h. Proper designation of trade. You must select a work classification on the wage decision for each worker based on the actual type of work he/she performed and you must pay each worker no less than the wage rate on the wage decision for that classification regardless of their level of skill. In other words, if someone is performing carpentry work on the project, they must be paid no less than the wage rate on the wage decision for Carpenters even if they aren't considered by you to be fully trained as a Carpenter. Remember, the only people who can be paid less than the rate for their craft are apprentices and trainees registered in approved programs. Split -classification. if you have employees that perform work in more than one trade during a work week, you can pay the wage rates specified for each classification in which work was performed only if you maintain accurate time records showing the amount of time spent in each classification of work. If you do not maintain accurate time records, you must pay these employees the highest wage rate of all of the classifications of work performed. Site of work. The "site of work" is where the Davis -Bacon wage rates apply. Usually, this means the boundaries of the project. "Site of work" can also include other adjacent or virtually adjacent property used by a contractor or subcontractor in the construction of the project, like a fabrication site that is dedicated exclusively, or nearly so, to the project. SECTION II - REPORTING REQUIREMENTS 2-5 COMPLETING A PAYROLL REPORT. What information has to be reported on the payroll form? The weekly payroll form doesn't ask for any information that you don't already need to keep for wage payment and tax purposes. For example, you need to know each employee's name; his or her work classification (who is working for you and what do they do?), the hours worked during the week, his or her rate of pay, the gross amount earned (how much did they earn?), the amounts of any deductions for taxes, etc., and the net amount paid (how much should the paycheck be made out for?). No more information than you need to know in order to manage your work crew and make certain they are paid properly. And, certainly, no more information than you need to keep for IRS, Social Security and other tax and employment purposes. [7Formany contractors, the Weekly Certified Payroll is the only Davis -Bacon paperwork d to submit! You are required to submit certified payrolls to illustrate and document that you have .complied with the prevailing wage requirements. The purpose of the contract administrator's review of your payrolls is to verify your compliance. Clearer and complete payroll reports will permit the contract administrator to complete reviews of your payroll reports quickly. a. Project and contractor/subcontractor information. Each payroll must identify the contractor or subcontractor's name and address, the project name and number, and the week ending date. Indicate the week dates in the spaces provided. Numbering payrolls is optional but strongly recommended. b. Employee information. Effective January 18, 2009, payrolls shall not report employee addresses or full Social Security Numbers (SSNs). Instead, the first payroll on which each employee appears shall include the employee's name and an individually identifying number, usually the last 4 digits of the employee's SSN. Afterward, the identifying number does not need to be reported unless it is necessary to distinguish between employees, e.g., if two employees have the same name. Employers (prime contractors and subcontractors) must maintain the current address and full SSN for each employee and must provide this information upon request to the contracting agency or other authorized representative responsible for federal labor standards compliance monitoring. Prime contractors may require a subcontractor(s) to provide this information for the prime contractor's records. DOI_ has modified form WH- 347, Payroll, to accommodate these reporting requirements. c. 18fork classification. Each employee must be classified in accordance with the wage decision based on the type of work they actually perform. 2-9 1. Apprentices or trainees. The first payroll on which any apprentice or trainee appears must be accompanied by a copy of that apprentice's or trainee's registration in a registered or approved program. A copy of the portions of the registered or approved program pertaining to the wage rates and ratios shall also accompany the first payroll on which the first apprentice or trainee appears. 