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HomeMy WebLinkAboutContract 55841-PM1CSC No. 55841-PM1 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 5 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102152 Revised March 20, 2020 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions Last Revised 00 11 13 Invitation to Bidders 03/20/2020 00 21 13 Instructions to Bidders 03/20/2020 00 35 13 Conflict of Interest Affidavit 08/21/2018 00 41 00 Bid Form 04/02/2014 00 42 43 Proposal Form Unit Price 05/22/2019 00 43 13 Bid Bond 04/02/2014 00 43 37 Vendor Compliance to State Law Non Resident Bidder 07/01/2011 00 45 11 Bidders Prequalification’s 04/02/2014 00 45 12 Prequalification Statement 09/01/2015 00 45 13 Bidder Prequalification Application 03/09/2020 00 45 26 Contractor Compliance with Workers' Compensation Law 04/02/2014 00 45 40 Minority Business Enterprise Goal 08/21/2018 00 52 43 Agreement 06/16/2016 00 61 25 Certificate of Insurance 07/01/2011 00 62 13 Performance Bond 01/31/2012 00 62 14 Payment Bond 01/31/2012 00 62 19 Maintenance Bond 01/31/2012 00 72 00 General Conditions 11/15/2017 00 73 00 Supplementary Conditions 07/01/2011 00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded Projects 01/10/2013 Division 01 - General Requirements Last Revised 01 11 00 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 08/30/2013 01 31 19 Preconstruction Meeting 08/30/2013 01 31 20 Project Meetings 07/01/2011 01 32 33 Preconstruction Video 08/30/2013 01 33 00 Submittals 08/30/2013 01 35 13 Special Project Procedures 08/30/2013 01 45 23 Testing and Inspection Services 03/20/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 55 26 Street Use Permit and Modifications to Traffic Control 07/01/2011 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 58 13 Temporary Project Signage 04/07/2014 01 60 00 Product Requirements 03/20/2020 01 66 00 Product Storage and Handling Requirements 04/07/2014 01 70 00 Mobilization and Remobilization 04/07/2014 01 71 23 Construction Staking 04/07/2014 01 74 23 Cleaning 04/07/2014 01 77 19 Closeout Requirements 04/07/2014 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 5 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102152 Revised March 20, 2020 01 78 23 Operation and Maintenance Data 04/07/2014 01 78 39 Project Record Documents 04/07/2014 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City’s website at: http://fortworthtexas.gov/tpw/contractors/ or https://apps.fortworthtexas.gov/ProjectResources/ Division 02 - Existing Conditions Last Revised 02 41 13 Selective Site Demolition 12/20/2012 02 41 14 Utility Removal/Abandonment 12/20/2012 02 41 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 Cast-In-Place Concrete 12/20/2012 03 34 13 Controlled Low Strength Material (CLSM) 12/20/2012 03 34 16 Concrete Base Material for Trench Repair 12/20/2012 03 80 00 Modifications to Existing Concrete Structures 12/20/2012 Division 26 - Electrical 26 05 00 Common Work Results for Electrical 11/22/2013 26 05 10 Demolition for Electrical Systems 12/20/2012 26 05 33 Raceways and Boxes for Electrical Systems 12/20/2012 26 05 43 Underground Ducts and Raceways for Electrical Systems 07/01/2011 26 05 50 Communications Multi-Duct Conduit 02/26/2016 Division 31 - Earthwork 31 10 00 Site Clearing 12/20/2012 31 23 16 Unclassified Excavation 01/28/2013 31 23 23 Borrow 01/28/2013 31 24 00 Embankments 01/28/2013 31 25 00 Erosion and Sediment Control 12/20/2012 31 36 00 Gabions 12/20/2012 31 37 00 Riprap 12/20/2012 Division 32 - Exterior Improvements 32 01 17 Permanent Asphalt Paving Repair 12/20/2012 32 01 18 Temporary Asphalt Paving Repair 12/20/2012 32 01 29 Concrete Paving Repair 12/20/2012 32 11 23 Flexible Base Courses 12/20/2012 32 11 29 Lime Treated Base Courses 12/20/2012 32 11 33 Cement Treated Base Courses 12/20/2012 32 11 37 Liquid Treated Soil Stabilizer 08/21/2015 32 12 16 Asphalt Paving 12/20/2012 32 12 73 Asphalt Paving Crack Sealants 12/20/2012 32 13 13 Concrete Paving 12/20/2012 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 06/05/2018 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 5 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102152 Revised March 20, 2020 32 13 73 Concrete Paving Joint Sealants 12/20/2012 32 14 16 Brick Unit Paving 12/20/2012 32 16 13 Concrete Curb and Gutters and Valley Gutters 10/05/2016 32 17 23 Pavement Markings 11/22/2013 32 17 25 Curb Address Painting 11/04/2013 32 31 13 Chain Fences and Gates 12/20/2012 32 31 26 Wire Fences and Gates 12/20/2012 32 31 29 Wood Fences and Gates 12/20/2012 32 32 13 Cast-in-Place Concrete Retaining Walls 06/05/2018 32 91 19 Topsoil Placement and Finishing of Parkways 12/20/2012 32 92 13 Hydro-Mulching, Seeding, and Sodding 12/20/2012 32 93 43 Trees and Shrubs 12/20/2012 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 12/20/2012 33 01 31 Closed Circuit Television (CCTV) Inspection 03/03/2016 33 03 10 Bypass Pumping of Existing Sewer Systems 12/20/2012 33 04 10 Joint Bonding and Electrical Isolation 12/20/2012 33 04 11 Corrosion Control Test Stations 12/20/2012 33 04 12 Magnesium Anode Cathodic Protection System 12/20/2012 33 04 30 Temporary Water Services 07/01/2011 33 04 40 Cleaning and Acceptance Testing of Water Mains 02/06/2013 33 04 50 Cleaning of Sewer Mains 12/20/2012 33 05 10 Utility Trench Excavation, Embedment, and Backfill 12/12/2016 33 05 12 Water Line Lowering 12/20/2012 33 05 13 Frame, Cover and Grade Rings – Cast Iron 01/22/2016 33 05 13.10 Frame, Cover and Grade Rings – Composite 01/22/2016 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 12/20/2012 33 05 16 Concrete Water Vaults 12/20/2012 33 05 17 Concrete Collars 12/20/2012 33 05 20 Auger Boring 12/20/2012 33 05 21 Tunnel Liner Plate 12/20/2012 33 05 22 Steel Casing Pipe 12/20/2012 33 05 23 Hand Tunneling 12/20/2012 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 06/19/2013 33 05 26 Utility Markers/Locators 12/20/2012 33 05 30 Location of Existing Utilities 12/20/2012 33 11 05 Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pipe 12/20/2012 33 11 11 Ductile Iron Fittings 12/20/2012 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 11/16/2018 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 12/20/2012 33 11 14 Buried Steel Pipe and Fittings 12/20/2012 33 12 10 Water Services 1-inch to 2-inch 02/14/2017 33 12 11 Large Water Meters 12/20/2012 33 12 20 Resilient Seated Gate Valve 12/20/2012 33 12 21 AWWA Rubber-Seated Butterfly Valves 12/20/2012 33 12 25 Connection to Existing Water Mains 02/06/2013 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 5 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102152 Revised March 20, 2020 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 12/20/2012 33 12 40 Fire Hydrants 01/03/2014 33 12 50 Water Sample Stations 12/20/2012 33 12 60 Standard Blow-off Valve Assembly 06/19/2013 33 31 12 Cured in Place Pipe (CIPP) 12/20/2012 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 12/20/2012 33 31 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 12/20/2012 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 06/19/2013 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 12/20/2012 33 31 22 Sanitary Sewer Slip Lining 12/20/2012 33 31 23 Sanitary Sewer Pipe Enlargement 12/20/2012 33 31 50 Sanitary Sewer Service Connections and Service Line 04/26/2013 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 12/20/2012 33 39 10 Cast-in-Place Concrete Manholes 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 33 39 30 Fiberglass Manholes 12/20/2012 33 39 40 Wastewater Access Chamber (WAC) 12/20/2012 33 39 60 Epoxy Liners for Sanitary Sewer Structures 12/20/2012 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 33 41 11 High Density Polyethylene (HDPE) Pipe for Storm Drain 12/20/2012 33 41 12 Reinforced Polyethlene (SRPE) Pipe 11/13/2015 33 46 00 Subdrainage 12/20/2012 33 46 01 Slotted Storm Drains 07/01/2011 33 46 02 Trench Drains 07/01/2011 33 49 10 Cast-in-Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 12/20/2012 33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011 Division 34 - Transportation 34 41 10 Traffic Signals 10/12/2015 34 41 10.01 Attachment A – Controller Cabinet 12/18/2015 34 41 10.02 Attachment B – Controller Specification 02/2012 34 41 10.03 Attachment C – Software Specification 01/2012 34 41 11 Temporary Traffic Signals 11/22/2013 34 41 13 Removing Traffic Signals 12/20/2012 34 41 15 Rectangular Rapid Flashing Beacon 11/22/2013 34 41 16 Pedestrian Hybrid Signal 11/22/2013 34 41 20 Roadway Illumination Assemblies 12/20/2012 34 41 20.01 Arterial LED Roadway Luminaires 06/15/2015 34 41 20.02 Freeway LED Roadway Luminaires 06/15/2015 34 41 20.03 Residential LED Roadway Luminaires 06/15/2015 34 41 30 Aluminum Signs 11/12/2013 34 41 50 Single-Mode Fiber Optic Cable 02/26/2016 34 71 13 Traffic Control 11/22/2013 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 5 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102152 Revised March 20, 2020 Appendix GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GC-4.06 Hazardous Environmental Condition at Site GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination GR-01 60 00 Product Requirements END OF SECTION 00 11 13 INVITATION TO BIDDERS Page 1 of 3 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102152 Temporarily Revised April 6, 2020 due to COVID19 Emergency SECTION 00 11 13 INVITATION TO BIDDERS DEVELOPER AWARDED CONTRACTS FOR PUBLICLY BID PROJECTS ONLY RECEIPT OF BIDS Sealed bids for the construction of CPN: 102152: Sanitary Sewer Interceptor Improvements M-295 and M-329, Sewer Project No. 56002-0700430-0011480 will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, MARCH 11TH, 2021 as further described below: City of Fort Worth Purchasing Division 200 Texas Street Fort Worth, Texas 76102 Due to the COVID19 Emergency declared by the City of Fort Worth and until the emergency declaration, as amended, is rescinded, bid submissions and bid opening shall be as follows: Bids will be accepted by: 1. US Mail at the address above, 2. By courier, FedEx or hand delivery from 8:30-1:30 on Thursdays only at the South End Lobby of City Hall located at 200 Texas Street, Fort Worth, Texas 76102. A Purchasing Department staff person will be available to accept the bid and provide a time stamped receipt; or 3. If the bidder desires to submit the bid on a day or time other than the designated Thursday, the bidder must contact the Purchasing Department during normal working hours at 817-392-2462 to make an appointment to meet a Purchasing Department employee at the South End Lobby of City Hall located at 200 Texas Street, Fort Worth, Texas 76102, where the bid(s) will be received and time/date stamped as above. Bids will be opened publicly and read aloud at 2:00 PM CST in the City Council Chambers and broadcast through live stream and CFW public television which can be accessed at http://fortworthtexas.gov/fwtv/. The general public will not be allowed in the City Council Chambers. In addition, in lieu of delivering completed MBE forms for the project to the Purchasing Office, bidders shall e-mail the completed MBE forms to the City Project Manager no later than 2:00 p.m. on the second City business day after the bid opening date, exclusive of the bid opening date. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: Installation of approximately:  1,807 LF of 36” sanitary sewer with 5-ft diameter manholes  8,360 LF of 30” sanitary sewer with 5-ft diameter manholes  5,621 LF of 21” sanitary sewer with 4-ft diameter manholes 00 11 13 INVITATION TO BIDDERS Page 2 of 3 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102152 Temporarily Revised April 6, 2020 due to COVID19 Emergency Generally along the same alignment of City of Fort Worth M-329 from Wichita Street to E. Enon Ave. and M-295 from E. Enon Ave. to an existing 60” sanitary sewer crossing Everman- Kennedale Rd. approximately 1,800 ft east of Anglin Dr. The work will include:  Installation by open cut  Installation by other than open cut  Pavement reconstruction  Bypass pumping. The affected portions of M-329 and M-295 must remain in service for the duration of the project. 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.fortworthgov.org/purchasing/ and clicking on the link to the advertised project folders on the City’s electronic document management and collaboration system site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. Copies of the Bidding and Contract Documents may be purchased from Huitt-Zollars, Inc. 500 W. 7th St. Suite 300 Ft. Worth, TX 76102-4728 Phone: 817-335-3000 The cost of Bidding and Contract Documents is: Set of Bidding and Contract Documents with full size drawings: $300 Set of Bidding and Contract Documents with half size (if available) drawings: $160 PREBID CONFERENCE A prebid conference may be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the followingdate, and time via a web conferencing application: DATE: March 3rd, 2021 TIME: 2:00 P.M. CST If a prebid conference will be held online via a web conferencing application, invitations will be distributed directly to those who have submitted Expressions of Interest in the project to the City Project Manager and/or the Design Engineer. The presentation given at the prebid conference and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not being held, prospective bidders can e-mail questions or comments in accordance with Section 6 of the Instructions to Bidders referenced above to the project manager(s) at the e-mail addresses listed below. Emailed questions will suffice as “questions in writing” and the requirement to formally mail questions is suspended. If necessary, Addenda will be issued pursuant to the Instructions to Bidders. 00 11 13 INVITATION TO BIDDERS Page 3 of 3 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102152 Temporarily Revised April 6, 2020 due to COVID19 Emergency DEVELOPER/CITY'S RIGHT TO ACCEPT OR REJECT BIDS Developer and City reserves the right to waive irregularities and to accept or reject bids. AWARD A contract will be awarded to the Bidder presenting the lowest price, qualifications and competencies considered. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Jordan V. Marlia, P.E. Huitt-Zollars, Inc. Email: jmarlia@huitt-zollars.com Phone: 817-335-3000 AND/OR Attn: Soon Wong, P.E., City of Fort Worth Email: soon.wong@fortworthtexas.gov Phone: 817-392-8369 EXPRESSION OF INTEREST To ensure bidders are kept up to date of any new information pertinent to this Project or the COVID19 emergency declaration, as amended, as it may relate to this Project, bidders are requested to email Expressions of Interest in this procurement to the City Project Manager and the Design Engineer. The email should include the bidder’s company name, contact person, that individuals email address and phone number. All Addenda will be distributed directly to those who have expressed an interest in the procurement and will also be posted in the City of Fort Worth’s purchasing website at: http://www.fortworthtexas.gov/purchasing/ PLAN HOLDERS To ensure you are kept up to date of any new information pertinent to this project such as when an addenda is issued, download the Plan Holder Registration form to your computer, complete and email it to the City Project Manager or the design Engineer, The City Project Manager and design Engineer are responsible to upload the Plans Holder Registration form to the Plan Holders folder in the Dropbox link below. https://www.dropbox.com/sh/vg8mko8f14bwo56/AACooAiWXH-rLYcjrzdf-y3Pa?dl=0 Mail your completed Plan Holder Registration form to those listed in INQUIRIES above. ADVERTISEMENT DATES Wednesday, February 24th, 2021 Wednesday, March 3rd, 2021 END OF SECTION 00 21 131 INSTRUCTIONS TO BIDDERS Page 1 of 9 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102152 Temporarily Revised April 24, 2020 due to COVID19 Emergency DDSECTION 00 21 13 INSTRUCTIONS TO BIDDERS DEVELOPER AWARDED CONTRACTS FOR PUBLICLY BID PROJECTS ONLY 1. Defined Terms 1.1. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.1.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.1.2. Successful Bidder: The responsible and responsive Bidder to whom Developer/City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither Developer/City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. Developer/City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. All Bidders and their subcontractors are required to be prequalified for the work types requiring prequalification at the time of bidding. Bids received from contractors who are not prequalified (even if inadvertently opened) shall not be considered. Prequalification requirement work types and documentation are available by accessing all required files through the City’s website at: https://apps.fortworthtexas.gov/ProjectResources/ 3.1.1. Paving – Requirements document located at; Resources/Construction Documents/Contractor Prequalification/TPW Paving Contractor Prequalification Program 3.1.2. Roadway and Pedestrian Lighting – Requirements document located at; Resources/Construction Documents/Contractor Prequalification/TPW Roadway and Pedestrian Lighting Prequalification Program 3.1.3. Water and Sanitary Sewer – Requirements document located at; 02 - Construction Documents/Contractor Prequalification/Water and Sanitary Sewer Contractor Prequalification Program 00 21 132 INSTRUCTIONS TO BIDDERS Page 2 of 9 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102152 Temporarily Revised April 24, 2020 due to COVID19 Emergency 3.2. Each Bidder unless currently prequalified, must be prepared to submit to City within seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 3.2.1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. 3.2.2. TEMPORARY PROCEDURES DUE TO COVID-19: A Bidder whose prequalification has expired during the time period where a valid emergency order is in place (federal, state, local) and for 30 days past the expiration of the emergency order with the furthest expiration date – by day and month, will not be automatically disqualified from having the Bidder’s bid opened. A Bidder in this situation will have its bid opened and read aloud and will be allowed 5 business days (close of business on the 5th day) to submit a complete prequalification renewal package. Failure to timely submit, or submittal of an incomplete package, will render the Bidder’s bid non-responsive. If the prequalification renewal documents show the Bidder as now not-qualified, the bid will be rendered non- responsive. A Bidder may not use this exception to seek a prequalification status greater than that which was in place of the date of expiration. A Bidder who seeks to increase its prequalification status must follow the traditional submittal/review process. 3.3. The City reserves the right to require any pre-qualified contractor who is the successful bidder(s) for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule, to assist the City in evaluating and assessing the ability of the successful bidder(s) to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Failure to submit the additional information, if requested, may be grounds for rejecting the successful bidder as non-responsive. 3.4. In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder shall: 4.1.1. Examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by Developer/City or any representative of the Developer/City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Developer/City. 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 00 21 133 INSTRUCTIONS TO BIDDERS Page 3 of 9 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102152 Temporarily Revised April 24, 2020 due to COVID19 Emergency 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. 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." 4.1.5. 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. 4.1.6. 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. 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. 4.1.7. 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. 4.1.8. Promptly notify Developer of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the Developer shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 – Supplementary Conditions for identification of: 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by Developer in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the Developer nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 00 21 134 INSTRUCTIONS TO BIDDERS Page 4 of 9 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102152 Temporarily Revised April 24, 2020 due to COVID19 Emergency 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by Developer in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given Developer written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by Developer are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by Developer as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. 5.1. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Developer. 00 21 135 INSTRUCTIONS TO BIDDERS Page 5 of 9 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102152 Temporarily Revised April 24, 2020 due to COVID19 Emergency 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to Developer’s/City’s representative. Interpretations or clarifications considered necessary by Developer in response to such questions will be issued by Addenda delivered to all parties recorded by Developer as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding Oral and other interpretations or clarifications will be without legal effect Address questions to: Huitt-Zollars, Inc, 500 W. 7th Street, Suite 300 Fort Worth, TX 76102 Attn: Jordan V. Marlia, PE, Huitt-Zollars, Inc. Email: jmarlia@huitt-zollars.com Phone: 817-335-3000 AND/OR City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Attn: Soon Wong, PE, City of Fort Worth Water Department Fax: 817-392-8195 Email: soon.wong@fortworthtexas.gov Phone: 817-392-8369 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by Developer/City. 6.3. Addenda or clarifications may be posted via Dropbox 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of Developer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Developer’s representative will transmit to all prospective Bidders of record such Addenda as Developer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by Bid Bond made payable to Developer in an amount of five (5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting the requirements as listed in the General Conditions. 