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Home My WebLink AboutContract 44621 (3)� � � � . � �� i � y �,- J r'i ', I _ .. . . _ . ' � . z k, ' -�.�._ t s � � i ,_._._ _ ....__ , . y ._... .. �. . . " CIlY SECRETAI2Y PROJECT MANUAL FOR THE CONSTRUCTION OF CONTRACTOR D.D.E. FILC. CUf�TRF�GT:�(?'S �3��J[�I�I� �TER 1V�AIN IMPROVEMENTS CC�NSI�RUCTl�`�fv'� �C�F�Y ON WESTERN CENTER BOULEVARD CLI�N1' t��A(�`tl�iE�OM LOU MENK DRiVE TO OLD D�NTON ROAD (NORTH 'TARRANT EXPRESS - SEGMENT 3B) CITY PROJECT NO. 02051 WATER PROJECT NO. P265-602170205187 D.O.E. NO. 6988 Betsy Price Tom Hi�gins Mayor City Manager S. Frank Crumb, P.E. Director, Water Department Prepared for The City of Fort Worth i � 2013 Prepared by: G� � Kimley-Horn � and Associates, I Texas Registered EngLneering Firm F-928 KHA No. 061018101 �� .Ef�� .��_ '� � ��'i nc. � NG�NEER�� TX Firm Reg� No. 12218 3950 Fossil Creek Blvd., Suite 204 Fort Worth, Texas 76137 EBG Project No. 12054 �.-15-13 ,. � ~~~oF ~`�a � � P�E.. , ... . rF�- s�a �, � r* .. ,.... *+ . . � r.* .:.........................�.*�, r BRENT E. LEWIS � + .................................r ++ .��. 92662 ..�e�i +t s�,c��.(/CENS��G��,�r•+ t SS��.......�� .. �� U t��N~�4�"�— M&� Review CITY COUNCIL AGENDA Page 1 of 2 Official site of the City of Fort Worth, Texas �oK�r �'VoR�rii _`�`r_- COUNCIL ACTION: Approved on 5/7/2013 --- — ----- ---- - ----- -- --- -- — — -- - -- - — ---- _ _ - _ _ - — - - - - - ----- -------- - -- ---� DATE: 5/7/2013 REFERENCE NO.: **C-26233 LOG NAME: 60WESTCEN-ATKINS CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with Atkins Bros. Equipment Co., Inc., in the Amount of $699,867.00 for Water Main Improvements on Western Center Boulevard from Lou Menk Drive to Old Denton Road, North Tarrant Express - Segment 36 and Provide for Project Costs and Contingencies for a Project Total in the Amount of $774,867.00 (COUNCIL DISTRICT 2) -- -- -- -- -- - — - --- -- — -_ _ -- -- _ -- _ - - ------ � RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Atkins Bros. Equipment Co., Inc., in the amount of $699,867.00 for water main improvements on Western Center Boulevard from Lou Menk Drive to Old Denton Road, North Tarrant Express - Segment 3B. DISCUSSION: On January 24, 2012, (M&C C-25417) the City Council authorized an Engineering Agreement with Kimley-Horn & Associates, Inc., for Design Oversight and Project Management Services on North Tarrant Express Projects IH-820 from IH-35 to Southwestern Railroad, and DART Railroad Crossing and Segment 3B (IH-35 from IH-820 to US81/287). The proposed improvements provide for water main improvements ahead of the North Tarrant Express Segment 3B (IH-35 from IH-820 to US81/287) and will also provide water supply to the service area as the existing water mains at IH-35 and Western Center are relocated under Segment 36. This project was advertised for bid on February 21, 2013 and February 28, 2013 in the Fort Worth Star-Telegram. On March 14, 2013, the following bids were received: Atkins Bros. Equipment Co., Inc. �� $699,867.00 Jackson Construction Ltd. $786,079.00 Ark Contractinq Services, LLC $1,055,576.00 i ime or �ompietion 105 Calendar Days In addition to the contract amount, $50,000.00 is required for construction staking, material testing, and inspection and $25,000.00 is provided for project contingencies. M/WBE Office: Atkins Bros. Equipment Co., Inc., is in compliance with the City's BDE Ordinance by committing to 15 percent MBE participation on this project. The City's goal on this project is 15 percent. This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. TO Fund/AccountlCenters FROM Fund/Account/Centers http://apps.cfwnet.org/council�acket/mc_review.asp?ID=18344&councildate=5/7/2013 5/23/2013 M&C Review Page 2 of 2 P265 541200 602170205187 $699,867.00 Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: Fernando Costa (6122) S. Frank Crumb (8207) John R. Kasavich (8480) ATTACHMENTS 60WESTCEN-ATKINS MAP.pdf http://apps.cfwnet.org/council�acket/mc_review.asp?ID=18344&councildate=5/7/2013 5/23/2013 � � i ��P� PROJECT MANUAL FOR THE CONSTRUCTION OF WATER MAIN IMPROVEMENTS ON WESTERN CENTER BOULEVARD FROM LOU MENK DRIVE TO OLD DENTON ROAD (NORTH TARRANT EXPRESS - SEGMENT 3B) CITY PROJECT NO. 02051 WATER PROJECT NO. P265-602170205187 D.O.E. NO. 6988 Betsy Price Mayor S. Frank Crumb, P.E. Director, Water Department Prepared for The City of Fort Worth 2013 Prepared by: �� Kimley-Horn � and Associates, Inc. F � Texas Registered Engineering Fum F-928 NGINEER�� KE-IA No. 061018101 TX Firm Reg. No. 12218 , 3950 Fossil Creek Blvd., Suite 204 Fort Worth, Texas 76137 EBG Project No. 12054 Tom Higgins City Manager �.-IS-13 �..�.ztt r ��P�E OF TF,�,9�t:! r ''* • • *+r r . , � �. r..* .:..............:..........•. * +r � BRENT E. LEWIS � I.................................� r+ ,o'�. 92662 �e-r 't� �,c'�' • � � C E NS��•' ��c',;•► stFss �........ • Nc,+ �� c�ttt�iNti L �`.�. , i2P�n� � � cn�8yv�2-- 00 00 00 - t TABLE OF CON'I'ENTS Page t of 3 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions 00 OS 10 Mayor and Council Communication 00 OS 15 Addenda 00 11 13 Invitation to Bidders 00 21 13 Instructions to Bidders 00 35 13 Conflict of Interest Affidavit 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 00 43 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 00 45 11 Bidders Prequalifications 00 45 12 Prequalification Statement 00 45 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers' Compensation Law 00 45 40 Minority Business Enterprise Goal 00 52 43 Agreement 00 61 13 Performance Bond 00 61 14 Payment Bond 00 61 19 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division Ol - General Requirements O1 11 00 Summary of Work - Modi�ed O1 25 00 Substitution Procedures O1 31 19 Preconstruction Meeting O1 31 20 Project Meetings O1 32 16 Construction Progress Schedule O1 32 33 Preconstruceion Video O1 33 00 Submittals 01 35 13 Special Project Procedures O1 45 23 Testing and Inspection Services O1 50 00 Temporary Facilities and Controls O1 55 26 Street Use Permit and Modifications to Traffic Control O1 57 13 Storm Water Pollution Prevention Plan O1 58 13 Temporary Project Signage O1 60 00 Product Requirements O1 66 00 Product Storage and Handling Requirements O1 70 00 Mobilization and Remobilization O1 71 23 Construction Staking and Survey O1 74 23 Cleaning O1 77 19 Closeout Requirements O1 78 23 Operation and Maintenance Data O1 78 39 Project Record Documents Water Main Improvements on Western Center Boulevard CITY OF FOR1' WORTH from Lou Menk Drive to Old Denton Road S'I'ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tarr�nt Express — Segment 3B) Revised December 20, 2012 Ciry Project No. 02051 000000-z TABLE OF CONTENTS Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 l2 13 14 15 16 17 18 t9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract. Documents NONE Technical Specifications listed below are included for this Project. by reference and can be viewed/downloaded from the City's Buzzsaw site at: htps://projectpoint.buzzsaw.com/client/fortworthgov/Resources/02°Io20- %20Construction°Io20Documents/Specifications Division 02 - Existing Conditions 02 41 13 Selective Site Demolition 02 41 14 Utility Removal/Abandonment 02 41 15 Paving Removal Division 03 - Concrete 03 30 00 Cast-In-Place Concrete 03 34 13 Controlled Low Strength Material (CLSM) 03 34 16 Concrete Base Material for Trench Repair Division 31 - Earthwork 31 25 00 Erosion and Sediment Control Division 32 - Exterior Improvements 32 O1 17 Permanent Asphalt Paving Repair 32 O1 29 Concrete Paving Repair 32 12 16 Asphalt Paving 32 13 13 Concrete Paving 32 13 20 Concrete Sidewallcs, Driveways and Barrier Free Ramps 32 13 73 Concrete Paving Joint Sealants 32 16 13 Concrete Curb and Gutters and Valley Gutters 32 17 23 Pavement Marlcings 32 91 19 Topsoil Placement and Finishing of Parlcways 32 92 13 Hydro-Mulching, Seeding, and Sodding Division 33 — Utilities 33 04 40 Cleaning and Acceptance Testing of Water Mains 33 OS 10 Utility Trench Excavation, Embedment, and Bacicfill 33 OS 13 Frame, Cover and Grade Rings 33 OS 16 Concrete Water Vaults 33 OS 17 Concrete Collars 33 OS 20 Auger Boring 33 OS 22 Steel Casing Pipe 33 OS 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 33 OS 26 Utility Marl<ers/Locators 33 OS 30 Location of Existing Utilities 33 11 OS Bolts, Nuts, and Gasl<ets 33 11 10 Ductile Iron Pipe 33 11 11 Ductile I�•on Fittings C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Water M1in Improvements on Western Center Boulev�rd from Lou Menk Drive to Old Denton Ro�d (Nortl� Tan�ant Express — Segment 3B) City Project No. 02051 1 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe � 2 33 12 20 Resilient Seated Gate Valve 3 33 12 25 Connection to Existing Water Mains 4 5 Division 34 — Transportation ' 6 34 71 13 Traffic Control 7 8 Appendix 9 GC-6.06.D Minority and Women Owned Business Enterprise Compliance 10 GC-6.07 Wage Rates 11 GR-01 60 00 Product Requirements � 12 13 END OF SECTION 00 00 00 - 3 TABLE OF CONTENTS Page 3 of 3 Water M�in Lnprovements on Western Center Boulevlyd CITY OF FORT WORTH from Lou Menk Drive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tan•ant Express — Segment 3B) Revised llecember 20, 2012 City Project No. 02051 000510-1 MAYOR AND COUNCIL COMMUNICA'I'ION (M&C) Page I of ( 1 SECTION 00 OS 10 2 MAYOR AND COUNCIL COMMUNICATION (M&C) 3 4 5 6 (Assembler: For Contrnct Doccnne��t exect�tion, renzove thi�s �n�ge ancl replace with tl��e npprovecl 7 M&C for tl7e a��var�l of the project. M&C i��sert shnll be on blare paper.J 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION Water Main Improvements on Western Center Boulevard CITY OF FORT WORTH firom Lou Menk Drive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North T1n•ant Express — Segment 3B) Revised July I, 2011 City Project No. 02051 00 OS I 5- I ADDENDA Page 1 of 1 1 SECTION 00 OS 15 2 ADDENDA 3 4 5 6 (Asse»ibler: For Cotatrnct Docwne�2t execi�tio�a, remove tliis page and repla�ce wi�t12 nny adclencln 7 issued ditri�l.g bidcfin.g.] 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised Jtily l, 2011 Water Main Improvements on Western Cen[er Boulevard from Lou Menk Drive ro Old Den[on Road (North Tan�ant Express — Segment 3B) City Project No. 02051 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 OOII l3-I INVITATION TO BIDDERS P�ge I of 2 SECTION 00 11 13 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of the Water Main Improvements on Western Center Boulevard from Lou Menk Drive to Old Denton Road (North Tarrant Express — Segment 3B), City Project No. 02051, Water Project No. P265-602170205187 will be received by the City of Fort Worth Purchasing Office: City of Fort Worth Purchasing Division 1000 Throckmorton Street Fort Worth, Texas 76102 until 1:30 P.M. CST, Thursday, March 14, 2013, and bids will be opened publicly and read aloud at 2:00 PM CST in the Council Chambers. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: Water Line Improvements: 2,164 LF 12" Water Pipe, CSS Backfill 70 LF 12" Water Carrier Pipe 70 LF 24" Casing By Other Than Open Cut 21 LF 8" Water Pipe, CSS Backfill 2 EA 24" Cut-in Valve w/ Vault 13 EA 12" Gate Valve PREQUALIFICATION The improvements included in this project, which require prequalification, must be performed by a contractor who is prequalified by the City at the time of bid opening. The procedures for qualification and prequalification 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.fortworth�ov.or /�urchasing/ and clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. Copies of the Bidding and Contract Documents may be purchased from: EBG Engineering, LLC 3950 Fossil Creek Blvd., Suite 204 Fort Worth, Texas 76137 (817) 847-9581 Water Main Improvements on Western Center Boulevard CITY OF FORT WORTH from Lou Menk Drive to Old Denton Road S'I'ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Ta�rant Express — Segment 3B) Revised July ►, 20ll City Project No. 02051 001113-2 INVITATION TO BIDDERS Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 The cost of Bidding and Contract Documents is: Set of Bidding and Contract Documents with full size drawings: $50 Set of Bidding and Contract Documents with half size (if available) drawings: $30 PRESID CONFERENCE A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following location, date, and time: DATE: Wednesday, March 6, 2013 TIME: 2:00 PM CST PLACE: Fort Worth City Hall, 1000 Throcicmorton Street Fort Worth, Texas 76102 LOCATION: Water Department Conference Room, 2°`' Floor, Room #225 CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregtillarities and to accept or reject bids. INQUIRIE5 All inquiries relative to this procurement should be addressed to the following: Attn: John R Kasavich, P.E., City of Fort Worth Email: John.Kasavich@fortworthtexas.gov Phone: (817) 392-8480 AND/OR Attn: Brent E. Lewis, P.E., EBG Engineering, LLC Email: blewis@ebgeng.com Phone: (817) 847-9581 ADVERTISEMENT DATES February 21, 2013 February 28, 2013 33 END OF SECTION Water Main Lnprovements on Western Center Boulevard CITY OF FORT WORTH from Lou Menk Drive to Old Denton Ro�d STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North T�n�n[ Express — Segment 3B) Revised Ju(y 1, 201 I City Project No. 02051 00 21 13 - I INSTRUCTIONS TO BIDDERS Page 1 of 9 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS 1. Defined Terms 1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. 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. 1.2.2. Nonresident 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 whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. 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. 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. Water Main Lnprovements on Western Cen[er Boulevard from Lou Menk Drive to Old Denton Road (North T1rr1n[ Express — Segment 3B) City Project Na 02051 CITY OF FORT WORTH STANDARD CONSTRUCI'ION SPECIFICA'I'ION DOCUMENTS Revised December 20, 2012 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 3.3. The City reserves the right to require any pre-qualified contractor who is the apparent low 2 bidder(s) for a project to submit such additional information as the City, in its sole 3 discretion may require, including but not limited to manpower and equipment records, 4 information about 1<ey personnel to be assigned to the project, and construction schedule, 5 to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to 6 deliver a quality product and successfully complete projects for the amount bid within 7 the stipulated time frame. Based upon the City's assessment of the submitted 8 information, a recommendation regarding the award of a contract will be made to the 9 City Council. Failure to submit the additional information, if requested, may be grounds 10 far rejecting the apparent low bidder as non-responsive. Affected contractors will be 11 notified in writing of a recommendation to the City Council. 12 13 3.4. In addition to prequalification, additional requirements for qualification may be required 14 within various sections of the Contract Documents. 15 16 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 17 18 4.1. Before submitting a Bid, each Bidder shall: 19 20 4.1. I. Examine and carefully study the Contract Documents and other related data 21 identified in the Bidding Documents (including "technical data" referred to in 22 Paragraph 4.2, below). No information given by City or any representative of the 23 City other than that contained in the Contract Documents and officially 24 promulgated lddenda thereto, shall be binding upon the City. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may �ffect cost, progress, performance or furnishing of the Worlc. 4.1.3. Consider federal, state and local Laws �nd Regulations that may affect cost, progress, performance or furnishing of the Worlc. 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 t�eliable "technical data." 41 4.1.5. Be advised that the Contract Documents on file with the City shall consritute all of 42 the information which the City will furnish. All additional infoi•mation and dat� 43 which the City will supply after promulgation of the formal Contract Documents 44 shall be issued in the form of written addenda and shall become part of the Contract 45 Documents just as though such addenda were actually written into the original 46 Contract Documents. No information given by the City other than that contained in 47 the Contract Documents and officially promulgated addenda thereto, shall be 48 binding upon the City. 49 Water Main Improvements on Western Center Boulevard CITY OF FORT WORTH from Lou Menk Diive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tarr�nt Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 002113-3 INSTRUCTIONS TO BIDDERS Page 3 oP 9 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. On request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time requued 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 City 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 City 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 City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 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 City 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. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. W�ter Main Improvements on Western Center Boulevard CITY OF FORT WORTH from Lou Menk Diive to Old Denton Ro�d STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tan��nt Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 oozi i3-a INSTRUCTIONS TO BIDDERS P�ge 4 of 9 1 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) 2 that Bidder has complied with every requirement of this Paragraph 4, (ii) that without 3 exception the Bid is premised upon performing and furnishing the Worlc required by the 4 Contract Documents and applying the specific means, methods, techniques, sequences or 5 procedures of construction (if any) that may be shown or indicated or expressly required 6 by the Contract Documents, (iii) that Bidder has given City written notice of all 7 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 8 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 9 etc., h�ve not been resolved through the interpretations by City as described in 10 Paragraph 6., and (iv) that the Contr�ct Documents are generally sufficient to indicate 11 and convey understanding of all terms and conditions for performing and furnishing the 12 Work. 13 14 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 15 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 16 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract 17 Documents. 18 19 5. Availability of Lands for Work, Etc. 20 21 5.1. The lands upon which the Work is to be performed, rights-of-way and easements for 22 access thereto and othei� lands designated for use by Contractor in performing the Worl< 23 1re identified in the Contract Documents. All additional lands and access thereto 24 required for temporary construction facilities, construction equipment or storage of 25 materials and equipment to be incorporated in the Work are to be obtained and paid for 26 by Contractor. Easements for permanent structures or permanent changes in existing 27 facilities are to be obtained and paid for by City unless otherwise provided in the 28 Contract Documents. 29 30 5.2.Outstanding cight-of-way, easements, and/or permits to be �cquired by the City are listed 31 in P�u•agraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 32 of-way, easeinents, and/or permits are not obtained, the City reserves the right to cancel 33 the award of contract at any time before the Bidder begins any const�uction worlc on the 34 project. 35 36 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 37 way, easements, and/or permits, and shall submit a schedule to the City of how 38 construction will proceed in the other areas of the project that do not require permits 39 and/or easements. 40 41 42 43 44 45 46 47 48 49 50 Water Main Improvements on Western Center Boulev�rd CITY OF FORT WORTH fi-om Lou Menk Drive to Old Denton Ro�d STANDARD CONS'CRUCTION SPECIFICATION DOCUMENTS (North Tarrant Express — Segment 3B) Revised December 20, 2012 City Project No. 0205 ( 0021 13-5 INS'PRUCTIONS TO BIDDERS Page 5 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City 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: City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Attn: John R. Kasavich, P.E., Water Department Fax: (817) 392-8195 Email: John.Kasavich@fortworthtexas.gov Phone: (817) 392-8480 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3. Addenda or clarifications may be posted via Buzzsaw at: l�ttps://�rojectpoifit.ba�zzsc�tiv,ca��/clie�at/forl�vorthgov/Infi�crstr��ctw�e Projects/02051 - Nortl�t Tar�rrr�tt Express Segme��t 38 - tiVester�z Cerzte�/Gerieral Co��tract Docinnerits nncl Specif'iccrtior�s/Acldenda 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessaiy 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. l. Each Bid must be accompanied by Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting the requirements of Paragraphs 5.01 of the General Conditions. 7.2. The Bid Bond of all Biddeis 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, City 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 City's exclusive remedy if Bidder defaults. The Bid Bond of all other Bidders whom City believes to have a reasonable chance of receiving the award will be retained by City until final contract execution. Water Main Improvements on Western Center Boulevard CITY OF FORT WORTH from Lou Menk Drive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tan�ant Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 002113-6 [NSTRUCTIONS TO I3IDDERS Page 6 of 9 1 8. Contract Times 2 The number of days within which, ar the dates by which, Milestones are to be achieved in 3 accordance with the General Requirements and the Work is to be completed and ready for 4 Final Acceptance is set forth in the Agreement or incoiporated therein by reference to the 5 attached Bid Form. 7 9. Liquidated Damages 8 Provisions for liquidated damages are set forth in the Agreement. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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 Paragraphs 6.OSA., 6.OSB, and 6.OSC. of the General Conditions and is supplemented in Section Ol 25 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 12-2011 (as amended), the City has goals for the participation of minority business and/or small business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The Bidder shall submit the MBE and SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor Waiver Form and/or Good Faith Effort Form with documentation and/or Joint Venture Foim as appropriate. The Forms including documentation must be received by the City no later than 5:00 P.M. CST, five (5) City business days after the bid opening date. The Bidder shall obtain a receipt from the City as evidence the documentation was received. Failure to comply shall render the bid as non- responsive. 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 37 12. Bid Form 38 39 40 41 42 43 44 45 46 47 48 49 50 51 12.1. The Bid Foim is included with the Bidding Documents; additional copies may be obtained from the City. 12.2. All blanks on the Bid Foim 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. Bidder shall state the prices, written in ink in both words and numerals, for which the Bidder proposes to do the work contemplated or furnish materials required. All prices shall be written legibly. In case of discrepancy between price in written words and the price in written numerals, the price in written words shall govern. Wa[er Main Improvements on Western Center Badevard C1TY OF FORT WORTH from Lou Menk Diive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tan�unt Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 00 2l l3 - 7 INSTRUCTIONS TO BIDDERS Page 7 of 9 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 12.3. 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 address and state of incorporation shall be shown beiow the signature. 12.4. Bids by partnerships shail 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 address of the partnership shall be shown below the signature. 12.5. 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 state of formation of the firm and the official address of the firm shall be shown. 12.6. 12.7. 12.8. 12.9. Bids by individuais shall show the Bidder's name and official address. 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. All names shall be typed or printed in ink below the signature. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. 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. 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to City Manager of the City, 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 and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 14. Modification and Withdrawal of Bids 14.1. Bids addressed to the City Manager and filed with the Purchasing Office 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 City, be returned unopened. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Water Main Lnprovements on Wes[ern Center Boulevard from Lou Menk Drive to Old Denton Road (North T�trrant Express — Segment 3B) City Project No. 02051 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 2 time set for the closing of Bid receipt. 3 4 15. Opening of Bids 5 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 6 abstract of the amounts of the base Bids and major alternates (if any) will be made available 7 to Bidders after the opening of Bids. 8 9 16. Bids to Remain Subject to Acceptance 10 All Bids will remain subject to acceptance for the time period specified for Notice of Award 11 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 12 City's sole discredon, release any Bid and nullify the Bid security prior to that date. 13 l4 17. Evaluation of Bids and Award of Contract 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 17.1. 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 City believes that it would not be in the best interest of the Project to malce an aw�ud 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 crieeria established by City. City also reserves the right to waive informalities not involving price, contract time or changes in the Worlc with the Successful Bidder. Discrepancies between the multiplication of units of Worl< 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. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in ai7ears 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 worl< which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Worlc 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 City. 