2. Split classifications. For an employee that worked in a split classification, make a separate entry for each classification of work performed distributing the hours of work to each classification, accordingly, and reflecting the rate of pay and gross earnings for each classification. Deductions and net pay may be based upon the total gross amount earned for all classifications. d. Hours worked. The payroll should show ONLY the regular and overtime hours worked on this project. Show both the daily and total weekly hours for each employee. If an employee performs work at job sites other than the project forwhich the payroll is prepared, those "otherjob" hours should not be reported on the payroll. In these cases, you should list the employee's name, classification, hours for this project only, the rate of pay and gross earnings for this project, and the gross earned for all projects. Deductions and net pay may be based upon the employee's total earnings (for all projects) for the week. e. Rate of pay. Show the basic hourly rate of pay for each employee for this project. If the wage decision includes a fringe benefit and you do not participate in approved fringe benefit programs, add the fringe benefit rate to the basic hourly rate of pay. Also list the overtime rate if overtime hours were worked. 1. Piece -work. For any piece -work employees, the employer must compute an effective hourly rate for each employee each week Lased upon the employee's piece -work earnings for that week. To compute the effective hourly rate, divide the piece -work earnings by the total number of hours worked, including consideration for any overtime hours. The effective hourly rate must be reflected on the certified payroll and this hourly rate may be no less than the wage rate (including fringe benefits, if any) on the wage decision for the classification of work performed. It does not matter that the effective hourly rate changes from week -to -week, only that the rate is no less than the rate on the wage decision for the classification of work performed. Remember, the overtime rate is computed at one and one-half times the basic rate of pay plus any fringe benefits. For example, if the wage decision requires $101hour basic plus $5lhour fringe benefits, the overtime rate would be: ($10 x 1 '/) + $5 = $201hour. f. Cross wages earned. Show the gross amount of wages earned for work performed on this project. Note: For employees with work hours and earnings on other projects, you may show gross wages for this project over gross earnings all projects (for example, $425.401$764.85) and base deductions and net pay on the "all projects" earnings. 2-10 g. Deductions. Show the amounts of any deductions from the gross earnings. "Other" deductions should be identified (for example, Savings Account or Loan Repayment). Any voluntary deduction (that is, not required by law or by an order of a proper authority) must be authorized in writing by the employee or provided for in a collective bargaining (union) agreement. A short note signed by the employee is all that is needed and should accompany the first payroll on which the other deduction appears. Only one employee authorization is needed for recurring (e,g., weekly) other deductions. Written employee authorization is not required for income tax and Social Security deductions. h. Net pay. Show the net amount of wages paid. Statement of compliance. The Statement of Compliance is the certification. It is located on the reverse side of a standard payroll form (WH-347). Be sure to complete the identifying information at the top, particularly if you are attaching the Statement of Compliance to an alternate payroll form such as a computer payroll. Also, you must check either 4(a) or 4(b) if the wage decision contains a fringe benefit. Checking 4(a) indicates that you are paying required fringe benefits to approved plans or programs, - and 4(b) indicates that you are paying any required fringe benefit amounts directly to the employee by adding the fringe benefit rate to the basic hourly rate of pay. If you are paying a portion of the required fringe benefit to programs and the balance directly to the employee, explain those differences in box 4(c). COnly one Statement of Compliance is required for each employer's weekly payrDno atter how many pages are needed to report the employee data. j. Signature. Make sure the payroll is signed with an original signature in ink. The payroll must be signed by a principal of the firm (owner or officer such as the president, treasurer or payroll administrator) or by an authorized agent (a person authorized by a principal in writing to sign the payroll reports). Signature authorization (for persons other than a principal) should be submitted with the first payroll signed by such an agent. Signatures in pencil; signature stamps; xerox, pdf and other facsimiles are not acceptable. 2-11 SECTION III - PAYROLL. REVIEWS AND CORRECTIONS 2-6 COMPLIANCE REVIEWS, The contract administrator or other inspector may visit the project site and interview some of the workers concerning their employment on the project. The DOL may also independently conduct its own reviews (see 1-5). In addition, the contract administrator will periodically review payrolls and related submissions, comparing the interview information to the payrolls, to ensure that the labor standards requirements have been met. You will be notified by the contract administrator if these reviews find any discrepancies or errors. You will be given instructions about what steps must be taken to correct any problems. a. On -site interviews. Every employer (contractor, subcontractor, etc.) must make their employees available for interview at the job site with the contract administrator or other agency representative, or HUD or DOL