00 21 136 INSTRUCTIONS TO BIDDERS Page 6 of 9 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102152 Temporarily Revised April 24, 2020 due to COVID19 Emergency 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and deliver the complete Agreement within 10 days after the Notice of Award, Developer may consider Bidder to be in default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. Such forfeiture shall be Developer's exclusive remedy if Bidder defaults. The Bid Bond of all other Bidders whom Developer believes to have a reasonable chance of receiving the award will be retained by Developer until final contract execution. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or-Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or-equal" items. Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Section 01 25 00 of the General Requirements. 11. Bid Form 11.1. All blanks on the Bid Form must be completed by printing in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered legibly, in ink or type, for which the Bidder proposes to do the work contemplated or furnish materials required. 11.2. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate name, address and state of incorporation shall be shown below the signature. 11.3. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official name and address of the partnership shall be shown below the signature. 11.4. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The name and state of formation of the firm and the official address of the firm shall be shown. 00 21 137 INSTRUCTIONS TO BIDDERS Page 7 of 9 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102152 Temporarily Revised April 24, 2020 due to COVID19 Emergency 11.5. Bids by individuals shall show the Bidder's name and official address. 11.6. Bids by joint ventures shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 11.7. All names shall be typed or printed in ink below the signature. 11.8. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 11.9. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 11.10. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 – Vendor Compliance to State Law Non Resident Bidder. 12. Submission of Bids 12.1. Bids shall be submitted on the prescribed Bid Form and proposal form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to City of Fort Worth Project Manager, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number, Project title, the name and address of Bidder, and accompanied by the Bid security, if required, and other required documents. 13. Modification and Withdrawal of Bids 13.1. Bids cannot be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. After all Bids not requested for withdrawal are opened and publicly read aloud, the Bids for which a withdrawal request has been properly filed may, at the option of the Developer/City, be returned unopened. 13.2 Bidders may modify their Bid by electronic communication at any time prior to the time set for the closing of Bid receipt. 14. Opening of Bids 14.1. Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 00 21 138 INSTRUCTIONS TO BIDDERS Page 8 of 9 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102152 Temporarily Revised April 24, 2020 due to COVID19 Emergency 15. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. Developer/City may, at their sole discretion, release any Bid and nullify the Bid security, if required, prior to that date. 16. Evaluation of Bids and Award of Contract 16.1. Developer/City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Developer/City believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by City. Developer/City also reserves the right to waive informalities not involving price, contract time or changes in the Work with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.1.1. Any or all bids will be rejected if Developer/City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against Developer/City, Developer/City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the Developer/City will prevent or hinder the prompt completion of additional work if awarded. 16.2. Developer/City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the Developer/City. Developer/City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.3. Developer/City may conduct such investigations as Developer/City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Developer’s/City's satisfaction within the prescribed time. 16.4. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by Developer/City indicates that the award will be in the best interests of the Developer/City. 00 21 139 INSTRUCTIONS TO BIDDERS Page 9 of 9 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102152 Temporarily Revised April 24, 2020 due to COVID19 Emergency 16.5. Failure or refusal to comply with the requirements may result in rejection of Bid. 17. Signing of Agreement 17.1. When Developer issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement. The Contractor shall sign and deliver the required number of counterparts of the Agreement to Developer’s representative with the required Bonds, Certificates of Insurance, and all other required documentation. END OF SECTION 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 1 of 3 SECTION 00 4100 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY TO: The Purchasing Manager c/o: The Purchasing Division 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. Units/Sections: 102152 FID:30114-0200431-102152-E07685 X-26391 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Developer 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 2.2. 2.3 2.4 2.5. 2.6. 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. 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 in the construction contract. 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. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. Bidder has not solicited or induced any individual or entity to refrain from bidding. 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 anything 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 Developer (b) to establish Bid prices at CIN OF FORT WORTH STANDARD CONSTRUCTION BID FORM—DEVELOPER AWARDED PROJECTS Form Revised April 2, 2014 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No.102152 0o at o0 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 2 of 3 artificial non-competitive levels, ar(c) to deprive Developer of the benefts of free and open competition. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Developer, a purpose of which is to establish Bid prices at artificial, non-competitive levels. "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. c. f� 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. � Wastewater New Development, Rehabilitation, and Redevelopment Open Cut and Trenchless (48" and under) Asphalt Paving Construction/Reconstruction (less than 15,000 square yards) 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within fiUU w�srki�z� tiays after the date when the Contract Time commences to run as provided in the General Conditions. 4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Bid Bond (if required), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c. Proposal Form, Section 00 42 43 d. MBE Forms (if required) e. Prequalification Statement, Section 00 45 12 f. Any additional documents that may be required by Section 12 of the Instructions to Bidders g. Bidder pre-qualification application (optional) 6. Total Bid Amount 6.1 6.2. 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. Note bids will be delivered to the Developer at City Hall, opened at City Hall, but awarded by the Developer. 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 modifcation 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. CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM —DEVELOPER AWARDED PROJECTS Form Revised April 2, 2014 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No.102152 00 41 00 DAP BiD FORM FOR POBLICLY BID PROJECTS ONLY Page 3 of 3 7. Bid Submittal This Bid is submitted on MARCH 18, 2021 Respectfully submitted, By: ( i��t�ttiire} (Printed Name) Title: Chief Executive Officer Company: Ark Contracting Services, LLC Address: 420 S. Dick Price Road Kennedale, TX 76060 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 State of Incorporation: Texas Email: mnorth@acsntx.com Phone: 817.478.7400 END OF SECTION CIN OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROJECTS City Project No.102151 Form Revised April 2, 2014 3/18/2021 00 9' 43 Unil 1 DAP - Bm PROYOSAL Page I oF'_ SECTION 00 42 43 �e�eloper Awarded Projects - PROPOSAL FORM 5anitary Sewer Intrrse�lur I�u��ro�•rmrnts M-295 and M-329 UNIT 1 PRICE BID Bidder's Application Projec[ I[em InFoimation Bidlist ltem No. Descrip[ion LMIT 7: SANITARY SEWER IMpRpVEMEIVl 1A" 3331 4416 36" Sewer Pipe (ASTM F679 PS115), CSS Backfill 1B* 3331.4422 36" Fiber lass Sewer Pipe (D3262 SN721, CSS Back£II 2A' 3331.4414 36" Sewer Pipe (ASTM F679 PS115) 2B' ,3331.4421 36" Fiber lass Sewer Pi e D3262 SN72) 3A' 3331.4402 30" Sewer Pipe (ASTM F679 PS115), CSS Backfill 3B' 3331.4409 30" Fiber lass Sewer Pipe (D3262 SN72), CSS Backfill 4A" 3331.4401 30" Sewer Pipe (ASTM F679 PS115) 4B' 3331.4408 30" Fiberalass Sewer Pioe D3262 SN72 5A' 3331.4309 21" Sewer Pipe (ASTM F679 PS115), CSS Backfill 5B" 3331.4311 21" Fiber lass Sewer Pi e D3262 SN72), CSS Backfill 6A' 3331 4414 21" Sewer Pi e(ASTM F679 PS115) 6B" 3331.4421 21" Fiber lass Sewer Pi e p3262 SN72 7A" 3305.3013 36" Sewer Carrier Pi e ASTM F679 PS115 7B' 3305.3013 36" Sewer Carrier Pipe FRP D3262 SN72 $A„ 3305.1305 60" Tunnel Liner Plate By Other Than Open Cut, 36" ASTM F67� iPS115 8B, 3305 1304 54" Tunnel Liner Plate By Other Than Open Cut, 36" FRP D3262 SN72 9A' 3305.3012 30" Sewer Carrier Pi e ASTM F679 PS115 9B" 3305.3012 30" Sewer Carrier Pi e FRP p3262 SN72 10A' 3305 1203 48" Casing(Tunnel Liner Plate By Other Than Open Cut, 30" ASTM F679 PS115 10B' 3305.1202 42" CasinglTunnel Liner Plate By Other Than Open Cut, 30" FRF D3262 SN72 11 3331.4115 B" Sewer Pipe 12 3331.4201 10" Sewer Pipe 13 3331.4208 12" Sewer Pipe 14 3331 3312 6" Sewer Service, Recannection 15 iD171.0101 Construction Survev Stakin 16 �D171.0102 Red Line Drawin s for As-Builts (GPS) 17 i�241.0401 Remove Concrete Drive 18 0241.0402 Remove As halt Drive 19 0241.0500 Remove Barbed Wire Fence 20 0241.0500 Remove Wrou ht Iron Fence 21 0241.0500 Remove Steel Tube Fence 22 0241.0500 Remove Hoq Wire Fence 23 0241.0500 Remove Wood Fence 24 0241.0700 Remove Mailbox 25 0241.2001 Sanitary Line Groutin 26 0241.2110 21" Sewer Abandonment Plu 27 �D241.2201 Remove 4' Sewer Manhole 28 �D241.4401 Remove HeadwalllSET 29 �0241.5001 Abandon Manhole 30 �D330.0001 Concrete Encase Sewer Pipe 31 3110.0102 6"-12" Tree Removal 32 3110.0103 12"-18" Tree Removal 33 3110.01041B"-24"TreeRemoval 34 3110.0105 24" and Lar er Tree Removal 35 3125.0101 SWPPP? 1 acre 36 3201.0115 Perm. B' W ide Asphalt Pvmt, Residential 37 3201.0400 Tem orary Asohalt Pavin Re air. Enon Avenue 38 3211.0313 8" Flexible Base, T e D. GR-1 39 3212.0302 2" Asphalt Pvmt Tvpe D, Enon Avenue 40 3212.0501 4" Asphalt Base TVAe B, Enon Avenue 41 3213.0401 6" Concrete Drivewav 42 3231 0132 5' Wro ht Iron Fence 43 3231.0142 5' Steel Tube Fence 44 3231.0211 Barbed Wire Fence Metal Posts. 5 SYrand 45 3231.0212 Hoa Wire Fence. Metal Posts Bidder's Proposal Uni[ of Specification B�d Quantity Uni[ Price Bid Value Measure Section No iTA 14+46.95 Tfl 5€A � 38+8$.A4 LF 33 11 10, 33 31 NO BID � 2D LF 333113 20 $191-00 LF 33 11 10, 33 31 NO BID 1 �� 9018 LF 373113 1.018 $183.00 LF 331110,3331 NOBID t'� a 175 LF 33 31 13 175 $179,00 LF 33 11 10, 33 31 NO BID 1 � 7 799 LF 333193 7,719 $]78.00 LF 33 11 10, 33 31 NO BID 1 � 40 LF 33 31 13 40 $175.00 LF 33 11 10, 33 31 2,g27 NO BID LF �7 31 13 2.627 $171.00 LF 33 05 24 800 NO BID LF 33 05 24 800 $194 00 LF 33 OS 21 800 NO BID LF..,. ,._ ... ...... ..- --- -- LF 33 05 24 442 LF 33 05 24 442 $213.00 LF 33 05 21, 33 NO BID 05 22 442 LF 340521,33 05 22 442 $879.00 LF 33 11 10, 33 31 12. 33 31 20 40 $57.00 LF 33 11 10, 33 31 1 33 31 2D 3? $65 00 LF 33 11 10, 33 31 12 33 31 2p 5 $133.00 EA 33 31 50 5 $1.594.OD LS 01 71 23 1 $98 714.00 LS 01 71 23 1 $2p 214,00 SF 024113 1.070 $1,p0 SF 02 41 13 180 $2.00 LF p2 41 '13 605 $4.00 LF p2 41 13 100 $4.00 LF p2 4� 13 70 $4.00 LF 02 41 13 420 $4.00 LF 02 4'! � 3 70 $4 00 EA 02 41 13 2 $375 00 CY 02 41 14 460 $163.00 EA 02 41 14 g $1.497.00 EA 02 41 14 18 $9.497.00 EA 02 41 14 1 $3.420.00 EA 02 41 14 5 $2.995.00 CY 03 30 00 �10 $161_00 EA 311000 1B1 $257.00 EA 311000 1q $672.pp EA 31 10 00 5 $2.'166.00 EA 31 10 00 10 $2,565 00 LS 31 25 00 1 $5.700 00 LF 32 01 17 169 $81.00 LF 320118 2,300 $14.00 SY 32 11 23 6 652 $25.00 SY 321216 7,p11 $13.00 SY 321216 6.652 $21.00 SF 32 13 20 1.070 12 00 LF 313126 100 $129.00 LF 32 31 13 70 $141 00 LF 32 31 13 605 $11.00 LF 32 31 26 420 �31.00 NO BID $3.820.00 NO BID $186,294.00 NO BID $31.325.00 NO BID $1 �373, 962 00 NO BID $7.p00.D0 NO BID $449,217.00 NO Blp $155,200.00 NO BID NO BID $388.518. �750.00 935.99 473.00 946.00 S1 53 S7G CfCY OF FORT WORTH AdJenJum No 4 STANDARD CONSiRUCiION SPEC�ICATION DOCUMEMS - DEVELOPER AWARDED PROILCTS Snnilary Sewur Ini�•rceplor Improvemenls M-�95 md M-3'_9 �armVersionMay'_2,'_019 CiiyProjectNa 10?IS? 3/18/2021 SECTION 00 42 43 004'_43 Uni[1 llAP - BID PROPOSAL Pnge � of'_ DQ�eiaper Awarded Projects - PROPOSAL FORM Sanitar • Sewer [nterre rtor in� �rn�•entents M-295 and M-329 UNIT 1 PRICE BID Bidder's Application Pioject Item Infoimaliou Biddels Pmposal Bidlis[ I[em Descriptiou Unit oF Specification Bid Quan[ity Unif Piice Bid Value No Measure Section No 46 3231 0411 4' Fences, Wood LF 32 31 29 70 $115.00 $8 050.00 47 3231 0303 B' Gate, Steel EA 33 31 28 28 $205.00 5 740.00 48 3292.0201 Utilit Surface Restoration Seedin SY 32 92 13 38.115 $1.00 $38.115.00 49 3301.0001 Pre-CCTV Inspection LF 33 01 31 3,660 $2.00 $7,719.96 50 3301.0002 Post-CCTV Ins ectipn LF 33 01 31 92 90(J $1.00 $12.9p0.00 51 3301.0101 Manhole Vacuum Testin FA 33 01 30 37 $1 497.00 $55 389 00 52 3303.0001 Bvpass Pumpinq (M-257 Section) LS 33 03 10 1 $57.000 00 $57,000.00 53 3303.0001 Bvpass Pum in (M-295 Sectionl LS 33 03 10 1 $79.800.00 $79.800.00 5A 3303.0001 Bvoass Pum in (M-329 5TA 112+zZ TO STA 138+89) LS 33 03 10 1 $57 000.00 $57.000.00 55 3305.0103 Ex loratory Excavation of Existin Utilities EA 33 05 30 ii $1.7�O.D0 $18.610.00 56 3305.0109 Trench Safet EA 33 05 i0 11 656 $1 00 $11.fi58.U� 57 3305.0110 Utilit Markers EA 33 05 26 31 $256.00 $7.936.00 58 3305.0112 Concrete Collar EA 33 OS 17 36 $5 164,00 $185 904.00 3339.0001 Epoxy Manhole Liner Warren Environmental 5-301-14 or 59 �Chesterton for Manholes VF 33 39 60 620 $283.00 $175 573.20 60 3339.0001 Epoxy Manhole Liner Warren Environmental 5-301-14 or SF 33 39 60 �Chestertan for Sewer Junction Box 541 $19.00 $10 279.00 61 3339.1001 4' Manhole EA J3 39 10, 33 39 11 $7.335.00 $80.685.00 62 3339 1003 4' E�ctra Depth Manhole VF 35 39 10, 33 39 107 $549.00 $58.743.00 63 3339.1101 5' Manhole EA 33 3s 10, 33 39 25 $9 153.00 $22B 825.00 64 3339.1103 5' Extra Depth Manhole VF 35 39 10, 33 39 297 $626.00 $185.922.00 65 33392001 Sanitary Sewer Junction Structure EA 33 39 10, 33 39 20 1 $66 677 00 $66.677.00 66 9999 0001 Permanent Turf reinforcement mats or equivalent, turf mat SY (moderatevelocit orotectionl 4,682 $��.OD $51,502.00 G7 3137.0102 Lar e Stone Ri rap, dry SY 31 37 00 a00 g66.p0 $27.20{].00 G8 3471.0001 COFW Traffic Control MO 3a 7� 13 4 $2 565 00 $10.26p.pp 69 3217 0007 4" SLD Pvmt Markin Ta e W LF 32 97 23 4.874 $4.00 $19 496 00 70 3217.Op08 4" SLD Pvmt Markin Ta e Y) LF 32 17 23 4,874 $4.00 $19 496.00 71 3217.0501 24" SLD Pvmt Markinq HAE (W) LF 32 17 23 16 $12.D0 $192.00 72 '9999.0002 3" As halt Drivewav w/ B" Lime Treated Base SY 32 12 16 � 70 $79.00 $13,430.00 73 �9999.0003 Permanent Gas Well Access Road Repair LF 99 99 99 50p $27.00 $13,50D.00 74 �8999,0004 Stabilized Construction Entrance SY 31 25 00 4p0 $15.00 $6 000.00 75 9999.0005 Odor Control Unit and Assemblv EA 99 99 99 7 $5,988.p0 $62,916.00 7S 9999.0006 Tree Protection Tem orary Construction Fence LF 31 25 00 8.092 $1.00 $8,092.00 77 9999 0007 Tem orary Chain Link Fence LF 32 3� � 3 372 $3.00 $1.1 T8.90 78 9999.0008 Tem prary Barbed Wire Fence LF 32 31 26 592 $3.00 $1 776 OD 79 9999.0009 Construction Allowance LS 99 99 99 1 $250.000.00 $250,000.00 NOTES�: CONTR4CTOR TO PROVIDE UNIT PRICE/BID VALUE FOR ONLY ONE OF THE MATERIAL ALTERNATES FOR ITEMS A AND B DO NOT PROVIDE UNIT PRICE/BID VALUES FOR EACH ALTERNATE SUB-TpTAL UNIT 1 SANITARY SEVYER IMPROYEMENTS CfIY OR fORT WORTFf AJdendum No 4 STANDARD CONSTRUCTION SPECQ� ICAT[ON DOCUMENfS - DEVEIAPCR A WARDLD PRO.iECTS Sanilary Se�ver fnlerceplar Mpro�zmenls M-'_95 and M-3�9 FormVersionMuy'_�,'_019 CilyProjcclNa 10215? 3/18/2021 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Sanitary Sewer Interceptor Improvements M-295 and M-329 UNIT 2 PRICE BID 00 4? 43 Unil 3 DAP-BIDPROPOSAL Page I of2 Bidder's Application Project Item informa[ion Bidder's Pioposal BidGst 1[em Unit of Specification Bid No. Description Measure Section No Quantity Uni[ Piice Bid Value UNIT 2: SANITARY SEWER IMPROVEMENTS STA 138+gg,44 TO STA 168+35.67 1A" 3331.4308 21" Sewer Pipe (ASTM F679 PS46) LF 3111 10�33 31 3.340 NO BID NO BID 1 B" 3333.d331 21" Flbe lass Sawer Pi e D3262 SN4$ LF 33 31 13 3 340 $171.Op $571,140.00 2A' 3331.4309 21" Sewer Pipe (ASTM F679 PS46), CSS Backfill LF 31 11�1�0�; 21 � 110 NO BID NO BID 26" 3339.4311 21" Fiber lass Sewer Pine (D3262 SN46). CSS Backfill LF 33 31 13 110 $172.00 $18.920.D0 3A" 43305.1201 36" CasinglTunnel Liner Plate By Other Than Open Cut, 21" �F 33 05 21, 33 NO BID NO BID ASTM F679 PS46 05 22 62 3B, 3305.1005 30" Casinglfunnel Liner Plate By Other Than Open Cut, 21" FRP LF 33 05 22 D3262 SN46 62 $669.00 $41,476_00 RA' 3305.3009 21"Sewer Carrier Pi ASTM F679 PSAfi LF 33 0524 62 NO B1D NO BID 4B" 3305.3009 21" Sewer Carrier Pi e FRP p3262 SN46 LF 33 05 24 62 $184.00 $11.408.00 5 3331.4115 8" Sewer Pipe LF 33 � � 10, 33 3� 92 33392D 20 $65.00 $1.300.00 6 3331.3312 6" Sewer Service, Reconnection EA 33 31 50 3 $1.659.00 $4.977.00 7 �D171.0101 Construction Surve Stakin LS 01 71 23 1 $45.269.19 $45 269.99 8 ❑171.Q7p2 Red Line Drawu� s for Rs-8uills G�5 LS p1 71 23 1 $5,520.00 $5,520.00 9 0241.QfflU Remo�e and i�epface As Eialt 5idawalk SF 02 49 13 1 599 $9.00 $14.391.00 10 �9999.pp01 7' Wide Tem ora As halt Sidewalk LF 32 01 17 314 $17.00 $5,338.00 10 i�241.0500 Remove & Replace Fence LF 02 41 13 1.600 $4_00 $fi.400.00 19 0241.2001 Sanita Line Groutin CY 02 41 14 36 $163_00 $5,838.66 12 0241.2106 16" Sewer Abandonment Plu EA 02 41 14 2 $1,498.00 $2.996.00 13 0241.2201 Remove 4' Sewer Manhole EA 02 41 14 6 $1,490.00 $6,988.00 14 0241.3013 Remove 16" Starm Line LF 02 41 14 24 $8.00 $192.D0 15 3341.0103 18" RCP, Class III LF 33 41 10 p4 $97.00 $2.328.Op 16 3110.0102 6"-12" Tree Removal EA 31 10 00 47 $257.00 $12,079.00 17 3110.0103 12"-18" Tree Removal EA 31 10 00 1g $672.00 $12,096.00 18 3110.0104 18"-24" Tree Removal EA 31 10 00 2 $2.166.00 $4 332.00 19 3110.0105 24" and Lar e Tree Removal EA 31 10 00 1 $2.565.00 $2.565.00 20 3125.0101 SWPPP >_ 1 acre LS 31 25 00 1 $5 700.00 $5,700.00 21 3201.0115 Perm. 8' Wide As halt Pvmt Re air. Residential LF 32 01 17 1 189 $81.00 $96 309.00 22 3201.0616 Concrete Pvmt Repair, Arterial/Industrial SY 32 01 29 57 $391.00 $22.287.p0 23 3292.0201 Utility Surface Restoration Seedin SY 32 92 13 6,960 $1.00 $6.960.00 24 3301.0001 Pre-CCN Ins ection LF 33 01 31 47p $2,00 $940.00 25 3301.0002 Post-CCN Ins ectipn LF 33 01 31 3.532 $1.00 $3 532.00 26 3301.0101 Manhole Vacuum Testin EA 33 01 30 12 $1,497.00 $17,9fi4.00 27 3303.0001 Bvpass Pumpinq LS 33 03 10 1 $9,234,00 $9,234,00 26 3365.ODQ3 8" Waler[ine Lpwerin EA 33 OS 12 1 $7,749.00 $7 749.00 29 3305.0103 Explorato Excavation of Existin Utilities EA 33 05 30 5 $1,710.00 $8 550.00 30 3305.0109 Trench Safet LF 33 05 10 3,450 $1.p0 $3.450.00 31 3305.0110 Utili Markers EA 33 05 26 7 $187.00 $1,309.00 32 3305.0112 Concrete Collar EA 33 05 17 12 $5.164.00 $61 968.00 33 3339.0001 Epoxy Manhole Liner Warren Environmental 5-301-14 or VF 33 39 60 Chesterton 111 $283.00 $3�.413.00 34 3339.1001 4' Manhole EA 33 39 10, 33 39 0 11 $7.565.00 $83.215.00 35 3339.1003 4' Extra Depth Manhole VF 35 39 10, 33 39 47 $549.00 $25.803.00 36 3339.1002 4' Drop Manhole EA 34 39 10, 33 39 1 $10.]80.D0 $10180.00 37 3471.0001 COFW TraHic Conlrol MO 34 71 13 1 $2,565.00 $2.565.00 38 �939,Da07 Ddar Can�ral Und and Assemb EA 2 $9.033.00 $18,066.00 39 9999.0002 Stabilized Construction Entrance SY 31 25 00 100 $�5.00 $1,500.00 AO 8899,pQ03 Tree Pralection 7em ora Cons[nrciinn Fence LF 31 25 DO 976 $7.pQ $978.00 41 9999.Q604 Cvnstru�llan Aflawanee LS 1 SBQ,OQ0.00 $8�.a0d_Ofl NOTES': CONTRACTOR TO PROVIDE UNIT PRICE/BID VALUE FOR ONLY ONE OF THE MATERIAL ALTERNATES FOR ITEMS A AND B DO NOT PROVIDE UNIT PRICE/BID VALUES FOR EACH ALTERNATE SUB-TOTAL UNIT 2: SANITARY SEWER IMPROVEMENTS CI"fYOFFORTWORTH AddmdumNo 9 STANDARD CONSiRUCT[ON SPEC�ICATION OOCUMENTS - DEV ELOPER AW ARDED PROlECTS Sanilary Sewer Intaceplor Improvanmlx M-295 and M-3?9 FormVcrsionMay�2,2019 CilyProjec�No 10215? 