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 Worl< when such data is required to be submitted prior to the Notice of Award. 46 17.3. City may conduct such investigations as City deems necessary to assist in the 47 evaluation of any Bid and to establish the responsibility, qualifications, and financial 48 ability of Bidders, proposed Subcontractors, Suppliers and other persons and 49 organizations to perform and furnish the Work in accordance with the Contract 50 Documents to City's satisfaction within the prescribed time. 51 W�ter Main Lnprovements on Western Center Boulevard CITY OF FORT WORTH from Lou Menk Drive to Old Denton Ro1d STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tarrant Express — Segment 3B) Revised December 2Q 2012 City Project No. 02051 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the Ciry. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by the City. 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counteiparts of the Agreement. Within 14 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement to City with the required Bonds, Certificates of Insurance, and all other required documentation. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION Water Main Improvements on Western Center Boulevard C1TY OF FORT WORTH from Lou Menk Drive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North T�rrant Express — Segment 3B) Revised December 20, 2012 City Projec[ No. 02051 SECTION 00 3513 CONFLIGT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent (hereinafter also referred to as"yau°) to a City of Fort Worth (also referred to as "City") procurement are required to complete Conflict of Interest Questionnaire {the attached CIQ Form) and Local Gavernment Officer Conflicts Disclosure Staternent {the attached CIS Form) below pursuant io state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may also be downloaded from the website links provided below. htta://wvuw. ethics.state.tx. us/forms(G IQ.pdt tt :/lwww,ethics.state.t�c.uslforms/CIS.pdf r..,, ;_._, '.� ,`�f , CIQ Form is on file with City Secretary CIQ Form is being provided to the City Secretary CIS Form is on File with City Secretary CIS Form is being provided to the City Secretary �� _ ��y� �� BIDDER: ��k�� , �.Ci. �(7X 9�a Company Name Here�'�t��nr ��g��_��g0 By; Printed Name Here �(��j ��J�j� Address Here Signature: �j�,,f'� _� Address Here or Space City, State Zip Code Here Title: �� i��fitle Here �� 4 00 35 13 BIO FORM Page 1 of 1 END OF SECTI�N ; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 35 13_00 41 00_00 42 43_a0 43 13_OD 43 37_DO 45 12 6id Proposal Wor{cbook.xls 0o at o0 810 FORPA Page 1 of 3 SECTION 00 4'1 �0 BID FORM TO: 7he City Manager c/o: The Purchasing Department 1000 Throckmorton Street Cify of Fort Worth, Texas 76102 FOR: City Project No,: Units/5ections: i. Enter Into Agreement Water Main Improvements on Western Center Boulevard from Lou Menk Drive to Old Denton Road (North Tarrant Express - Segment 3B) 02051 Water Line Improvements The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form inciuded in the Bidding Documents ta periorm and furnfsh 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 Acknawfedgements and Gertification 2.1. In submitUng this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUGTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behaif of any undisclosed individual or entity and is not submitted in conformity with any coilusive agreement or rules of any group, association, o��ganization, or corporation. 2.4. Bidder has not directiy or indirectly induced or solicited any other eidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individua( or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Gontract. For the purposes of ihis Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. h, "fraudulent practice" means an intentionai misrepresentation of facts made (a} to influence the bidding process to the detrirnent of City (b) to establish Bid prices at artificial non-competitive Ieveis, or (c) to deprive Ciry of the benefits of free and open competition. c. "coliusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificiai, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contraci. ', CITY OF FORT WORTH � STAN�ARD GONSTftUCTiON SPECIFICATION DOCUMENTS Form Rev�sed 201 Z0327 00 35 13_�0 41 00_00 42 43�OD 43 13_ 00 43 37.._00 45 12 Bid Proposal W orkbook - Hard Copy.xis 00 41 00 BID FORM Page 2 pf 3 3. Prequalificaiion The Bidder acknowledges that the foilowing work types must be performed only by prequalified contractors and subcontractors; a. W ater Distribution, Urban and Renewal, 12-inch diameter and smaller b. Water Transmission, Urban and Renewal, 24-inches and smaller 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 105 days after the date when the Contract Time commences to run as provided in Paragraph 2.03 of the Generai Canditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to compiete ihe Work {and/or achievement of Milestonesj within the times specified in the Agreement. 5. Attached to ihis Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid 8ond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposai Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time oi bid} f, Prequalification Statement, Section 00 45 12 g, Conflict of lnterest Affidavit, Section 00 35 13 `If necessary, CIQ or CIS forms are to be provided directly to City Sea�etary h. Any additional documants that may be required by Seotion 12 of the Instructions to Bidders 6. Total Bid Amount 6.1, eidder wili complete the Worl< in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6,2, Ik is understood and agreed by the Bidder in signing this proposal that the totai bid amount entered below is subject to verification and/or modification by muitiplyfng the unit bid prices for each pay item by the respective esiimated quantities shown in this proposal and then totaling all of the extended amounts, Total Bid: �1�� CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 35 13_00 41 00_00 42 43_04 q3 13_00 43�37_OD 45 12 Bid Proposal Workbook - Hard Copy.xls 00 41 00 BID FORM PdgB 3 O( 3 7. Bid Submittal This Bid is submitted on ��t�� by the entity named below. ' ' Respectfully subrnitted, ' By1 ��%^�. C, - (Signature} � (�� j� �� (Printed Name) ?�--�:� r��n„�" Title: -- �� p Company: Address: 1��ld'$hi�n i'if '��ne ...�g� State of Incorporation: � � s Email: (� .�J � Phone: ��1 ? � � " � i�� i END OF' SECTION Receipt is acknowledged of �nitial the following Addenda; Addendum No. t: Addendum No. 2: Addendum Na 3: Addendum No. 4: Corporate Seai: CITY OF FORT WORTH STANDARD CONSTflUGTION SPEGIpiCATiON DOCUMENTS Form Revised 20120327 00 35 13_00 41 00_00 42 43_00 43 13,Q0 d3 37_00 4512 Bid Proposai Workhook - Hard Copy.xls U042S1 9fD PRUj'OSAl. page 1 of 1 SECTIQN 0042 43 PROPOSALFORM � Sidder's Application UIVIT PRICE BII} Project Ikcm Information BiJciers Prvpasal Bidlist Description Specification 5ection Uni[ of �� Qusntity Unit Price Bid Vulue Item No. No, Measure I 3311.0442 12" Water Pipc, CSS Haekfill 33 tl 10, 33 11 12 LF 2,1b4 j�f ,�Tj� 2 33! 1.2004 t 2" �Vater Curier Pipc 33 OS 2A LF 7U 'Z, C1L= D b t� 3 3311.0242 8" Water pipe, CSS Hackfili 33 i l 10, 33 11 12 LF 1.1 6[, � p Q 4 3305.1104 24" Casing By Othcr 1'lian Opcn Cut 33 OS 22 LF 70 � 5 3311.0001 Ductite Tron \Vater Fittings w/ Restruin[ 33 11 11 TON 2.45 y"�, G`4 C: 6 QZ4�.1118 a"-12" Pressure Plug 02 41 14 EA 1 ;.? L�[i Z 3201.0123 6' Wlde Asphelt Pvmt Repuir, Ailenal 32 Ql 17 LF 58 ,. j S 3201.4656 Conc PvmtRepair, HES, Ancrial/fndushial 3201 29 SY 1,36a '� `-j'�f 9 3213,0301 4" Conc SidCwalk 32 13 20 SF 50 10 3216A101 6" Conc Curb ar.d 6atter 3216 13 LF 40 .� rj �'j il 3292At00 B1ocl:SodPlacement 329213 SY da 12 3305A109 TrenchSafety 33051D LF 2,IA5 �y, '7j' � 13 3312.O1t7 CunnectionWExixtiog4"-12"Wu[erM�bn 331225 EA 6 .��'s `�'":1��G ]4 3312.Q106 Cannecuon ro Existing 16" Water Main 33 12 25 EA 1 GYt[`j " Qd� 15 3312.2201 � 2" Wotcr Scrvicc, Mctcr Reconncctian 33 12 10 EA 2 �l',+d ,� � �. l6 3312.2303 2°WaterSe�vice 33121U EA 2 •g';�',+ Q• �r 17 33123QQ3 A" Gatc Vah�c 33 12 20 EA 1 •� � r�Q j�C% L8 3312,3005 l2" Gate Valve 3312 20 EA 13 "y*��j '- G�` t9 3312.3109 24" Cut-in Valvc w/ VauR 33 12 2Q EA 2 C r V,(',� 20 3312.4109 12" x 12" Tapping Sieeve & Valve 33 12 25 EA I <. s ''? � G,� 21 3312.41tA 16" x 1?" Tapping SieeYe & Valve 33 12 25 F.A 1 j}�Fd -�'"'� �� 3476ADQi TrafFcControl 3471'13 MO 3S Q Q (� 'fotn113id ",� CITY OfPUftT WOR711 STANDARP Cb.�'S1RUCitON SPECtFIGTION DOCUAfPNIS r�amFe�i+eJiu�zui+u� � � Utl 35 17_(w 41 INI_UU d2 d'3_(R7 J3 13_00 d3 37_0045 13 Bid Ropwai Wwl:bcuk.4h 00 43 13 BID 80ND Page t ot 1 KNOW ALL BY THESE PRESENTS: That we, (Bidder Name) Atkins Bros ., Inc . hereinafter called the Principal, and (Surety Name) a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called ihe Sureiy, are held and firmly bound unto the City, hereinafter caliecl the Obligee, in the sum of and Nol100 Doliars �$ 699, 867 . 00 .00), the payment of which sum wili be well and truly made and the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severaily, firm by these presenis. WHEREAS, the Principal has submitted a proposal to pertorm work for the foliowing project of the Obligee, identified as: Water Main Improvements on Western Center Boulevard from Lou Menk Drive to Old Denton Road (North Tarrant Express - Segment 3B) SECTION 00 43 13 BID BOND NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shail enter into the Contract in writing with the Obligee in accordance with the terms of such proposal, then this bond shall be null and void. If the Principal fails to execute such Contract in accordance with the terms of such proposal or faiis to satisfy all requirements and conditions required for ' the execution of the Contract in accordance with the proposal or faiis to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal, this bond shail become the property of the Obligee, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate Obligee for the difference between ' Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this day of , 2013, By: (Signature and Title of Principal) <By. (Signature of Attorney-of-Fact) 'Attach Power of Attorney (Surety) for Attorney-in-Fact CITY OF FORT WORTH STANDARD CONSTflUCTION SPECIFICATION DOCUMENTS Form Revised 207 7 0627 END OF SECTION Impressed Surety Seai Only 00 35 13_00 41 00_00 42 43_00 43 13_00 43 37_00 45 72 Bid Proposal W orkbook - Hard Copy.xis 0o as a� VENDOR COMPLIANCE TO STATE LAW Page t uf i SEG710N 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Gode Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder; nonresident bidders (out-of-state contractors rvhose corporate offfces or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresidenYs principai place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so wifi automatically disqualify that bidder. Resident 6idders must check the box in Section B. A. Nonresident bidders in the State of , our principaf place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. � Nolr esident bidders in the State of , our principal place of business, a�e n t required to undei�bid resident bidders. B. The rincipal piace of busines of o company or our parent company or majority owner is in he State of Texas. BIDDE . '� m�•p. ` i 3'ii �� : . � , � ., # •,. , By: ��,. ,�_____ iYl��1�".��..� �.--� (Signature) Title: �� . t�" � � �� Date: � � � � � END �F SECTION CITY OF FORT WORTH STANOARD CONSTRUCTION SPECIFICATION �OCUMEN7S Form Revlsed 2011D627 00 35 13_00 41 00_00 42 43_00 43 13_00 43 37 00 A5 12 Bid Proposal W ark600k - Natd Copy.xls 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 SECTION 00 45 11 BIDDERS PREQUALIFICATIONS 004511-1 BIDDERS PREQUALIFICATIONS Page 1 of 3 1. Summary. All contractois 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 worlc type(s) listed with their Bid. Any contractor or subcontractor who is not prequalified for ehe 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 31 st 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 (Carporate 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 ldentification Number as issued by the Texas Comptroller of Public Accounts. To obtain a Texas Taxpayer ldentification 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 Statenaen.ts. 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 July l, 2011 Water Main Improvements on Western Center Boulev�rd fi•om Lou Menk Drive to Old Denton Road (North Tan�ant Express — Segu�ent 3B) City Project No. 02051 ooas li -z BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in t5 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1) express an unqualified opinion, or (2) express a qualified 18 opinion on the statements taken as a whole. t9 (7) The City reserves the right to requue a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net worlting capital (worlcing capital= current assets — current 26 liabilities) by a factor of 10. Only those statements reflecting a positive 27 net worlcing capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidtler Prec�a�ctlificcation Application�. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and mainten�nce projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report, the notation of 37 "None" or "N/A" should be inserted. 38 39 40 41 42 43 44 45 (2) A minimum of five (5) references of related worlc 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 worl< for which the Contactor is seelcing prequalific�tion. 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. 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable fin�ncial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. Water Main Improvements on Western Center Boulevard C1TY OF FORT WORTH fi�om Lou Menk Drive to Old Denton Road STANDARD CONSTRUCT[ON SPECIFICATION DOCUMENTS (North Tlrrant Express — Segment 3B) Revised July l, 20l l City Project No. 02051 1 2 3 4 5 00 45 l 1- 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 Water Main Improvenients on Wes[ern Center Boulev�rd CITY OF FORT WORTH from Lou Menk Drive to Old Denton Road STANDARD CONSTRUC7'ION SPECIFICATION DOCUMENTS (North T�rrant Express — Segment 3B) Revised July l, 2011 City Project No. 02051 p0'45 12 BID FORM Pac�e 1 of 1 SECTION 00 4512 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required ta complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Water Distribution, Urban and Renewal, i 2-inch diameter and smaller Water Transmission, Urban and Renewal, 24-inches and smallei The undersigned hereby certifies that the contractors and/or currently prequalified far the wark types listed. BIaDER: A4ki�� 3ras, �°.�. �OX 99Q W1ldiothi�R, T}( 760S5=U4#90 desci�ibed in the table above are BY: i�/�i��=t: �� '' ;��--" (Signaturej Title: �� --� �.�M1�n Date: � � t— � END OF SECTION i �� CITYOF FORT WORTH STANDARD CONSTftUCTION SPECIFICATION DOCUMENTS Form Revised 20120i 20 00 35 13_00 41 00�00 42 43_00 43 13_00 43 37_00 45 12 Bid Proposal Workbook - Hard Gopy.xls ContractorlSubcontractor Company Name � Prequalification Expiration Date �l ' � m �� SECTION 00 45 13 BIDDER PREQUALIFICATION APPLICATION Date of Balance Sheet Name under which you wish to qualify Post Office Box Street Address (required) Telephone City City Fax Mark only one: Individual Limited Partnership General Partnership Corporation Limited Liability Company State State Email Zip Code Zip Code Texas Taxpayer ldentification No. Federal Employers Identification No. DUNS No. (if applicable) ; MAIL THIS QUESTIONAIRE ALONG WITH FINANCIAL STATEMENTS TO: CITY OF FORT WORTH TEXAS 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102-6311 AND MARK THE ENVELOPE: "BIDDER PREQUALIFICATION APPLICATION" 004513-2 BIDDER PREQUALIFICATION APPLICATION P�ge 2 of 8 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s) which are applicable — Block 3 is to be left blanlc if Block 1 and/or Block 2 is checiced) � Has fewer than 100 employees and/or � Has less than $6,000,000.00 in annual gross receipts OR � Does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. MAJOR WORK CATEGORIES Water Department Augur Boring - 24-inch diameter casing and less Augur Boring - Greater than 24-inch diameter casing and greater Tunneling — 36-Inches — 60 —inches, and 350 LF or less Tunneling - 36-Inches — 60 —inches, and greater than 350 LF Tuuneling — 66" and greater, 350 LF and greater Tunneling — 66" and greater, 350 LF or Less Cathodic Protection Water Distribution, Development, 8-inch di�meter and smaller Water Distribution, Urban and Renewal, 8-inch diameter and smaller W1ter Distribution, Development, 12-inch diameter and smaller Water Distribution, Urban �nd Renewal, 12-inch diameter and smaller Water Transmission, Development, 24-inches and smaller Water Transmission, Urb�n/Renewal, 24-inches and smaller Water Transmission, Development, 42-inches and smaller Water Transmission, Urban/Renew�tl, 42-inches and smaller Water Transinission, Development, All Sizes Water Transmission, Urban/Renewal, All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Byp�ss Pumping, 18-inches — 36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV, 24-inches �nd smaller CCTV, 42-inches �nd smaller CCTV, 48-inches and smaller W�ter Main Improvements on Western Center Boulev�rd CITY OF FORT WORTH fi•om Lou Menk Drive to Old Denton Ro1d STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tarrant Express — Segmen[ 3B) Revised December 2Q 2012 City Project No. 02051 00 45 13 - 3 BIDDER PREQUALIFICATION APPLICATION Vage 3 of 8 MAJOR WORK CATEGORIES, CONTINUED Sewer CIPP, 12-inches and smaller Sewer CIPP, 24-inches and smaller Sewer CIl'P, 42-inches and smaller Sewer CIPP, All Sizes Sewer Collection System, Development, 8-inches and smaller Sewer Collection System, Urban/Renewal, 8-inches and smaller Sewer Collection System, Development, 12-inches and smaller Sewer Collection System, Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development, 24-inches and smaller Sewer Interceptors, Urban/Renewal, 24-inches and smaller Sewer Interceptors, Development, 42-inches and smaller Sewer Interceptors, Urban/Renewal, 42-inches and smaller Sewer Interceptors, Development, 48-inches and smaller Sewer Interceptors, Urban/Renewal, 48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement, All Sizes Sewer Cleaning , 24-inches and smaller Sewer Cleaning , 42-inches and smaller Sewer Cleaning , All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction (LESS THAN 10,000 square yards) Asphalt Paving Construction/Reconstruction (10,000 square yards and GREATER) Asphalt Paving Heavy Maintenance (UNDER $1,000,000) Asphalt Paving Heavy Maintenance ($1,000,000 and OVER) Concrete Paving Construction/Reconstruction (LESS THAN 10,000 square yards) Concrete Paving Construction/Reconstruction (10,000 square yards and GREATER) Roadway and Pedestrian Lighting W�ter M�in Hnprovements on Western Center Boulevard CITY OF FORT WORTH from Lou Menk Drive ro Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tan•an[ Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 oo�s �s-a BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present name? List previous business names: 3. How many years of experience in had: (a) As a General Conhactor: construction worlc has your organization (b) As a Sub-Contractor: 4. '�`Wh�t projects has your organization completed in Texas and elsewhere? CLASS LOCATION NAME AND DETAII.,ED CONTRACT OF DATE CITY-COUNTY- ADDRESS OF OFFICIAL TO AMOUNT WORK COMPLETED STATE WHOM YOU REFER =''If requalifying only show worlc performed since last statement. 5. H�ve you ever failed to complete any worlc �warded to you?_ If so, where and why? 6. Has any officer or owner of your organization ever been an officer of another organization that failed to complete a contract? ff so, state the name of the individual, other organization and reason. 7. Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so, state the name of the individual, name of owner and reason. W�ter Main Improvements on Western Center Boulev�rd CITY OF FORT WORTH from Lou Menk Drive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tarrant Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 ooas �3-s BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 8. In what other lines of business are you financially interested? 9. Have you ever performed any worlc for the City? If so, when and to whom do you refer? 10. State names and detailed addresses of all producers from whom you have purchased principal materials during the last three years. NAME OF FIRM OR COMPANY DETAILED ADDRESS 11. Give the names of any affiliates or relatives cun•ently debarred by the City. Indicate your relationship to this person or firm. 12. What is the construction experience of the principal individuals in your organization? PRESENT MAGNITUDE POSITION OR YEARS OF AND TYPE OF IN WHAT NAME OFFICE EXPERIENCE WORK CAPACITY 13. If any owner, officer, director, or stockholder of your firm is an employee of the City, or shares the same household with a City employee, please list the name of the City employee and the relationship. In addition, list any City elnployee who is the spouse, child, or parent of an owner, officer, stockholder, or director who does not live in the same household but who receives care and assistance from that person as a direct result of a documented medical condition. This includes foster children or those related by adoption or marriage. C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 W�ter Main Improvements on Western Center Boulevard from Lou Menk Drive ro Old Denton Road (North Tarr�n[ Express — Segment 3B) City Project No. 02051 ooas is-6 BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: If a partnership: Date of Incorporation State of Organization Charter/File No. Date of organization President Is partnership general, limited, or registered limited liability partnership? Vice Presidents File No. (if Limited Partnership) General Partners/Officers Secretary Limited Partners (if applicable) Treasurer LIMIT�D LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No. Individuals authorized to sign for Partnership Officers or Managers (with titles, if any) Except for limited partners, the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised. Should you wish to grant signature authority for additional individuals, please attach a certified copy of the corporate resolution, corporate minutes, partnership agreement, power of attorney or other legal documentation which grants this authority. W�ter Main Improvements on Western Center Boidevard CITY OF FORT WORTH fi•om Lou Menk Drive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tairant Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 00 45 13 - 7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 � TOTAL 14. Equipment BALANCESHEET ITEM QUANTITY ITEM DESCRIPTION VALUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Various- TOTAL Siinilar types of equipment may be lumped together. If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as "various". The City, by allowing you to show only 30 types of equipment, reserves the right to request a complete, detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of worlc for which the firm is seeking qualification. In the description include, the manufacturer, model, and general common description of each. C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Water Main Lnprovements on Western Center Boulevard from Lou Menk Drive to Old Denton Road (Nor[h Tarraut Express — Segment 3B) City Project No. 02051 004513-8 BIDbER PREQUAI,IFICATION APPLIGtJTION Page 8 of S BIDI�ER PREQUALIFICATION AFFIDAVIT �� STATE OP " [ L� C(�t7NTY OF L�; f� �1�'"�� l �"�� The. undersigned hereby declares tbat the �oregoing is a true statement of fl�e fii�ancial caliditiori of the entity hereili first:n�med, as o� tlle date lierein first:given; fhatthis staternentis for the express purpose of indticing fhe party Ea whom it is subnutie�l to award the �ubinitter a cor�a•act; and tlrat the �ccountant who prepated the balance sheet accompal�ying this report as well as ariy depasitary, vendox� or atiy other age�icy herein iiamed is liei'eby autl�oxxzed tc� suppiy eacl� pa�ty wifh any i�ifoi�inat'ioii, wllile tIus "statei�ient 15 II1.fO1C�, i�ece'ssaiy fio verify said stateinei�t. �IU�: beittg d�ily �sworn cleposes and says t1�at. �Vi�lr�; , ' , , he/she is tlle ��-�� V��-c�t � of ..�. %�.( rA k��L��,—, ihe entiC'Y described ui arid wluch executed tha foregoing statement fhat lie/she is familiar with the bool�s of the said ent'ity sliowing its financial condition; thlt the foregoing financial stateme7it falcen fzoin the.l�ooks of tl�e said entit� as di the date thereof �nd that the..answers, to the r�uestioris. of the foregoing $idcler Pi•equalification Applicatio7� are cozrect ancl true a's trf the date of this affidavit; A�tk1Y9� �3t��. �.C�. E3�X 9�� -:�ildi�a�liian, iX 76��5�09�0 Firm Nama: ' Signature: �--1 `�� . S.worti to befox�e iiie tliis ,—�_�—_ clay of ��eQ 6 ,, 02.013 �Sll YA 4 Notary Pulilic ��.��..w.�a�.�w�.��..�.�.1 ��.I.��: ....v��.��.��` � x � 1 \ r ' � \ i o� � -•��w • , . . . � � /� _ r • � � • � � i � � ` � � ��r ��'�Z ��'�1��i��e� "��v[�.^�� e� Nbtary Public must n.o�be an of�ceR•, clirector, or s.tackholder o�: r:elatiwe:theiQof. Water Maip �mpa'ovem�nts on 13T�.titern Cetiter Bvufevard GITY OB F,ORT WORTH fzom Lou Menk Diiye'to, Old I?enton Rqid STANDARU CONST[2UGTION SPECIFIGATION DOCUNILNTS (Nortli Tarrant Express — Segment 3B) RevisedDecember 20, 20[2 City Projcct No. 02051 00 45 2G - 1 CONTRACTOR COMPLIANCH WITH WORKER'S COMPL�NSATfON LAW Page 1 of 1 1 2 3 4 5 6 7 8 9 lo 11 IZ 13 1� IS lb 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 SECTION 00 45 26 CONTRACT�R COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Sect'ron 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 02051. Contractar further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage, CONTRACTOR: "�� C(�8< � s irll. ��,� � � f �° .1. /•.� Address By: _ �11.�i� <6�,��;(��s � (Please Print) Signature: `��i{� _,r-. � Title: _ f . ��i,{%��'�� City/State/Zip (Please Print} THE STATE OF TEXAS § COUNTY OF TARRANT § r�RE ME e undersigned authority, on this day personally appeared -- �� ,t�r'� > known to me ta be the person whose name is subscribed to tt�e for��$o�,i��ng in ru�nent, and ackno ledged to me that he/she executed the same as the act and cleed of �mG.i S ��.. 1� for the purpases and � consideration therain expressed and in e capacity therein stated. GIVE E MY HANl� AND SEAL OF OFFICE this �� day of , 20 l� ` t�Mu ��C.k�,?�� Notary Public in and for the State of Texas e��-,�.�e�u��.��:s��c.��.s�s 38 y ,, r. ��sx ? '�uu�� f� .�.�o3ib � { �: ��° .