representative. The interviews are confidential and the employee will be asked about the kind of work they perform and their rate of pay. Every effort will be made to ensure that these interviews cause as little disruption as possible to the on -going work. The interviewer will record the interview information, usually on a form HUD-11, Record of Employee Interview, and forward the interviews to the contract administrator. b. Project payroll reviews. The contract administrator will compare the information on the interview forms to the corresponding payrolls to ensure that the workers are properly listed on the payrolls for the days and hours worked on the job site, work classification and rate of pay. The contract administrator will also review the payroll submissions to make certain that the payrolls are complete and signed; that employees are paid no less than the wage rate for the work classification shown; apprentice and trainee certifications are submitted (where needed); employee or other authorizations for other deductions are submitted (where needed); etc. 2-7 TYPICAL PAYROLL ERRORS AND REQUIRED CORRECTIONS. The following paragraphs describe common payroll errors and the corrective steps you must take. a. Inadeguate payroll information. If an alternate payroll format used by an employer (such as some computer payrolls) is inadequate, e.g., does not contain all of the necessary information that would be on the optional form WH-347, the employer will be asked to resubmit the payrolls on an acceptable form. b. Missing identification numbers. if the first payroll on which an employee appears does not contain the employee's individually identifying number, the employer will be asked to supply the missing information. This information can be reported on the next payroll submitted by the employer if the employer is still working on the project. Otherwise, the employer will be asked to submit a correction certified payroll. 2-12 c. InCOM lete payrolls. If the information on the payroll is not complete, for example, if work classifications or rates of pay are missing, the employer will be asked to send a correction certified payroll. d. Classifications. If the payrolls show work classifications that do not appear on the wage decision, the employer will be asked to reclassify the employees in accordance with the wage decision or the employer may request an additional classification and wage rate (see 2-2). If reclassification results in underpayment (i.e., the wage rate reported on the payroll is less than the rate required for the new classification), the employer will be asked to pay wage restitution to all affected reclassified employees. (see 2-8 for instructions about wage restitution.) e. Wage rates. If the wage rates on the payroll are less than the wage rates on the wage decision for the work classifications reported, the employer will be asked to pay wage restitution to all affected employees. f. Al2prentices and trainees. If a copy of the employee's registration or the approved program ratio and wage schedule are not submitted with the first payroll on which an apprentice or trainee appears, the employer will be asked to submit a copy of each apprentice's or trainee's registration and/or the approved program ratio and wage schedule. If the ratio of apprentices or trainees to journeymen on the payroll is greater than the ratio in the approved program, the employer will be asked to pay wage restitution to any excess apprentices or trainees. Also, any apprentice or trainee that is not registered in an approved program must receive the journeyman's wage rate for the classification of work they performed. g. Overtime. If the employees did not receive at least time and one-half for any overtime hours worked on the project, the following will occur; 1. If the project is subject to CWHSSA overtime requirements, the employer will be asked to pay wage restitution for all overtime hours worked on the project. The employer may also be liable to the United States for liquidated damages computed at $10 per day per violation. Or, 2. If the project is not subject to CWHSSA, the employer will be notified of the possible FLSA overtime violations. Also, the contract administrator may refer the matter to the DOL for further review. h. Computations. If the payroll computations (hours worked times rate of pay) or extensions (deductions, net pay) show frequent errors, the employer will be asked to take greater care. Wage restitution may be required if underpayments resulted from the errors. i. Deductions. If there are any "Other" deductions that are not identified, or if employee authorization isn't provided, or if there is any unusual (very high, or large number) deduction activity, the employer will be asked to identify the deductions, provide employee authorization or explain unusual deductions, as necessary. 