3/IS/2021 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Sanitary Sewer Interceptor Improvements M-295 and M-329 UNIT 2 PRICE BID aa az a� u��c � DAP-BIDPROPOSAL Puge2 of� Bidder's Application Project Item Information Bidder's Proposal Bidlist I[em Unit of Specifica[ion Bid No Description Measure SectionNo. Quantity Uni[Price BidValue Bid Summary 11h71T 1: SAi�lfTAftY SEWER IMPROVEMENTS (STA 10+4$.96 Tfl STA 73$+$$ � UNIT 2: SANITARY SEWER IMPROVEMENTS [5TA 136+gg TO STA 168+35.61 This Bid is submitted by the eotity oamed below: BIDDER: Ark Con[i�cling Scrvices, LLC 420 S. Dick Price Roxd Kennedale, TX 76060 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the Ceneral Condi[ions. END OF SECTION Total Cons[ruc[ion Bid $6,322.771.15 $1,277,227.65 BY: M1'IarkNa[h TITLE: ChicfL:�rn nrOfficer DATE: 3/ I 82021 600 working days aRer [he date when [he CI7Y OF FORT WOR7H Addmdum Na 4 STANDARD CON57RUC710N SPEC�ICATION DOC[7MENT5 - DEVEIAPER A WARDED PROIECTS Sanilary Sewcr lntcrc ylur LnprovenmL M-295 and M329 Fonn Vasion May 23, 3019 Cily Proj cl No 10215? iNE � GUARANTEE� bn �i� �i:�c'�� canva+rY BID BOND BOND NO. Bid Bond KNOW ALL MEN BY THESE PRESENTS, That we, Ark Contracting Services, LLC 420 South Dick Price Road, Kennedale, TX 76060 �s Principal, and Atlantic Specialty Insurance Company, a corporation duly organized under the laws of the State of New York, as Surety, are held and firmly bound unto City of Fort Worth as Obligee, in the sum of Five Percent of Greatest Amount Bid �� 5% GAB ) Dollars for the payment of which Principal and Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Principal has submitted a bid for CPN: Sanitary Sewer Interceptor Improvements M-295 and M-329 the Project. NOW, THEREFORE, if the Obligee accepts the bid of the Principal and the Principal enters into a Contract with the Obligee for the Project; or, if the Principal pays the Obligee the amount of this Bond or the difference between Principal's bid and the next lowest bid for the Project, whichever is less: this obligation is null and void, otherwise to remain in full force and effect. Signed and sealed this 18th day of March 20 21 Ark Contracting r�ices, Ll�C BY: Witness Priraci I ITS: !�� � Witness Rev. 7/27/2020 Atlantic Specialty Insurance Compa�y� BY: Attorney-In-�act� rdan A itts ~ ^ Page 1 of 1 605 Highway 169 North, Suite 800, Plymouth, Minnesota, USA 55441 � Tel: 1-800-662-0156 � www.onebeaconsurety.com inta�t iNsuenNce Pov�r�er of P►ttorne� KNOW ALL MEN BY THESE PRESEN'TS, that ATLAN'I'IC SPECIALT'Y INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby consfitute and appoint: William D. Birdsong, Lloyd Ray Pitts Jr., Jordan A. Pitts, each individually if there be more than one named, its u�ue and lawful Attorney-in-Fact, to make, execute, seal and deliveg for and on its behalf as surety, any and all bonds, recognizances, conuacts of indemnity, and all other wriungs obligatory in the nature thereof; provided that no bond or u�dertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resoluuons adopted by the Board of Directors of ATLANT'IC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attomey-in-Fact and revoke all power and authority given to any such Attorney-in- Fact. Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other wriungs obligatory in the nature thereof, and any such instrument e�cecuted by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attomey is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANT'IC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attomey or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond, undenaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being 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. IN WITNESS WHEREOF, ATLANTIC SPECIALT'Y INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seven�i day of April, 2020. STATE QF MiNNES�TA HENNEPI�? CUUNTY = � �p�voa,q F�'ti -_ �] � _ � 5 �AL n � '(,f�� ``= t98fi v.' By '�6��E�' YnP�dar'. Paul J. Brehm, Senior Vice President .., ��a. ���.� h x On this twenty-s•rventh da,y of t�pril, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTTC SPECIALTY INSURANCE COMPANY, to me personally ]mown t� oe tne individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said insuvment by the authority and at the direction of the Company. .;y�`,� ����;` ALISON DWAN NASH•TROUT �NOTARY PUBLIC • MINNESOTA My Commisalan Exptres January 31, 202b ���1��,�- Notary Public I, the undersigned, Secretary of A'TLAN'TIC SPECIALTI' INSURANCE COMPANY, a New York Corporauon, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resoluuons set forth above aze now in force. Signed and sealed. Dated 1 Bth day of March 2021 This Power of Attomey expires January 31, 2025 . , 4`P4� � � �+� SG�9y _Q �nFpUR.t�F ��: _� bEA.� _ '— 199� o' �-�"6 v�w oQ1� �y'r'� Y � .,4 jY' +r ��d `p', .,.ti.,..��.. .. �Q�c�w.�� Kara Barrow, Secretary Please direct bond verificauons to y�r�l�{�� tit�iciinsura��re.�um CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No.102152 00 45 11 - 1 BIDDERS PREQUALIFICATIONS Page 1 of 3 SECTION 00 45 11 BIDDERS PREQUALIFICATIONS 1. Summary. All contractors are required to be prequalified by the City prior to submitting bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder Prequalification Application in accordance with the requirements below. The prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. The information must be submitted seven (7) days prior to the date of the opening of bids. For example, a contractor wishing to submit bids on projects to be opened on the 7th of April must file the information by the 31st day of March in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder’s Prequalification Application, the following must accompany the submission. a. A complete set of audited or reviewed financial statements. (1) Classified Balance Sheet (2) Income Statement (3) Statement of Cash Flows (4) Statement of Retained Earnings (5) Notes to the Financial Statements, if any b. A certified copy of the firm’s organizational documents (Corporate Charter, Articles of Incorporation, Articles of Organization, Certificate of Formation, LLC Regulations, Certificate of Limited Partnership Agreement). c. A completed Bidder Prequalification Application. (1) The firm’s Texas Taxpayer Identification Number as issued by the Texas Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification number visit the Texas Comptroller of Public Accounts online at the following web address www.window.state.tx.us/taxpermit/ and fill out the application to apply for your Texas tax ID. (2) The firm’s e-mail address and fax number. (3) The firm’s DUNS number as issued by Dun & Bradstreet. This number is used by the City for required reporting on Federal Aid projects. The DUNS number may be obtained at www.dnb.com. d. Resumes reflecting the construction experience of the principles of the firm for firms submitting their initial prequalification. These resumes should include the size and scope of the work performed. e. Other information as requested by the City. 2. Prequalification Requirements a. Financial Statements. Financial statement submission must be provided in accordance with the following: (1) The City requires that the original Financial Statement or a certified copy be submitted for consideration. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No.102152 00 45 11 - 2 BIDDERS PREQUALIFICATIONS Page 2 of 3 (2) To be satisfactory, the financial statements must be audited or reviewed by an independent, certified public accounting firm registered and in good standing in any state. Current Texas statues also require that accounting firms performing audits or reviews on business entities within the State of Texas be properly licensed or registered with the Texas State Board of Public Accountancy. (3) The accounting firm should state in the audit report or review whether the contractor is an individual, corporation, or limited liability company. (4) Financial Statements must be presented in U.S. dollars at the current rate of exchange of the Balance Sheet date. (5) The City will not recognize any certified public accountant as independent who is not, in fact, independent. (6) The accountant’s opinion on the financial statements of the contracting company should state that the audit or review has been conducted in accordance with auditing standards generally accepted in the United States of America. This must be stated in the accounting firm’s opinion. It should: (1) express an unqualified opinion, or (2) express a qualified opinion on the statements taken as a whole. (7) The City reserves the right to require a new statement at any time. (8) The financial statement must be prepared as of the last day of any month, not more than one year old and must be on file with the City 16 months thereafter, in accordance with Paragraph 1. (9) The City will determine a contractor’s bidding capacity for the purposes of awarding contracts. Bidding capacity is determined by multiplying the positive net working capital (working capital = current assets – current liabilities) by a factor of 10. Only those statements reflecting a positive net working capital position will be considered satisfactory for prequalification purposes. (10) In the case that a bidding date falls within the time a new financial statement is being prepared, the previous statement shall be updated with proper verification. b. Bidder Prequalification Application. A Bidder Prequalification Application must be submitted along with audited or reviewed financial statements by firms wishing to be eligible to bid on all classes of construction and maintenance projects. Incomplete Applications will be rejected. (1) In those schedules where there is nothing to report, the notation of “None” or “N/A” should be inserted. (2) A minimum of five (5) references of related work must be provided. (3) Submission of an equipment schedule which indicates equipment under the control of the Contractor and which is related to the type of work for which the Contactor is seeking prequalification. The schedule must include the manufacturer, model and general common description of each piece of equipment. Abbreviations or means of describing equipment other than provided above will not be accepted. 3. Eligibility to Bid a. The City shall be the sole judge as to a contractor’s prequalification. b. The City may reject, suspend, or modify any prequalification for failure by the contractor to demonstrate acceptable financial ability or performance. c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No.102152 00 45 11 - 3 BIDDERS PREQUALIFICATIONS Page 3 of 3 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid the prequalified work types until the expiration date stated in the letter. END OF SECTION 00 45 12 DAP PREQOALIFICATION STATEMENT Page 1 of 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major wark type(s) listed. fri the '`Ma'or Woric `T e" �ax ra�idG t�zc com lete:����'nr ��ork t e asid acival descri tion as ro�i�3ed b tize Water �epartmes3t iar water and scwer ai�d 'i`Y�V [�nr ylvin�. Major Work Type Contractor/Subcontractor Company Name Prequalification Ex iration Date Wastewater New Development, Ark Contracting Services, LLC 07/08/2021 Rehabilitation, and Redevelopment Open Cut and and Trenchless (48" and under) Sundance Construction 04/29/2021 Asphalt Paving Texas Bit 12/O1/2022 Construction/Reconstruction (less than 15,000 square yards) The undersigned hereby certif es that the contractors and/or subcontractors described in the table above are currently prequalifed for the work types listed. BIDDER: Ark Contracting Services, LLC 420 S. Dick Price Road Kennedale, TX 76060 BY: Mark North (Signature) TITLE: Chie Executive Offcer DATE: 03/18/2021 END OF SECTION CIN OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT—DEVELOPER AWARDED GROJECTS City Project No.10215� Form Version September 1, 2015 00 �s ?� - � CONTRACTOIt COIvIPL[ANCG 1VITFl \\'ORKER'S CONiPENSA-CION LA�V Page I of I 2 3 4 5 6 7 8 9 10 il 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 S�CTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to TeYas Labor Code Section 406.096(a), as amended, Conh-actor certities that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 102152. Contractor furdier certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certit7cates of compliance with �vorker's compensation coverage. CONTRACTOR: Ark Contracting Services, LLC Company 420 S Dick Price Rd Address Kennedale, TX 76060 City/State/Zip THE STATE OF TEXAS COUNTY OFTAR.R-ANT By: Mark R. North (Please Pri ) Signat�ire: Tltle: Chief Executive Officer (Please Print) � � BEPORE ME, the undersi� ied authority, on this day personally appeared ��a,�e'� �C�� , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she erecuted the same as the act and deed of �-v� for the pur��oses and consideration therein expressed and in the capac� therein stated. �VEN UNDER MY HAND AND SEAL OF OFPICE this � day of ��r1.2. , 20 � >�° °' BRENDA LEE COMEAUX z e` Notary ID N1320Z4165 ' � My Commission Expires �_ ��<< �: ��' May 22, zoz3 Notary Public in and far die State of Texas END OI' SECTION C[TY OF PORT 4VORl�1 I Sanitary Sen�er Irrterceptor /mpi•oren�ertls �Lf-2).i mrd M-33> STANDr\RD CONSTRUCTION SPL-CIFICATIOV DOCUNtENTS C1n P�o/ecr,vo. 10�152 Revised Ap�il 2, 2014 FORTWORTH.: ATTACHMENT1B Page 1 of 1 City of Fort Worth Business Equi#y Division Prime Contractor Waiver Form PRIME/OFFEROR } } Check applicable box to describe Prime/ COMPANYNAME: Ark COI1LraCLII1g SGC�VICeS, LLC Offeror'sCertification �usiness Non-Busin�ss PROJECT NAME: F_quity tirn i � �q�iit iirm Sanita Sewer Interce tor Im rovements M-295 & M-329 BID DATE rY p p 03/18/2021 City's Business Equity Goal: Offeror's Business Equiry Project Commitment: PROJECT NUMBER 7 0�0 7 ' o�0 102069 If both answers to this form are YES, do not complete ATTACHMENT 1 C(Good Faith Effort Form). All questions on this form must be completed and provide a detailed explanation. If the answer to either question is NO, then you must complete ATTACHMENT 1 C. This form is only applicable if both answers are yes. Failure to complete this form in its entirety and be received by the Purchasinq Division no later than 2:00 p.m., on the second Citv business dav after bid openinq, exclusive of the bid opening date, will result in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? � YES If yes, please provide a detailed explanation that proves based on the size and scope of this � NO project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? � YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. � NO The Prime/Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including Business Equity firms on this contract, the payment thereof and any proposed changes to the original Business Equity firm arrangements submitted with this bid. The Prime/Offeror also agrees to allow an audit and/or examination ofi any books, records and files held by their company that will substantiate the actual work performed by the Business Equity firms on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract and may result in a determination of an irresponsible Prime/ Offeror and bar�,�d from �artici�� in City work for a period of time not less than one (1) year. Mark North Chief Executive Officer Printed Signature Title Ark Contracting Services, LLC Company Name 420 S. Dick Price Road Address Kennedale, TX 76060 City/StatelZip Business Equity Division Email: DVIN BEOffice@fortworthtexas.gov Phone: (817) 392-2674 Contact Name (if different) 817.478.7400 Phone Number mnorth@acsntx.com Email Address 03/22/2021 Date Effective 01/01/2021 FORT W�RTH:�:� City of Fort Worth ATTACHMENT 1C Business Equity Division Page 1 of 4 Good Faith Effort Form PRIMEIOFFEROR I' } + Check applicable box to describe COMPANYNAME:ArI� COC�IrG�ClII1C� SP.I�VICP.S, LLC PrimelOfferor'sCertification BusinEss Equily � Non-Business PROJECT NAME: 1=iiiTi ❑ Lquiry Firm Sanitary Sewer Interceptor Improvements M-295 & M-329 BID DATE 03/18/2021 Business Equity Goal: Offeror's Business Equity Goal Commitment: PROJECT NUMBER 7 o�a 7 o�a 102152 If the Offeror did not meet or exceed the Business Equity Goal for this project, the Prime/OfFeror must complete this form. If the Prime/Offeror's method of compliance with the Business Equity Goal is based upon demonstration of a"Good Faith Effort", the Prime/Offeror will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 10 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation of the facts or intentional discrimination by the Prime/Offeror. Failure to complete this form, in its entirety with supporting documentation, and received by the Purchasing Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity for the completion of this project, regardless of whether it is to be provided by a Business Equity firm or non-Business Equity firm. (DO NOT LIST NAMES OF FIRMS). On all projects, the Prime/Offeror must list each subcontracting and or supplier opportunity regardless of tier. (Use additional sheefs, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Asphalt Paving Concrete Tunnel/Bore Pipe & Appurtenances Bypass Pumping Asphalt Trucking/Aggregates Aggregate Fencing Cellular Concrete Seeding/Sodding Surveying/Staking CCTV Epoxy Coating � Effective 01/01/2021 ATTACHMENT 1C Page 2 of 4 2.) Obtain a current (not more than two (2) months old from the bid open date) list of Business Equity subcontractors and/or suppliers from the City's Business Equity Division. � Yes a No Date of Listing 3.) Did you solicit bids from Business Equity firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? � �(2S (If yes, attach list to include name of Business Equity firm, ep rson contacted, phone number and date and time of contact.) � No 4.) Did you solicit bids from Business Equity firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by fax, exclusive of the day the bids are opened? � Yes i�f yes, attach list to include name of Business Equity firm, fax number and date and time of contact. In addition, if the fax is returned as undeliverable, then that "undeliverable confirmation" received must be printed directly from the facsimile for proper documentation. Failure to submit confirmation and/or "undeliverable confirmation" documentation may render the � NO GFE non-responsive.) 5.) Did you solicit bids from Business Equity firms, within the subcontracting andlor supplier areas previously listed, at least ten calendar days prior to bid opening by email, exclusive of the day the bids are opened? � Yes ��f yes, attach email confirmation to include name of Business Equity firm, date and time. In addition, if an email is returned as undeliverable, then that "undeliverable message" receipt must be printed directly from the email system for proper documentation. Failure to submit confirmation and/or "undeliverable message" � NO documentation may render the GFE non-responsive.) NOTE: The three methods identified above are acceptable for soliciting bids, and each selected method must be applied to the applicable contract. The Prime/Offeror must document that either at least two attempts were made using two of the three methods or that at least one successful contact was made using one of the three methods in order to deemed responsive to the Good Faith Effort requirement. NOTE: The Prime/Offeror must contact the entire Business Equity list specific to each subcontracting and supplier opportunity to be in compliance with questions 3 thru 5. 6.) Did you provide plans and specifications to potential Business Equity firms? � Yes � No 7.) Did you provide the information regarding the location of plans and specifications in order to assist the Business Equity firms? aYes � No Effective 01(01/2021 ATTACHMENT 1C Page 3 of 4 8.) Did you prepare a quotation for the Business Equity firms to bid on goods/services specific to their skill set? ❑✓ Yes (If yes, attach all copies of quotations.) ❑ No 9.) Was the contact information on any of the listings not valid? (If yes, attach the information that was not valid in order for the Business Equity Division to address YeS the corrections needed.) � No 10.) Submit documentation if Business Equity firms quotes were rejected. The documentation submitted should be in the firms forms of an affidavit, include a detailed explanation of why the Business Equity firms was rejected and any supporting documentation the Prime/Offeror wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the Prime/Offeror will provide for confidential in-camera access to an inspection of any relevant documentation by City personnel. Please use additional sheets, if necessa , and aftach. Company Name Telephone Contact Person Sco e of Work Reason for Rejection R2yeS GrOUp LtCI. 241.260.3535 Ramtin Serajian Asphalt Paving Price Professional Inline 214.534.9942 Loretta Wallenbach CCTV Price Clemons Trucking 972.228.0201 Thelma Clemons Trucking Price ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain Business Equity firm participation on this project. Ark Contracting Services, LLC had limited subcontractor opportunities due to its ability to self perform the majority of items on the project. The Prime/Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The Prime/Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. A Bidder or Contractor who intentionally and/or knowingly misrepresents material facts shall be Debarred for a period of time of not less than three (3) years. Effective 01/01/2021 ATTACHMENT 1C Page4of4 The undersigned certifies that the information provided and the Business Equity firms listed was/were contacted in good faith. It is understood that any Business Equity firms listed in Attachment 1C will be contacted and the reasons for not using them wilt be verified by t City's s�quity Division. Mark North Auth z d Signature Printed Signature Chief xecutive Officer Title Contact Name and Title (if different) Ark Contracting Services, LLC 817.478.7400 Company Name Phone Number 420 S. Dick Price Road mnorth@acsntx.com Address Email Address Kennedale, TX 76060 03/22/2021 City/StatelZip Date Business Equity Division Email: DVIN BEOffice@fortworthtexas.gov Phone: (817) 392-2674 Effective 01/01/2021 005243-1 Developer Awarded Project Agreement Page 1 of 6 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on �0�� Z� is made by and between the Developer, (Legends 4 of Hanna Ranch, Ltd.), authorized to do business in Texas ("Developer"), and Ark Contractin� 5 Servi_____ce� LLC, authorized to do business in Texas, acting by and through its duly authorized 6 representative, ("Contractor"). 