�#��4.,�`', � 'rin 39 � ' ..,;, : , : ,, -�Q�� , F SECTION � .. . ,`��;'�EC:� a,�� ,�yo 40 , r;�v:r� Water Main Improvements on Western Center Boulevard CTCY OF FORT WORTH from L.ou Menk Diive to Old Denton Road STANDARD CC�NSTRUCTION SP�CIFIGATIQN DOCUIviENT5 (North Tan�ant rxpress — Segrnent 3B) Revised 7uly I, 2011 City Project No. 02051 00 �s ao - i MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page I of 1 1 SECTION 00 45 40 2 MINORITY BUSINESS ENTERPRISE GOAL 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is greater than $50,000, then the MBE subcontracting goal 6 may be applicable. If the total dollar value of the contract is $50,000 or less, the MBE 7 subcontracting goal is not applicable. 8 9 POLICY STATEMENT ] 0 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 11 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 12 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 13 14 MBE PROJECT GOAL 15 The City's MBE goal on this project is 15% of the total bid (Base bid applies to Pnrks a�1d 16 Con2niarn.it�� Se�vices). Note: If both MBE and SBE subcontracting goals are established for this 17 project, then an Offerar must submit both a MBE Utilization Form and a SBE Utilization Form to be 18 deemed responsive. 19 20 21 22 23 24 25 26 27 28 29 30 COMPLIANCE TO BID SPECIFICATIONS On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are required to comply with the intent of the City's Business Diversity Ordinance by one of the following: 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation, or 3. Good Faith Effort documentation, or; 4. Waiver documentation. Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non- responsive. Any questions, please contact the M/WBE Office at (817) 392-6104. 31 SUBMITTAL OF REQUIRED DOCUMENTATION 32 The applicable documents must be received by the Managing Department, within the following 33 times allocated, in order for the entire bid to be considered responsive to the specifications. The 34 Offeror shall deliver the MBE documentation in person to the appropriate employee of the Managing 35 Department and obtain a date/time receipt. Such receipt shall be evidence that the City received tl�e 36 documentation in the time allocated. A faxed copy will not be accepted. 1. Subcontractor Utilization Form, if goal is met received by 5:00 p.m., five (5) City business days after or exceeded: the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subconh�actor received by 5:00 p.m., five (5) City business days after Utilization Form, if participation is less than the bid opening date, exclusive of the bid opening date. stated �oal: 37 38 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form, if no MBE participation: the bid opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if firm will received by 5:00 p.m., five (5) City business days after perform all subcontracting/supplier work: the bid opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilizing a joint venture received by 5:00 p.m., five (5) City business days after to meet or exceed goal. the bid opening date, exclusive of the bid opening date. END OF SECTION C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Water Main Lnprovements on Western Center Boulevard from Lou Menk Diive ro Old Denton Road (North Tarrant Express — Segment 3B) City Project No. 02051 00 52 43 - 1 Agreement Page 1 of 4 1 2 SECTION 00 52 43 AGREEMENT 3 THIS AGREEMENT, authorized on 7 Ma, 2�3 is made by and between the City of Fort 4 Wot�th, a Texas home rule municipality, acting by and through its duly authorized City Manager, 5 ("City"), and ATKINS BROS. EOUIPMENT , COMPANY, INC, authorized to do business in 6 Texas, acting by and through its duly authorized representative, ("Contractor"). 7 City and Conh�actor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 10 11 12 13 14 15 16 17 18 19 20 9 Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PRO.T�CT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Water Main Improvements on Western Center Boulevard From Lou Menk Drive to Old Denton (North Tarrant Express —Segment 3B) City Project No. 02051 Article 3. CONTRACT TIME 3.1 Time is of the essence. All time limits for Milestones, if any, and Final Acceptance as stated in the Contract Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 1OS days after the date when the 23 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 24 3.3 Liquidated damages 25 26 27 28 29 30 31 32 33 Contractor recognizes that time is of the essence of this Agreement and that City will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding the ach�al loss suffered by the City if the Work is not completed on time. Accordingly, iustead of requiring any such proof , Contractor agrees that as liquidated damages for delay (but not as a penalty), Contr•actor shall pay City Five Hunrlred Dollars ($500. 00) for each day that expil�es after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIPICATION DOCUMENTS Revised June 4, 2012 Water Main Improvement o�� Westem Center Blvd from Lou Menk Drive to Oid Denton Road City Project No. 02051 00 52 43 - 2 Agreement Page 2 of 4 34 Ai•ticle 4. CONTRACT PRIC� 35 City agrees to pay Contractor for performance of the Worlc in accordance with the Contract 36 Documents an amount in current funds of SIX HUNDIZ�D NIN�TY NINE THOUSAND 37 �IGHT HUNDRED SIXTY SEV�N DOLLARS ($699, 867.00). 38 Articte 5. CONTRACT DOCUM�NTS 39 5.1 CONTENTS: 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 S6 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 A.The Contract Documents which comprise the entire agreement betweeil City aud Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non-Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specifrc) b. Current Prevailing Wage Rate Table c. Insurance ACORD Form(s) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MWBE Commitment Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Dociimentation submitted by Contractor prior to Notice of Award. 9. The following which ulay be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCI'ION SPECIPICATION DOCUMENTS Revised June 4, 2012 Water Main Improvement on Western Center Blvd from Lou Menl< Drive to Old Denton Road City Project No. 02051 00 52 43 - 3 Agreement Page 3 of 4 73 A�•ticle 6. INDEMNIFICATION 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 6.1 Conti•actor covenants and agrees to indeinuify, hold harmless and defend, at its own expense, the city, its officers, servants aud employees, from and against any and all claims arising out of, or alleged to arise out of, the worlc and services to be performed by the coutracto�•, its officers, agents, employees, subcontractors, licenses o�• invitees under this contract. This indemni�cation provision is snecifically intended to onerate and be effective even if it is alle�ed or piroven that all or some of the dama�es bein� sought were caused, in whole or in part, by anv act, omission or ne�li�ence of the city. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses anci legal fees incurred by the ciTy in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, sei-vants 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 worlc 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 onerate and be effective even if it is alle�ed or proven that all or some of the dama�es being sou�ht were caused, in whole or in part, by any act, omission or ne�li�ence of the city. Article 7. MISCELLANEOUS 95 7.1 Terms. 96 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 97 have tlie meanings indicated in the General Conditions. 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 City. 101 7.3 Successors and Assigns. 102 City and Conh�actor each binds itself, its partners, 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. 105 7.4 Severability. 106 Any provision oi• part of the Contract Documents held to be unconstitutional, void or 107 unenforceable by a court of competent ju�•isdiction shall be deemed stricken, and all 108 remaining provisions shall contiuue to be valid and binding upoii CITY aud 109 CONTRACTOR. 110 7.5 Governing Law and Venue. i l l This Agreement, including all of the Cont�•act Documents is performable in the State of 112 Texas. Venue shall be Tarrant County, Texas, or the United States Disti•ict Court for the 113 Noi�theril District of Texas, Fort Worth Division. CITY OF FORT WORTH STANDARD CONSTRUC7'ION SP�CIFICATION DOCUMENTS Revised Jime 4, 2012 Water Main Improvement on Western Center 131vd from Lou Menl< Drive to Old Denton Road City Project No. 02051 00 52 43 - 4 Agreement Page 4 of 4 114 7.6 Other Provisions. 115 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 116 classified, promulgated and set out by the City, a copy of which is attached hereto and 117 made a part hereof the same as if it were copied verbatim herein. ll 8 7.7 Authority to Sign. 119 120 121 122 123 124 125 126 Contractor shall attach evidence of authority to sign Agi•eement, if other than duly authorized signatojy of tlie Conti•actor. IN WITNESS WHEIZEOF, City and Conti•actor have executed this Agreement iii multiple countei•parts. This Agreement is effective as of the last date signed by the Parties Contractor: City of For-t Woi-th Atkins Bros. Equipment , Company, Inc �� By: �/�j Ferna»do Costa BY� ��/�?� � Assistant City Manager (Signature) � � Date � - Mike Atkins {Y1 i ke A� k; u� Attesti (Prmted Name) Title: President 127 128 129 130 131 132 133 134 135 136 Address: 3516 Old Ft. Worth Rd. (Seal) � F J!Ka�er, Secretat•y M&C C Z ( �i � ,y Date: S � J � City/State/Zip: Midlothian, TX 76065 Approved as to Form and Legality: �/�s�/�3 Date CITY OF FORT WORTH i�1�;r`�,Lu(,« ,;�1��. ;c��G�� DOligl'aS W.'Bla%1C i)'1 �C /, r ��! /l %. �tY�' "f � Assistant City Attorney APPR L RECOMMENDED: l F'��anlc C��imab DIRECTOR, i�Vater� Depa�°tme��t STANDARD CONSTRUCTION SPECI['ICATION DOCUMENTS Revised June 4, 2012 Water Main Improvement on Western Center Blvd from Lou Ntenk Drive to Old Denton Road City Project No. 02051 a�� T A 00 61 13 - 1 PERFORMANCE BOND Page i of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, the Principal l�as entered into a certain written conh•act with the City 17 awarded the 7 dav of Mav, 2013, which Contract is hereby referred to and made a part hereof for 18 all purposes as if fully set forth hereiil, to furnish all materials, equipment labor and other 19 accessories defiued by law, in the prosecution of flie Worl<, including any Change Orders, as 20 provided for in said Contract designated as Water Main Improvements on Western Center 21 Boulevard From Lou Menlc Drive to Old Denton (North Tarrant Express —Segment 3B) 22 City Project No. 02051 23 NOW, THEItEFORE, the coildition of this obligation is sucl� that if the said Pri»cipal 24 shall faithfully perform it obligations under the Contract aud shall in all respects duly and 25 faithiully perform the Work, including Change Orders, under tlie Contract, according to the plaus, 26 specifications, and contract documents therein referi•ed to, and as well during any period of 27 eYtension of the Contract that may be granted on the part of the City, then this obligation shall be 28 and become null and void, otherwise to remain in full force and effect. 29 30 31 Worth Division. 32 This bond is made anci executed in compliance with tl�e provisions of Chapter 2253 of the 33 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 34 accordance with the pi•ovisions of said statue. S�CTION 00 61 13 PERFORMANCE BOND Bond No. 022042762 TH� STATE OF TEXAS § § KIVOW ALL BY THESE PRESENTS: COUNTY OF TAI2RANT § That we Atkins Bros. Equipment , Compan_ ,y Inc, Ialown as "Principal" herein and Libe Mutual Insurance CompanX, a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, lalown as "Surety" herein (whether one or more), are held and �rmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, l<nown as "City" herein, in the penal sum of, SIX IIIINDRED NINETY NINE THOUSAND EIGHT HLTNDRED SIXTY SEVEN Dollars ($699 867 00�, lawfiil movey of the United States, to be paid in Fort Worth, Tarrant County, Texas for tfie payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigils, jointly and severally, firmly by these presents. � PROVIDED FURTHER, that if any legal action be filed on tl�is Bond, venue shall lie in Tarrant County, Texas or the United States District Cotu-t for the Northern District of Texas, Fort ' C1TY OF FORT WOR'I'H Water Ntain Improvements ou Westem Center Blvd, S'I'ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS from Lou Menk Drive to Old Denta� Road Revised Ju(y l, 201 i City Project No. 02051 00 61 13 - 2 PERFORMANCE I30ND Page 2 of 2 IN WITNESS WHEREOI+, the Pi•incipal and the Surety llave SIGNED and SEALED � 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 ?� 28 ?_9 3U 31 32 33 34 35 36 37 38 39 40 this insti•ument by duly authorized agents and officers on this the 7 day of May, 2013. ATTEST: bR �� (Principal) Secretary J� � � � � V� � i�ss as to rincipa � VJitness as to Surety � PRINCIPAL: Atkins Bros. Equipment Compan� BY: � / � / Signatur Mil<e Atkins/President Name and Title Address: 3516 Old Ft. Worth Rd. Midlothian, TX 76065 SURETY: Libertv Mutual Insurance Company BY: -- -- � / � — � vLJ Siguature Wilbert Raymond Watson, Attorney —in- Fact Name and Title Address: 1600 N. Collins B1vd.,Suite 4000 Richardson, TX 75080 Telephone Number: (972)-233-9588 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract fi�om the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is diffei•ent fi•om its inailing address, botl� must be provided. Tl�e date of the bond shall not be prior to the date tl�e Coi�ti•act is awarded. CJTY OP FnRT WORTH STANDARD CONSTRUCTION SPLCI['ICAT[ON DOCUIvIENTS Revised Ju!}� (, 201 ! Water Main Improvements on Westem Center Rlvd, fi'om Lou Menk llrive to Uld Dentai Koad City Prnject Nn. 0?O51 00 61 14 - 1 PAYMGNT BOND Page i of 2 1 2 3 4 5 6 TH� STATE OF TEXAS COUNTY OF TARItANT S�CTION 00 61 14 PAYMENT BOND Bond No. 0222042762 § § KNOW ALL BY THES� P12ESENTS: § 7 That we, Aticins Bros. Equipment , Company, Inc, lcnown as "Principal" herein, and 8 Libertv Mutual Insurance CompanX , a corporate surety (sureties), duly 9 authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), 10 are held and firmly bound unto the City of Foi-t Worth, a municipal corporation created pursuant 11 to the laws of the State of Texas, 1<nown as "City" herein, in tl�e penal sum of SIX I1tJNDRED 12 NINETY NINE THOUSAND EIGHT HLTNDRED SIXTY SEVEN Dollars ($699 867.00�, 13 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for t17e 14 payment of which sum well and truly be made, we bind ourselves, our heirs, executors, 15 adminish•ators, successors and assigns, jointly and severally, in•mly by these presents: 16 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 17 7 day of Ma ,� 3, which Contract is hereby referred to and made a part hereof for all purposes 18 as if fully set forth herein, to furnish all materials, equipment, laboi• and other accessories as 19 defined by law, in the prosecution of the Work as provided for in said Contract and designated as 20 Water Main Improvements on Western Center Boulevard From Lou Menk Drive to Old 21 Denton (North Tarrant Express —Segment 3B) City Project No. 02051 22 NOW, TH�R�FOR�, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiaiy (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Worlc under 25 the Contract, then this obligation shall be and become null and void; othei•wise to remain iu full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 CI'I'Y dF FORT WORTI-I W�ter Main Improvements oi� Westem Ce�iter Blvd, STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS from Lou Menk Drive to Old Dentai Road Revised July I, 2011 City Project No. 02051 1 2 � 3 00 61 14 - 2 PAYMENT BOND Pagc 2 of 2 IN WITNESS WHER�OF, the Principal and Surety have each SIGNED and SEALED this instirument by duly authorized agents ancl officers on lhis 7 day of May, 2013. ATTEST: hX�4CY�IL'�-Ci�l.� , (Prii�cipal) Secretary � i � Witr��ss'as to A'TTF,ST: , � l�`i,� � � . E�-�L \ (Sui•ety j Secreta'ry �' 4 5 6 7 8 9 Ir] m Witness as to Surety PRINCIPAL: _Atkins Bros. Ec�uipment , Company Inc. BY: .i�i c--- ,� . Signature Milce Atl<ins/President Name and itle Address: 3516 Old Ft. Worth Rd. Midlothian, TX 76065 SURETY: Libertv Raymond Watson, Attorney-in-Fact BY: ;, -_�.. r _ -., � � , Signature � Wilbert Raymond Watson, Attornev-in-Fact Name and Title Address: 1600 N Collins Blvd., Suite 4000 Richardson, TX 75080 Telephone Number: (97�)233-9588 Note: If signed by an officer of the Surery, there must be on file a certified extract fi•om the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is diffei•ent fi•om its mailing address, both must be pr•ovided. The date of the bond shall not be prior to the date the Contract is awarded. END OF S�CTION CITl' OP POP.T P✓OP:1'H S"I'ANDARD CONSTRUCTION SPECIE'ICA'I'ION DOCUNIENTS Revised July 1, 2011 Water AAain lmprovements on Westem Center Bh�d, from Lou Menk Drive to Old Dentai Ro�d City Project No. 02051 m 00 61 19 - 1 MAINTENANCE BOND Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 SECTION 00 61 19 MAINTENANCE BOND Bond No. 022042762 THE STATE OF T�XAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we Aticins Bros. Equipment , Company, Inc., l<nown as "Principal" herein and Liberty Mutual Insurance Company, a corporate sw•ety (sureties, if more than one) duly authorized to do business in the State of Texas, laiown as "Surety" herein (whethel- one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the sum of SIX IIi_TNDRED NINETY NINE THOUSAND EIGHT I�LJNDRED SIXTY SEVEN Dollais ($699,867.00), 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 unto the City and its successors, we bind ourselves, our heirs, executors, administrators, successois and assigns, jointly and severally, firmly by tliese presents. 18 WHEREAS, the Principal has entered into a cei�tain written contract with the City awarded the 7 19 day of May , 2013, which Contract is hereby referi•ed to and a made part hereof for all purposes 20 as if fully set forth herein, to furnish all materials, equipment labor and other accessories as 21 defined by law, in the prosecution of the Work, including any Work resulting fi•om a duly 22 authorized Cl�ange Orde►• (collectively herein, tl�e "Worlc") as provided for in said contract and 23 designated as Water Main Improvements on Western Center Boulevard Fi•om Lou Menlc 24 Drive to Old Denton (North Tarrant Express —Segment 3B) City Project No. 02051; and 25 26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract Documents tl�at the Worlc is and will 28 remain fi•ee fi�om defects in materials or worl<manship for and during the period of two (2) years 29 after the date of Final Acceptance of the Worlc by the City ("Maintenance Period"); and 30 31 WHEREAS, Principal binds itself �to ��epair or reconstruct the Work in whole or ii1 part 32 upon receiving notice fi•om the City of the need therefor at aiiy time within the Maintenance 33 Period. 34 CITY OF FORT WORTH Water Main Lnprove�uents Center Blvd, STANDAI2D CONSTRUCTION SPECIriCAT[ON DOCUMENI'S fiom Lou Menlc Drive to Old Dentai Road Revised July 1, 20 t 1 City Project No. 02051 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 0061 19-2 MAINTENANCE BOND Page 2 of 3 NOW THER�FORE, the condition of this obligation is such that if Principal shall remedy any defective Worlc, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligation sl�all become null and void; otherwise to remain in filll for•ce and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Worlc, it is agreed that the City may cause any a��d all such defective Work to be repaired and/or recoilstructed with all associated costs thereof being borne by the Principal and the Surety ��nder this Maintenance bond; and PROVIDED FURTHER, that if any Iegal action be iiled on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation sl�all be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WOR'I'H STANDARD CONSTRUCTION SP�CIFICATION DOCUMENTS Revised July l, 2011 Water Main Improvements Center Blvd, from Lou Menk Drive to Old Dentai Road City Project No. 02051 00 61 19 - 3 MAINTENANCE BOND Page 3 of 3 a 39 � �� IN WITNESS WHEREOF, tl�e Principal and the Sui•ety have each SIGNED aud SEALED this instrument by duly authorized agents and officers on this the 7 day of Mav, 2013. 0 2 ATTEST: �� a �� (Principal) Secretaiy �1 �I ` �,� _ -- �;��-� J �� i , ��.�� i ness as to Prin ipal � ATTEST: - �-- ��.r,�� \� �� -� � _ �i (Surety) Secretary PRINCIPAL: Aticins Bros. Equipment, Company Inc. BY: _�� ./ Signature Mil<e Atkins / President Name and Title Address: 3516 Old Ft. Worth Rd. Midlothian, TX 76065 SURETY: Libertv Mutual Insurance Company BY: � � . f_. _,+ ;� �.= . Signatur Wilbert Raymond Watson, Attornev—in-Fact Name and Title Address: 1600 N. Collins B1vd.,Suite 4000 Richardson, TX 75080 Witness as to Surety Telephone Numbei•: (972-233-9588) *Note: If signed by an officer of the Surety Company, ther•e inust be on file a certified exh•act fi�om the by-laws showing that this pei•son has authority to sign such obligation. If Surety's physical addi•ess is different fi•om its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awac•ded. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 i� 18 19 20 2] 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 crrY or r�tt�r� w�x�►��x STANDARD CONSTRUCTION SPECIPICATION DOCUMENTS Revised July l, 201 l Water Main Improvements Center Blvd, trom Lou Menk Dnve to Old Dentai Road City l'roject No. 02051 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 5923544 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY +.� ! '� �O a � � aN ,Y � _ ;� _ tu i=� � � !�� , c� d i O � ! d > + � ' � � ;j � � ��N ' O L i O � �� c v L � (� � M�� , � d � �i � •� :�� f "'" ` !' •� V I�ac 1' L % ++ L I IZ �I i I<NOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of ihe State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Slate of Massachusetls, and West American Insurance Company is a corporation duly organizetl under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forih, does hereby name, constitute and appoint, Aaron Jay Endris; Andrea Rose Crawford; Carolyn J. Goodenough; Debra Lee Moon; John William Newby; Michael Aaron Wiggins; Patricia Lee Bartlett; Sammy Joe Mullis, Jr.; Sandra Lee Roney; Troy Russell Key; Wi bert Raymond Watson all of the city of Addison , slate of TX each intlividually if fhere be more than one named, its true antl lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and tleed, any and all underfakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as bintling upon the Companies as if lhey have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Aitorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 2oth tlay of December , 2012 j' ,,,� }� � "'( ;, STATE OF WASHINGTON COUNTY OF KING 1 �) .� Y. � k � a 1 f� ��^ � _ l �./1 ss American Fire antl Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company WestAmerican Insurance Company By: Gregory 1�V. Davenport, Assistant Secretary On this 2oth tlay of December , 2012 , before me personally appearetl Gregory W. Davenport, who acknowledged himseif to be the Assistant Secretary of American Fire antl Casualty Company, Liberiy Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein containetl by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and a�xed my notarial seal at Seattle, Washington, on the day and year frst above writlen. � ` ', By: K-�L.Jiit �,Q,t�--� KD Riley , Not Public This Power ofAttorney is matle and executed pursuant to and by authority of the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OfFICERS — Section 12. Power ofAttorney. Any o�cer or other official of the Corporation authorizetl for that purpose in writing by the Chairman or lhe President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all underfakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments antl to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signetl by the President antl attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the Presitlent or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bontls and Undertakings. Any officer of the Company authorized for that purpose in wrifing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind ihe Company by their signaiure and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instrumenls shall be as binding as if signetl by the president and atfested by the secreiary. Certificate of Designation — The President of the Company, acfing pursuant to the Bylaws of ihe Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attorneys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all underlakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents ihat facsimile or mechanically reproduced signature of any assislant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection wilh surety bonds, shall be valid antl binding upon the Company with the same force and effect as lhough manually a�xed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby ceriify lhat the original power of attorney otwhich the foregoing is a full, irue and correct copy of the Power ofAttorney executed by saitl Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hantl and affixed the seals of said Companies this , - _ _ ., ,, :�. LMS_12873_092012 _ day of _ , 20 - .�� d�/�, fiy: u-l�vur /� '..� David M. Carey,"Assistant Secretary 139 of 300 I.i bc��-t-�- !ti'1«tu�i 1 Important Notice TO OBTAIN INFORMATION OR TO MAKE A COMP�AINT: You may write to Liberty Mutual Surety at: �iberty Mutuai Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(a�tdi.state.tx.us Premium or Claim Disputes Should you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Attach This Notice To Your Policy: This notice is for information only and does not become a part or condition of the attached document. LMIC3500 Page 7 of 2 Rev. 7.1.07 I, -, I.1 bt`rt��' ?