2-13 HUD does not enforce or attempt to provide advice on employer obligations to make deductions from employee earnings for taxes or Social Security. However, HUD may refer to the IRS or other responsible agency copies of certified payroll reports that show wages paid in gross amounts (i.e., without tax deduction) for its review and appropriate action. j. Fringe benefits. if the wage decision contains fringe benefits but the payroll does not indicate how fringe benefits were paid [neither 4(a) nor 4(b) is marked on the Statement of Compliance], the employer may be asked to submit correction certified payrolls and will be required to pay wage restitution if underpayments occurred. However, if the basic hourly rates for the employees are at least as much as the total wage rate on the wage decision (basic hourly rate plus the fringe benefit rate), no correction is necessary. k. Signature. If the payroll Statement of Compliance is not signed or is missing, the employer will be asked to submit a signed Statement of Compliance for each payroll affected. If the Statement of Compliance is signed by a person who is not a principle of the firm and that person has not been authorized by principle to sign, the employer will be asked to provide an authorization or to resubmit the Statement(s) of Compliance bearing the signature of a principle or other authorized signatory. I. On�site interview comparisons. If the comparison of on -site interviews to the payrolls indicates any discrepancies (for example, the employee does not appear on the payroll for the date of the interview), the employer will be asked to submit a correction certified payroll report. m. Correction certified payroll. Any and all changes to data on a submitted payroll report must be reported on a certified correction payroll. In no case will a payroll report be returned to the prime contractor or employer for revision. 2-8 RESTITUTION FOR UNDERPAYMENT OF WAGES. Where underpayments of wages have occurred, the employer will be required to pay wage restitution to the affected employees. Wage restitution must be paid promptly in the full amounts due, less permissible and authorized deductions. All wages paid to laborers and mechanics for work performed on the project, including wage restitution, must be reported on a certified payroll report. a. Notification to the Employer/Prime contractor. The contract administrator will notify the employer and/or prime contractor in writing of any underpayments that are found during payroll or other reviews. The contract administrator will describe the underpayments and provide instructions for computing and documenting the restitution to be paid. The employer/ prime contractor is allowed 30 days to correct the underpayments. Note that the prime contractor is responsible to the contract administrator for ensuring that restitution is paid. If the employer is a subcontractor, the subcontractor will usually make the computations and restitution payments and furnish the required documentation through the prime contractor. 2-1 4 The contract administrator may communicate directly with a subcontractor when the underpayments are plainly evident and the subcontractor is cooperative. It is best to work through the prime contractor when the issues are complex, when there are significant underpayments and/or the subcontractor is not cooperative. In all cases, the subcontractor must ensure that the prime contractor receives a copy of the required corrective documentation. b. Computing wage restitution. Wage restitution is simply the difference between the wage rate paid to each affected employee and the wage rate required on the wage decision for all hours worked where underpayments occurred. The difference in the wage rates is called the adjustment rate. The adjustment rate times the number of hours involved equals the gross amount of restitution due. You may also compute wage restitution by calculating the total amount of Davis -Bacon wages earned and subtracting the total amount of wages paid. The difference is the amount of back wages due. c. Correction certified payrolls. The employer will be required to report the restitution paid on a correction certified payroll. The correction payroll will reflect the period of time for which restitution is due (for example, Payrolls #1 through #6; or a beginning date and ending date). The correction payroll will list each employee to whom restitution is due and their work classification; the total number of work hours involved (daily hours are usually not applicable for wage restitution); the adjustment wage rate (the difference between the required wage rate and the wage rate paid); the gross amount of restitution due; deductions and the net amount actually paid. A properly signed Statement of Compliance must accompany the correction payroll. HUD no longer requires the signature of the employee on the correction payroll to evidence employee receipt of restitution payment. In addition, except in the most extraordinary cases, HUD no longer requires employers to submit copies of restitution checks (certified, cashiers, canceled or other), or employee -signed receipts or waivers. d. Review of correction CPR. The contract administrator will review the correction certified payroll to ensure that full restitution was paid. The prime contractor shall be notified in writing of any discrepancies and will be required to make additional payments, if needed, documented on a correction certified payroll within 30 