7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree 8 as follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part 14 is generally described as follows: 15 Sanita Sewer Interce car Im ravements M-329 and M-Z95 16 Cit Pro'ect No. 102152 — Sewer Pro'ect No. 56pI6-0700430-001480 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 60q r,v�rkin� days after the date 23 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 24 City Conditions of the Construction Contract for Developer Awarded Projects. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that Developer 27 will suffer financial loss if the Work is not completed within the times specified in 28 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 29 the Standard City Conditions of the Construction Contract for Developer Awarded 30 Projects. The Contractor also recognizes the delays, expense and difficulties involved in CITY OF FORT WORTH SaniiarySewerinterceptorlmprovements M-295 ond M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Ci[yProject No. 102152 Revised June 16, 2016 005243-2 Developer Awarded Project Agreement Page 2 of 6 31 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 32 completed on time. Accordingly, instead of requiring any such proof , Contractor agrees 33 that as liquidated damages for delay (but not as a penalty), Contractor shall pay Developer 34 5ix Hundred anc! Thirt Dollars G�0.00 for ea�h da that expires after the time specified 35 in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. 36 Article 4. CONTRACT PRICE 37 Developer agrees to pay Contractor for performance of the Work in accordance with the 38 Contract Documents an amount in current funds of Seven Miilion Fi�e Hundred Ninety Nin� 39 Thousand Nine H_undred Ninetv Nine Dollars ($ 7R59� 999). 40 Article 5. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A. The Contract Documents which comprise the entire agreement between Developer and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form (As provided by Developer) 47 1) Proposal Form (DAP Version) 48 2) Prequalification Statement 49 3) State and Federal documents (projectspecific) 50 b. Insurance ACORD Form(s) 51 c. Payment Bond (DAP Version) 52 d. Performance Bond (DAP Version) 53 e. Maintenance Bond (DAP Version) 54 f. Power of Attorney for the Bonds 55 g. Worker's Compensation Affidavit 56 h. MBE and/or SBE Commitment Form (If required) 57 3. Standard City General Conditions of the Construction Contract for Developer 58 Awarded Projects. 59 4. Supplementary Conditions. CITY aF FORT WORTH SanitarySewer Interceptor Improvements M-295 and M-3Z9 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 102152 Revised June 16, 2016 005243-3 Developer Awarded Project Agreement Page 3 of 6 60 5. Specifications specifically made a part of the Contract Documents by attachment or, 61 if not attached, as incorporated by reference and described in the Table of Contents 62 of the ProJect's Contract Documents. 63 6. Drawings. 64 7. Addenda. 65 8. Documentation submitted by Contractor prior to Notice of Award. 66 9. The following which may be delivered or issued after the Effective Date of the 67 Agreement and, if issued, become an incorporated�part ofthe Contract Dacuments: 68 a. Notice to Proceed. 69 b. Field Orders. 70 c. Change Orders. 71 d. Letter of Final Acceptance. 72 ' 73 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Clty Project No. 102152 Revised June 16, 2016 005243-4 Developer Awarded Project Agreement Page 4 of 6 74 Article 6. INDEMNIFICATION 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 76 expense, the city, its officers, servants and employees, from and against any and all claims 77 arising out of, or alleged to arise out of, the work and services to be performed by the 78 contractor, its officers, agents, employees, subcontractors, licenses or invitees under this 79 contract. This indemnification ravision is s ecificalE intended to o era#e and f�e 80 effective even if it is alle ed or raven that alf or same of the dama es #�ein sou ht were 81 caused irt whole or in art b an act omission or ne li ence of the cit . This indemnity 82 provision is intended to include, without limitation, indemnity for costs, expenses and 83 • legal fees incurred by the city in defending against such claims and causes of actions. 84 85 6.2 - Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the 86 city, its officers, servants and employees, from and against any and all loss, damage or 87 destruction of property of the city, arising out of, or alleged to arise out of, the work and 88 services to be performed by the contractor, its officers, agents, employees, 89 subcontractors, licensees or invitees under this contract. This indemnificatian rovision 90 is s ecifical! intended tQ o erate and be effecti�� even if it is alle,�ed or proven that all 91 or snme ❑f the dama es }aein sou ht were caused in whole ar in art b an act 92 omission or ne li ence of the cit . 93 94 Article 7. MISCELLANEOUS 95 7.1 Terms. 96 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of the 97 Construction Contract for Developer Awarded Projects. 98 7.2 Assignment of Contract. 99 This Agreement, including all of the Contract Documents may not be assigned by the 100 Contractor without the advanced express written consent of the Developer. 101 7.3 Successors and Assigns. 102 Developer and Contractor each binds itself, its par-tners, successors, assigns and legal 103 representatives to the other party hereto, in respect to all covenants, agreements and 104 obligations contained in the Contract Documents. CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTIOfV SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS . City Project No. 102152 Revised June 16, 2016 DocuSign Envelope ID: B7B26AA3-1C91-493C-65E1-A78046466A1B 005243-5 Developer Awarded Project Agreement Page 5 of 6 105 7.4 Severability. 106 Any provision or part of the Contract Documents held to be unconstitutional, void or 107 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 108 remaining provisions shall continue to be valid and binding upon DEVELOPER and 109 CONTRACTOR. 110 7.5 Governing Law and Venue. 111 This Agreement, including all of the Contract C�ocuments is performable in the State of 112 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 113 Northern District of Texas, Fort Worth Division. 114 115 7.6 Authority to Sign. 116 Contractor shall attach evidence of authority to sign Agreement, if other than duly 117 authorized signatory of the Contractor. 118 119 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple 120 counterparts. 121 122 This Agreement is effective as of the last date signed by the Parties ("Effective Date"). 123 Contractor: Developer: Ark Gontractin S�Ni�as ��C Legends of Hanna Itaii�l�,. Ltd. � RocuBipnad by: y. � B Bv� �' �L�.,�L {5ignature) (Signature) CITY OF FORT WORTH Sanitory Sewer fnterceptor Improvemen[s M-295 and M-329 STANDARD CONSTRUCTION SPECIFI�ATION DOCUMENTS — DEUELOPER AWARDED PROJECTS Clty Pro/ect No. 102152 Revised June 16, 2016 DocuSign Envelope ID: B7B26AA3-1C91-493C-BSE1-A780464B6A16 005243-6 Developer Awarded Project Agreement Page 6 of 6 vs Mark R. North Louis 7�1'�ipc�ll�10 (Printed Name) (Printed IVame Title; Chief Executive Officer Title: vi ce presi dent Company Name: Ark Contracting Services, LLC Company name: Academy Development Address: 420 S Dick Price Rd Address: 10410 Windermere Lakes Blvd. City/State/Zip: Kennedale,TX 76060 Date 124 City/State/Zip: Houston, TX 77065 6/7/2021 Date CIN OF FORT WORTH SaMmry Sewer Mterceptor Improvements M-295 ond M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 101152 Revised June 16, 2016 006213-1 P�RFORMANC� BOND Paee I of 3 1 2 3 4 5 6 7 : SECTION 00 62 13 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Ark Contracting Services, LLC , known as 9 "Principal" herein and Atlantic Specialty Insurance Com any , a co�porate 10 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as 11 "Surety" herein (whether one or more), are held and firn�ly bound unto the Developer, City of 12 Fort Wortl�, authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas 13 municipal corporation ("City"), in the penal sum of, Seven Mi�linn F'sve Huncirerl Nine:t Ni��e 14 'rli��isanel Nine I Iundr�d �iziet,y ]tilirie Dollars ($ 7,599.99J) lawfitl money of the United States, to 15 be paid in Fort Worth, Tarrant County, Texas for the payment of which sum �vell and truly to be 16 made jointly unto the Developer and the City as dual obligees, we bind otirselves, our heirs, 17 executors, administrators, successors and assigns, jointly and severally, frinly by these presents. 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Corninunity Facilities 20 Agreement, CFA Number CFA20-0035;and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded � 22 the � day of 1u�►� , 2021, which Contract is hereby referred to and made a part 23 hereof far all purposes as if fitlly set forth herein, to fitrnish all rnaterials, equipment labor and 24 otl�er accessories defined by law, in the prosecution of the Work, including any Change Orders, 25 as provided for in said Contract designated as Scnzitary Sewer Inteyceptor In�p�rovements M-329 26 and M-295, City pr�oject No. 1�2152. 27 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 28 shall faithfiilly perform it obligations under the Contract and shall in all respects duly and 29 faithfully perform the Work, inchiding Change Orders, undel- the Contract, according to the plans, 30 specifications, and contract docu�nents therein referred to, and as well during any period of 31 extension of the Contract that may be granted on the part of the Developer and/or City, tl�en this 32 obligation shall be and become null and void, otherwise to remain in fi►ll force and effect. CITY OF FORT WOR7�H Sr�ni�a��� Seiver hirercepror /mproven�e�il.s A/-2l i mrcl �i-/-32) STANDARD CITY CO:VDITIONS — DEVF.LOPER AWARDLiD PROJECTS Crr�• Piroject :Vo 102152 Roviscd January 3 I, 2012 006213-2 PERFORMANCE BOND Page 2 of 3 1 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 6 accordance with the provisions of said statue. 7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 8 this instrument by duly authorized agents and offcers on this the � day of 9 ��� .2021 io 11 12 13 14 15 16 �� �8 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 ATTES : (Prin�i�sal} Secretary Witness as to Principal . �/2� Witness as to Surety PRINCIPAL: Ark Cantractii� Se�vices, LLC BY: S€ • ��� �/U�, y� ;G� Name and Title Address: 420 South Dick Price Road Kennedale, TX 76060 SURETY: Atlantic Specaalty Insurance Cozn�any- BY: �iat�u•e Jordan A Pitts, Attorney-in-Fact Name and Title Address: 605 Hi hwa�169 North Suite 800 �mouth, Minnesota, 55441 Telephone Number: 1-800-662-0156 44 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 45 from the by-laws showing that this person has authority to sign such obligation. If 46 Surety's physical address is different from its mailing address, both must be provided. 47 CITY OF FORT WORTH Sanitary Sewer Interceptor /mprovements M-295 and M-329 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Projec! No. 102152 Revised January 31, 2012 006213-3 PERFnRMANCE BnND Page 3 of 3 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Sanrtary Sewer /nterceptorlmprovements M-295 and M-329 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Ciry Project No. 102152 Revised lanuary 31, 2012 006214-] PAYNICNT BOND I'age 1 of2 l 2 3 4 5 6 7 8 9 10 SECTION 00 62 14 PAYMENT BOND THE STATE OF TEXAS § � KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Ark Cont�-acting Services, LLC , known as "PrincipaP' herein, and Atlantic Specialry Insurance Comfpany , a corparate surety ( or sureties if more than one), duly authorized to do business in the State of 11 Texas, known as "Surety" herein (whether one or inore), are held and firmly bound unto the 12 Developer, City of Fort Worth, authorized to do business in Texas "(Developer"), and the City of 13 Fort Worth, a Texas municipal corporation ("City"), in the penal sum of Sc�eit Milliori iive 14 [i�ul�irc� Ninety Ninc Tliousand I�Iine: 1ltinrlrzd I�[iF�e� Nitic; Dollars ($ 7,599,999), lawful money 15 of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which 16 suin well and truly be made jointly unto the Developer and the City as dual obligees, we bind 17 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 18 firmly by these presents: 19 WHEREAS, Developer and City have entered into an Agreement far the constntction of 20 community facilities in the City of Fort Worth, by and through a Community Facilities 21 Agreement, CFA NLuilber CFA20-0035;and 22 WHEREAS, Principal has entered into a certain unitten Contract with Developer, 23 awarded the �' day of �nz. , 2[7 Zl , which Contract is hereby 24 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 25 materials, ec�uipment, labor and other accessories as defined by law, in the prosecution of the 26 Work as provided for in said Contract and designated as Sanitary Setiver Inte��cepto�� 27 I»zprove�nents M-329 and M-295, City project No. 102152. 28 1�'OW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 29 Principal shall pay all .monies owing to any (and all) payment bond beneficiary (as defined in 30 Cllapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 31 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 32 force and effect. C1Tl' OF FORT 14'ORTH Snni�ar�� Seirer- hitei cep�or Io�proveme�N,s• A-i-1 J.i and ;t�/-329 STANDAIZD Cll Y COND1T10NS — DEVFL.OPER A1�'ARDED PROJECTS Ci1�� Projerl :�o I0�151 Rcvisc� January 3 I. 2012 006214-2 PAYMENTBOND Page 2 of 2 0 2 3 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 5 this instrument by duly authorized agents and offcers on this the �` day of 6 Tu�— , 20 21 . � ATTEST: (Principal) Secretary Witness as to Principal ATTEST: (Surety) Secretary Melissa Pitts, Bond Se�retary Wit�zess as to 5�t�•ety 8 9 10 11 12 13 14 PRINCIPAL: Ark Co�itx•acti��� Se�•�ices. LLC : Sigiiat�• - �Ir.� I��.�r7a Name and Title Address: 420 South Dick Price Road Kennedale, TX 76060 SURETY: Atlantic 5pecia�ry Insurance Com�paz�y BY: Si�m� e ❑rcian A Pitts AtYorne -in-Fact Name and Title Address: 605 Highway 169 North Suite 800 Fly�nc��stl�, Mini�esata, 55441 Telephone Number: 1-800-662-0156 Note: If signed by an officer 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 Sanitary Setiver Interceptor Improvements M-195 and M-329 STANDARD CIT'1' CONDITIONS — DEVELOPER AWARDED PROJECTS Ciry Project No. 102152 Revised January 31, 2012 �nta.ct INSIJRANGE ��. � � KNOW ALL MEN BY'THESE PRESENTS, that ATLANTIC SPECIALT'Y INSURANCE COMPANY, a New York corporauon with its principal office in Plymouth, Minnesota, does hereby consutute and appoint: William D. Birdsong, Lloyd Ray Pitts Jr., Jordan A. Pi[ts, each individually if there be more than one named, its true and lawful Attorney-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, wntracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. T'his Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTI' INSURANCE COMPANY oo the twenty-fifth day of September, 2012: Resolved: T'hat the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obli�ator,y io the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attomey-in- Fact. Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Atromey-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other wriungs obligatory io the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resoluuon adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the sigoature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any cerflficate relating thereto appointing an Attorney-in-Fact for purposes only of execuung and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the origioal seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALT'Y INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020. STATE QF :�1NNE�OTA HENNEP?N �,OUNT'Y� N �4,i���S,� ,.�`��. Lr,g'.. ,•'a cpP.YURq pF RZ �: = y .^7EAL '� = I�l,���j•�j -" 198$ o � By ��6)1 ��v Y�QNd��� Paul J. Brehm, Senior Vice President ,, d � H,,,. �ki�iii����������' On this twenfy-seveufh �ay of AprIl,. 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTTC SPECIALTY INSURANCE COMPANY, to me personally ]niown'to be tHe individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is die saici officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. :�- i+; ALISON DWAN NASH•TROUT �NOTARY PUBLIC • MINNESOTA My Comm3salon Expires Jsnuary 31, 2d28 ������� Notary Public I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby cerlify that the foregoing power of attorney is in full force and has not been revoked, and the resoluuons set forth above are now in force. Signed and scalyd. Qarrd �'� day �f �'+^;- , Z# This Power of Attorney expires January 31, 2025 iar4�GpPPORq r��yy �- SEA� "� _� �:= -`-' i4$�j a ` t= =�6 �'Fw ra'�'�,�a : e.. )1 i t? ,, � .,� �, a , �cF��-� Kara Barrow, Secretary Please directbond verifications to �� •.���i t u i" �y,!+rr,r�r�;,t+�[!z � IMPORTANT NOTICE To obtain information or make a complaint: You may contact your agent. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede communicarse con su agente. You may call your Insurance Carrier's toll-free Usted puede Ilamar al numero de telefono gratis de su telephone number for information or to make compariia de seguros para informacion o para someter a complaint at: una queja al: 1-800-321-2721 You may also write to your Insurance Carrier � Atlantic Specialty Insurance Company Paralegal 605 Highway 169 North, Suite 800 Plymouth, MN 55441 Email: surety@intactinsurance.com Phone:1-800-662-0156 1 �00-321-2721 Usted tambien puede escribir a su compania de seguros en: Atlantic Specialty Insurance Company Paralegal 605 Highway 169 North, Suite 800 Plymouth, MN 55441 Email: surety@intactinsurance.com Phone: 1-800�62-0156 You may contact the Texas Department of Puede comunicarse con el Departamento de Seguros de Insurance to obtain information on Texas para obtener informacion acerca de companias, companies, coverages, rights or complaints coberturas, derechos o quejas al: � 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104, Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.gov E=maii: CansumerProfection�tdi.texas.c�ov 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104, Austin, TX 78714 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: CansumerProtection tdi.texas. o� PREMIUM OR CLAIM DISPUTES: Should DISPUTAS SOBRE PRIMAS ❑ RECLAMOS: Si tiene you have a dispute concerning your premium una disputa concerniente a su prima o a un reclamo, debe or about a claim you should contact the agent comunicarse con el agente primero. Si no se resuelve la first. If the dispute is not resolved, you may disputa, puede entonces comunicarse con el contact the Texas Department of Insurance. departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es solo This notice is for information only and does opara proposito de informacion y no se convierte en parte not become a part or condition of the attached condicion del documento adjunto. document. VCM PHN TX 001 1013 00(i219-] Mf\1NTENAIVC� BOND Page l of3 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 SECTION 00 62 19 MAINTENANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we Ark Contracting Services, LLC , known as "Principal" herein and Atlantic Speci�ltv Insurance Com�any , a coiporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and fu-mly bound unto the Developer, City of Fort Worth, authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the sum of 5e�cn Millioiz Fi�e H�indre�! NinGiy Niiic Thou_sa�zd Nine F-tu�idred Ni[ieiy Niilc ❑ollars ($ 7,599,999), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees and their successors, we bind ot�rselves, our heirs, executors, administrators, successars and assigns, jointly and severally, firmly by these presents. WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number CFA20-0035;and WHEREAS, the Principal has entered into a certain written contract with the Developer awarded the �� day of ���'� , 2U�� , which Contract is hereby referred to and a inade part hereof far all purposes as if fully set forth herein, to furnish all n�aterials, equipment labor and otl�er accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order (collectively herein, the "Worlc") as provided for in said Contract and designated as Sunitary� Sewer b2tes�ceptor Impr-ovements M-329 and M-295, Citv prqject No. ]02152; and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with t}.ie plans, specifications and Contract .Documents that the Work is and will remain free fi-om defects in materials or workmanship for and during the period of two (2) years a$er the date of Final Acceptance of the Work by t}ie City ("Maintenance Pe�-iod"); and CITY OF FORT WORTH SGTH!