�1utu�-i1 NOTIFICACION IMPORTANTE PARA OBTENER INFORMACION O REALIZAR UNA QUEJA: Usted puede escribir la notificacion y dirigirla a Liberty Mutual Surety en la siguiente direccion: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 Usted puede contactar al Departamento de Seguros de Texas para obtener informacion acerca de las companias, coberturas, derechos o quejas: 1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas a la siguiente direccion: P, O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state tx us E-mail: ConsumerProtection(a�tdi state tx us Disputas acerca de primas o reclamos En caso de que usted quiera elevar una disputa concerniente al tema de primas, por favor contacte en primer lugar a su agente. Si el tema de la disputa es relativo a un reclamo, por favor contacte a la compania de seguros en primer termino. Si usted considera que la disputa no es apropiadamente resuelta en estas instancias, entonces usted puede contactar al Departamento de Seguros de Texas.. Adjunte esta notificacion a su poliza: Esta notificacion es a los solos fines de su informacion y la misma no forma parte o condiciona de manera alguna el documento adjunto. LMIC-3500 Page 2 of 2 Rev. 7.1.07 '' ,� Pt}LICY NUMBEi�: 85316257 Ct�(VIIVIEi�CIAL G�NERAL. LIA�ILITY CG 2Q 33 Q7 Oq TWIS ENaORSEMENT GHAN��S iH� POL.ICY. PLCASE R�A� IT CAR��ULLY. ADDITIONAL IN:SURED — OWIVERS, LESSE�S C?R C�NTi�AGT4RS — AtUTOMATi� STATUS 1tVl-�EN R�t�UIR�Q IN GONSTRUGTICiN ,4GREEMENT WITH YOIJ This eridorsement moclifies insurance pravidecf under the following: GOMMERCIAL GENERAL LIRBILITY COVERAG;E PART A. Section 11 — Wha Is An fnsured i� ai��endec! to ir7dude a5 an additional ins�irecl ariy �erson or nl'�flf117fl�jni'1 fnr wh�m y�ii arP pRrfnrmin� operatians when you and suc(7 �aersbn ar or�a��ization have agreed in writing in a contract or agreement tl7at such p�rson or orc�aniz�tion t�e added as an addifional insured on ya�ir policy. Sucl� person ar organizatian is an xclditianal insueec! only with respect ta li�bility for "t�odily ir�jury", "property dainage" or "persohal ancJ �clvertisin� injury" caiise�l, in wl}ole or ir7 �art, k�y: 1. Yo«r acts ar ornissions; or 2. Tl�e �tcts or omissions ofi tliose actit�c� on your bel�alf; in the performance af yaur anc�oinc� a�er�tions for tl7e adclitional insured. A person's or orc�aniz�tian"s st�.tus 1s an adeiitionll insured under tilis er7dorsement ends when your o�erations for that additional insured �re completed. B. Wit{t respect ta tlie insurance affarded to t{�ese �delitional insurecls, the follawing addition�l exclusioris apply: Tliis insuratice does nat apply to: 1, "F�ad[y injury" „properCy d�mage" or "personal and advertisit�g injury" �risinc� out af the rendering of, ar the failure to render, any prafe�sion�l architecturai, enginoering or surveyinc� services, includii�: �, The pr�parine�, approving, or failinc� to pr�pare or approve, maps, s{iap drawings, opinion�; reparts; surveys, field orders, change orders or drawis�gs �nd specifieations; ot• b. Siip�rvisory, insnection, �rchitectural or engirte�ritic� aetivities. 2. "�oc�ily injury" or "�aroperty damage" occi.irrin� �fter: a. All wark, incluciirx,� materials, parts or ec{uip�t�ent furnishec! it� connec�tion witl7 such work, on tllo prajeat (othEr than sarvico, maintenance or rep�irs) ta be performed by ar on bef�alf of the additional ins�ired(s) at the (ocation of the covered operations has been completeci; or b. Tlialt partion of "your work" o�at ofi which the injury or clam�zge arisea has l�een put to its infendecl use k�q �ny persan or o►�gar�izztion atfter th�tn �►nother contractor or suk�coi�tractor engageci in performin� aper�tions for a principal �s a part af the same �raject. CG 2Q 33 Q7 04 cc7 ISO Properties, Inc., 2004 Page 1 of 1 AGENCY CUSTOMER ID: ATKIN-1 LOC #: ..'" "� �� A+�'URI.7 AGENCY Independent Insurance Group POLICY NUMBER CARRIER ADDITIONAL REMARKS SCHEDULE ` ADDITIONAL NAIC CODE NAMEDINSURED �tkins Bros. Equipment Co., Inc. 'O Box 990 Vlidlothian TX 76065 EFFECTNE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABI�ITY INSURANCE Page � of � ttached. Umbrella policy follows form. All policies include a blanket notice of cancellation to certificate holder's endorsement providing for 0 days' advance notice if the policy is canceled by the company other than for nonpayment of premium, 10 days' notice after the policy is anceled for nonpayment of premium. Notice is sent to the certificate holders with mailing addresses on file with the agent or the company. he endorsement does not provide for notice of cancellation if the named insured requests cancellation. ;e: City Project Number: 02051 - Water Main Improvements on Western Center Boulevard from Lou Menk Drive to Old Denton Road (North arrant Express-Segment 3B) ACORD 101 (2008/01) OO 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PVLILYNUMBEF: ��,i1E,��'� CUMIVI�R�IAL GGNERAL LlA�ILiTY CG 2� 37 Q7 tl4 TH1� ENQOI�;EMENT CHA�JGE� THIE Pfi.1LICY. PL�A�E I�EA� IT �AR�FUI.LY. �4C�[�11'I�NJ4� IfU�UREC? - (�iPUNEF��, LE��EE� +�R ��[�i��T'�� - �t��iP'L�i'EC� C��4TIC�(�� This endorsen7ent modifies insi.ira�ice provided under the following: COMMERCIAL GENEF:AL LIABiUTY COVCRA�E f�ART SCHEDULE Naine Of Additianal insured Person{s) Or C)r aw�ization s}: Lacatia�� A��d Descri iiati Of Co�i� leted O�►�ations ANY �-'ERSt�N QR ORGANT2ATION TQ WHOM I.,OCAT�C)NS DESTC�NATED AND YOU HAVE AGREED T0 NAME AS ADDL L�ESCRIBED IN TI-IE �TENTION�D INSURED BY WRITTEN CON'I'RACT OR C�14TRACT (7Fc AGREEMENT AGR�EMENT IF THE CONT��CT OR AGREEhiENT IS EXECUTED PRTQP TQ LQSi In��rrnatiun re� �iir�ci t� curT� �lete tt�is S�ctieclule, i� no�l shuwn at�uVe, will k�e stivv�ir� i�i tt�e Dectaral.iuns. �ection II — Who Is At� Insur�d is amended to incl��cle as ar� aciditional insured the person(s) oi� arganizatian(s) sho�nln in the Schedtile, but only with respecfi to liability fc�r "bociily injury" or "property dam�c�e`' causeci, in wfiole or in pai�k, I�y "your Yvorh" at the loc�tion designated ancl desceibed in th� schedule of this eridors�ment �eifoerl�ed far that additional insured aitci ir�cluded in tlie "praducfs-campleted operations hazard". CG 2Q 37 07 04 O ISO Prope�ties, Inc., �004 PREMI UM 1 � 5CJ0 Page 1 vf 1 ROLICY hIUMBER; 85316257 CG 71 52 03 11 ULTRA LIAE�ILITY I�LU� ENDORSEMENT CONiMERCIAL GENERAL LIABILII'Y EXiENSION ENDORSEMENT SUMMARY OF COVERAt�ES 7hi� is a summary of fihe various aciditional coverages and couerac�e modific�tio��s provided by this endarsement. IVo coverage is prtivid�d by fihis summary. ' Cov�rage for non-awned w�tercraft is extendecl to 51 feet in length * Voluntary Pt�operty Damaye Goverac�e $5,000 Occurrence with a $10,000 Ac�c�rec�ate � Care, Custody and Cantrol f'roperry Dam�� Coverac�e �25;000 Occ��rrence witl7 a�100,000 Aggr�gate -$500 Deductible * Rr�ciucl �er_.aU Ex�ens�s $25,OQ0 Eacli R�c�zll Limit with a�50,OOQ Agc�rec�ate -�1,Q00 Deductibl� * Water Damac�e LecJal Li�hilit;y - �25,0�0 � Inr_.rease in Supnlament�ry Payments: Etail L�nds tr� $1,OC)Q 1nd Loss of Earnin�s #o $511C1 * Far newly farmecl or acq�iirec! orc�anizatians - extenc! th� re�ortir� reqi�irement to 180 d�ys " Autamatic Additionzl Insured - Owners, Lessess ar Cantractors - Automatic Status Wh�n Requireci in Canstruction /�greement With Yo�i * /�utomatic Additional Irisuree! - Verxiors � Automatic Aclditional Insurecl - Lessor of Leaseci Ec{uipment Automatic Status When Requirec� in Lease Ac�reement With You ` Automatic Addifional Insured - f�lanagers ar Lessor af Preinises # Aciditionaf Insured - Engineers, Architects or Surveyors Not �n�a�eci k�y the Natneci Insured " Additiot7al Insureci - Er�plo,yeo Injury tv Artotlter Efnployee * Primary Adciitianal Insured # Expar�ded Firs Legal Liability ta include Cxplosian; Ligfitning a�id Spririkl�r Leal<age � Automatically inc(udecl - Agc�regate Limits of Ir�surarice (per location} */iiatomatically includecl - Aggrec�ate Liittits �f Insurance (�er project) * Knawleclge of occG�rrenc� - Knowlecige of �ii 'bccurrence", "elaim" ar suit" liy your ac�ent, servant or emplayee shall r�ot in itself constitute I<nowfeclye af tl�e r�arned iiisured ur�l�s� ar� offic�r bf t(ie naii�eci instared lias �eceived siacit notice from the ageiit, sen�ant or eiiiployee " Unintentional failure to clisclose all hzz�rcis. If yau uninteritianally fail to disclose 1ny I��z�tcds existing �it the inception d�te of your policy, we will ��ot deny covera�e G��der tf�is Caverage Fori7i because of such f�ilure, Howev�r, this �rovision does not �ff�ot our righf to collect ac�ditional premi�mi or exerci�e aur rigl�t of c�.noel�.tior� or non-renewal. * Lil�eralization Cp11dif1011 * Mobile equi�mer7t to inclucie snow rEnewal; road maintenance and street cleaniix� �quipn�ent less th�i� 1,000 Ibs GVW * Blanket Waiver of Subrog�fion * Property Qama�e - Borrowed Er{uip��ent * Property Damaete Liability - Elev�tors " Podily It7jury Redefined ' Extended Property Damage ` Damac�� to Medi� Le�al Liability -$SC�,OQO REFER iO THE ACTUAL ENC�4F:SEMEN7 FQLLQWING t�N P'AGES 2 THRt?IJGH 15 F4R CHAt�G�S AFFE�TIfVC YOUR INSIJRANCE PRGITECTIt7N CG 71 52 U3 '91 Includes copyric�hted material of Insurfince Services C�ffice, Inc., witl7 its pennission. Page 1 of 15 GG 71 52 03 q q THI� ENnOR�EM�NT GI�IANG�� Tl�i� PaLICY. F'�EA�E READ IT CAREFULLY. ULTR� LIA,BILiTY PLUS ENDaRS�MEiVT Thi� endorsemeni modifies insG�rance providec) under the foilowing; GdMMERClAL ��PJEI2AL LI�BILITI( CdVERAGE FI�\RT SECTIO�d I - CQVEiiAG�� CIJVERA�E A�ODI�Y �iVJUFtIf ANd PRfJP�RTY dAMAGE �IABILITY The Follawing changes are made to 2. �xclusioi�s: �xt�nd�d Property Damage Exciusion 2.a., Expecfed or Intendec! Injury is replacec! with the followinc�: a. `Boc(ily injury" or "pro�erty cfamage" expectc-�d or intendecl from the stanclpaint of 1M7e insured. Tl�is exclusion daes not apply tp "bodily injury" ar "property dain��e" resultint� fraiYi ttie use of r�asQnal�le force to protect �ersans or property. �xt�nd�d Watercr�ft Cov�rage Exclusion g.(�} is del�;ted �.nd rep(�eeci by tl�e fallowing: g,(2} A��,�afercrzft you c!a not own thZt is: (a) Less than 51 feet long; (b) Nat beirx� used to carry persans or properry for � ch�rc�e; Prope��ty ��mage Liabili�r - �orraw�d Equipmeni 7he followinq is adcled to Exclusion j.: f'arlgra�h t4} of this exclusian does nofi �pply to "�rp�erty dam�ge" to borrowed equiptnent wl�ile at a jobsite znd while r7ot beirx,� used to perform operatioi�s. Tl�e �Y7ost we will p�.y for "property d�mac�e" to any one borrowed equipmer7t item under this co��er��e Is $25,000 per oecurrence. The ins�ararice affordeci under this provision is excess aver any ualid �i�rcl collectible property insurance (includinc� deductil�le) available to the insur�d, wh�ther primary, excess, cantinc�ent or on any other bnsis. Properry Damage Liability - Elevators The following is �ddeci to Exclusian j.; Under paragraph �. Exclusions ofi Coverac�e A. "8odily Injury" �nt! "Rroperty Dai7i�gp" Lizbility Para�r�phs 3, 4& 6 of this exclusian do i�rot a��ly to "�roperty dama�e" resulting from th� use of elevators. I-lowever, any insur�nce provided for such "property ciamage" is excess ovar any valic! an�i coliectibie prQperty insuranco tincluding deductible) available to the ins�ireci, whether prim�ry, exc�ss, cantingent or on �ny ather basis. CC 71 52 03 11 Includes copyric�hted material of Insurance Services Office, liic,, with its permission. Page 2 of 15 cG7��zo�� The 6asfi paragraph ofi Item 2. Exclusion� is deleted and repiac�d by the follawing: Exclusions c. thraugh n. �lo not apply to damage i�y fire, exp(osion, lic�l7ti�irx,�, si�ioke res��iting from sucfi fire, explosion, or IicPubniix� ar snrinkler leakage to �remises while rented to yo�� ar tem�orarify occupiec� by you with permission af tl�is owner, A separate liitiit of insuranae �p�lies #o tf�is coverage as desoribec! in Section III -�irnifs of Insurance. TNE FOLLOWlN� CQVERAG�S ARE ADDED: ' , Volunt�ry Propetty Qamage Caver�ge The in�urance �rovicied uncl�r Coverac�e R(S�ctian I) is ��nend�cl to inclt.�cl� "�roperty ctamage" to properry of others caused by the insured: ' �. While in yaur possession; or b. Arisinc� out of "your wor!<". Goveraye ap�fies at the request of the insured, wPrether or not the insured is lec�r�lly ouligated to pay. For tl�e purposes of this Voluntary Pro�erty Damage Cov�rage only: 1. Exclusion j. Damage to Property under Coverage A(Seetion I) is cleleted and replacecl by the following: j. Damac�e t�a pro�Prty "f'ro�erty ciamage" to: {1 j Property held by the insured for servicit�ca, repair, storage or s�le at preitiises you ovvn, rent, lease, operate ar use; (2} Property tran�ported by ar dnitinc�e cc�usec! I�y any "c�utoinol�ilo", "watcrc.raft" or °aircraft" yau own, liirc or �B2S8; (3) Prop�rty yau own; rent, lease; borr�w ar use. Care, Custoeiy and Gontrol F'ro�erty D�mage Coverage For the purpose of this Care, CustacJy and Conti•vl PraNerky Damac�e Govzraje c�nly: 1. Item (4j of Fxclusion j. of Coverage A(Se�fion I) does noi ap�ly. CQVERAGE M. DAMAGG TA 1VI�(31A L�GAL LIABILI7`1( 1. insi�ring Agreerroent a. We �+vill pay those sums that the insured I�ecomes (eg�lly obligatecl #o pay �s dama�es because of dam�ge to "electronic eiata" to which this it7surarac� �pplies, tNe will I��ve the right �ne! duty #o ciefend the insured ac��inst any "suit" seekiny those c��ma�es. However, we wiMl hav2 no duty t� deienc� tMe insured ayainst any "suii" seeking d�mac�es for "electronic dat�" to whicl7 this insurance does noi ap{�ly. We may, at our discretion, investic�ate any `bccurrer7c�" and settle any claitti or "suif'' that may r�sult. But: CG l'I 52 03 11 Inc►udes copyrightecl material of Instarance Services Office, Ina., with its �ennission. Pa�e 3 of 15 CG 71 52 03 'i 1 {1) The amount we will pay far darnac��s is limit�cf to $50,000. (2) Our right and duiy to defend ends when we have ��sed up the applic�}�le limif of insurance in t17e payment of judgments or settleit�errts under this caverage or any other ap�lic�zble coveragP or meclical expenses under Cover�c�e C. No other oulic�atian ar IiaUility ta pay sums or perform acts or seruices is covered unfess explicitly provirlecJ far under S«�plemen#ary Payments. b. This insurar�ce applies to d�mages to "electronic dlta" only if: (�i ) The c�amage to "electronic data" is cai�seci by an "occurrence" that takes place in the "cov�r�c�e territory"; {2) The clamage to "el�ciranic dat�" occurs during tl�e palicy period, aticl (3) Prior ta the palicy period, no insurecl fisted uncler P1rac�raph 1. of Section II - Wha Is An Ins��red and no "employee" authorizec! by you to c�ive ar receive notice of an "occurr�nce" ar claim, knew that th� clan�ac�e to "elecironic d�ta" had occurrecl, ii� whole or in ��rt. If such a lisfied insured or a��thorizec! "entployee" knew, prior to tfie policy �eriocl, th�t the damlge to "el�etronic tiata" occ�irred, tl��n any continuation, chanc�e or resumption of such damae�e to "electronic elata" ef�ming ar after the policy periad wil! deemec! to have beer� known prior to the policy periocl. � c. Damag� to "electronic d�i�" which occurs clurinc� the policy p�riod and was not, prior fio the policy periad, known to Ita�c� occurrad by �ny insure�l listed uncler I'arzc{raph 1. of S�ction It - Wl�o Is An Insured or ar�y "�mployee" authorizec! by you to give or receive notice of an ``occt�rrence" or ol�iit�, inclucles ariy con#inuation; char�c�e or resumption of that damage ta 'electronic dat�" after the ene! of the policy period. d. Dan�age to "electranic data" will be de�med to have l�een I<riowii to h�ve acceirred at the earli�st titne whcn any ins�.�red listeci under Paragrapi� 1 nf Sectian II - Who Is An Insureel or ar7y "employe�" autl�arizeci by you to give or r�ceive notice af an "occurrence" or claim: {1} Report� all; or any pnrt; of the cl�mac�c to "cicctronic cl�ta" to u� or uny otl�or ir��urcr; (2} Receives a wriiten or verbal demancl or claim for daina�es because of the dainage to '"elecfronic data"; or t3j Becomes aware by any otl�er means th�t dail�ag� to "`eleGtronic d�ta" has oecurred or IYas E�eg��r� to occur. 2. Exclusiot7� This insurance does nof a�ply to: �. Expected Or Intet�ded Injur�r laamage to "electronic dat�`" expectec! or inteneled from the sta�xipoint of the insareri. b. G�riltactual Liability IJaii�age to "electronic clata" for which the ii�srarec� is obligatc-�i to pay cllmages uy reasot� oi the assumption of li�hility in a cnntrar.t nr ac�raPm�nt. Tliis P.Xf:i11RIf7t1 rl�ps nnt ap�ly tn liahilify fz�r riamar��s that fh� insura�� wniilrJ havE in the absence of tl�e contract or ac�reen�ent. CG 7'1 52 03 11 Includes copyright�cl ma#erial of Insiarance Services Office, Inc., witli its �ermission. F'age 4 of 15 C+G 71 52 03 '17 c. I'oiluti�n Damage to "electranic data" arisi��g out of the actual, alleg�d or threatened discharge, clispersal, seepage, migcation, ral�ase or escape of "}�ollutants". ci. Aircraft, Auto, Watercr�ft or Mobils Equipment Dair��zge to "electronic d�t�" arising oiit of: (1j The transportatian of "mobile ec�uipment" uy an "auto" ownpei or Uperated fay or rented or laaned to any insurecl; or �Z� TI1G' U52 Of "mobile ec�uipment" in, or while in practice for, or while 4�eir� prepareci for; any prearrangeci racing, speed, ciemoliiion ar stunting activity. e. UVar Da�77age to "electronic data" haw�ver caused, arisinc� directly or indirectly, out of: (1) War, includir� uncleclar�d dr eivil war; {2} Warlike acti.�n hy � military force; incl�ielir� acfiian in hinclerinc� or ciefenelinc� a�ainst an ar_ival or expecteci attack, by any government, sovereign or other auf.hority usinc� military persoiinel or otlter ac�ents; or (3} Insurre�tion, rebellian, revolufion, usc�rped �ower ar acfion taken liy c�auernmer�tal a��thority in hindering or def�ndiny ag�inst ai�y of these, f. Damage 1`o Property Damage to "electronic data" tlta# is; (1) Praperry yau own, rent or occupy, includiix,� any costs or expenses incurrecl by yoG�, ar any otlier person; organizrztion ar en#ity, for reprair, replacement, enhancement, resfor�ition or mAinteri�nae of �uch property far any reason, includinc,� preventian of injury to a persan ar c��inage to anather's property; (2j Property loaned #o you; {�j Persot�a) property in the care, custady ar control of tlie insurecl; (4) Tfi�el �artie;ular �ari u( ieal �rc��Grty u�� wlYic:li y�u ur driy c;urilr�c;lurs wr �ul�c:ur�lrac;lvr� vvvrld�ty clirec:lly ur indirectly on your behalf are perforrtiing operatior�s, if t{7e "property dail7�ge" arises ouY of tk�ose operatians; or (aj That p�rtieular part of any property tt�at ii�ust k�e restorecl, rep�ireci or replaced bacause "your wor{<" was iricorrectly perforined on it. c�. �3arna�e To Yaur F'rvduct Damage to "electronic c�ata'" in "your praducY' or arising out af it or ar7y part of it. h, L�amage Ta YQur Vllc�rk D�mage to "�lectronic d�ta" in '"yo�ir work" arisinc� out df it or �ny �art df it a��d incluciecl in t}�e "praducts- completecl operation� hazard". CG T1 52 U3 11 Includes copyrighteel material of Insiarance S�rvices Office, hic., witl� its {�ermission. Page 5 of 15 CG 71 52 U3 '11 i. Dam�ge To impaired Pro�erty �ir Property Not Ptrysically Ir�jured Damac�e to "electronic ciata" in "impair�d pro�erty" or pro�erty thG�t has not been pl�ysically injurecl, arising oi�t of: (1} A defect, deficiency, ir7adeq�:iacy or dang�rous corielition in "your product" or "your work"; or (2j A delay or failure uy yau or anyone ackinc� on your I�ehalf to perforni a contract or agreement in �tccordance with its tenr�s. j. Recall Of Rroducts, Work ar Impa�ired Property Uamages ciaimed tor any loss, cost or expense incurrc�cf by you or others tor the Ioss ot use, withclrawa.i; recall, inspection, re�tir, replacement, adjustment; remnval nr clisposai of: (1} °Your produci"; {2) "Yoiar worl<"; or (3) "Impaired properiy"; if sucl� product; work or property is wiihelrawn or recalled froni the niarket or from use t�y ai7y person or urydni�aliori b��sxu5e uf a kriuwn or sus��ute�i d�fc;c:l, ciefici�ncy, it�r�ciec�u��cy or cJar�eruu5 c:vr�tliliuri in il. k. Persanal And Advertising Injury Damage to `electronic data" arising o�at Qf "personal ancl advertisinc� injury", CJV�RAGE R. PFtdDUCT PEGALL E?tP�NS� �1, If�suring Agreemei�t a. We wilf pay 90% of "f�rociuct recall expense° you incur as a res��lt of a"product recall" you initiate d«ring the coverage p�riocl. b. We will anly pay for "product recall expense" arising out of "yaur pradiacts" which have been physicalfy r�linquisftiecl to atfters. The amount we will pay is liiiiited as eJescribed below in SECTIUN III - LIMiTa f)� INSURANCE . 2. �xcfusions This insur�r7ce does r�nt apply to "product rec�fl expense" arising aut af: a. Any fact, circumstance or situatian whieli existed at the ince{ation clate of the policy ar7d whieh you were aware of, or roulrl rP�son�hly have fnrPsaPn th�t woulr_1 hlup r�sultp�i in a"�rnciur_.t recall"_. b. Deteriaratian, decomposifion or transformltion of a cfiemical naiiire, except if caused by an error in tf�e manufacture, design, processinc�, stor�ge, or tr�nsportation of "yoi�r prodcict". c. The withdrawal of similar products or batches that are nat defective, when a defeet in anatl7er product or batch ha� been found. CG 71 52 03 11 Includes copyrightecl material of Insurance Services Office, lnc., with its �ennission. Page 6 of 15 CG 7'I 52 03 1'i d. Acts, errors or omissions of any of your employe�s, ciQne with prior knowledge of any of your officers or ci�rectors. e. Inherent vice, n7eanirx,� a naturai car7ditio�7 of property tl7at causes it ta deterinrate or b�coiYie damac�ed. f. "l3odily injury" or "prope�iy damage". g. f=ailure of "your pr�oducY' to accomplish its intet�deci pi�rpose, ii�ciuciiix,� any breach of w�rranty af fitness, quality, eificacy or efficiency, whether written or impiied. h. �oss of r�putation, custoir�er faith ar appi�ov�l, ar any costs incurrFxl ta reg�in customer marltet, or ai�y n4h�r consequential ci�inages. i. I_egal fees or expenses. j. Dai��ages claimeci for any loss; cost or expsnse incurreci by you or others for tl�e loss of �ase of "your prodact". k. "Procluct recall expense" arisinc� frnm tlie "product reczll" of any of "your products" for wl�ich cover�c�e is excluded by eneiorsement. GtJVERA�E 1N - WATER G}�1MRG� L.E�NL L,IRBIL(TY The Insurance provideci under Coverac�e W(Sectior7 I) applies ta "�roperiy damac�e" arisiilg 4ut of w�ter darnac,�e to premises that are both r�nted to and oce�ipi�d �y you. The �imit under tliis covera�e shall not k�e in adclition to the Damaye Ta Preit�ises Rented To You Limit. �ECTIC3N I-�UPPLEMEMiARY PAYMENTS - COVERAGE� A AND � is amendeci to read SUPPLEMEt�iARY PAYMEPJrS, and Ixems 1.b. and 1.� ar� am�nded as foflaw�: b. Up to �1,000 for cost af l�ail band� r�quirecl beeause of accidents or traffie law violttlions arisinc� out of the use of any vel7icle to which the Bodily Injury Liability Coverac�e apR�lies. We do not ti�ve to furnish ti}�se bands. d. All reasonable expenses incurrecl f�y t{ie insured at our request to assist us in the investigation or defense of the c:laiin �r "sriit", inc:li�rlitx,� ar.tual li�s� nf Parniric�s u� t�� .�i�Q a r�ayr (�Pr.ausa nf titii�? riff frciit� wnrk. S�CTICN il - BRDAD FORM h1AM�D INSUR�D 1. Section 11 — Who Is An Instired is ai��endecl to inclucle as an ins��reci any lec��lly incorporltecl entity Of W{11CI1 y0U awri more than 50 percent of tlie vatinc� stack cf�iriilg th� policy p�rioe�. �. For the F�urpose oi the coverage providecl by ttiis provision oiily, ihe following is aelciecl fo Goticlition 4.b. Exe�ss It�stirance, under Seetian IV - Cammercial General L,iahility Conditians: This insurance is excess over any of the nther insurance, whether primary, excess, cont'rr7c�ent or on aiiy ofl�er basis, th�t is �.vaifable to an insurecl solely by reason of ownersl�ip by you of inore than 56 �Serc�nt r�f tlte voiiii� stoek. 3. Tiiis provision daes not apply to a policy written to �ipply specifically in excess of this policy. GG 7't �2 03 11 Includes copyrightecl material oi Insiarance Services Office, hic., with its permission. F'age 7 of 15 Gfi� 71 52 C�3 11 ; It�m 4.a, is deleted and replaced by tt�e followin �: a. Coverage under tl7is provision is afforcied anly until the 180th day after you ac�uire or form the organiza.tio�� or the er�d of the policy period, whichever is earlier. The fcsllowing are added: 5. Additiorra! In�ured - Owners, Lessee� or Contraciars - Automatic �iatus UVhen Required in Gonsfruction ' Agreement Wlth Y4u a. Any person or ar�anization for whom you are �erfarmi��g o�Prations when you �nd such persoii ar• arganizatioii hav� a�rPQ�i in writinr� in a rnntrac:t or a�rppmant thafi sur.h �prsnn �r nrc�ani7ati�n hp �cic�Prl as an a�iciiti�nal insured oi� your �olicy. Sueh �erson or arganization is an aciciiti�nal insured only witl� respect to yaur liability which m�y t�e imputed to tl»t person or orc�anizatiot� ciireetly arisin� out of your or7yoinc� aperatians performed for• that person or orga�iization. A person's ar arcJanization's st:�tus as an ins�areci under t{lis enciorsen�ent ends w{7en ' your oper�iions tor that insured are coinpleted. b. With respect to the insur�nce afforded these aelclitianal insureds, tlte fiallowiny addi#ional exclusic�i7 ap�lies: This insurance does not apply ta: "Badily injury", "property damac�e", or "personal anel advertising injury" �risinr� out of the rendering of, or the failure to render, any professional archltectG�ral; erigineerfnc� or surveyinc� services, (ncludir�: (1j T}�e preparing, ap�roving, or failing to prepar� or approve, ��iaps, shop drawings, opinions, reparts, surveys, fiicld orders, cl7nnge ord�r� ar clrawings anr� speeific�itions; �nc! (2} S��pervisory, ins�ection, architectural ar engineerinc� aetivities. ' 6. Rdditional Ins�red - tler�dors Any person or orc�anization (referrecl #o below as t�endor}, but anly with respect ta "badify injury" or "proper[y dalnaye° arisirig aut of "yaur products", whieh �re distril�uteel or sold in the reg�ilar course of the vendor's t�usiness, subject to the follawinc� �dditianal exclusiaiis; a, The insurance affordec! the vendor does not �pply to: (`tj "Bodily ir7jury" ar "property clam�c�e" for wl�ich tf�e vendor is obligatccl to pzy da�t�ages by reason of the assumption af liability in cantract Ar ac�reerne��t. This exclusion claes nofi apply ta liability for damages that the vendor would have in the absence af the oontract ar agreemenf; (2) Ar�y �xpress warranfy unautliorizect by yau; �3j Any physic�l ar chemical change in the product made intention�lly by the vendor; {4) Repacl<ac�ir�e�, unless ut7packed solely for the purpose of in�pection, demonstration, testing, or the sul>stitution of parts under instructians frait7 the irianufactur�r, anc! tl7en repackaged in the original coiitainer; (5j �1ny failure to make s��ch ir�s�ections, acljustments; tests or servicir� as the vendor f�as ��eJreed to make or nonnally undertnkes to ��iake in the usual course of business, ii7 cor�nectfon witl� the distributi�n ar sale of tl�e products; (6) Demonstration, installafion, servicii�ct or rep�ir operatians, except sraeh aperations performed at the vendors prami�es ii� cat7nPctiQn witli tfie sale of tl�e product; CG T'1 52 43 11 Includes copyric�htecl material of Insurance 5ervices Office, Inc., with its permission. Page 8 0� 15 CG 71 52 Q3 '11 (7) Proclucts w{�ich, after disiribution or sale fay you, have be�n label�d or rel�eled ar ��sed as a container, n�ri or ingredient of any other thing or substance i�y or for tf�e vendor. b, This insurance does ►iot appiy to a�iy insureci �erson or organization, fram whom you I�ave aa-�uireel suc�� productU, or any ingradic�yt, pzrt af cot�tnincr, cntoring into, accomp�.nying or containing euch proclucts. 