days. e. _Unfound workers. Sometimes, wage restitution cannot be paid to an affected employee because, for example, the employee has moved and can't be located. After wage restitution has been paid to all of the workers who could be located, the employer must submit a list of any workers who could not be found and paid (i.e., unfound workers) providing their names, Social Security Numbers, last known addresses and the gross amount due. In such cases, at the end of the project the prime contractor will be required 2-15 to place in a deposit or escrow account an amount equal to the total gross amount of restitution that could not be paid because the employee(s) could not be located. The contract administrator will continue attempts to locate the unfound workers for 3 years after the completion of the project. After 3 years, any amount remaining in the account for unfound workers will be credited and/or forwarded by the contract administrator to HUD. CI 2-16 CI-IAPYP--R 3 LABOR STANDARDS DISPUTES, ADV-PIWIS`I'RATIV RWEVIEWS, WIT 1 1 l0l-af IPG, DEVOSITS AM ESCROliv ACCO 4TS, AM SAIM`rim,S WHAT HAPPENS WHEN THINGS GO WRONG? 3-1 INTRODUCTION. Even in the best of circumstances, things can go wrong. In a Davis -Bacon context, "things going wrong" usually means there's a difference of opinion or a dispute about whether and to what extent underpayments have occurred. These disputes are usually between the contract administrator and one or more employers (the prime contractor and/ or a subcontractor). The dispute may involve something simple such as an additional classification request that is pending before the DOL; or something as significant as investigative findings following a complaint of underpayment. This chapter discusses some of what you may expect and what you can do to make your views known and to lessen any delays in resolving the problem or issue. 3-2 ADMINISTRATIVE REVIEW ON LABOR STANDARDS DISPUTES. As mentioned in the Introduction above, a dispute about labor standards and compliance can arise for a number of reasons. The labor standards clauses in your contract and DOL regulations provide for administrative review of issues where there is a difference of views between the contract administrator and any employer. The most common circumstances include: a. Additional classifications and wage rates. Additional classification and wage rate requests are sometimes denied bythe DOL. An employerthat is dissatisfied with the denial can request reconsideration by the DOL Wage and Hour Administrator. The employer may continue to pay the wage rate, as requested, until a final decision is rendered on the matter. When the final decision is known, the employer will be required to pay any additional wages that may be necessary to satisfy the wage rate that is established. 1. Reconsideration. The DOL normally identifies the reasons for denial in its response to the request. Any interested person (for example, the contract administrator, employer, representatives of the employees) may request reconsideration of the decision on the additional classification request. The request for reconsideration must be made in writing and must thoroughly address the denial reasons identified by the DOL. Employer requests for reconsideration should be made through the contract administrator but may be made directly to the DOL. (See 2-2(d), and also DOL Regulations 28 CFR 1.8.) All requests initiated by or made through the contract administrator or HUD must be submitted through the HUD Headquarters Office of Labor Relations. 3-1 2. Administrative Review Board. Any interested party may request a review of the Administrator's decision on reconsideration by the DOL's Administrative Review Board. DOL regulations 29 CFR Part 7 explain the procedures for such reviews. (See also 29 CFR 1.9.) b. Findings of underpayment. Compliance reviews and other follow-up enforcement actions may result in findings of underpayment. The primary goal in every case and at every step in this process is to reach agreements about who may have been underpaid and how much wage restitution may be due and, of course, to promptly deliver restitution to any underpaid workers. The contract administrator will usually work informally with you to reach such agreements. You will have an opportunity to provide additional information to the contract administrator that may explain apparent inconsistencies and/or resolve the discrepancies. If informal exchanges do not result in agreement, the final determination and schedule of back wages due will be presented to you in writing and you will be permitted 30 days in which to correct the underpayment(s) or to request a hearing on the matter before the DOL. The request for hearing must be made in writing through the contract administrator and must explain what findings are in dispute and the reasons. In such cases, HUD is required to submit a report to DOL for review and further consideration. All requests for DOL hearing must be submitted through the HUD Headquarters Office of Labor Relations. DOL review. The DOL will review the contract administrator's report and the arguments against the findings presented in the hearing request. The DOL may affirm or modify the findings based upon the materials presented. You will be notified in writing by the DOL of the results of its review. If DOL concludes that violations have occurred, you will be given an opportunity to correct any underpayments or to request a hearing before a DOL Administrative Law Judge (ALJ). (See DOL Regulations 29 CFR 5.11 (b) and 29 CFR Part 6, Rules of Practice forAdministrative Proceedings.) 