(II'1+Sen•erhuerceplor hnprovernen�s hl-2l� and �Y1-3�) STANDARD Cl"IY CONDIT]ONS -- DEV};I.OPf:R A��'ARD1.iD PROJECI'S Crrti• Prnjecr Nn l03151 Rcviscd .lanuary 3 I, 2012 006219-2 MAINTENANCE BOND Page 2 of 3 1 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 2 upon receiving notice from the Developer and/or City of the need thereof at any time within the 3 Maintenance Period. 4 5 NOW THEREFORE, the condition of this obligation is such that if Principal shall 6 remedy any defective Work, for which timely notice was provided by Developer or City, to a 7 completion satisfact�ry t� the City, then this �hli�ati�n shall hecnme nnll �nd void; ntherwise to 8 remain in ful] force and effect. L•� 10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 11 noticed defective Work, it is ageed that the Developer or City may cause any and all such 12 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 13 by the Principal and the Surety under this Maintenance Bond; and 14 15 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 16 Tarrant County, Texas or the United States District Court for the Northem District of Texas, Fort 17 Worth Division; and 18 19 20 21 22 23 PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH Sanitary Sewer lnterceptor /mprovements M-295 and M-329 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project No. I02151 Revised January 31, 2012 006219-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 3 7N� . 20 21 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 ���� ��� � � Witness as to Principa] ATTEST: • C� (Surety) secretary Meliss itts, Bond Secretary W itness as to Sure y 36 37 *Note: 38 39 40 41 42 �` day of PRINCIPAL: Ark Contractin Services, LLC BY: i�na re �2� Nr� G�� Name and Title Address: 420 South Dick Price Road Kenne ale, TX 76060 SURETY: .Adantic 5pecialty It�sur�t��ce Cair�ai;y BY: nattire Jordan A Pitts, Attorney-in-Fact _ Name and Title Address: 605 Highwav 169 North Suite 800 I'IYmauth, Minnesata, 55441 Telephone Number: 1-800-662-0156 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 Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Crty Project No. 102152 Revised January 31, 2012 �nta�t iNsusnNc� .. a� � . � ��� ��� KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporafion with its principal office in Plymouth, Minnesota, does hereby consutute and appoint: William D. Birdsong, Lloyd Ray Pitts Jr., Jordan A. Pitts, each individually if there be more than o�e named, its true and lawful Attorney-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of iodemnity, and all other wriungs obligatory in the nature thereof; provided that no bond or undertaking executed under this authoriry shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTI' INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at aoy time remove any such Attomey-in-Fact and revoke all power and authority given to any such Attorney-in- Fact. Resolved: T'hat the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracu of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any cer[ificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signawre 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. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020. STATE OF MINNESOTA HENNEPIN COUNTY ' ��.Z � 1'� N SCr,,, . :_�,` 9,a : ny ; a GQRPORqr� � ; ����,W :H. S�A� m= =Y 1986 0: By .�y°''�� Y�P� d�;'� Paul J. Brehm, Senior Vice President , '•T1 � .ti rr �' On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of AT'LANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said iostrument by the authority and at the direction of the Company. r°'Tr °�' . ALISON DWAN NASH•TROUT {��,`� ° ,�� NOTARYPUBLIC•MINNESOTA 1�� ��� My Cammlaslon Explres '.,:�j �• January 3i, 2026 1 �sml�! �.�" Notary Public I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporauon, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resoluflons set forth above are now in force. Signed and sealed. Dated �"� day af Kr�Q' ,�L, This Power of Attomey expires January 31, 2025 �t4��fNs,,�. r-°��. l�,Q'•:, _ ¢ �DP4l7Rar���: ay SEA� �^_- ' `-' 1�86 a ? sy-�s �F�s YOP� aa�',: �''a�l tr 3 N,.•� �riHi� i�i� � �a—'�-�-�- Kara Barrow, Secretary Please direct bond verifications to �s�i;��, r�" I.�CIIi���r,���� Cr,�,�7. IMPORTANT NOTICE To obtain information or make a complaint: You may contact your agent. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede communicarse con su agente. You may call your Insurance Carrier's toll-free Usted puede Ilamar al numero de telefono gratis de su telephone number for information or to make compania de seguros para informacion o para someter a complaint at: una queja al: 1-800-321-2721 You may also write to your Insurance Carrier � Atlantic Specialty Insurance Company Paralegal 605 Highway 169 North, Suite 800 Plymouth, MN 55441 Email: surety@intactinsurance.com Phone: 1-800-662-0156 1 �00-321-2721 Usted tambien puede escribir a su compania de seguros en: Atlantic Specialty Insurance Company Paralegal 605 Highway 169 North, Suite 800 Plymouth, MN 55441 Email: surety@intactinsurance.com Phone:1-800�62-0156 You may contact the Texas Department of Puede comunicarse con el Departamento de Seguros de Insurance to obtain information on Texas para obtener informacion acerca de companias, companies, coverages, rights or complaints coberturas, derechos o quejas al: at 1-800-252-3439 You may write the Texas Department of Insurance: 1-800-252�439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104, Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: CansumerProtection tdi.texas. ov P.O. Box 149104, Austin, TX 78714 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtecfion(c�t�i,iexas.qov PREMIUM OR CLAIM DISPUTES: Should DISPUTAS SOBRE PRIMAS ❑ RECLAMOS: Si tiene you have a dispute concerning your premium una disputa concerniente a su prima o a un reclamo, debe or about a claim you should contact the agent comunicarse con el agente primero. Si no se resuelve la first. If the dispute is not resolved, you may disputa, puede entonces comunicarse con el contact the Texas Department of Insurance. departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es solo This notice is for information only and does opara proposito de informacion y no se convierte en parte not become a part or condition of the attached condicion del documento adjunto. document. VCM PHN TX 001 1013 00 73 00 - 1 SUPPLEMENTARY CONDITIONS Page 1 of 6 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 102152 Revised July 01, 2011 SECTION 00 73 00 1 SUPPLEMENTARY CONDITIONS 2 TO 3 GENERAL CONDITIONS 4 5 Supplementary Conditions 6 7 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other 8 provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are 9 modified or supplemented remain in full force and effect as so modified or supplemented. All provisions 10 of the General Conditions which are not so modified or supplemented remain in full force and effect. 11 12 Defined Terms 13 14 The terms used in these Supplementary Conditions which are defined in the Genera l Conditions have the 15 meaning assigned to them in the General Conditions, unless specifically noted herein. 16 17 Modifications and Supplements 18 19 The following are instructions that modify or supplement specific paragraphs in the General Conditions and 20 other Contract Documents. 21 22 SC-3.03B.2, “Resolving Discrepancies” 23 24 Plans govern over Specifications. 25 26 SC-4.01A 27 28 Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. 29 Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the 30 Contract Drawings. 31 32 SC-4.01A.1., “Availability of Lands” 33 34 The following is a list of known outstanding right -of-way, and/or easements to be acquired, if any as of 35 February 23, 2021: 36 37 Outstanding Right-Of-Way, and/or Easements to Be Acquired 38 PARCEL NUMBER OWNER TARGET DATE OF POSSESSION 25B LEGENDS OF HANNA RANCH, LTD. 05/01/2021 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and 39 do not bind the City. 40 41 If Contractor considers the final easements provided to differ materially from the representations on the 42 Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, 43 notify City in writing associated with the differing easement line locations. 44 45 46 47 48 00 73 00 - 2 SUPPLEMENTARY CONDITIONS Page 2 of 6 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 102152 Revised July 01, 2011 SC-4.01A.2, “Availability of Lands” 1 2 Utilities or obstructions to be removed, adjusted, and/or relocated 3 4 The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated 5 as of 6 7 EXPECTED OWNER UTILITY AND LOCATION TARGET DATE OF ADJUSTMENT None 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 A Geotechnical Engineering ReportM-295 Upsizing Project Report No. G19-2109, dated September 10, 15 2019, prepared by D&S Engineering Labs a sub-consultant of Huitt-Zollars, Inc., a consultant of the City, 16 providing additional information on subsurface conditions along the pipeline alignment, engineering 17 properties of subsurface material, and soil design parameters and recommendations. 18 19 The following are drawings of physical conditions in or relating to existing surface and subsurface 20 structures (except Underground Facilities) which are at or contiguous to the site of the Work: 21 None 22 23 SC-4.06A., “Hazardous Environmental Conditions at Site” 24 25 The following are reports and drawings of existing hazardous environmental conditions known to the City: 26 None 27 28 29 00 73 00 - 3 SUPPLEMENTARY CONDITIONS Page 3 of 6 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 102152 Revised July 01, 2011 SC-5.03A., “Certificates of Insurance” 1 2 The entities listed below are "additional insureds as their interest may appear" including their respective 3 officers, directors, agents and employees. 4 5 (1) City 6 (2) Consultant: None 7 (3) Other: None 8 9 SC-5.04A., “Contractor’s Insurance” 10 11 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following 12 coverages for not less than the following amounts or greater where required by laws and regulations: 13 14 5.04A. Workers' Compensation, under Paragraph GC-5.04A. 15 16 Statutory limits 17 Employer's liability 18 $100,000 each accident/occurrence 19 $100,000 Disease - each employee 20 $500,000 Disease - policy limit 21 22 SC-5.04B., “Contractor’s Insurance” 23 24 5.04B. Commercial General Liability, under Paragraph GC -5.04B. Contractor's Liability Insurance 25 under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with 26 minimum limits of: 27 28 $1,000,000 each occurrence 29 $2,000,000 aggregate limit 30 31 The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the 32 General Aggregate Limits apply separately to each job site. 33 34 The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. 35 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 36 37 SC 5.04C., “Contractor’s Insurance” 38 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor’s Liability Insurance under 39 Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: 40 41 (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", 42 defined as autos owned, hired and non-owned. 43 44 $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at 45 least: 46 47 $250,000 Bodily Injury per person / 48 $500,000 Bodily Injury per accident / 49 $100,000 Property Damage 50 51 SC-5.04D., “Contractor’s Insurance” 52 53 The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and 54 material deliveries to cross railroad properties and tracks None 55 00 73 00 - 4 SUPPLEMENTARY CONDITIONS Page 4 of 6 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 102152 Revised July 01, 2011 1 The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, 2 hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains 3 or other property. Such operations on railroad properties may require that Contractor to execute a “Right of 4 Entry Agreement” with the particular railroad company or companies involved, and to this end the 5 Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute 6 the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate 7 to the Contractor’s use of private and/or construction access roads crossing said railroad company’s 8 properties. 9 10 The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide 11 coverage for not less than the following amounts, issued by companies satisfactory to the City and to the 12 Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, 13 occupy, or touch railroad property: 14 15 (1) General Aggregate: 16 17 (2) Each Occurrence: 18 19 X Required for this Contract Not required for this Contract 20 21 With respect to the above outlined insurance requirements, the following shall govern: 22 23 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in 24 the name of the railroad company. However, if more than one grade separation or at-grade crossing 25 is affected by the Project at entirely separate locations on the line or lines of the same railroad 26 company, separate coverage may be required, each in the amount stated above. 27 28 2. Where more than one railroad company is operating on the same right -of-way or where several 29 railroad companies are involved and operated on their own separate rights-of-way, the Contractor 30 may be required to provide separate insurance policies in the name of each railroad company. 31 32 3. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a 33 railroad company’s right-of-way at a location entirely separate from the grade separation or at-grade 34 crossing, insurance coverage for this work must be included in the policy covering the grade 35 separation. 36 37 4. If no grade separation is involved but other work is proposed on a railroad company’s right-of-way, 38 all such other work may be covered in a single policy for that railroad, even though the work may 39 be at two or more separate locations. 40 41 No work or activities on a railroad company’s property to be performed by the Contractor shall be 42 commenced until the Contractor has furnished the City with an original policy or policies of the insurance 43 for each railroad company named, as required above. All such insurance must be approved by the City and 44 each affected Railroad Company prior to the Contractor’s beginning work. 45 46 The insurance specified above must be carried until all Work to be performed on the railroad right -of-way 47 has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, 48 insurance must be carried during all maintenance and/or repair work performed in the railroad right -of-way. 49 Such insurance must name the railroad company as the insured, together with any tenant or lessee of the 50 railroad company operating over tracks involved in the Project. 51 52 SC-6.04., “Project Schedule” 53 54 Project schedule shall be tier 3 for the project. 55 00 73 00 - 5 SUPPLEMENTARY CONDITIONS Page 5 of 6 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 102152 Revised July 01, 2011 1 SC-6.07., “Wage Rates” 2 3 The following is the prevailing wage rate table(s) applicable to this project and is provided in the 4 Appendixes: 5 See Appendix GC-6.07 Wage Rates-General Decision Number: TX20190025 01/04/2019 -Type: 6 Highway 7 8 SC-6.09., “Permits and Utilities” 9 10 SC-6.09A., “Contractor obtained permits and licenses” 11 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 12 1. Tarrant County Utility Permit 13 2. Tarrant County Floodplain Development Permit (application previously submitted) 14 3. SWPPP 15 16 SC-6.09B. “City obtained permits and licenses” 17 The following are known permits and/or licenses required by the Contract to be acquired by the City: 18 1. City of Fort Worth Floodplain Development Permit 19 2. City of Fort Worth Urban Forestry Permit 20 3. City of Fort Worth Grading Permit 21 22 SC-6.09C. “Outstanding permits and licenses” 23 24 The following is a list of known outstanding permits and/or licenses to be acquired, if any as of February 25 23, 2021: 26 27 Outstanding Permits and/or Licenses to Be Acquired 28 OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION Barnett Gathering 3rd party crossing agreement 05/01/2021 Atmos Encroachment agreement 05/01/2021 29 30 SC-7.02., “Coordination” 31 32 The individuals or entities listed below have contracts with the City for the performance of other work at 33 the Site: 34 Vendor Scope of Work Coordination Authority 35 SC-8.01, “Communications to Contractor” 36 37 None 38 39 SC-9.01., “City’s Project Manager” 40 41 The City’s Project Manager for this Contract is Soon Wong, P.E., or his/her successor pursuant to written 42 notification from the Director of the City of Fort Worth Water Department. 43 44 SC-13.03C., “Tests and Inspections” 45 46 00 73 00 - 6 SUPPLEMENTARY CONDITIONS Page 6 of 6 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 102152 Revised July 01, 2011 None 1 2 SC-16.01C.1, “Methods and Procedures” 3 4 None 5 6 7 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 STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Page Article 1 – Definitions and Terminology........................................................................................................... 1 1.01 Defined Terms ............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 5 Article 2 – Preliminary Matters ......................................................................................................................... 6 2.01 Before Starting Construction ......................................................................................................... 6 2.02 Preconstruction Conference .......................................................................................................... 6 2.03 Public Meeting .............................................................................................................................. 6 Article 3 – Contract Documents and Amending ............................................................................................... 6 3.01 Reference Standards ...................................................................................................................... 6 3.02 Amending and Supplementing Contract Documents ................................................................... 6 Article 4 – Bonds and Insurance ........................................................................................................................ 7 4.01 Licensed Sureties and Insurers ...................................................................................................... 7 4.02 Performance, Payment, and Maintenance Bonds ......................................................................... 7 4.03 Certificates of Insurance ............................................................................................................... 7 4.04 Contractor’s Insurance .................................................................................................................. 9 4.05 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 12 Article 5 – Contractor’s Responsibilities ......................................................................................................... 12 5.01 Supervision and Superintendent ................................................................................................. 12 5.02 Labor; Working Hours ................................................................................................................ 13 5.03 Services, Materials, and Equipment ........................................................................................... 13 5.04 Project Schedule .......................................................................................................................... 14 5.05 Substitutes and “Or-Equals” ....................................................................................................... 14 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) ...................................... 16 5.07 Concerning Subcontractors, Suppliers, and Others .................................................................... 16 5.08 Wage Rates .................................................................................................................................. 18 5.09 Patent Fees and Royalties ........................................................................................................... 19 5.10 Laws and Regulations ................................................................................................................. 19 5.11 Use of Site and Other Areas........................................................................................................ 19 5.12 Record Documents ...................................................................................................................... 20 5.13 Safety and Protection .................................................................................................................. 21 5.14 Safety Representative .................................................................................................................. 21 5.15 Hazard Communication Programs ............................................................................................. 22 5.16 Submittals .................................................................................................................................... 22 5.17 Contractor’s General Warranty and Guarantee .......................................................................... 23 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 5.18 Indemnification ........................................................................................................................... 24 5.19 Delegation of Professional Design Services ............................................................................... 24 5.20 Right to Audit: ............................................................................................................................. 