7. Additional Insured - Lessor of Leased �c�uipment - Auto�riatic Siatus When Requirec! in Lease Agt•e�rr�nt With Y�u a. Any person or organization from Wi101il you lease equiF�inent wh�n you and such person or organization have agreeci in writing in a cantr�ct or ac�reement tl�at such person or orr�aniz�tion be acicied as an aciditional insured on your policy. Such �erson or are�aniz�tion is an insured, but o�aly witlt respect to yaur li�bility arising out ot tfte m�inten�nce, operation or use of such leased �quip�ttent, which iT7�y be imp��t�d 10 that person or organizafiian as ihe lessor of equiprt�ent. A�erson's or or�ar�ization's stat�is �s �n insured i�ncler tf7is endorsement ends whEn their cotitract or ayreslrer7t with you for sGtcl� leasecl ec�uipment ends, b. With respect to tl�e insurance �fforded ti�ese �dclition�l it7s�.irEds, the follawing additional exclusion �pply: (1 j To any 'bccurrence" whiclt taltes place; {2y To °l�odily injury" or "property damaqe" �rising out of tl�e sole neqlic�e�7ce of such person or organization. 8. Additinnal Insured - Managers or Lessors of Premises Any person ar orgar7ization; f�ut only wifih respect to tl�a liability �ri�ing nut of ti�e ownership, itiaintenance ar use of that part of the �remises leased ta you ancf suhject to tVie followir�g additional exclusinns: This insurance does not a�ply to any: �. Any "accti�rrence" which tak�s place after you cease to be �, tenant in that premises, b. Structural alterations, r�ew construetian or dei��olition o�er�tions perfc�rn��c� by or an k�ehalf of Glny person or organization. 9. Additional Insured - Engineers, Archit�cts or Surveyors Not Engac��d by #he Nam�d Ir�sured Coveray� is provided only when the insureci is contract��afly requir�d to add the enc�ineer, architect or s�irvPyor. Covera�e is �roVidec! with i�es�ect to yvur liauility for "ui��ily injury° or "prvper-ty cJamaje" ar "persanal an�! adveiiising ir7jury" directly �irisin� out of. a. Your acts or omissions; or b. Your acis or omissiotis of those acting on your behalf; li7 ti�e performance of your onc�olrig operations for tl�at addltional insureef(s). 10. Additior�al lnsur�d - Employ�e Injury ta Another Employ�e With res�ect to your ``em{�lay�es" wha accup,y positions whicl7 are supervisory in nature: Paragraph 2.a.(1) af tf7is section is ainenr�ecl to reac�: CG 7'I 52 03 11 Ir7cludes copyrightecl material of Ins�arance 5ervices Office, In�., with its permission. Page 9 of 15 GG 71 52 03 1`I (1) "BocJily injuiy" or "personal and advertising injury" a. To you, to your �artners or mernk�ers (if you �re a partnership or joint venture), ar to your members (if you ar� a lii�ited li�bility coi77pany}; b. Far which tMere is any ablig�tion ta share darY�ages witfi or re�ay snitieane else who must pay dam�c�es k�ec�use af the injury dPscribed in paragra�h (1)(aj �bove; or c. Arisirig out at I�is vr her providi�x.� ur failinc� fo �aravi�le proicssio�7zil Ite�lih care seivices, ParnyraNli 3.a. is deleted. For the purpose of this Item '10 anly, a pasition is deemec! fio be supervisory in nat�ire if th�t �ersan perfari»s princip�l work which is subst�ntially different frorn that af 17is or her subarciinates and has autharity to hire, direct, disci�line or discliarge. . 11. Prim�ry Additional Insured A. Cammercial General �iabilify Conditions (Sectian 11!}, par�gra.ph 4. (Other Insiarar�ce} is deleted and replaccd by the followinc�: 4. Otl7er lnsurance If v�lid and collectible "other insur�nce" is availabl� to tl�e insured for a loss w� cover under Covera�es A or B of this Coverage Part, our ol�ligafions are limited as follows: a. f'rimary Ins��rai�ce Ti7is insuranc� is primary except wh�n b. below applies. If this ins��rance is primary; our ot�ligations are not affe�tEd unless any of tlie "otiier irisur�nce" is al�o primary. Tlien, we will shr�re with all th�t "other insurance" l�y the metktac! descriL�ec! ir� c, k�elow. b. Excess Insurance This insurat�ce is excess over �ny of tl�e "otlier insurance"; whetl�er priin�`y, excess, co��tit�gent ar at� ar�y other [�asis: {1) That is Fir�, Extended Coverage, Builder"s Risk;1nstallation Risk, ar sitt�ilar caverage far "your work"; (2) Tliat is Fire insurzhce far ��remises rpnted tra you or t��m��ararily r�r_.cupir��i hy ynu with �aermission of tl�e owner; (3 That is insurarlce �urchasecJ by you to cover your liauility as a tenant for "property damage" to premises rented to you c�r tei��porarily acc��pied by yo�� with �ermissiaia of the owner; or (4� If tl7� loss arises out Qf the tttairit�nance or us� of aircraft; "`auto�", or watereraft to thP �xtent not �ul�joct to Exclu�ion g. of Sectian I Covcr�c�c /1 Boclily Injury ni�d Praperty DaiYir�gc Liability; . or {5} TI7at is available to tl7e insured wl�en the insurec! is an additia�7al insured under �ny other policy, includiix� �t7y umurelll or excess �alicy. (6) Tliat is pravieleci to any �ersori or arc,�anizatior� who qu�lifies as an adelitianal insured herein, exce{�t w17en you �nd t{7at person or organization have agreed in writing t{�at this insurance shal) i�e priniary. GG 7'1 52 03 11 Includes copyrightecJ material of Ins�arance Services Oifice, Inc., with its permission. Page 1U o� 15 GG 71 5"2 03 q � WfTen tlii� insurance is exces�, we will I�ave no duty under Coverac�es A or C3 to defenei tl�e iiisured a��tinsf any "suiP' i( any prvvicler of "C.)UICI' II1SUItS.I1l+C'� lias a cluiy lv cle(ei�ci the ir�surecl a�ainst ih�if "suii". If no provic�er of "other ins«ranc�" clefencls, we wil) unelert�ke to do sa, but we will be entitled to the insurec!'s ric�hts ac�ainst �li thos� providers of `btlier insurance". When this insurance is excess over "`other insurance", we wili pay only aur sh�re of the amount of the loss, if any, that exceecis the s�mi of: (�i) The total amount that afl sucl7 "other insurance" wo�Ud pay far tl�e loss in the at�sence of this in�uranc�; ane! (2) The tot�l of �II deductible ar�d self-insured aitiaunts under that "other iris��rance". We will share the remainiiag loss, if any, with �ny "otl�er ii��urance" that is not d�scrit�ec� in this C-xcess Ins«rance provision. c. Method ofi Shari��g If all ofi ti�e 'bther insurance" perniits eontribufiiQn by equal shares, w� will follow fihis methoel �Iso. Under �his approach each provieler of insur�nce contritiutes equal amounts until it has �aid '+ts zpplicable limit ot i►i�surance or norie� of the loss r�i�nains, wlti�l�ever conies first. If any of fhe "other insurance" ciaes nnt permit contribution by ec�ual shares, we will contribute by liit�its. Under thrs metliod, the sft�re of each provieler of ins�aranee is k�ased on ti�e r�atia of its applica}ale limit af insurance to the tot�l applica�le liniits of ihsuranca af all provic{crs of i�isurance. B. (=or tPie pur�oses of tNtis insurance caverage providecl uy this It�m '11 only; the following definitian is add�d to DEFINITIONS (Section V): "Otiier Iriswrance": a. Mcs�ras in�ur�ncc, ar the fui�ding of In:�c�, titiat is provicJcd by, tlirough or on bcfialf of: (1) Another insurance cornpany; (2) Us or any of our affiliateci insuranr,e eampanies, �xcept when tl�� Non-auinulation af Each Occurr�nce Limit secti�n of Parac�raph 5 LIMITS QF INSU�ANCE `�Section III� or the Non-cuinulation of Personal and Advertisii�g Injury fiii7its sections of Parac�rapl7 4 of I�IMITS O� INSUR/�NCE (Section III} applie�; (3) Any risl< retention �ro�ap; (4) Any self-insurance �netl�oc! ar proGram, other than any fundeci by you and over wl�icl� the Coverage part a��lies; ar (5j Any similar risk tra�7sfer or risk manac�ement niethocl. b. Does r7ot indude umbrelCa insurance, or �xcass insurance, that you taou�ht specifically to a�ply in �xcess of tlie Lii��its of Insuranr.e shown on the Declaratior�s of this Covera�e Part. CG 71 52 03 'i1 Includes copyric�htec� material of Ins�arance Services Offiae, Mc., witl� its �ennission. Page 11 of 15 CG 71 52 03 '11 SECTIt7N III - LIMIiS OF IN�URANCE ftems 2, 3, and 6 are del�ted and r�piaced b�r the follawing: 2. Tlte General Ac�gragate Liitiit is tho m�st wo will �ay for the sum ot: a. Medical expenses under Coverage C; b. Damages under Goverac�e A, except cia�nages k�ecause of "bociily injury" or "�roperty daiY�ac�e" included in the "praducts-completed operations ha2arc!"; c. Damages unrier Cr�veracJe B; and d. batttages urider Covera�e W. 3. I f7e F'raiucts-Lompleted Uperatioris Ngc,�.regate �imit is the most we will pay �.incler C;overage A tor damar�es uecause of "bodily injury" ancl "praperty damac�e'` includeci in thE "proel��cts-eompleted operatiotis hazard" �iid GovPrage R. 6. Subject to 5, above, the Damac�e to Prei�7ises Rented ta 'You Liniit is tl�e inost we wili pay under Coverage A ior damages becC�use of "�roperky damage" to at7y one preinises; while renteci to you, or in ti�e case of ciamage by fire, explosion, (igl7tr�ir�, siTiol<e res�dting f�atn such fire, explasion, ar liyhtnirx,� or sprinl�er lea!<ac�e while rented to you or tempor�rily occupieci �y yo�� with pertnission of the awner. The follawing are added: 8. Subject to 5. above, $25,000 is the most we will p�y for Ur�der Goverac�e fN far W�ter D�ma�e Lec�al Liabifity. 8. Coverage R- Product Recall Expense Aggrec�ate Limit $50;000 Each Rroduct Rcec�ll Limit $25,000 a. The Aggrec�ate Limit shown above is the most we will �ay for the s�un of �II "product recall expense" yo�a incur as �� result of all "praduct recalls" yo�,� initiate durina the enr�orse�neht period. b. The Each Prcxiuct Recall LElillf SIIOWtI above is the most we will p�y; subject to the A�grec�ate and $1,Op0 deductiule, far "proeluct recall e�;pensP" you ii�cur for ariy onP "prod��ct recall" you initiate di�rin� the enciorse��ient Neriud. 10. Aggrega�e Limits of InsuranGe (Per Locatioitij Tl�e Gener�l A�c�regate Lin�it applies s�p�r�tely to eaGl� of your "locations" awn��i kay or rented to you or tempararily occupied by you with the permission af the owiier. '"Locatio�i' means premises Involvin� the sai��e or connectinc� lots, or �remises whose conneetian is interru�ted anly by a str�et, ro�cfway, waterway or ricPub-of-way of a railroad. 11. Aggregahe Limits of Insurance (Fer Projeet) 7he Gensral Aggregate Limit applies separltely to each of your projecfs away from �remises ownEd by or rented to ya�i. CG 7'I 52 03 11 Includes copyric�htecl material of Iris�arance Services 4ffice, Inc., with its permission. F'�ge 12 of 15 CG 71 52 0� 1'1 1�. Subjeet to 5. ak�ove, a$5,000 "occurrence" liit�ifi and a$10,q00 "aggrec�at�" limii is the mosi we will pay ur�r�er Coverage A for damages because ofi "property d�mage" covered under Voluntarp Properry Dainage Goverage. 13. Subject ta 5. above, a$25,000 "occurrence" 1ii77it �nd a$100,000 "a�c�regate" liiYiit is the most we will pay under Care, Cusiody and Conirol Coveraqe re�ardle�s of tl7e nurnber oi`. a. Insureds; b. Claims made or "suits" br�ought; or c. Persons or orga�nizations itial<ing claims or bringing "suits". Deductihle - Our obli�atinn to �ay ciamages on your behaif applies oniy to the amount of damages in excess of $500. This deductiule applies #o all damac�es because of "�roperty damage" as the re5ult oi ar�y one "accurrence" re�ardless of thP rnntihpr nf (�ersnn� �r nr�anizations whn su5t�in da�tta�ps hPr_.ausa nf that "n�currenc.a". We i7�ay pay any part or �II of tlie decluctil�le a�77ount to effect s�tfl�ment of any cl�iiY� or "suit" and upon nqtiiication of the action taken, you sli�il F7romptiy reimhurse us for sucii p�rt of the cl�elwctil�le arY�ount as has baon paid by us. As respecfs this coverage "Aggregate" is the m�imurti 1r7iaunt we will pay for all covered 'bccurrences" during one policy periad. SE�iIAN IV - Cf7MMERCIA� ��NEi4AL L1A�I1�11°Y �t�N[�ITI�h#� Gvrtditiorr 2., Iterr�s a, and b. ars delel:ed and re�lac�d by ihe following; � 2. Duties h� The Event Ctf OcGurren�e, t?ffer7se, Claim 4?r Suit � � �, You must see ia it that w� are natified as soon as �ra�tic�le of an "accurre�ic�" or an offe�ise whioh may r�sult ; in a claim. Knowledge of an 'becurrence" by yaur agent, servant or employee shall not in itself constit�ate knowledge of the nzmed ii�sured unle�s �n officer of tl�e h�meci insured flas rec�ived such natice from the �c��r�t, servant or eiiiployee. "fo tf�e exte��t possible, notice sl7ould include; (1) How, wf�en anci Where fhe "occurrenae" taok place; (2) The names anc! acldresse� of any injured per�ot7s and wit�ies�es, atid (3) The nature and locatior� of ahy injury or damage arising o�it of'tl�e 'bccurrenc�" or affensE. b. If a claim is niade ar "suit" is hrougfit against any insured, you tnust: (1} li��inodi�tcly rccard thc ypccific, of thc claim ar "e.uit" and ihc datr. rcccivcd; �nd {2j Notify us as saaii �s practia�ble: You must see to it that we receive written notice of tlie elaim or "'suit" as saon as practic�le. Knowledc�e o4 a claim or "'suit" l�y yaur ac�ent, servant or en�ployee shall not iti its�lf constitufe knawledge of the ,named insured unless an officEr afi the nai�ied insur�d h1s received such iiatice f�orn tlte �gent, servant or einployee. C011dlti411 Z.C.�S� IS �dt�2ti: (5) Upon our request, replace or rep�ir tl7e properky coverecl under Valunfary Property Damage Goverage at your aetual cast, excludir�� prafit or �verheacl. CG 7'I 52 03 11 Includes copyrightecl materia) of Insurance Services Office, liic., with its permission. Page 13 of 15 CG 71 52 Q3 1�t Gonditions 10,, 11. and 12. are added: 14. Blanket Waiver �f Sut�rogation We w�ivve ai�y right of recovery wc� rnay have ac��inst arty persan or orgat�ization because of p�.yt��etits w� i�7ak� fpr ii�jury_ or damage; ari�ing out of: premis�s awt7ecl or occu�i�d k?y or rented ar loaneci to ynu, ong�ing af�er��tions perfonned by you ar on yo�ar t�el�alf, done �iricler a contrart vdith fhak person or or��nizatioii; "}�our wvri<", or "yo�ar products". We waive this ri�ht where you i��vQ ��reed #o tlo so �ts part of a written co��tr�ct, executed k�y yo�� before tho "l:odily injury" or "E>roparty d�iYiagc" ac:aur� or thc "per;,onnl injury" or "�dvc;rti�ing injury" affcr�yc i:, conuniited. 11. If a revision to this Caverage P�rf, wl�ich would provide rliare coverage with no additional preil�ium becoii7es effective during the policy p�riod in the stat� designatecl far the first N�med insured shown ir7 the Decl�rations, your policy wi0 a��#om�tic�lly provide this aclditional coverag� oii the effective date of the revisian. 12. Basecl on o��r relia►ice on yo��r r?pres�ntatians as tQ �xis#in� hazards, if yau unintention�l(y shotdci fail to disclase a11 such hazards at ti7� inceptioi� date of your policy; w� will not der�y coverag� uiicler this Coverag� Part because of sueh failure. However, tliis �rovision cioes not affect our ric�ht to collect �delitional preniium or exereise our ric�l�t of cancellatian or non-renewal. Th� fallowin� conditians are added in reg�rd to Coverage R- Procluct R�call Exp�nse In event of a"�rod«ct r�c�ll", you m�ast 'I. See to it ihat we �re notified as saon a5 pr�cticable of �"product rec�ll". Ta fihe e�e��t �assik�le, natice shou�d ir�clude how, when and where tl�e "procluct recalP' toolt place ane! estimated "product reeall exper�se°. 2. Take all relsonable steps to miniinize "product recall expense", This will not increase #he limit� of insurance. 3. If requested, permit us to question you uncler oath at si�cl7 tiines �s may be reasonai�ly required aboat any i��tter relating to this irfsurance or y�ur ulaini, inuluclii� yvur uooks ancl recar�ls. You�• �nswers must 4�c siynecl. 4. Permit us to inspect anci obtai�i other infortnafiion provin� the loss. You t��ust send us a signed, sworn statement of loss containi►�e� the information we request to invsstigate the claim. You must da this within 60 days after o��r req�iest. 5. Gooper�te witli us it� tf�� ir�vestigation or,settlement of zny cl�im. 6. Assisi us upon our request, in the enforcement of any ric�his ag�inst an,y person or orgznizafion which ma,y be liahle to you because of (oss to which this insuran�e applies. ' SEC710N V - D�FINITIaNS At IteiY� 12, Mobile Equipment tf�e warclinc� at f.(1) is deleted �nd replaCed {�y the following; f.{1) Equipment designec! primarily for: (a) Snow removal; (t�) Rnacl m�intPr7anr.e, l�ut not cnnstrur.finn �r rP��rfar.inp; �r (c) Sireet cle�nir�; ax�P�t fnr sii�h u�hir.IpG that ha�iP a c�r«s.s uFfiir.la wPic�ht lass than 1�� Ihs whic:h arP nnt �la�i�n .xi fnr hir�{7way �ise. CG 71 52 03 11 Includes copyric�htecl material of Insurance 6ervices 4ffice, Inc., with its pennission. Pat�e 14 of 15 CG 71 52 03 'I'i The follawir�g definitions are added for this errdorserrrr�ent only: 3, �odily Injury Redefined . Under V- Definitions, definition 3. is deleted 1nd replaced with the followinc�: 3. "bodily injury° means pl�ysical injury, sici<ness or ciiserse sustained by a person, This includes mental anquish, menial injury, shod<, trigf7k or death that results from sucft pl�ysical injury, sickness or disease. 23. "Elecfronic data" me�ns information, f�r_.ts or proc�rams storad as or nn; r_.raataci or used nn, or transmittad tn nr from computer saftwarP, includii�g systems Zncl applicatinns software, hard or flo�py disks, CD-ROMS, tap� drives, cells, data processing elevices or any nther media whieh are useci with eiPctronically controlled ec�uipi7�ent. 24. "P't�oduct recall" means a witlidrawal or removal from tl7e itiarket of "your product" based on the deterit�ination by you ar atiy regulatory or goverrnnental agency tl�at: (1) The use ar consumption of "your �roduct" has caused or wil) cause actuaf or alleged "bodily iiijGary" ar "pro�erty ci�.mage"; anrl (2� Sucf� deterininati�n requires yn�� t� recover pc�sse�siora �r cUti#rol r�f "yc�ur produet" from any distriia��tor, purchaser or user, to repalr or replace "your producC', �iut only If "your pr�aduct" Is unflt for �ase or consum�tion; or is hazardous as a result of: (aj An error or OI1115SIOt1 by 41n insured in t{�� eJesign, itiariuf�et��ring, �rocessing, (abeling, stor�ge, or transportation of "your product"; or (t�) Actu�l or �Ileg�d inteiitional, malicious or wrongful alteratian or cantaminatior7 of "your product" by sottteone olhei' thaii yoi�. E 25. "F'roduc# recall expertse" means re�sonable and necessary expenses for: (1) Tefephone, r�ciio and television conlmunicatian �nd prii7ied advertisem�nts, includiix� stationery, erivelopes ancl postage. (2) Transporting recnlleci product� froni �er�y purch�s�r, clistribt,itor or user; to lacationa de�ignated by yoii. (3} Remuneratian plici to .your emnloyees for averti�ne, �s well �s re�t�uneration ��ic! to additian�l employees or inclep�ndent contractors you hire. (4} Transportation and aCcatY�modation expense incurred hy your employees. (5) Rental expense i�7curr� for terT�p�rary locations used ko siore recal(ed prociucts. (6) Expense incurred to properiy dispose of recalled products, i'neludir� pack�►ging that cannnt be reus�d. (7) Tr�nsportatic�n ex�er�s�s incurre,d to repl�►oe r�c�lled �roducts. (8j f�apairing, redistribufinc� or repl�cir� covered rec�lled products witli like products nr substitutes, not to exceed your aric�inal cast of iYianufacturing, processing, acquisitior� ancUor dstribu6on. These expenses must tae incurred as a result of a"praduct recall". CG 71 52 43 '11 1�7cludes copyrightecl material of Insurance Services Oifice, Inc., with its permission. Page 15 df 15 0�0� 05-3-0-2p11 POLICY NUMBER: �3 � 31 E�'G �'I CG 7� 64 Q1 07 �CIMMEFtCIAL. GENERAL LIABILIT'� �UPPLEMENTAL QECLAF2AT1{�N� - l�DDITIC}NAL INSU6�Ep� ' POLICY NUMC�ER: 85316257 CG 70 96 'f '1 03 TWI� �NC►O�S�MENT Gf�ANGE� TME POLICY. PL�ASI� �EAd IT CAREFULLY. F'F�IIVIARY A�L�ITIaNAL INSUREQ AMENDATC�RIf EIVL7UR�E(VIEI`JT ' This enc�orsement modifies insiirance �rnvidecl under the following: COMMERCIAL G�NERAL LIABILII'Y CQVEF�AG� PAFtT SCHEDULE IVame of Person ar Or�at�ization: (if no entry ap�sears above, infarmafi�n require�l ta cnmplete this endorsemer�t will b� shown in the l7�clar�tions a� a�ppli�able to this endorsert�ent.) A. WHO IS AN INSURED (��ciior� II) is amcncl-��-.! to include as an insureci the persan ar orc�aniz�tion shown in the Scheclule, k�ut only with respect to your (iatiility, which n7ay be imputed ta thafi persoi� ar oryaniz�tion clirectly �risinc� out af your angoitic� operatians or premises ownecl by or renteci to you. A person's or ore�aniz�tion"s st�tus �s an adclition�i insured under this endorsenient ends when your aperaiions for that insurecl are completed or your occupar7cy of the premises teritiinates. B. With respect ta insurance provided ta the persan or arganiz�tition shown in the SGheeJule af tliis Endorsemenf, Condition 4. 8ther Insurance is re�lareci by the following: 4. Other Insurance If other valici and collectilale insuranc� is av�ilak�le for a lass we cover unci�r Goverages A and B of this Coverage Part, our abligatinns are lii7�ited as follaws: a. Primary Insurai�ce Ttiis insurarice is prir�7ary and w� will not seek contribution fron7 other insurance available to tlie person ar argar�ization shown in the Sohedute of this er�darseit�ent excopt when b. kaelow applias. b. ExGe�s Insuwa��ce Tl�is insuranc� is excess over: (1j P;ny of the other ins��rance, w{iether nr�mary, excess, continc�ent or on any other basis: {a) Tl�at is Fire, E�encled Caver�ge; [3.uilder's �,isk; Instaliation (�isk or similar covarac�e for "your wor{<"; (t�} Iliat is F-ire in5ura��ce 1or premises ret7tee! to you or teinporarily accupied by you wittt pertnissiori af tl�� owner; (c} Tf�at is irtsurance �urchased uy you ta cover your liability as 1 tenani for „pr�(�erty darna�P" tc� �+rei�nises rented to you or tem�ararily occu�ied by yau with permission of tlie owner: or (d) If the lass arises out of th� maii�tenanc� ar use of �ircraft, "autos" or watercraft to the extent not sut�ject to Exclusion g, of Section I- Coverac�e R- Boclily Inj��ry �nei Properry Da�t�ac�e Lia�ility. CG 7!i 96 11 03 Incl�ac�es copyrighteci material af fnsurance Services Office, tnc., with its permission. Page 'i o� 2 CG 70 �J6 '1 '1 43 When thi� in�urane� iu exco��; we will hc�ve na duty uncler Covera�es a or B to defend the insured ac�ainst �ny "suit" if any other insurer has a duiy to ciefend the insured ac�air�st that "suit". If no other insurer defends, we will unclertal<e to do so, b��t ws will be entitied to tl7e insured's rights ag�inst �iU Ihvsc� utlier in5urers. Wc will �harc thc remuining la��, if any, with any ather i►isurance that is not describ�d in this Excess Insurance provision and was not bougl7t s�ecifically to a�ply in excess of the �imits of Insurance shown in fhe Declarations of this Coverage Park. c. Methad af 5haring When this insurance is excess over other insurAnce, we will pay only our share af tl7e ' amount of thP loss, if any, tliat exceeds tlte st�t�i of: (1) The total amount that all s�acti other insurance would pay for the lass in the ak�sence of this insurance; and (2} The tot�l of all deductilile and self-insur�d amoun#s under all that otl��r insur�nce. If all af the other irlsurance perinits corrtribution uy equa) shares, we will foliow this metiiad also, Unc1�r this�a�proacl� e��I� ins��rer coritributes equal ai�iaunts until it has paid its a��lic�le lirnit of insurc�tice ar none of ti�e loss ret�iains; wliichever coires first. if any of tlte other insurance dacs not p�rinit contriaution by equ�l shares, we wi�� conttibiite by li�nits. Under this method, e�.ch in�urers sh�re is b�sed or� tlle r�tio of its applicabf0 limit of insurancs to #he total �p�lic�le Ilrtiits of insura.ncE of all insurers. CC 7p 96 11 0� It7cludes copyric�htecl mZterial of Msi�rance Services Qffice, Itic., with its �ermission. Page 2 af 2 Insarance � WORKERS' COMPENSATION AND EMPLOYERS � 'I LIABILITY INSURANCE POLICY 1,.�, WC420304A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A, of the ' Information Page. ' We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our ' right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. ' The premium for this endorsement is shown in the Schedule. 1. ( } Specific Waiver Name of person or organization Schedule ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERAT IONS 3, Premium The premium charge for this endorsement shall be 2. 