2. Administrative Review Board. Contractors and/or subcontractors may request a review by the Administrative Review Board of the decision(s) rendered by the DOL ALJ in the administrative hearing process. See DOL regulations 29 CFR Part 7 for more information about this proceeding. 3-3 WITHHOLDING. The contract administrator shall cause withholding from payments due to the prime contractor to ensure the payment of wages which are believed to be due and unpaid, for example, if wage underpayments or other violations are not corrected within 30 days after written notification to the prime contractor. DOL may also direct the withholding of contract payments for alleged wage underpayments. Withholding is considered to be serious and is not taken unless warranted. If withholding is deemed necessary, you will be notified in writing. Only the amounts needed to meet the contractor's (and/or subcontractors') liability shall be withheld. 3-2 I 3-4 DEPOSITS AND ESCROWS. In every case, we attempt to complete compliance actions and resolve any disputes before the project is completed and final payments are made. Sometimes, corrective actions or disputes continue after completion and provisions must be made to ensure that funds are available to pay any wage restitution that is ultimately found due. In these cases, we allow projects to proceed to final closing and final payments provided the prime contractor deposits an amount equal to the potential liability for wage restitution and liquidated damages, if necessary, in a special account. The deposit or escrow account is controlled by the contract administrator. When a final decision is rendered, the contract administrator makes disbursements from the account in accordance with the decision. Deposit/escrow accounts are established for one or more of the following reasons: Remember, the prime contractor is responsible and will be held liable foranywage restitution that is due to any worker employed in the construction of the project, including workers employed by subcontractors and any lower -tier subcontractors. See 1-4, Responsibility of the Principal Contractor, and 2-8, Restitution for Underpayment of Wages. a. Where the parties have agreed to amounts of wage restitution that are due but the employer hasn't furnished evidence yet that all of the underpaid workers have received their back wages, e.g., some of the workers have moved and could not be located. The amount of the deposit is equal to the total gross amount of restitution due to workers lacking payment evidence. As these workers are paid and proper documentation is provided to the contract administrator, amounts corresponding to the documented payments are returned to the depositor. Amounts for any workers who cannot be located are held in the deposit/escrow account for three years and disposed as described in 2-8(f) of this Guide. b. Where underpayments are suspected or alleged and an investigation has not yet been completed. The deposit is equal to the amount of wage restitution and any liquidated damages, if applicable, that are estimated to be due. If the final determination of wages due is less than the amount estimated and placed in the escrow account, the escrow will be reduced to the final amount and the difference will be returned to the depositor. If the parties agree to the investigative findings, the amounts due to the workers will be paid by the employer. As these workers are paid and proper documentation is provided to the contract administrator, the gross amounts corresponding to the documented payments are returned to the depositor. 1. If the employer is unable to make the payments to the workers, e.g., lacks the funds necessary, the contract administrator may make disbursements directly to the workers in the net amounts calculated by the employer. The amounts withheld from the workers for tax deduction will be returned to the employer as payments to workers are made. The employer shall be responsible for reporting and transmitting withholdings to the appropriate agencies. 3-3 2, If the employer is not cooperating in the resolution, the contract administrator shall make disbursements to the workers in accordance with the schedule of wages due, Amounts for unfound workers will be retained as described above (See 2-8(f) and 3-4(a)). If the parties do not agree and an administrative hearing is requested, the escrow will be maintained as explained in 3-4(c), below. Remember, ifyou have any questions or need assistance concerning laborstandards requirements help is always available. Contact the contract administrator for the project you're working on or the HUD Field Labor Relations staff in your area. c. Where the parties are waiting for the outcome of an administrative hearing that has been or will be requested contesting a final determination of wages due. The deposit shall be equal to the amount of wage restitution and liquidated damages, if applicable, that have been determined due. Once a final decision is rendered, disbursements from the escrow account are made in accordance with the decision. 