25 5.21 Nondiscrimination. ...................................................................................................................... 25 Article 6 – Other Work at the Site ................................................................................................................... 26 6.01 Related Work at Site ................................................................................................................... 26 Article 7 – City’s Responsibilities. ................................................................................................................. 26 7.01 Inspections, Tests, and Approvals ................................................................................................... 26 7.02 Limitations on City’s Responsibilities ........................................................................................ 26 7.03 Compliance with Safety Program ............................................................................................... 27 Article 8 – City’s Observation Status During Construction ............................................................................ 27 8.01 City’s Project Representative ...................................................................................................... 27 8.02 Authorized Variations in Work ................................................................................................... 27 8.03 Rejecting Defective Work ...................................................................................................... 27 8.04 Determinations for Work Performed .......................................................................................... 28 Article 9 – Changes in the Work ..................................................................................................................... 28 9.01 Authorized Changes in the Work................................................................................................ 28 9.02 Notification to Surety .................................................................................................................. 28 Article 10 – Change of Contract Price; Change of Contract Time ................................................................. 28 10.01 Change of Contract Price ............................................................................................................ 28 10.02 Change of Contract Time ............................................................................................................ 28 10.03 Delays .......................................................................................................................................... 28 Article 11 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ....................... 29 11.01 Notice of Defects ........................................................................................................................ 29 11.02 Access to Work ........................................................................................................................... 29 11.03 Tests and Inspections .................................................................................................................. 29 11.04 Uncovering Work .................................................................................................................. 30 11.05 City May Stop the Work ............................................................................................................. 30 11.06 Correction or Removal of Defective Work ............................................................................ 30 11.07 Correction Period ........................................................................................................................ 30 11.08 City May Correct Defective Work ............................................................................................. 31 Article 12 – Completion .................................................................................................................................. 32 12.01 Contractor’s Warranty of Title .................................................................................................... 32 12.02 Partial Utilization ........................................................................................................................ 32 12.03 Final Inspection ........................................................................................................................... 32 12.04 Final Acceptance ......................................................................................................................... 33 Article 13 – Suspension of Work ..................................................................................................................... 33 13.01 City May Suspend Work ............................................................................................................. 33 Article 14 – Miscellaneous .............................................................................................................................. 34 14.01 Giving Notice .............................................................................................................................. 34 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 14.02 Computation of Times ................................................................................................................ 34 14.03 Cumulative Remedies ................................................................................................................. 34 14.04 Survival of Obligations ............................................................................................................... 35 14.05 Headings ...................................................................................................................................... 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. 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. 3. 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. 4. Buzzsaw – City’s on-line, electronic document management and collaboration system. 5. Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home-rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) -–A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract—The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents—Those items that make up the contract and which must include the Agreement, and it’s attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non-Resident Bidder iii. Prequalification Statement c. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions l. Supplementary Conditions m. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project’s Contract Documents o. Drawings p. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor—The individual or entity with whom Developer has entered into the Agreement. 11. Day or day – A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer – An individual or entity that desires to make certain improvements within the City of Fort Worth 13. 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. 14. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance – The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 16. 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. 17. General Requirements—A part of the Contract Documents between the Developer and a Contractor. 18. 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. 19. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non-Participating Change Order—A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, 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. 22. Participating Change Order—A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, 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. 23. Plans – See definition of Drawings. 24. 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. 25. Project—The Work to be performed under the Contract Documents. 26. Project Representative—The authorized representative of the City who will be assigned to the Site. 27. Public Meeting – An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 00 73 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 30. 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. 31. Site—Lands or areas indicated in the Contract Documents as being furnished by City or Developer 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 or Developer which are designated for the use of Contractor. 32. 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. 33. Standard City Conditions – That part of the Contract Documents setting forth requirements of the City. 34. 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. 35. 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. 36. Superintendent – The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions—That part of the Contract Documents which amends or supplements the General Conditions. 38. 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. 39. 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. 40. 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 41. 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 Participating Change Order, Non-Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day – A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. 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. C. 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. D. 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 ARTICLE 2 – PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non- Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 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. ARTICLE 3 – CONTRACT DOCUMENTS AND AMENDING 3.01 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 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. 3.02 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 Participating Change Order or a Non-Participating 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; CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 1. City’s or Engineer’s review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City’s written interpretation or clarification. ARTICLE 4 – BONDS AND INSURANCE 4.01 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 coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, 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 the name of Developer and City 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 4.02.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 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 00 73 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 1. The certificate of insurance shall document the City, an as “Additional Insured” on all liability policies. 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 these Standard City Conditions. 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. 6. 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. 7. 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. 8. 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%. 9. 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 CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. 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. 11. 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. 12. 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. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 4.04 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. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit 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 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. 1. 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 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. 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. 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. 1. Automobile Liability, Contractor’s Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 1) $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: Write the name of the railroad company. (If none, then write none) 2. 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. 3. 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: a. General Aggregate: Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence: : Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of- CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company’s right-of-way at a location entirely separate from the grade separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company’s right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company’s property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor’s beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. 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. 4.05 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 Developer and 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 Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or 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 5 – CONTRACTOR’S RESPONSIBILITIES 5.01 Supervision and Superintendent 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. 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. 5.02 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. 5.03 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 CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 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. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or-equal” item, in which case review and approval of the proposed item may, in City’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 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 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; ii. 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; iii. 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: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.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 5.05.A and 5.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre-qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 Required for this Contract. (Check this box if there is any City Participation) Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City’s MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE 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 MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. 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. B. 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: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. 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. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. 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 these Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates Required for this Contract. Not Required for this Contract. 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 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 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. 5.09 Patent Fees and Royalties A. 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 the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 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 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 3.01. 5.11 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 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. 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 5.18, 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 or Developer, 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 shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. 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. 5.12 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 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. 5.13 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 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 5.13.A.2 or 5.13.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. 5.14 Safety Representative Contractor shall inform City in writing of Contractor’s designated safety representative at the Site. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 5.15 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. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 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 5.16.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 5.16.C. 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 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. 5.17 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 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 or Developer 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 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 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS 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. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to City. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 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 5.19, 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 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. 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. C. 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 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. D. 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. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 ARTICLE 6 – OTHER WORK AT THE SITE 6.01 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. ARTICLE 7 – CITY’S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 7.03 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 5.13. ARTICLE 8 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City’s Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City’s representative during construction are set forth in the Contract Documents. A. City’s Project Representative 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 Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City’s Project Representative 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 Representative’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 Representative’s visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City’s Project Representative 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 Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City’s Project Representative 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 11, whether or not the Work is fabricated, installed, or completed. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Representative 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). ARTICLE 9 – CHANGES IN THE WORK 9.01 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 Participating 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 on a project with City participation, a Field Order may be issued by the City. 9.02 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. ARTICLE 10 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 ARTICLE 11 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 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. 11.02 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. 11.03 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 approved by 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 11.03 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 CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance 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. 11.04 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. 11.05 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 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 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 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 11.07 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 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 5.10.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. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, 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 and Developer should such additional warranty coverage be required. Contractor’s obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 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 11.06.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 and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 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 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 11.09. ARTICLE 12 – COMPLETION 12.01 Contractor’s Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 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. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 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. 12.04 Final Acceptance A. 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 upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. 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. 5. 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. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 – SUSPENSION OF WORK 13.01 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 stop contract time on City participation projects. 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 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. ARTICLE 14 – MISCELLANEOUS 14.01 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. 14.02 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. 14.03 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 CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 14.04 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. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 01 11 00 - 1 DAP SUMMARY OF WORK Page 1 of 3 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project No. 102152 Revised December 20, 2012 SECTION 01 11 00 1 SUMMARY OF WORK 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Summary of Work to be performed in accordance with the Contract Documents 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 10 2. Division 1 - General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered subsidiary to the various items bid. 14 No separate payment will be allowed for this Item. 15 1.3 REFERENCES [NOT USED] 16 1.4 ADMINISTRATIVE REQUIREMENTS 17 A. Work Covered by Contract Documents 18 1. Work is to include furnishing all labor, materials, and equipment, and performing 19 all Work necessary for this construction project as detailed in the Drawings and 20 Specifications. 21 B. Subsidiary Work 22 1. Any and all Work specifically governed by documentary requirements for the 23 project, such as conditions imposed by the Drawings or Contract Documents in 24 which no specific item for bid has been provided for in the Proposal and the item is 25 not a typical unit bid item included on the standard bid item list, then the item shall 26 be considered as a subsidiary item of Work, the cost of which shall be included in 27 the price bid in the Proposal for various bid items. 28 C. Use of Premises 29 1. Coordinate uses of premises under direction of the City. 30 2. Assume full responsibility for protection and safekeeping of materials and 31 equipment stored on the Site. 32 3. Use and occupy only portions of the public streets and alleys, or other public places 33 or other rights-of-way as provided for in the ordinances of the City, as shown in the 34 Contract Documents, or as may be specifically authorized in writing by the City. 35 a. A reasonable amount of tools, materials, and equipment for construction 36 purposes may be stored in such space, but no more than is necessary to avoid 37 delay in the construction operations. 38 01 11 00 - 2 DAP SUMMARY OF WORK Page 2 of 3 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project No. 102152 Revised December 20, 2012 b. Excavated and waste materials shall be stored in such a way as not to interfere 1 with the use of spaces that may be designated to be left free and unobstructed 2 and so as not to inconvenience occupants of adjacent property. 3 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 4 manner as not to interfere with the operation of the railroad. 5 1) All Work shall be in accordance with railroad requirements set forth in 6 Division 0 as well as the railroad permit. 7 D. Work within Easements 8 1. Do not enter upon private property for any purpose without having previously 9 obtained permission from the owner of such property. 10 2. Do not store equipment or material on private property unless and until the 11 specified approval of the property owner has been secured in writing by the 12 Contractor and a copy furnished to the City. 13 3. Unless specifically provided otherwise, clear all rights-of-way or easements of 14 obstructions which must be removed to make possible proper prosecution of the 15 Work as a part of the project construction operations. 16 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 17 lawns, fences, culverts, curbing, and all other types of structures or improvements, 18 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 19 appurtenances thereof, including the construction of temporary fences and to all 20 other public or private property adjacent to the Work. 21 5. Notify the proper representatives of the owners or occupants of the public or private 22 lands of interest in lands which might be affected by the Work. 23 a. Such notice shall be made at least 48 hours in advance of the beginning of the 24 Work. 25 b. Notices shall be applicable to both public and private utility companies and any 26 corporation, company, individual, or other, either as owners or occupants, 27 whose land or interest in land might be affected by the Work. 28 c. Be responsible for all damage or injury to property of any character resulting 29 from any act, omission, neglect, or misconduct in the manner or method or 30 execution of the Work, or at any time due to defective work, material, or 31 equipment. 32 6. Fence 33 a. Restore all fences encountered and removed during construction of the Project 34 to the original or a better than original condition. 35 b. Erect temporary fencing in place of the fencing removed whenever the Work is 36 not in progress and when the site is vacated overnight, and/or at all times to 37 provide site security. 38 c. The cost for all fence work within easements, including removal, temporary 39 closures and replacement, shall be subsidiary to the various items bid in the 40 project proposal, unless a bid item is specifically provided in the proposal. 41 01 11 00 - 3 DAP SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project No. 102152 Revised December 20, 2012 1.5 SUBMITTALS [NOT USED] 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 01 25 00 - 1 DAP SUBSTITUTION PROCEDURES Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 SECTION 01 25 00 SUBSTITUTION PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to 1 or more of the following: a. Name of manufacturer b. Name of vendor c. Trade name d. Catalog number 2. Substitutions are not "or-equals". 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 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. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS 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 DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 01 25 00 - 2 DAP SUBSTITUTION PROCEDURES Page 2 of 4 b. Contractor proposes a cost and/or time reduction incentive to the City. 1.5 SUBMITTALS A. See Request for Substitution Form (attached) B. Procedure for Requesting Substitution 1. Substitution shall be considered only: a. After award of Contract b. Under the conditions stated herein 2. Submit 3 copies of each written request for substitution, including: a. Documentation 1) Complete data substantiating compliance of proposed substitution with Contract Documents 2) Data relating to changes in construction schedule, when a reduction is proposed 3) Data relating to changes in cost b. For products 1) Product identification a) Manufacturer's name b) Telephone number and representative contact name c) Specification Section or Drawing reference of originally specified product, including discrete name or tag number assigned to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a) Size b) Composition or materials of construction c) Weight d) Electrical or mechanical requirements 4) Product experience a) Location of past projects utilizing product b) Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product c) Available field data and reports associated with proposed product 5) Samples a) Provide at request of City. b) Samples become the property of the City. c. For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C. Approval or Rejection 1. Written approval or rejection of substitution given by the City 2. City reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. 3. In the event the substitution is approved, if a reduction in cost or time results, it will be documented by Change Order. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 01 25 00 - 3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 4. Substitution will be rejected if: a. Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c. In the Developer’s opinion, acceptance will require substantial revision of the original design d. In the City’s or Developer’s opinion, substitution will not perform adequately the function consistent with the design intent 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. In making request for substitution or in using an approved product, the Contractor represents that the Contractor: 1. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work, to include building modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 01 25 00 - 4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: TO: 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 Recommended Recommended as noted Firm Not recommended Received late Address By Date Date Remarks Telephone For Use by City: Approved Rejected City Date 01 31 19 - 1 DAP PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 SECTION 01 31 19 PRECONSTRUCTION MEETING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. No construction schedule required unless requested by the City. 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 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. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Attend preconstruction meeting. 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 delivery of the distribution package to the City. 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. Developer and Consultant 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 e. Other City representatives f. Others as appropriate 4. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor’s work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material l. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre-Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City’s representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance ii. Final Payment jj. Questions or Comments CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 01 31 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 1.5 SUBMITTALS [NOT USED] 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 [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 32 33 - 1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 SECTION 01 32 33 PRECONSTRUCTION VIDEO PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification 1. Though not mandatory, it is highly recommended on infill developer projects. 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 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. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 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 [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 01 32 33 - 2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 33 00 - 1 DAP SUBMITTALS Page 1 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 SECTION 01 33 00 DAP SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. General methods and requirements of submissions applicable to the following Work-related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) c. Samples d. Mock Ups 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 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. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication f) Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 01 33 00 - 2 DAP SUBMITTALS Page 2 of 8 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 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. Submittal Numbering 1. 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=4th 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 1. 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 ½ inches x 11 inches to 8 ½ inches x 11inches. 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 – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 01 33 00 - 3 DAP SUBMITTALS Page 3 of 8 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom-prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 2. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product data for products included on the City’s Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City’s Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing-in diagrams and templates 5) Catalog cuts 6) Product photographs CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 01 33 00 - 4 DAP SUBMITTALS Page 4 of 8 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 7) Standard wiring diagrams 8) Printed performance curves and operational-range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare-parts listing and printed product warranties 12) As applicable to the Work H. Samples 1. As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work I. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed, materials purchased or on-site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution 1. Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City’s Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 01 33 00 - 5 DAP SUBMITTALS Page 5 of 8 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 01 33 00 - 6 DAP SUBMITTALS Page 6 of 8 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 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 1) 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 Developer at least 7 Calendar Days prior to release for manufacture. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 01 33 00 - 7 DAP SUBMITTALS Page 7 of 8 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Sufficient information shall be attached to permit a written response without further information. 1.5 SUBMITTALS [NOT USED] 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 [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 01 33 00 - 8 DAP SUBMITTALS Page 8 of 8 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 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 01 35 13 - 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102152 Revised August, 30, 2013 SECTION 01 35 13 1 SPECIAL PROJECT PROCEDURES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedures for special project circumstances that includes, but is not limited to: 6 a. Coordination with the Texas Department of Transportation 7 b. Work near High Voltage Lines 8 c. Confined Space Entry Program 9 d. Air Pollution Watch Days 10 e. Use of Explosives, Drop Weight, Etc. 11 f. Water Department Notification 12 g. Public Notification Prior to Beginning Construction 13 h. Coordination with United States Army Corps of Engineers 14 i. Coordination within Railroad permits areas 15 j. Dust Control 16 k. Employee Parking 17 18 B. Deviations from this City of Fort Worth Standard Specification 19 1. None. 20 C. Related Specification Sections include, but are not necessarily limited to: 21 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 22 2. Division 1 – General Requirements 23 3. Section 33 12 25 – Connection to Existing Water Mains 24 25 1.2 REFERENCES 26 A. Reference Standards 27 1. Reference standards cited in this Specification refer to the current reference 28 standard published at the time of the latest revision date logged at the end of this 29 Specification, unless a date is specifically cited. 30 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 31 High Voltage Overhead Lines. 32 3. North Central Texas Council of Governments (NCTCOG) – Clean Construction 33 Specification 34 1.3 ADMINISTRATIVE REQUIREMENTS 35 A. Coordination with the Texas Department of Transportation 36 1. When work in the right-of-way which is under the jurisdiction of the Texas 37 Department of Transportation (TxDOT): 38 a. Notify the Texas Department of Transportation prior to commencing any work 39 therein in accordance with the provisions of the permit 40 01 35 13 - 2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102152 Revised August, 30, 2013 b. All work performed in the TxDOT right-of-way shall be performed in 1 compliance with and subject to approval from the Texas Department of 2 Transportation 3 B. Work near High Voltage Lines 4 1. Regulatory Requirements 5 a. All Work near High Voltage Lines (more than 600 volts measured between 6 conductors or between a conductor and the ground) shall be in accordance with 7 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 8 2. Warning sign 9 a. Provide sign of sufficient size meeting all OSHA requirements. 10 3. Equipment operating within 10 feet of high voltage lines will require the following 11 safety features 12 a. Insulating cage-type of guard about the boom or arm 13 b. Insulator links on the lift hook connections for back hoes or dippers 14 c. Equipment must meet the safety requirements as set forth by OSHA and the 15 safety requirements of the owner of the high voltage lines 16 4. Work within 6 feet of high voltage electric lines 17 a. Notification shall be given to: 18 1) The power company (example: ONCOR) 19 a) Maintain an accurate log of all such calls to power company and record 20 action taken in each case. 21 b. Coordination with power company 22 1) After notification coordinate with the power company to: 23 a) Erect temporary mechanical barriers, de-energize the lines, or raise or 24 lower the lines 25 c. No personnel may work within 6 feet of a high voltage line before the above 26 requirements have been met. 27 C. Confined Space Entry Program 28 1. Provide and follow approved Confined Space Entry Program in accordance with 29 OSHA requirements. 30 2. Confined Spaces include: 31 a. Manholes 32 b. All other confined spaces in accordance with OSHA’s Permit Required for 33 Confined Spaces 34 D. Use of Explosives, Drop Weight, Etc. 35 1. When Contract Documents permit on the project the following will apply: 36 a. Public Notification 37 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 38 prior to commencing. 39 2) Minimum 24 hour public notification in accordance with Section 01 31 13 40 E. Water Department Coordination 41 1. During the construction of this project, it will be necessary to deactivate, for a 42 period of time, existing lines. The Contractor shall be required to coordinate with 43 the Water Department to determine the best times for deactivating and activating 44 those lines. 45 01 35 13 - 3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102152 Revised August, 30, 2013 2. Coordinate any event that will require connecting to or the operation of an existing 1 City water line system with the City’s representative. 2 a. Coordination shall be in accordance with Section 33 12 25. 3 b. If needed, obtain a hydrant water meter from the Water Department for use 4 during the life of named project. 5 c. In the event that a water valve on an existing live system be turned off and on 6 to accommodate the construction of the project is required, coordinate this 7 activity through the appropriate City representative. 8 1) Do not operate water line valves of existing water system. 9 a) Failure to comply will render the Contractor in violation of Texas Penal 10 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 11 will be prosecuted to the full extent of the law. 12 b) In addition, the Contractor will assume all liabilities and 13 responsibilities as a result of these actions. 14 F. Public Notification Prior to Beginning Construction 15 1. Prior to beginning construction on any block in the project, on a block by block 16 basis, prepare and deliver a notice or flyer of the pending construction to the front 17 door of each residence or business that will be impacted by construction. The notice 18 shall be prepared as follows: 19 a. Post notice or flyer 7 days prior to beginning any construction activity on each 20 block in the project area. 21 1) Prepare flyer on the Contractor’s letterhead and include the following 22 information: 23 a) Name of Project 24 b) City Project No (CPN) 25 c) Scope of Project (i.e. type of construction activity) 26 d) Actual construction duration within the block 27 e) Name of the contractor’s foreman and phone number 28 f) Name of the City’s inspector and phone number 29 g) City’s after-hours phone number 30 2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit 31 A. 32 3) Submit schedule showing the construction start and finish time for each 33 block of the project to the inspector. 34 4) Deliver flyer to the City Inspector for review prior to distribution. 35 b. No construction will be allowed to begin on any block until the flyer is 36 delivered to all residents of the block. 37 G. Public Notification of Temporary Water Service Interruption during Construction 38 1. In the event it becomes necessary to temporarily shut down water service to 39 residents or businesses during construction, prepare and deliver a notice or flyer of 40 the pending interruption to the front door of each affected resident. 41 2. Prepared notice as follows: 42 a. The notification or flyer shall be posted 24 hours prior to the temporary 43 interruption. 44 b. Prepare flyer on the contractor’s letterhead and include the following 45 information: 46 1) Name of the project 47 2) City Project Number 48 01 35 13 - 4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102152 Revised August, 30, 2013 3) Date of the interruption of service 1 4) Period the interruption will take place 2 5) Name of the contractor’s foreman and phone number 3 6) Name of the City’s inspector and phone number 4 c. A sample of the temporary water service interruption notification is attached as 5 Exhibit B. 6 d. Deliver a copy of the temporary interruption notification to the City inspector 7 for review prior to being distributed. 8 e. No interruption of water service can occur until the flyer has been delivered to 9 all affected residents and businesses. 10 f. Electronic versions of the sample flyers can be obtained from the Project 11 Construction Inspector. 12 H. Coordination with United States Army Corps of Engineers (USACE) 13 1. At locations in the Project where construction activities occur in areas where 14 USACE permits are required, meet all requirements set forth in each designated 15 permit. 16 I. Coordination within Railroad Permit Areas 17 1. At locations in the project where construction activities occur in areas where 18 railroad permits are required, meet all requirements set forth in each designated 19 railroad permit. This includes, but is not limited to, provisions for: 20 a. Flagmen 21 b. Inspectors 22 c. Safety training 23 d. Additional insurance 24 e. Insurance certificates 25 f. Other employees required to protect the right-of-way and property of the 26 Railroad Company from damage arising out of and/or from the construction of 27 the project. Proper utility clearance procedures shall be used in accordance 28 with the permit guidelines. 