00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4, Advance Premium I NCLUDED , SEE I NFORMAT I ON PAGE , This endorsement changes the policy to which it is attached efFective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation oF the policy.) This endorsement, efFective on 5/3 0/2 O 11 at 12:01 A.M. standard time, forms a part of PolicyNo. TSFoo01224685 oftheTexasMutuallnsuranceCompany ' ISSU2d to ATKINS BROS . EQUIPMENT CO. INC Premium $ /'C v'" r �� Authorized Representative WC420304A �ED. 1-01-2000) PO�ICY NUMBER: 85316257 THIS END��EMENT �HAN(s'ES THE PC}LICY. PL6ASE READ 1T CAREFIJ�LY. �USINESS AUTCJ ULTRA ENDC}RSEMENT This endorsemEnt modifies insurance provi�-led undEr the fallowiiic�c 6USINESS AUTO C�VEf�AGE F��M GOVERAGE INDEX Ctescriptio n iCMPORARY SUBSTITUTE AUT� PNY5I�AL �AMA�� BR4AD FORM INSURED ' EMPLCyYEGS AS INSUR�L?S ADDIiIt�NAL IN�Ui�ED STATUS BY �{�NTRACT, AGREEIUIENi' �9R PERMIT AMENDED FELL�W �MPLOYEE EXCLI��IQN Tt'3WING AND LA130R PHYSE�AL DAMA�E ADDITIONAL T�ANS�C�FTATIaN �X�EN�� C�I��RA�E EXTRA EXPENSE - T�I�FT RENTAL F2EIMBURSEMENi AN[J AaDlTIONAL TRAfVSPQRTATIC�N ��(PENSE PERSONAL �F�ECiS �dVERAG� AUD�IQ, VISI�Al ANQ DATA ELECTR4N1� EQUIPMENT �OVERA�� RIRB/�c3 ACCIL�ENTAL DISCf=1ARG� AUTO L+�ANILEA�E Tt�TAL LCi�� R�aT��TIQN ENt70i��ElUIENT �LaSS REPAIR — DEI�I�CTIBLE ANIENDMEIVT AMCND�[7 �1�TIES lN THE EV�NT �(= AC�1l7�NT, C�AIIVI, SUII` QR LC�SS WAIVER dF SU�Rt�GAT14N �E�UIRED �Y �C�NTRA�T UtVINTEiVTIQNAL FAILUR� Tt? I?ISGL�SE HIRED, LCASGD, FiENT�D OR [3C�RRtJVilEb AUTCJ I'HY'Si�AL DAIVIAGE EXT�ND�D �AN��LLA'f1�3N C+�NbITpQN Page � 1 2 2 � � � 3 3 4 4 � �. � � 5 � 5 6 The COUERAGE INDEX set farth above is informational only and gratits r7o coverage. Terms set forth in (Bold l�aticsj are likewise far infarm�tion only ariei by tl�emselves �liall be deemecl to grant no coverage. A, TCiVit'C?RARY Sl1Ei5'Ti'fUiE AUiC> PHYSlCAL �AMAGE SECTIt�N I— Ct�U�RED AU1'OS; p�ragraph C. Certain TraiMers, Niobi�e �quipment �nd Tennpor�ry Substiture Autos is 1ii�enciec! by addin� tF�e fallowinc� at the er�d of the existinr� lanyuage: If Physical D�mage Coverage is proviclecl ��nder this Coverac,�. e fonn for an "auto" you own, tl�e C'hysic�l Da��7age coverages provided for that owned "auto" are extendeci to any "auto° you da not own while ��sed with the perrliission of its own�r as a t�mporary sut�stitute for ihe coverecl "auto° you own tf�at is out af service bec.aus� vf its ureal<down, r�pair, seiviciix�, "luss", or destruction. GA 71 09 d1 OG B. �IiG7AC�ENED L.IABI�ITY COVERAG�S SECTit7N II — LIA�ILITY' COVERAGE in Par�graph A. Covera�� at 'i. Who Is A�t Ir�sured is ameneied ta inclucle tl�e following: {Br'+a��' Fc�rr�a tnsc�redj d. Any lec�aliy ii�carporatc-�! subsieliary in whicki �rou awt7 h7are tl�an 50% of tf�e voting stack oti the effective date of tf�e Caverage Form. However, the N��neci It7s�irecf cines nat ihclude any subsidiary that is an "insureci" under any ather autot7iobile j30IIGY or would kae an "insuceci" under such a policy but far its tern�ination or tl�e exliaustion of its Limit of Insurance. Includes Copyrighted material of Insurznce 5ervices Office, Inc., with its permission. Page 1 of 6 CA 7'I 0� U'1 06 CA 7'I 0� 0'I U6 �. Any organization that is acc�uireci or fonned by yau, �lurin� llie tenn o( lltis Nolic:y �ric1 �ver vvfiicli you maintain majority owi�ership. I-lowever, the hlamed Insured cloes not ii�clude any newly #armed or ac�uired orc�anization. (1} That is a joint venture or p�rtnership, (2} Th�t is �� "insureci" �inder �ny atiier policy, (�) That I7�s exhausted its Limit of Insurance under any other palicy, or (4) 180 days or more after its acquisitian or farm�tion l�y you, unless you 17ave given us notice of th� ac�uisiti�n or formation. Coverage does not 1pply to "bodily itijury" or "�roperty damage" that results fron7 an accident that or_CUt'I'eCl fapfore you f�nned �r ar�uirErl the arganiz�tion. (Ernp(ayee as t��scjreds) f. Any etn{�loyee af yours while actinc� in the course of your business or your personal affairs while using a covered "auto" yau dn not own; hire nr borrow: (Acit�ifior�al /rtsr►red Sfaius by Co�tir�cf, A�reetrtent ar Perritit) g, Any p�rsan or orc��nization wl�am you �re required' ta add �s at� �dditiorial insurecf or1 fliis palicy ut�der �t writt�n contract or actreement: but th� wriit�:n contrs�ci ar a�reem�nt must lae: (1} Currently in effect or becoit�ing effeotive d�arii�g 1he tcrm of thiw paiicy, �nd (2) Cx�cYitcd priar to the "bociily injury" or "pro�erty damage". Tl�e additian�l insureci status will ap�ly only with respect to your lial�ility for "hadily injury„ or "�ro��erty dai�tage'` which may k�e imputed to tltiat person(s) or or�anization(s) ciirectly arisinc� at�t of tf7� ouvners(�iE3, mainter�ance or �ase of the cnvereei "autos'" at tlie lacation(�) designatecl, it any. Coverag� provielec! by tl�is ei�dorsem�rii will not exceed tl7e limits oi li�bility requirecl by the written contract ar written agrePit�ent even if the limits of liaf�ility st�#ed in tl�e �olicy exue�cf tl�ose li�ttits, This ci�dorse�tnent sl�all not incr�ase the limits st�teci in Section II, C. Limits oF Insurarice. F�r any covered "auto" you owti this Coverac�e Form provides priiiSary covera�e� C. AMENDEI� FELLOW EMPLOYEE EXCLU5ION Only with res��ect to your "employees" who occupy �osiiions which �re s��pervisory in naiure, S�CTION il. LIABILITY B. Excl��si+�n 5. Fellow Empl�yc�e is replaced by: 5. Feliow �mployee „Baclil y Injury,: : (�} To you, or your partners or menibers {if you are a partnership or joint vent�irej, or to your met�ibers (if you are a limited liability campanY); (b) To ypur "ex�cutive afficers` and ciir�ctors (if you are an orgariizatian other than a partrr�rsfiip, joint venture, or limited li�hility campany} but o�ily wirh respect to perforrilar�ce of their duties as your olfiicers or dir�ctars; (c} For which there is �n q�ligation ta share damayes with or repay sameone els� wi7o inust pay dama�es k�eca�is� of tlie injury descrit�eci in paragraph a anci b�bove, or {d) Arising out of I�is or her providiii� or f�iling to pra�iele professianal he�ltl7 c�re �ervices. Far purposes of this endor5ement, a posifion is de��ned to k�e supervisory in t��ture if thafi �erson ��rfanns �rii�cipl� wurk wl7iah is subst�nti�py diifer�nt iram ih�i af lais or her subordinafes anc� f�as ar�thoriiy to hire, transf�r, clirect, discipline or diseh�r�e. D. BROADENEQ PHYaICAL DAMAGE COVERAG�S SEGTIOtJ III — I'HYSIGAL [?AMAGE Ct3VE�AGE Caverac�e is ameneiec! as follows: {FOWJ�IG ANl7 L�IBt�R j 2. 9'vvuing and Labvr We will pay tr�wing and labor costs incurrecl, up ta tl�e liini#s sh�wn h�lnw, Par.h iimP a c:�vPrpci "�tit�" cla5sifi�el and ratecl as a private p�sser7�er type, "light tri�ck" or "inedir.nti truck" is disal�led: (a} Fur �riva�� a5seri�er lype v�hicles vr "ii�hl trucks° we will �ay up to �75 per disal�IeiY�ent, "Light trucks" have a grass vpMi�lp wPir�ht (C�VW) nf t�,�()fi ��ian�lG or less. CA 71 09 Q1 QG Includes Copyrighted material of Insuranee 5ervices Office, Inc., with its permission. Page 2 of 6 CA 7'I 0� U'1 06 (bj For "i��edium trucks" we will pay up to $150 per clisablemenL "Meciium trucl�s" have a gross vehicle weic�ftt (GVW) of 10,Op1 Ibs. to 20,000 pouncis. However, tlie labor must be perfanneci a� the place of ciisak�lemer�t. (PHYSlCi44 CIAMAGE AL7t7fTfOlU,4t� TRAtdSAdRTATldhl �EXPEN�E CDVERAGE) 4. Coveragg Extensi ans a. Transportation Expense is amended to pravide the fallawir7� limits: We will pay up to $5Q p�r day ta a rtiaxi�t�um of $1,000. All other terms and provisions of tliis section remairi applicable. �EXTRA EXPENSE - THEFT) The followinc� lanc�uu�e is �dclecl to 4. �overat�e Extensiot�s: c. Theffi Recovery �xpe�nse If you have purchasee! Comprehensive CovEr�ge on an "auto" ti�at is stole�7, we wil( pay the expense of r�turniix� that stalen auto to yo�. The limit far this cov�ra�e extensioi� is $5,000. (RENTAL RElN/BCTRSEMENT AlVD �4L}E?ITIONAL TF?RNSt'CJRTAi"/Cahf EXPENS�) d. RentaJ Reimbursement Ws will provide Hental Hein7bursei7�ei�t ar�d Additional Cxpense coverage only for tliase Physic�l Dama�e cover��es for which �. prcrniutri i:, uhown in thc C7eclaratian� or scl7ecfule pages. Coverage applies only to a covered "auto" of the private passenger or lic�ht truck (10,OOn Ibs, or less c�rass vehicle weiql�t) type for which Physic�l L7ainage caverayes �pply. (1j We will pay for �uto rental expense anc� fl�� exper�se incurred by you beca�ase af "loss" to remove and tr�nsfer .your mater�i�ls and ec�uipment from a covered "a�ito" to a cuveree� "autu." Payineril ap�lies iii ��ciclilion to the atherwise applia�le caverage you h�tve ori a cavered "�uto." No deductible applies to tl�is coveraqe. (2) We will pay only for expenses incur•reci c�uriric� Uie ��lic;y ��riocl �ri�J l�e�iririi�iy 24 hours after the ``loss�' and ending, regardless of the policy's expiration, with the lesser of the followinc� number of ciays: (a) Tl�e nuittk�er of elays re�sanat�ly xec�i�ired to rep�ir ar i�eplace the coveree! "�uto." If "loss" is c�used by theft, this number of days is added to tl�e nui��ber of clays it takes to locate the cavered "auto" and return it to you, or (q} 30 days. (3} Our payment is limited ta the lesser of the � fallowirtg amounts: (a) Necessary and act��al expenses incurr�; �r (fa} $35 per day. ic} This covera�e d�e5 n�t apply vvhile tl�ere are spare or reserve "autos" available to you for your oper�tions, (d} I# "loss" resufts troin tl�e tot�I ti»tt ot a covered "auta'' of the private passeng�r or lic�l7t t��uck ty�e; we will pay untler this covera�a o�71y that amnunt of your rental reimbursement expense wl7ich is not alre�dy provided for uncler th� SEGTIt�N III — F'WYSI�AL DAM�GE Gi�VERtaCE, A. Coverage, 4. Coverage �xtensians, a. Transportafian Expens�s. {P�RSaIVAL EFFEGTa CQll�RAG€j �. Person�l Effects If yau have purci�ased Co�nprehensive Coverage on il�is policy far a�� `'auta" you own and that "auto" is stolen, we will �ay, withaut ap�slica#ion of a cled�iciik�le, up ta $500 for Per�anal Effects stalen witl� tlie °��to". 1-he insurance providecl under this nrovision is excess over any otlier coliscii�ile "rnsurance. For this coverac�. e extension, t'er�sonal Effects means tangible {�ro�erty tl�at is worn or carried l�y ��n "insurcd", PEr�onal Effects does not include toals, jewelry, guns, irn�sic�l instruments, maney; or securifiies. CA 71 U9 a1 OG Ir7cludes Copyrighted matprial of Insur�nce 5ervices Office, Inc., with its �ermission. Page 3 of 6 CA 71 0� U'I 06 raur�'o, vrsu�r �t�o fl�ra Ec,EcrRc�Nic� eQ��Pnnenrr �ov�R��e� (L7ele�iort of Audia Visc�ai Eqr�iprnertt Exclusiort) f. Audio, Vrsual and Data Electronic Equipmenk Coverage. We will pay for "lo�s" to any electronic equipmPrtt thafi receives or tra�7sn7its aueiio, visual or clatA sic�nals anci that is nat clesignecl solely for the reproduction of sound. This covera�e applies only if the equipment is permaiiently installed in a covered "�uto" at the time of the "loss" or the �quiprnent is removaUl� from z housing unit which is pem�anently installed in a coverec! "�tuto" at the time of the "loss", and such equi�ment is designed to be solely operated by u5e of the power from tlie "�utds" electrical system; in or upon the covereci "auto." (1 } Wc will pay with re�pect to � covered "a�ato" for "loss" to �ny accessaries iased witi7 the alectronic ec�uipment described �bove. However, this daes not incl�icle ta�aes, records or discs. (2j In additian to ilie exclusions that apply to Physical Damac�e Coverage with exceptioyi of the exclusion relatir�g to audio, visual ar�d data electranic equiptnerit, tl�e followir�g exclusions also apply: (3j We will nat pay #or any electronic equipment or acc�sso�ies used witit $ucli �lectronic �quipment tl7at are; (a) Necess�ry for tfie nannal operation of the covered "auto" for the manitpring of the covered "�uto's" operating system; or {b) Botli: An intec�ral part of ti�e same unit housing ar�y sounc! re�roclucing ec�uipment designed salely for tlie re�roc�ucin� of sniaiul if the sound re�rocfucing equiE�i77ent is permanent}y installed in the covered "`auto"; and Perinanently installeci i�7 the openinc� af th� dash or console norm�lly useel by the manufacturer for tl�e installation of a radio. (4) With respect to this coverage, the ii�ost we wiil p�ry� fcar �II "1u55" of auc�i�. visudl vr c��ila elecironic ec�uipment and any accessories useci with this ec�uip►nent as a resu(t of aiiy one `'accidenY' is tl�e iesser of: (a) The actual cash value afi the ciair��c�e� or stolen pro�er�ky as of the time of the "foss"; (!�) The cosfi of repriiring or replacirx,� the damaged or stolen property with other praperky of lilze kind and qu�lity; or $1,n00; minus a cieduetible of $100. An adjustment for ciepreciation and physical conditian will be made in d�ter�nining actual cash value at the time of loss, If � rep�ir or replacei7�Ent results in l�etter than lil;e kind ar c{u�lity, we will nat pay for tlte amounfi af tl7e bett�riy�ent. If ttiere is otl7er coverage providecl for audio, visual and data eleciranic equipment, the coverage providec! herein is excess over any otli�r cc�0ertiLil� insurarrcp: (�41R8`AG AGCIC}Et1iTAL DISCHAR�E) G1. �ECT10N III — RWY5ICA� DPiMAGE COVEF2I�GE, B. Ex�lr�siaris is ait�endec! zs fallaws: Tl�e #ollowinc� langu�c�e is arlded to Exelusion 3.: If you ilave puechased Gomprel7er��iue or Collision Coverac�e �irider fliis policy, this exclusior7 dnes not apply to iiiechanical breakdown relating to the Zceidental discl7�►r�e of an �ir f�ag. This coverage npplies only ta a covered a�ato you own and is excess of any otlier collectible insurance or warranty, No decluctible applies to this coverac�e. E. AUTO LQANIL�AS� TC�TAL t,i}SS PRC}T�CTlON S�EGTI�fN 111 — PI-IY�I�'A�L D�1��IAGE C4V�RAG�� — G. Limit af Insurartce is amenci�rl by adding t17� folldwinc� Izi�g��c�e; 4, In the event af � tot.al "loss" #o a covered `'aut.o" sfiown in the Schedule payes, sut�ject �t the tirt�e of the ''loss" to a(oar� or le�se, we will pay any unpaid r�rnount daio on �kfto kcacc or lonn for a covcrcc! "auto" less: CA 71 d9 �1 Q6 Includes Copyri�hted material df Insiarance Services Office, Inc., with its permissian. Page 4 of 6 CA 71 09 C)'I Q6 a. 71ie amount paid under the (�hysical Damag� Coverage Section oi the �olicy; and b. Any: (1j Overdue lease / loan p�yn7ents at the time of the "lass": {2) Financial pei��ities impased uneler a lease for exc�ssive �ase, abnarm�l wear and iear or high mileage; (3j Security deposits not returneci by tltE lessor; (4) Costs for ��nded warranties, Creclit Life Insurance, Health, Accident or Disability Insurance purr.hAsed with the loan or lease; and (5) Carry-over balanccs froi7� previous (aa�is ar IP.A.�^.P.S. (GLASS REPA(R — DEDUCTIBLE AMENDMENT} Uncier D., Deductible �s amencled by �ddmc� the followinc�; �ln� �JPriiir.tihlP sfinwn in tha nPcilarations as applicable ta the covered "auto" will not apply to c�lass I�re�lt�tgs if tlte elait7ageci gla�s is re�airecl; ratf�er t!}an replac�cl. F. AMENCJED DUTIES IN THE EVENi 4F AG�IL�ENT, CLAIM, SUIT C?R �OS� Under �uEGTION IV — BUSINESS AUTO CON[31TI4NS, Subs�ctioia A., Loss Conditio��s , the followitig is acicied to paragraph 2. Duties In ihe �vent ofi Accider�fi, Suifi ar Loss: d. Itnowledge of any "accident," "claim," "suit'' or `�IVS5" WIII �7C l',�CCI}7gC.� ��IIOWICCIIJC (7,j/ yVU W�1CIl nofice of such "acciclent," "claiin,'� "suit" or "loss" has been received by: (�1} You, if you are an inclivid�aal; (2j Any partner or insurance i��anager if yau are a partnership; {3) Ar7 executive officer or insurance i7�anager, if you are � corporatior7; (4} Your members, i��anagers or ii�surance mar�ager, it you are a limited kaUility company; or (5) Your officials, trustees; board memk�ers or insurance m�nager, if you are � not-tor-profit organization. G. WANER 4F SUBRC?GATIQN REQUIRED BY CONTRACT Uncler SEGTIC�N IV, BIJSINESS AUT4 COtJa1TIdNS, A. �oss Gc�ndi#ians 5. 7ra��f�r of Right� af Recovery Agair��t athers ta �Js the followint� I�.nguaye is �cideci: Hows�er, �r�� waivs any riyht5 of rseov�ry we may h�.ue ag�inst tlte �erson or organiz�iion with wl�om ya�a li�ve agre�d in writing in a cantr�act, a�reemet�t or �aprmit; ta provide ir�surance suci7 ns is �fforciec� ur�der tlte F�r�licy to which tl�is �ndors�ment is �tt�cl�ccl. Tiiis provision elaes not ��Sply unless the written contca�t �r written a�reement has been executecl; ar per�ri# fia� 'k�een is�ued, �rit�r to the "bociily injury„ or "prc�perty damage.,, FI, lJNINTENTIONAL FAILl1RE TC:7 dISC�O�SE Und�r SECTI(7N IV — BUSINESS AU'iC� C�NC�iTIC1NS, Subsection B. GeneraM Ga7ditions , the followinc� is added #� 2. Concealtt�nt, Misrepre�entation Or Fraud : Your uni��tentior�al errar in disclosing, or failing to disclUse, any ma�teri�.l fact existinc� at the effec#ive date o# t{Yis Coverage Forrt�, or durin� the policy periad in cannection with any �dditional hazarcis, will not` prejuclicc your ric�hts uncler tliis Cvver�i�e Farm. I. H�R�D, LEAS�I�, RENTEQ Ot� BORR4W�D AU7� PHYSI�AL dAMA�E Und�r SECTIQN IV —�U�IN�SS AUTO C�DNalTIt�NS �. Gen�ral Canditic�ns 5. �fiher Insurance Pa�'ayra�l�'�.b. is ret�laczcl l�y tl�� fe,ll�winy: b. ('1) (=or "Comprehe►7sive" ane! "Collision" Auto Phy�icaJ Dain�ge provicJecl t�y tl7is �t�dorseit�et7f, tlie tollawing are deemed to be co��ered "autos" yau own: (a) Any Covered `"aato" you lease, hire, rent or barrow; �r7e! CA 71 09 01 Q& Includes Copyri�hted material of Insurance Services Office, Inc., with its p�rmission , F'age 5 of 6 GA 71 09 Q� 06 (b) Any Coverecf "auta" hirecl or rented by your „�iit�luyee" uncler � c�nlr�c�l irt llidl individual "ei7iF�loyee's" name, with your pennission, while performiny duties related to the caneiuct of your business. However: any "`�uto" that is leas�d, hirecl, rented or borrowed witl� a driver is not �z coverecl "auto" (2} Limit af Insurance For This �ection {3) This Hirecl Auto Pf�ysical Dait�age coverage is excess auer any otl�er coUectible ins�.irance. {4} Definitions �or Tl�is Section T}ie inost we will p�y for any one "los5" is the I�sser of lhe ivllowinr�: (aj $50,000 per accideiit, ar (b) actual cash uAlue at tl�e time of ►ass, or {cj cost of re��i r. minus a�5Q0 deciuctible. An adjustment for depreciation and pl�ysic�l conditioh will be macle in d�tent�ining �ctua) casl7 value in the ever7t af a tot�l loss. No decluctible applies to "loss" caused by fire ar ligfttnirx�. (a) Coniprel7ensive CavPrage: from any cause except tlie covered "auto's° coliision with anotiier object or the covered "auto's" overh.irn. We will pay giass hreal<�e; `9oss" caused by hitting a bird or animal and, "Iass" caused by falling objects or it�issiles. (ta} C�IliSiurt Guv�ra�e: �:au5ecl uy llie c;vvcre�l "auto's" callisiori with �nother object ar by t{�e cov�r�d "auto'$° �ov�rtwr�i. J. EXTEt�DED �ANCELLAiI ON ��JNQITI4N A. Uncler CANCELLATIQN, of the �UMMQP! Pt3l.iCY CONQI'f101`!S form, item 2.b. is replaced by the following: b. 60 days before the effectiv� date af cancetlation if vae cancel for any other reason CA 71 09 �1 Q6 Includas Copyri�hted material of Insurance Services Uffice, Inc., with its permission. Page 6 of 6 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARDCONSTRUCT[ON SPEC[FICATION DOCUMENTS , Revision: December21,2012 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1— Definitions and Terminology ..........................................................................................................1 ' 1.01 Defined Terms ............................................................................................................................... l 1.02 Terminology ..................................................................................................................................6 Article2— Preliminary Matters ......................................................................................................................... 7 2.01 Copies of Documents ....................................................................................................................7 2.02 Commencement of Contract Time; Notice to Proceed ................................................................ 7 2.03 Starting the Worlc .......................................................................................................................... 8 2.04 Befoi•e Starting Construction ........................................................................................................ 8 2.05 Preconstruction Conference .......................................................................................................... 8 2.06 Public Meeting .............................................................................................................................. 8 2.07 Initial Acceptance of Schedules .................................................................................................... 8 Article 3— Conti•act Documents: Intent, Amending, Reuse ............................................................................ 8 3 . O 1 Intent .. . . . . .. . . . . . . . . . . . . . . . .. . .. . .. . . . .. . . . . . . . . . . . . . . . . .. . .. . . . . . . . ... .. . .... . . . . . . . . . . ... . .. . . .. . . . . . . . . . ... . . .. .. . . . . .. . . . . . . . .. . . . . . . . . . . . .. . . 8 3.02 Reference Standards ...................................................................................................................... 9 3.03 Reporting and Resolving Discrepancies ....................................................................................... 9 3.04 Amending and Supplementing Contract Documents .................................................................10 3.05 Reuse of Documents ...................................................................................................................10 3.06 Electronic Data ............................................................................................................................ l l Article 4— Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points ........................................................................................................... l l 4.01 Availability of Lands ..................................................................................................................11 4.02 Subsurface and Physical Conditions ..........................................................................................12 4.03 Differing Subsurface or Physical Conditions .............................................................................12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 4.06 Hazardous Environmental Condition at Site ..............................................................................14 Article 5— Bonds and Insurance .....................................................................................................................16 5.01 Licensed Sureties and Insurers ...................................................................................................16 5.02 Performance, Payment, and Maintenance Bonds .......................................................................16 5.03 Certificates of Insurance .............................................................................................................16 5.04 Contractor's Insurance ................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace ...........................................................19 Article 6 — Contractor's Responsibilities ........................................................................................................19 6.01 Supervision and Super•intendence ...............................................................................................19 CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: December21,2012 6.02 6.03 6.04 6.05 6.06 6.07 6.08 6.09 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 Labor; Worlcing Hours ................................................................................................................20 Services, Materials, and Equipment ........................................................................................... 20 ProjectSchedule ..........................................................................................................................21 Substitutes and "Or-Equals" ....................................................................................................... 21 Concerning Subcontractors, Suppliers, and Others ....................................................................24 WageRates ..................................................................................................................................25 Patent Fees and Royalties ........................................................................................................... 26 Permitsand Utilities ....................................................................................................................27 Lawsand Regulations ................................................................................................................. 27 Taxes...........................................................................................................................................28 Use of Site and Other Areas ....................................................................................................... 28 RecordDocuments ......................................................................................................................29 Safetyand Protection .................................................................................................................. 29 SafetyRepresentative ..................................................................................................................30 Hazard Communication Progi•ams .............................................................................................30 Emergencies and/or Rectification ............................................................................................... 30 Submittals.................................................................................................................................... 31 Continuingthe Worlc ................................................................................................................... 32 Contractor's General Warranty and Guarantee ..........................................................................32 Indemniiication......................................................................................................................... 33 Delegation of Professional Design Services .............................................................................. 34 Rightto Audit .............................................................................................................................. 34 Nondiscrimination... .......... .................. ......... ......... ....... ........... .................. ...... .................... ........ 3 5 Article7- Other Worlc at the Site ................................................................................................................... 35 7.01 Related Worlc at Site ................................................................................................................... 35 7.02 Coordination ................................................................................................................................36 Ai�ticle 8- City's Responsibilities ................................................................................................................... 36 8.01 Communications to Contractor ...................................................................................................36 8.02 Furnish Data ................................................................................................................................36 8.03 Pay When Due ............................................................................................................................36 8.04 Lands and Easements; Reports and Tests ...................................................................................36 8.05 Change Orders .............................................................................................................................36 8.06 Inspections, Tests, and Approvals .............................................................................................. 36 8.07 Limitations on City's Responsibilities ....................................................................................... 37 8.08 Undisclosed Hazardous Environmental Condition ....................................................................37 8.09 Compliance with Safety Program ...............................................................................................37 Ai�ticle 9- City's Observation Status During Construction ............................................................ 9.01 City's Project Representative ...................................................................................... 