3-5 ADMINISTRATIVE SANCTIONS. Contractors and/or subcontractors that violate the labor standards provisions may face administrative sanctions imposed by HUD and/or DOL. a. DOL debarment, Contractors and/or subcontractors that are found by the Secretary of Labor to be in aggravated or willful violation of the labor standards provisions of the Davis -Bacon and Related Acts (DBRA) will be ineligible (debarred) to participate in any DBRA or Davis -Bacon Act contracts for up to 3 years. Debarment includes the contractor or subcontractor and any firm, corporation, partnership or association in which the contractor or subcontractor has a substantial interest. Debarment proceedings can be recommended by the contract administrator or can be initiated by the DOL. Debarment proceedings are described in DOL regulations 29 CFR 5.12. b. HUD sanctions. HUD sanctions may include Limited Denials of Participation (LDPs), debarments and suspensions. T. Limited Denial of Participation. HUD may issue to the employer a limited denial of participation (LDP) which prohibits the employer from further participation in HUD programs for a period up to one year. The LDP is usually effective for the HUD program in which the violation occurred and for the geographic jurisdiction of the issuing HUD Office. HUD regulations concerning LDP's are found at 24 CFR 24. 700-24 , 714. 3-4 2. Debarmentand suspensions. In certain circumstances, HUD may initiate its own debarment or suspension proceedings against a contractor and/or subcontractor in connection with improper actions regarding Davis -Bacon obligations. For example, HUD may initiate debarment where a contractor has been convicted for making false statements (such as false statements on certified payrolls or other prevailing wage certifications) or may initiate suspension where a contractor has been indicted for making false statements. HUD regulations concerning debarment and suspension are found at 24 CFR Part 24. 3-6 FALSIFICATION OF CERTIFIED PAYROLL REPORTS. Contractors and/or subcontractors that are found to have willfully falsified payroll reports (Statements of Compliance), including correction certified payroll reports, may be subject to civil or criminal prosecution. Penalties may be imposed of $1,000 and/or one year in prison for each false statement (see Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code). Remember, if you have any questions or need assistance concerning laborstandards requirements help is always available. Contact the contract administrator for the project you're working on or the HUD Field Labor Relations staff in your area. 3-5 C1,13(3 - Community Development Block Grant CFR - Code of Federal Regulations CPR - Certified Payroll Report CWHSSA - Contract Work Hours and Safety Standards Act IMA - Davis -Bacon Act DBRA - Davis -Bacon and Related Acts DOL - Department of Labor FHA - Federal Housing Administration FLSA - Fair Labor Standards Ad HUD - Housing and Urban Development (Department of) IHA - Indian Housing Authority LCA - Local Contracting Agency LDP - Limiited Denial of Participation OIT - Overtime PHA - Public Housing Agency SIT - Straight -time SAC - State Apprenticeship CouncillAgency TDHE - Tribally -Designated Housing Entity Section - Paragraph A-1 N G 1 I HUD Office of Labor Relations: www.hud.gov/offices/oir HUD Regulations: http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR HUDClips (HUD Forms and Publications): www.hud.gov/offices/adm/hudclips/index.cfm DOL Davis -Bacon and Related Acts Homepage: http://www.dol.gov/whd/contracts/dbra.htm DOL Regulations: http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR Davis -Bacon Wage Decisions: www.wdof.gov DOL Forms: www.dol.gov/whd/programs/dbra/forms.htm *!Bleb addresses active as of January 2012 A-2 _a, She, U.S. Department of Housing and Urban Development Office of Labor Relations Project Name: Wage Decision Number/Modification Number: Project Number: Project County: Work Classification Basic Hourly Fate (BHR) Fringe Benefits Deriefifis I Total i Wage: bate laborers Fringe Benefits Croup # BH i $ + Total Wage Bricklayers $ Carpenters $ $ Cement Masons $ $ Drywall Hangers $ $ Electricians $ $ Iron Workers $ $ Painters $ Operators Fringe Benefits: $ Plumbers $ Croup # 8HR Total Wage Roofers $ $ Sheet Metal Workers $ $ Soft Floor Workers $ $ Tapers $ $ Tile Setters $ Truck Drivers Fringe Benefits $ Other Cfassifications Group # l3HR Total Wage $ $ Additional Classifications. (HUD Dorm 4230-Ay Workark Basic fringe Total Date of bate tat Hourly Hourly HUD Suhrr3ission DOL E Classification bate 1811R) Benefits Wage Rate to DuL approval $ A-3 I V� t6 4 ~�o a � U � 4� v 0 a � SaJ N n ._ • � s MP -1.00 Project Map THIS PAGE LEFT INTENTIONALLY BLANK & , -3a r I Q Ash Crescent Neighborhood CORD Project Street and Sidewalk Improvements (rAM Avir k GO .9fe I— — Side-vak SUM