29 2. Obtain any supplemental information needed to comply with the railroad’s 30 requirements. 31 J. Dust Control 32 1. Use acceptable measures to control dust at the Site. 33 a. If water is used to control dust, capture and properly dispose of waste water. 34 b. If wet saw cutting is performed, capture and properly dispose of slurry. 35 K. Employee Parking 36 1. Provide parking for employees at locations approved by the City. 37 38 01 35 13 - 5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102152 Revised August, 30, 2013 1.4 SUBMITTALS [NOT USED] 1 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.6 CLOSEOUT SUBMITTALS [NOT USED] 3 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.8 QUALITY ASSURANCE [NOT USED] 5 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.10 FIELD [SITE] CONDITIONS [NOT USED] 7 1.11 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.3.B – Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 13 01 35 13 - 6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102152 Revised August, 30, 2013 EXHIBIT A 1 (To be printed on Contractor’s Letterhead) 2 3 4 5 Date: 6 7 CPN No.: 8 Project Name: 9 Mapsco Location: 10 Limits of Construction: 11 12 13 14 15 16 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 17 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 18 PROPERTY. 19 20 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 21 OF THIS NOTICE. 22 23 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 24 ISSUE, PLEASE CALL: 25 26 27 Mr. <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> 28 29 OR 30 31 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 32 33 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 34 35 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 36 37 01 35 13 - 7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 CITY OF FORT WORTH Sanitary Sewer Interceptor Improvements M-295 and M-329 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102152 Revised August, 30, 2013 EXHIBIT B 1 2 3 4 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised March 20, 2020 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 SECTION 01 45 23 TESTING AND INSPECTION SERVICES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination 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 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. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to the City’s document management system, or another form of distribution approved by the City. 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised March 20, 2020 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City’s Project Representative 4. Provide City’s Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 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 [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City’s document management system. 01 50 00 - 1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised JULY 1, 2011 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a. Temporary utilities b. Sanitary facilities c. Storage Sheds and Buildings d. Dust control e. Temporary fencing of the construction site 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 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. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City’s Project Representatives. c. Coordination 1) Contact City 1 week before water for construction is desired 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised JULY 1, 2011 d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City’s established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off-site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. D. Temporary Fencing 1. Provide and maintain for the duration or construction when required in contract documents E. Dust Control 01 50 00 - 3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised JULY 1, 2011 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on-call at all times b. Must respond in a timely manner F. Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 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 [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. Temporary Facilities 1. Maintain all temporary facilities for duration of construction activities as needed. 3.5 [REPAIR] / [RESTORATION] 3.6 RE-INSTALLATION 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 A. Temporary Facilities 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised JULY 1, 2011 1. Remove all temporary facilities and restore area after completion of the Work, to a condition equal to or better than prior to start of Work. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 55 26 - 1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised July 1, 2011 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 SECTION 01 55 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative procedures for: a. Street Use Permit b. Modification of approved traffic control c. Removal of Street Signs 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 3. Section 34 71 13 – Traffic Control 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. 1.3 REFERENCES A. Reference Standards 1. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification, unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS A. Traffic Control 1. General a. When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B. Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised July 1, 2011 01 55 26 - 2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 1) Allow a minimum of 5 working days for permit review. 2) Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. C. Modification to Approved Traffic Control 1. Prior to installation traffic control: a. Submit revised traffic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D. Removal of Street Sign 1. If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E. Temporary Signage 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F. Traffic Control Standards 1. Traffic Control Standards can be found on the City’s Buzzsaw website. 1.5 SUBMITTALS [NOT USED] 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 [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised July 1, 2011 01 55 26 - 3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised July 1, 2011 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 01 57 13 - 1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 SECTION 01 57 13 STORM WATER POLLUTION PREVENTION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans 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 3. Section 31 25 00 – Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance a. Measurement and Payment shall be in accordance with Section 31 25 00. 1.3 REFERENCES A. Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A. General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised July 1, 2011 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 B. Construction Activities resulting in: 1. Less than 1 acre of disturbance 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 a. Provide erosion and sediment control in accordance with Section 31 25 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 31 25 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 31 25 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. 1.5 SUBMITTALS A. SWPPP 1. Submit in accordance with Section 01 33 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised July 1, 2011 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 B. Modified SWPPP 01 57 13 - 3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 01 33 00. 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 [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 60 00 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised March 20, 2020 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. References for Product Requirements and City Standard Products List 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 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A list of City approved products for use is available through the City’s website at: https://apps.fortworthtexas.gov/ProjectResources/ and following the directory path: 02 - Construction Documents\Standard Products List A. Only products specifically included on City’s Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. B. Any specific product requirements in the Contract Documents supersede similar products included on the City’s Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City’s Standard Product List. C. Although a specific product is included on City’s Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer’s standard product. D. See Section 01 33 00 for submittal requirements of Product Data included on City’s Standard Product List. 1.5 SUBMITTALS [NOT USED] 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 [NOT USED] 01 60 00 DAP PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised March 20, 2020 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City’s Standard Product List 4/7/2014 M.Domenech Revised for DAP application 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City’s website. 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 SECTION 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments 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 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. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 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 [NOT USED] 1.10 DELIVERY AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B. Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer’s recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer’s recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City’s Project Representative. 5. Provide off-site storage and protection when on-site storage is not adequate. a. Provide addresses of and access to off-site storage locations for inspection by City’s Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers’ unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City’s Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City’s Project Representative. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 01 66 00 - 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non-Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 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 A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 71 23 - 1 DAP CONSTRUCTION STAKING AND SURVEY Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 SECTION 01 71 23 CONSTRUCTION STAKING AND SURVEY PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Requirements for construction staking and construction survey 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 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Staking a. Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Construction Survey a. Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Submittals, if required, shall be in accordance with Section 01 33 00. B. All submittals shall be approved by the City prior to delivery. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS A. Certificates 1. Provide certificate certifying that elevations and locations of improvements are in conformance or non-conformance with requirements of the Contract Documents. a. Certificate must be sealed by a registered professional land surveyor in the State of Texas. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 01 71 23 - 2 DAP CONSTRUCTION STAKING AND SURVEY Page 2 of 4 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 B. Field Quality Control Submittals 1. Documentation verifying accuracy of field engineering work. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Construction Staking 1. Construction staking will be performed by the City. 2. Coordination a. Contact City’s Project Representative at least 2 weeks in advance for scheduling of Construction Staking. b. It is the Contractor’s responsibility to coordinate staking such that construction activities are not delayed or negatively impacted. 3. General a. Contractor is responsible for preserving and maintaining stakes furnished by City. b. If in the opinion of the City, a sufficient number of stakes or markings have been lost, destroyed or disturbed, by Contractor’s neglect, such that the contracted Work cannot take place, then the Contractor will be required to pay the City for new staking with a 25 percent markup. The cost for staking will be deducted from the payment due to the Contractor for the Project. B. Construction Survey 1. Construction Survey will be performed by the City. 2. Coordination a. Contractor to verify that control data established in the design survey remains intact. b. Coordinate with the City prior to field investigation to determine which horizontal and vertical control data will be required for construction survey. c. It is the Contractor’s responsibility to coordinate Construction Survey such that construction activities are not delayed or negatively impacted. d. Notify City if any control data needs to be restored or replaced due to damage caused during construction operations. 1) City shall perform replacements and/or restorations. 3. General a. Construction survey will be performed in order to maintain complete and accurate logs of control and survey work as it progresses for Project Records. b. The Contractor will need to ensure coordination is maintained with the City to perform construction survey to obtain construction features, including but not limited to the following: 1) All Utility Lines a) Rim and flowline elevations and coordinates for each manhole or junction structure 2) Water Lines a) Top of pipe elevations and coordinates for waterlines at the following locations: (1) Every 250 linear feet CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 01 71 23 - 3 DAP CONSTRUCTION STAKING AND SURVEY Page 3 of 4 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 (2) Horizontal and vertical points of inflection, curvature, etc. (All Fittings) (3) Cathodic protection test stations (4) Sampling stations (5) Meter boxes/vaults (All sizes) (6) Fire lines (7) Fire hydrants (8) Gate valves (9) Plugs, stubouts, dead-end lines (10) Air Release valves (Manhole rim and vent pipe) (11) Blow off valves (Manhole rim and valve lid) (12) Pressure plane valves (13) Cleaning wyes (14) Casing pipe (each end) b) Storm Sewer (1) Top of pipe elevations and coordinates at the following locations: (a) Every 250 linear feet (b) Horizontal and vertical points of inflection, curvature, etc. c) Sanitary Sewer (1) Top of pipe elevations and coordinates for sanitary sewer lines at the following locations: (a) Every 250 linear feet (b) Horizontal and vertical points of inflection, curvature, etc. (c) Cleanouts c. Construction survey will be performed in order to maintain complete and accurate logs of control and survey work associated with meeting or exceeding the line and grade required by these Specifications. d. The Contractor will need to ensure coordination is maintained with the City to perform construction survey and to verify control data, including but not limited to the following: 1) Established benchmarks and control points provided for the Contractor’s use are accurate 2) Benchmarks were used to furnish and maintain all reference lines and grades for tunneling 3) Lines and grades were used to establish the location of the pipe 4) Submit to the City copies of field notes used to establish all lines and grades and allow the City to check guidance system setup prior to beginning each tunneling drive. 5) Provide access for the City to verify the guidance system and the line and grade of the carrier pipe on a daily basis. 6) The Contractor remains fully responsible for the accuracy of the work and the 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 City. 9) If the installation does not meet the specified tolerances, immediately notify the City and correct the installation in accordance with the Contract Documents. 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 01 71 23 - 4 DAP CONSTRUCTION STAKING AND SURVEY Page 4 of 4 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. It is the Contractor’s responsibility to maintain all stakes and control data placed by the City in accordance with this Specification. B. Do not change or relocate stakes or control data without approval from the City. 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 DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 74 23 - 1 DAP CLEANING Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 SECTION 01 74 23 CLEANING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere 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 3. Section 32 92 13 – Hydro-Mulching, Seeding and Sodding 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. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 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 [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 01 74 23 - 2 DAP CLEANING Page 2 of 4 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 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 APPLICATION [NOT USED] 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 A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 01 74 23 - 3 DAP CLEANING Page 3 of 4 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on-site. B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which may become airborne or transported by flowing water during the storm. C. Exterior (Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a. Re-seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 01 74 23 - 4 DAP CLEANING Page 4 of 4 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 77 19 - 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 SECTION 01 77 19 CLOSEOUT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for closing out a contract 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 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. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. 1.5 SUBMITTALS A. Submit all required documentation to City’s Project Representative. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 01 77 19 - 2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 01 78 39 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 01 74 23. C. Final Inspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f. Vault keys g. Handwheels h. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 01 77 19 - 3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 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 DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 78 23 - 1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 SECTION 01 78 23 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) c. Butterfly Valves 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 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. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be approved by the City prior to delivery. 1.6 INFORMATIONAL SUBMITTALS A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8 ½ inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer’s printed data, or neatly typewritten CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e. Provide fly-leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f. Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual 3. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content 1. Neatly typewritten table of contents for each volume, arranged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a. Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a. Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c. Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: a. Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut-down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions f. Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 i. Charts of valve tag numbers, with location and function of each valve j. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking f. Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Provide operation and maintenance data by personnel with the following criteria: 1. Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1 – title of section removed 4/7/2014 M.Domenech Revised for DAP Application 01 78 39 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 SECTION 01 78 39 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY 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 c. Sanitary Sewer Service Reports d. Large Water Meter Reports 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 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. 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 SUBMITTALS/INFORMATIONAL 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, making 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 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 1. 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 final 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 01 78 39 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 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 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. e. In 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. 1) 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 1 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 1. 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. c. Call attention to each entry by drawing a "cloud" around the area or areas affected. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 Sanitary Sewer Interceptor Improvements M-295 and M-329 City Project No. 102152 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 / 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 DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application