9.02 Visits to Site ................................................................................................................. 9.03 Authorized Variations in Worlc ................................................................................... 9.04 Rejecting Defective Worlc ........................................................................................... 9.05 Determinations for Woric Performed ........................................................................... 9.06 Decisions on Requirements of Contract Documents and Acceptability of Worlc...... � ...... 37 ...... 37 ...... 37 ...... 3 8 ...... 3 8 ......38 ,..... 38 CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: December21,2012 Article 10 - Changes in the Worlc; Claims; Extra Worlc ................................................................................ 38 10.01 Authorized Changes in the Worlc ............................................................................................... 38 10.02 Unauthorized Changes in the Worlc ........................................................................................... 39 10.03 Execution of Change Orders .......................................................................................................39 10.04 Extra Worlc .................................................................................................................................. 39 10.05 Notification to Surety ..................................................................................................................39 10.06 Conh�act Claims Process ............................................................................................................. 40 Article 11 - Cost of the Work; Allowances; Unit Price Worlc; Plans Quantity Measurement ...................... 41 11.01 Cost of the Worlc ......................................................................................................................... 41 ' 11.02 Allowances .................................................................................................................................. 43 11.03 Unit Price Worlc .......................................................................................................................... 44 11.04 Plans Quantity Measurement ......................................................................................................45 Article 12 - Change of Contract Price; Change of Contract Time .................................................................46 12.01 Change of Contract Price ............................................................................................................ 46 12.02 Change of Contract Time ............................................................................................................47 12.03 Delays ..........................................................................................................................................47 Article 13 - Tests and Inspections; Coi7ection, Removal or Acceptance of Defective Worlc ......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Worlc ........................................................................................................................... 48 13.03 Tests and Inspections .................................................................................................................. 48 13.04 Uncovering Worlc ........................................................................................................................49 13.05 City May Stop the Worlc .............................................................................................................49 13.06 Coirection or Removal of Defective Worlc ................................................................................ 50 13.07 Correction Period ........................................................................................................................ 50 13.08 Acceptance of Defective Worlc ................................................................................................... 51 13.09 City May Correct Defective Worlc ............................................................................................. 51 Article 14 - Payments to Contractor and Completion .................................................................................... 52 14.01 Schedule of Values ...................................................................................................................... 52 14.02 Progress Payments ...................................................................................................................... 52 14.03 Contractor's Wai7anty of Title ...................................................................................................54 14.04 Partial Utilization ........................................................................................................................ 55 14.05 FinalInspection ...........................................................................................................................55 14.06 Fina1 Acceptance .........................................................................................................................55 14.07 Final Payment .............................................................................................................................. 56 14.08 Final Completion Delayed and Partial Retainage Release ........................................................ 56 14.09 Waiver of Claims ........................................................................................................................ 57 i Article 15 Sus ension of Work and Termmation 57 - P ........................................................................................ 15.01 City May Suspend Work ............................................................................................................. 57 15.02 City May Terminate for Cause ................................................................................................... 58 ii 15.03 City May Terminate For Convenience .......................................................................................60 , Article 16 - Dispute Resolution ...................................................................................................................... 61 ' 16.01 Methods and Procedures ............................................................................................................. 61 � CITY OF FORT WORTH STANDARDCONSTRUCT[ON SPECIP[CATION DOCUMENTS Revision: December21,2012 Article17 — Miscellaneous .............................................................................................................................. 62 17.01 Giving Notice .............................................................................................................................. 62 17.02 Computation of Times ................................................................................................................ 62 17.03 Cumulative Remedies ................................................................................................................. 62 17.04 Suivival of Obligations ............................................................................................................... 63 17.05 Headings ......................................................................................................................................63 CITY OF FORT WORTH STANDARD CONSTRUCT[ON SPEC[FICATION DOCUMENTS Revision: December21,2012 00 �z oo - i GENERAL CONDITIONS Page 1 of 63 ' ARTICLE 1— DEFINITIONS AND TERMINOLOGY � 1.01 Definecl Te�°ms 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 letteis in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or foi�rns. 1. Adclenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The foi�rn acceptable to City which is to be used by Contractor dur•ing the course of the Work in requesting progress or final payments and which is to be accompanied by such suppoi�ting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is fi•iable or is releasing asbestos fibers into the air above cunent action levels established by the United States Occupational Safety and Health Administration. 5. Ativard — Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed fo��n setting forth the prices for the Worlc to be performed. 7. Bidde��—The individual or entity who submits a Bid directly to City. 8. Bzdding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bic�ding Reqzri��ements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid sectu•ity of acceptable form, if any, and the Bid Foi�rn with any supplements. 10. Bzrsiness Dcry — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. BZ�zzsatit� — City's on-line, electronic document management and collaboration system. 12. Cale�cla�• Day — A day consisting of 24 hours measured fi�om midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCT[ON SPECIFICATION DOCUMENTS Revision: December21.2012 00 �z oo - i GENERAL CONDITIONS Page 2 of 63 13. Chcrnge Or�det�—A document, which is prepared and approved by the City, which is signed by Contractor and City and aiithorizes an addition, deletion, or revision in the Worlc or an adjustment in the Contract Price or the Coniract Time, issued on or after the Effeciive Date of the Agreement. 1�. Ciry— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its govei•ning body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perfoim specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Worlc is to be performed. 15. Czty Attor�ney — The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative, 16. Ciry Coz�ncil - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. Czi�� M�m��ger� — The officially appointed and author•ized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 18. Co�lr��act Clcri»� A demand or assei-tion by City or Contractor seelcing an adjustment of Contract Price or Contract Tiine, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 19. Contract—The entire and integt•ated written document between the City and Contractor concerning the Worlc. The Conh�act contains the Agreement and all Contract Documents and supei•sedes prior negotiations, representations, oz• agreements, whether written or oral. 20. Cont�•acl Docziments—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contr�crct P�°ice—The moneys payable by City to Contractor fo2� coinpletion of the Worlc in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Worlc). 22. Contr�act Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) complete the Worlc so that it is ready for Final Acceptance. 23. Contr•actor�—The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPGCIFICAT[ON DOCUMENTS Revision: December21,2012 00 �2 00 - i GENERAL CONDITIONS Page 3 of 63 25. Damage Clcrims — A demand for money or services arising fi•om the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 26. Day or day — A day, unless otherwise defined, shall mean a Calendar Day. 27. Dzrector of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Wol�th, Texas, or his duly appointed representative, assistant, or agents. 28. Directo�° of Pa�°ks and Commz�niry Se�°vices — The ofiicially appointed Dir•ector of the Parlcs and Community Seivices Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director° of Planning ancl Development — The officially appointed Director of the Planning and Development Department of the City of Fort Woi�th, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Trai�sportation Pirblic Wor•ks — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. Dir�ector of Water• Depa�°tment — The officially appointed Director of the Water Department of the City of Foi�t Wo��th, Texas, or his duly appointed representative, assistant, or agents. 32. D��ativings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Worlc to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agr•eement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engrneer—The licensed pi•ofessional engineer or engineei•ing iirm registered in the State of Texas perfoiming professional services for the City. 35. Ext�°a Wor�k — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra worlc shall be part of the Work. 36. Fielcl Orde�� — A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid fi•om Field Order Allowances incorporated into the Contract by funded worlc type at the time of award. 37. Final Acceptance — The written notice given by the City to the Contractor that the Worlc specified in the Contract Documents has been completed to the satisfaction of the City. � � CITY Or FORT WORTH STANDARD CONSTRUCT[ON SPEC[F[CATION DOCUMENTS Revision: December2l, 2012 00 �z oo - � GENERAL CONDITIONS Page 4 of 63 38. Fznal Inspection — Inspection carried out by the City to verify that the Contractor has compieted the Worlc, and each and every pai�t or appui�tenance thereof, fully, entirely, and in confoimance with the Contract Documents. 39. Gener�al Reclaiir�emet�ts—Sections of Division 1 of the Contract Documents. 40. Hazar�dozrs E�vi��onmental Conclition—The presence at the Site of Asbestos, PCBs, Peh�oleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Haz�n•dozrs Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended fi•om time to time. 42. Lcn-ns and Regarlcrtiorrs—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, aiithorities, and courts having jurisdiction. 43. Liens—Charges, security interests, or encumbrances upon Project fiinds, real propel�ty, or peisonal property. 44. Mcjor Iten� — An Item of woric included in the Contract Doctiments that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 45. Milesione—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Worlc. 46. Notice of A�-vc�r°d—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successfiil Bidder with the conditions precedent listed therein, City will sign and deliver the Ag2•eement. 47. Notice to P�°oceed—A vv�•itten notice given by City to Contractoi• fixing the date on which the Contract Time will commence to rtin and on which Contractor shall start to perform the Worlc specified in Contract Documents. 48. PCBs—Polychlorinated biphenyls. 49. Peh°oleirm—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Falu�enheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fiiel oil, oil sludge, oil refuse, gasoline, lcerosene, and oil mixed with other• non-Hazardous Waste and crude oils. 50. Plans — See definition of Drawings. CITY OF FORT WORTH STANDARDCONSTRUCT[ON SPECIFICATION DOCUMENTS Revision: December21,2012 oo�aoo-i GENERAL CONDITIONS Page 5 of 63 51. Project Schedzile—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 Woi•k within the Contract Time. 52. Project—The Worlc to be performed under the Conti•act Documents. 53. Pi°oject Representatil�e—The authorized representative of the City who will be assigned to the Site. 54. Pzrblic Meeting — An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an infolmed view of the Project. 55. Radroactrve Mate��ial—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 56. Regarlar� Wo��king Hozrr•s — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thi�u Friday (excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or worlcmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedzrle of Szrbmittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Scheclzrle of Valzres—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Worlc and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Worlc is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Worlc, and cei�tain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontr�actor—An individual oz• entity having a direct contract with Contractor or with any other Subconti•actor for the perfolmance of a part of the Worlc at the Site. CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: December2l, 2012 00 �z oo - � GENERAL CONDITIONS Page 6 of 63 63. Szrbmittals—All drawings, diagrams, illusri�ations, schedules, and other data or� information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to iliustrate some portion of the Woric. 64. Szrccessfi�l Bic�der�—The Bidder submitting the lowest and most responsive Bid to whom City malces an Award. 65. Sirper•intenclerrt — The representative of the Contractor who is a�ailable at all times and able to receive instructions from the City and to act for the Contt•actor. 66. Sz�pplen�enta�y Coi�c�itions—That part of the Contract Documents which amends or supplements these General Conditions. 67. Szrpplier—A manufacturer, fabricator, supplier, distributor, materialman, oi� vendor having a direct contract with Contractor or with any Subconh�actor to furnish materials or equipment to be incorporated in the Worlc by Contractor or Subconh•actor. 68. Under�g��ozr�d Facilitres—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanlcs, tunnels, or other such facilities or attachments, and any encasements containing sLich 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 ti�affic or other control systems. 69. Unit Pr�ice YVork—See Paragraph 11.03 of these Genei•al Conditions for definition. 70. Weeltertc� Wor�lzing HoZ�r•s — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. yVor•k—The entire construction oz• the various separately identifiable parts thereof required to be provided under the Contract Documents. Worlc includes and is the result of performing or providing ail labor, services, and documentation necessary to produce such consh•uction including any Change Order or� Field Order, and fiirnishing, installing, and incoiporating all materials and equipment into such constiliction, all as required by the Contract Documents. 72. Wor�king Day — A worlcing day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for conh�act purposes, in which weather or other conditions not under the control of the Contractor wi11 pei•mit the performance of the principal tinit of worlc underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Ter•mr'nology A. The words and terms discussed in Paragraph 1.02.B through E ar•e not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Cer�tain Terms or Ac�jectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS Revision: December2l, 2012 007200- I GENERAL CONDITIONS Page 7 of 63 l. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of lilce effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of lilce effect or import are used to describe an action or determination of City as to the Worlc. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Worlc for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Conti•act Documents (unless there is a specific statement indicating otherwise). C. Defectzve: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not confoim to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Fzrrnish, Install, Perform, Pr•ovic�e: 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 incoiporating in the Worlc including all necessaiy labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-lcnown technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Copies of Doczrments City shall furnish to Conh�actor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 CoJnmencement of Conh�act Time; Notice to Proceed The Contract Time will commence to r•un on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OP FORT WORTH STANDARDCONSTRUCTION SPECIFICA't'ION DOCUMENTS Revision: December2l, 2012 00 72 00 - I GENERAL CONDITIONS Page 8 of 63 2.03 Star•ting the Wo�°k Contractor shall start to perform the Worlc on the date when the Contract Time commences to run. No Worlc shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Befor�e Stcn°ting Constr•uction Baseline Schec�z�les: Submit in accordance with the Contract Documents, and prior to stai-ting the Woz�lc. 2.05 Preconst�°zrction Confei°ence Before any Worlc at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Pziblic Meeting Contractor may not mobilize any equipment, materials or resolirces to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schec�ziles No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICL� 3— CONTRACT DOCUMENTS: INTENT, AM�NDING, REUSE 3.01 Irttent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Docttments to describe a functionally complete project (or part thereo� to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that r•easonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not� specifically called for, at no additional cost to City. C. Clariiications and interpretations of the Contract Documents shall be issued by City. D. The Specifications inay vary in form, fotmat and style. Some Speciiication sections may be wt•itten in varying degrees of streamlined or declat•ative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WOIZTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: December2(,2012 00 72 00 - I GENERAL CONDITIONS Page 9 of 63 section. The Contractor shall not talce advantage of any variation of form, format or style in malcing Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Worlc under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section o7• whether or not the cross referencing is complete. 3.02 Refe��ence Sfanda��ds 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 refer•ence be specific or by implication, shall mean the standard, specification, manual, code, or• Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, fiom those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subconh•actors, any duty or authority to supeivise or direct the performance of the Work or any duty or authority to undertalce responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting ancl Resolving Discrepancies A. Reporting Discrepancies: Contractor's Revietiv of Contr•act Docirments Before Starting Work: Befor•e undertaking each part of the Worlc, Contractor shall car•efully study and compare the Conti•act Documents and check and vei•ify pei-tinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, ei-�•or, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written inte�pretation or clarification from City before proceeding with any Work affected thereby. 2. Contrcrclo��'s Review of Cont��act Docitments DZr�^ing Pe�formance of Work. If, during the perfo�mance of the Worlc, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Conh�act Documents and (a) any applicable Law or Regulation ,(b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly repoi�t it to City in writing. Contractor shall not proceed with the Worlc affected thereby (except in an emergency as required by Paragraph � CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION UOCUMENTS Revision: December2l, 2012 i 007200-t GENERAL CONDITIONS Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, ei7or, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual lcnowledge thereof. B. Resoh�ing Discr�epancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall talce precedence in resolving any conflict, ei-��or, ambiguity, or discrepancy between the provisions of the Contl�act Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incoiporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementaiy Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amencding anc� Sttpplemerrting Contr•act Docziments A. The Contract Documents may be amended to provide for• additions, deletions, and revisions in the Woric or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Worlc not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City's review of a Subinittal (subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Rezrse of Doczrments A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereo� prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CI7'Y OF FORT WORTH S"I'ANDARD CONSTRUC'fION SPECIFICATION DOCUMENTS Revision: December2l, 2012 00 72 00 - 1 GENERA� CONDITIONS Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will suivive final payment, or termination of the Contract. Nothing herein shall preclude Contractor fi•om retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementaiy Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also lcnown as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media foimat of text, data, graphics, or other types are furnished only for the convenience of the receiving pas�ty. Any conclusion or information obtained or derived fi�om such electronic files will be at the user's sole i�isk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party malces no representations as to long tei�rn compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4— AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability ofLands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent sn�uctures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Conh•actor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon t•easonable written request, City shall furnish Contractor with a current statement of r•ecord legal title and legal description of the lands upon which the Worlc is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: December21,2012 00 �a oo - i GENERAL CONDITIONS Page 12 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for consti•uction facilities or stor•age of materials and equipment. 4.02 Szrbszrrface and Physical Conc�itiorrs A. Repoi°ts as�cl Dr•cr�vzngs: The Supplementary Conditions identify: 1. those reports lcnown to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings lcnown to City of physical conditions relating to existing surface or subsurface structi.ires at the Site (except Underground Facilities). B. Li»�rtecl Reliance by Cos�tr�actor� on Technical Dctta Azttho��ized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not malce any Contr•act Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedtu�es of consh•uction to be employed by Contractor, and safety precautions and programs incident thereto; or• 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of ot• conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Diffe��ing SZrbst�� fc�ce or• Physicczl Conclitzons A. Notice: If Contractor believes that any subsurface or physicai condition that is uncovered or revealed eiiher: 1. is of sLich a nature as to establish that any "technical data" on which Contractar� is entitled to rely as provided in Par•agraph 4.02 is mater•ially inaccurate; or 2. is of such a nature as to require a change in the Conh�act Documents; or 3. differs materially fi�om that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially fi�om conditions ordinarily encountered and generally recognized as inherent in worlc of the character provided for in the Contract Documents; CI'I'Y OF FORT WORTH STANDARDCONSTRUC7'[ON SPECIFICATION DOCUMENTS Revision: Dec:ember21,2012 00 �2 00 - i GENERAL CONDITIONS Page 13 of 63 ` then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Worlc in connection therewith (except in an emergency as required by Paragraph 6.17.A), notify City in writing about such condition. B. Possible Price ancl Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time i£ l. Contractor lcnew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contr�act Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Sho�-vn or Inclicatecl.• The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. i•eviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Undergi•ound Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Worlc. B. Not Shotinn or Inclicated.• 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FOI27' WORTH STANDARDCONSTRUCTION SPE:C[F[CATION DOCUMENTS 12evision: Decemlxr21,2012 00 �a oo - i GENERAL CONDITIONS Page l4 of 63 Worlc in connection therewith (except in an emergency as i�equired by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Under•ground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and sei�vice lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Refer�ence Poznts A. City shall provide engineering suiveys to establish reference points for construction, which in City's judgment are necessary to enable Conh�actor to proceed with the Worlc. City will provide constrttction stalces or other customaty method of marlcing to establish line and grades for roadway and utility construction, centerlines and benchmarks for bi7dgework. Contractor shall protect and preserve the established reference points and property monuments, and shali malce no changes or t•elocations. Contractor shall report to City whenever any reference point or propei�ty monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property inonuments not carelessly or willfitlly desh�oyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfiilly destroyed, disturbed, or removed by the Contractor or any of his employees, the fitll cost for i•eplacing such points plus 25% will be chaz•ged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazar•c�orts Envi��onme�t��l Conclition at Site A. Repor�ts ancl Dr�atiaings: The Supplementaiy Conditions identify those reports and drawings lcnown to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Lin�ited Relic�nce by Contr•actor� on Techrrical Data Azrthor�izecl.• Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such repoi�ts and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not malce any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: l. the completeness of such reports and drawings for• Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of C[TY OF FORT WORTH STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS Revision: December 21, 2012 00 �a oo - i GENERAL CONDITIONS Page 15 of G3 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor inteipretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Worlc. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Worlc in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered ; written notice to Contractor: (i) specifying that such condition and any affected area is or has ' been rendered suitable for the resumption of Worlc; or (ii) specifying any special conditions under which such Worlc may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Worlc based on a reasonable belief it is unsafe, or does not agree to resume such Worlc under such special conditions, then City may order the portion of the Worlc that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Worlc performed by City's own forces or others. G. To the ficllest extent per�mitted by Lca�-vs ancl Regtrlations, Conh°actor shall inden�nify ancl holc� harmless City, fr�om and against all ciccims, costs, losses, and damages (inclzccling bzct not limitecl to all fees ancl chai�ges of engineers, ar�chitects, attorneys, and other pr•ofessiorrals and all coirrt or• ar•bitr�ation or othey� dispute resodz�tzon costs) arising oz�t of o�� f°elating to a Hc�zar�clous Envzronn�ental Conclition c��eated by Contr�actor o�� by anyone foi° tivhom Contr•actor is r°esponsible. Nothing in tl�is Paragraph �. 06. G shall obligate Contr�actor to indemnify any individual or entity fi�om ccnd against the conseguences of that indiviclaral's or entit��'s own negligerzce. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICA'I'ION DOCUMENTS ' Revision: December21,2012 00 �a oo - i GENERA� CONDITIONS Page l 6 of 63 ARTICLE 5— BONDS AND INSURANCE 5.01 Licensecl Sza�eties and Insz�r�e�•s All bonds and insurance required by the Contract Documents to be ptu•chased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions, 5.02 Perfor•mance, Paymerrt, a�d Maintenai�ce Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Conh�actor's obligations under the Contract Documents. B. Contractor shall fiu•nish maintenance bonds in an amount equal to the Contract Price as secLu•ity to protect the City against any defects in any poi�tion of the Worlc described in the Contract Documents. Maintenance bonds shall reinain 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 Cei�tificates 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 banla�upt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requuements of Paragraph 5.02.C, Contractoi• shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond �nd surety, both of which shall comply with the requirements of Paragr•aphs 5.01 and 5.02.C. 5.03 Ce�°tificcrtes of Irrszn•crnce Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other• evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insuz•ed" on all liability policies. CITY OP FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: December21,2012 00 �2 00 - i GENERAL CONDITIONS Page l 7 of 63 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certiiicate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance canier 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 worlcers' compensation, all insurers must have a minimum rating of A-: VII in the cunent A. M. Best Key Rating Guide or have reasonably equivalent financial sh�ength and solvency to the satisfaction of Rislc Management. if the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver• of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certiiicates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow foim of the primary coverage. 8. Unless otheitivise stated, all required insur•ance 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 cei-tificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage sha11 be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the wananty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be appr•oved by the City in regards to asset value and stocicholdeis' equity. In CITY OF FORT WORTFt STANDARDCONSTRUCT[ON SPECIFICAT[ON DOCUMENTS Revision: December21,2012 00 �2 00 - i GENERA� CONDITIONS Page 18 of 63 lieu of traditional insurance, alternative coverage maintained tluough insurance pools or rislc retention groups, must also be approved by City. 1 l. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to t•eview the insurance requirements and to malce reasonable adjustments to insurance coverage's and their limits when deemed necessary and piudent by the City based upon changes in stah.itoiy law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may malce any reasonable r•equests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessazy 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 under•writer on any such policies. 14. City shall not be responsible for the di��ect payment of insurance premium costs for Contractor's insurance. 5.04 Cont�•actor•'s Inszn°�n�ce A. Wor�Izer•s Co»�pensation and Employe�•s' Liabzlity. Contr�actor shall ptu�chase and maintain sLich insurance coverage with limits consistent with statutory benefits outlined in the Texas Worlcers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appl•opriate for the Worlc being performed and as will provide pr•otection from claims set foi�th below which may arise out of or result fi�om Contractor's performance of the Woric 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, oz• by anyone for whose acts any of them may be liable: 1. claims undei• woriceis' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injluy, occupational sicicness or disease, or death of Contractor's employees. B. Commei°cial Genei°al Liabiliry. Coverage shall include but not be limited to covering liability (bodily injury oi• pr�operty dainage) arising from: premises/operations, independent contractors, products/completed operations, personal injluy, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Seivices Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDARDCONSTRUC'I'ION SPECIFICAT[ON DOCUMEN"I'S Revision: December21,2012 00 �z oo - i GENERAL CONDITIONS Page l9 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liabzlil��. 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 worlc, 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 Worlc, or by anyone for whose acts any of them may be liable. D. Railroad P��otectzve Liabilit}�. If any of the work or any warranty woi•k is within the limits of ' railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. ' E. Not�cation of Policy Cancellatron: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop worlc until replacement insurance has been procured. There shall be no time credit for days not worlced pursuant to this section. 5.05 Acceptance of I3onds and Insz�r�ance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional infor�rnation in respect of insurance provided as the City may reasonably i•equest. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supe�°vision and Superzntendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention ther•eto and applying such slcills and expertise as may be necessary to perform the Worlc in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of const�uction. CITY OF FORT WORTH STANDARDCONSTRUCT[ON SPECIFICATION DOCUMENTS Revision: December2l, 2012 00 �a oo - i GENERAL CONDITIONS Page 20 of 63 B. At all times during the pr�ogress of the Worlc, Contractor shall assign a competent, Engiish- speaking, Superintendent who shall not be replaced withotrt 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 fi•om the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; Workrng Hotn°s A. Contractor shall provide competent, suitably qualified peisonnel to perform construction as required by the Connact Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required fot• the safety ot• 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 dliring Regular Working Hours. Contractor will not permit the perforinance of Worlc beyond Regular Worlcing Hours or for Weelcend Worlcing Hours without City's written consent (which will not be liru•easonably withheld). Written request (by letter or electronic communication) to perfoz7n Worlc: l. for beyond Regular Worlcing Hours request must be made by noon at least two (2) Business Days prior 2. for Weelcend Worlcing Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Servzces, Mcrter•ials, ancl Eqi�zpment A. Unless othei-wise specified in the Contract Documents, Contractor shall provide and assume fiill responsibility for all seivices, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fiiel, 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 Worlc. B. All materials and equipment incorporated into the Worlc shall be as specified or, if not specified, shail 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 requued by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, lcind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: December21,2012 00 �a oo - i GENERAL CONDITIONS Page 21 of 63 C. All materials and equipment to be incorporated into the Worlc shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 6.04 Pf°oject Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted fi•om time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification O1 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitzrtes and "Oi°-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 lilce, equivalent, or "or-equal" item or no substitution is pei�rnitted, 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 i•eview and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.OS.A.1, a proposed item of material or• equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CONS'i'RUCTION SPEC[F[CATION DOCUMENTS ' Revision: Dece�nber21,2012 00�2oo-i GENERAL CONDITIONS Page 22 of 63 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of per•formance and availability of responsive service; and b. Contractor certifies that, if approved and incoiporated into the Worlc: 1) there will be no incr•ease in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. SubstitZrte Iten�s: a. If in City's sole discretion an itein of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.OS.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient infoi�rnation 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 fi•om 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 seelcs to fiirnish or use. The application shall comply with Section O1 25 00 and: 1) shall certify that the proposed substitl.ite item will: a) perform adequately the fiinctions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the iise of the proposed substitute item will prejudice Contractor's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Dociiments (or in the provisions of any other direct contract with City for other worlc on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARDCONSTRUCTION SPEC[FICATION DOCUMENTS Revision: December21,2012 00 72 00 - I GENERAL CONDITIONS Page 23 of 63 c) whether incorporation or use of the proposed substitute item in connection with the Worlc is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the pi•oposed substitute item from that specified; b) available engineering, sales, maintenance, repair, and replacement seivices; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly fi•om use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Sztbstatute Const�uction Methods o�� P��oceclures: If a specific means, method, technique, sequence, or procedure of constiliction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.OS.A.2. C. Ciry's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.OS.A and 6.OS.B. City may require Contractor to fuinish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or-equal" or substitute wi11 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. Cont�°actor° shall indemnify ancl hold har�mless City ancl anyone di�°ectly o�� indirectly employed by them fr•om and against any czncl all claims, damages, losses and expenses (inclucling attorneys fees) arising out of the use of substitzttec� maier•ials or equipment. E. Czty's Cost Rein�bursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.OS.A.2 and 6.OS.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 malcing changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting fi•om the acceptance of each proposed substitute. F. Contr•actor's Expense: Contractor shall provide all data in support of any pr•oposed substitute or "or-equal" at Contractor's expense. CITY OF FORT WORTH STANDARDCON5TRUCT[ON SPECIFICATION DOCUMENTS Revision: December2l, 2012 00 �2 00 - i GENERAL CONDITIONS Page 24 of 63 G. Cit�� Szrbstitz�te Reii��bz�i°sement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time ExtensioJ�s: No additional time will be granted for substitutions, 6.06 Conce�•ning Szrbcontr�actor•s, Sz�ppliei�s, crrrd Other•s A. Contractor shall perform with his own organization, worlc of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to fiirnish or perform any of the Worlc against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the Lise of certain Subcontractors, Supplieis, or other individuals or entities on the project, and will provide such requuements in the Supplementasy Conditions. D. Nlinoi°zt�� B�tisiness Ente�p�^ise Compliance: Ii is City policy to enstue the full and equitable participation by Minority Business Entezprises (MBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MBE goal, Contractor is required to comply with the intent of the City's MBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, pz•ovide complete and acclu•ate information regarding actual worlc performed by a MBE on the Contract and payment therefor. 2. Contractor will not malce additions, deletions, or substitutions of accepted MBE without written consent of the City. Any unjustified change or deletion shall be a material bt•each of Contract and may result in debarment in accordance with the procedtues outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any boolcs, records, or files in the possession of the Contractor that will substantiate the actual worlc performed by an MBE. Material misrepresentation of any nature will be grounds for termination of the Contract in accordance with Par•agraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. E. Contractoi� shall be fully responsible to City for all acts and omissions of the Subcontractors, Sttppliers, and other individuals or entities performing or furnishing any of the Worlc just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: December21,2012 00 �z oo - i GENERAL CONDITIONS Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall ci•eate any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Worlc of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Worlc shall communicate with City through Contractor. H. All Worlc performed for Contractor by a Subcontractor or Supplier will be puisuant to an appropriate agreement between Contractor and the Subcontr�acto2• or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Dut�� to pay Pr•evailing yVage 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 Subconh�actor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worlcer employed for each calendar day or part of the day that the worlcer 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. Con�plaints of Violaiions and Ciry Deter•�nination of Good Cazrse. 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 detei7nination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occui7�ed. The City sha11 notify in writing the Contractor or Subcontractor and any affected worker of its initial deteimination. 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 deterrriination of the violation. CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: December21,2012 00 �2 00 - i GENERAL CONDITIONS Page 26 of 63 D. Arbitr�crtion Requi�°ed 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 worlcer, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Ai�ticle 224 et seq., Revised Statlrtes) 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 malces its initial determination pui•suant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the l lth day after the date that arbitration is required, a district coui�t shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and awai•d of the arbiti•ator is final and binding on all parties and may be enforced in any cotirt of competent jurisdiction. E. Records to be Nlaintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the worlc, maintain records that show (i) the name and occupation of each worlcer employed by the Contractor in the construction of the Work provided for in tlus Contract; and (ii) the actual per diem wages paid to each worl<er. 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. Pr•ogJ�ess Payments. With each progress payment or payroll period, whichever is less, the Cont�•actor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of � Wcrge Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Sz�bcon/r�crclo�° Compl.icmce. The Contractor shall include in its stibcontracts and/or shall otherwise requir•e all of its Subcontractors to comply with Paragraphs A throligh G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Woric or the incorporation in the Worlc of any invention, design, process, product, or device which is the subject of patent rights or copyrights heid by otheis. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Woric and if, to the actiial lcnowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Faihue of the City to disclose such information does not relieve the Contractor fi�om its obligations to pay for the use of said fees or royalties to others. B. To the fi�llest extenl pe��n�itted by Lcnns anc� Regttlations, Contr�aetor� shcrll indemn� ancl holcl haf°mless City, fi��o»� and ctgainst all clazms, costs, losses, and danzages (inclirding but not limitec� to crll fees ancl charges of ei�gi�eer•s, crrchitects, atto�°neys, and other• pr•ofessionals and crll coZtrt or ai•bitr°ation or� other• dispzrte r�esoli[tion costs) ar�ising oi�t of or� r•elating to any znfi°ingen�ent of patent �°ights or� copyrights incident to the use in the perfor•mance of the Work or r•esidting from CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICAI'ION DOCUMENTS Revision: December21,2012 oo�aoo-i GENERAL CONDITIONS Page 27 of 63 the incorporation zn the Work of any invei�tion, design, p��ocess, product, oi° c�evice not specr'fied in the Conlr�act DocZrments. 6.09 Permzts and Utilities A. Contr•acto�° obtained per•mits ancl licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessaiy, in obtaining such permits and licenses. Contractor shall pay a11 governmental charges and inspection fees necessary for the prosecution of the Worlc which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Worlc. B. City obtczi��ed permits and lzcenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contr•act Documents. It will be the Contractor's responsibility to cat-ry out the provisions of the pezmit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if reqtiiired: 1. Texas Department of Transportation Permits 2. U.S. Army Coips of Engineers Pei�rnits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Pei�rnits C. Oa�tstanding per»�its and licenses. The City anticipates acquisition of and/or access to permits and licenses. Any outstanding peimits and licenses are anticipated to be acquired in accordance with the schedule set foi�th in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws crnd Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations � applicable to the pei•formance of the War•k. 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 per•forms any Worlc knowing or having r•eason to know that it is contrary to Laws or• Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITY OF FORT' WORTH STANDARD CONSTRUCT[ON SPECIFICATION DOCllM�NTS Revision: December21,2012 00 �z oo - i GENERAL CONDITIONS Page 28 oFf>3 court or arbitration or other dispute resolution costs) arising out of or relating to such Worlc. However, it shall not be Conh•actor's responsibility to malce certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not Icnown at the time of opening of Bids having an effect on the cost or time of performance of' the Worlc may be the subject of an adjustment in Contract Pi•ice or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exeinption cei-tificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exeinption certificate issued to the Contractoz• in lieu of the tax shall be subject to and shall comply with the provision of State Compti�oller's Ruling .O1 l, and a�ny other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. http://www.window.state.tx.us/taxinfo/taxforms/93-forms.html 6.12 Use of �Site ancl Other� Aj°eas A. Lin��ztation on Use of Site anc� Other• Ar•eas: 1, Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of worlceis to the Site and other areas permitted by Laws and Regulations, and shall not um•easonably encumber the Site and other areas with constrLiction equipment or other materials or equipment. Contractor shall assume fiill 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 fi•om the performance of the Worlc. 2. At any time when, in the judgment of the City, the Contractor has obstz•ucted or closed or is cai7ying on operations in a poi�tion of a street, right-of-way, or easement greater than is necessary for proper execution of the Woric, the City may require the Contractor to finish the section on which operations are in progress before worlc is commenced on any additional area of the Site. CITY OF FORT WORTH STANDARDCONSTRUCT[ON SPGCIFICATION DOCUMENTS Revision: December21,2012 00 �2 00 - � GENERAL CONDITIONS Page 29 of 63 ' 3. Should any Damage Claim be made by any such owner or occupant because of the perfoimance of the Worlc, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pzrrsirant to Par•agraph 6.21, Contractor shall indemn� and hold ha�°mless Ciry, fi�om and against all claims, costs, losses, and damccges a�°ising out of o�° relating to any cicrim or action, legal o�° equitable, br•ought b}� any si�ch otivner or occz�pant against Ciry. B. Removal of Debr�is Du�°ing Perfor•n�ance of fhe Wor�k: During the progress of the Worlc Contractor shall lceep the Site and other areas free from accumulations of waste materials, �ubbish, 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 unsatisfactoiy to the City, if the Contractor fails to coi7ect the unsatisfactory procedure, the City may talce such direct action as the City deems appropriate to coi-��ect the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for• utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. ; E. Loading Str�zrctar�°es: Contractor shall not load nor permit any part of any structure to be loaded � in any manner that wi11 endanger the structure, nor shall Contractor subject any part of the Worlc or adjacent property to stresses or pressures that will endanger it. 6.13 Reco�°d Doczrments A. Contractot• shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 6.14 Safery and Protection A. Contractor shall be solely responsible for initiating, maintaining and supeivising 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 perfor•mance of their worlc, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OP FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: December21,2012 00 �2 00 - � GENERAL CONDITIONS Page 30 of 63 talce all necessary precautions for the safety of, and shall provide the necessaiy pi•otection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Worlc; 2. all the Worlc 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, wallcs, pavements, roadways, sttuctures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of constiuction. B. Contractor shall comply with all applicable Laws and Regz.ilations 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 ownet•s of adjacent property and of Underground Facilities and other utility owners when prosecution of the Worlc 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 reqliirements of Contractor's safety program, if �ny, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property refen•ed to in Paragraph 6.14.A.2 or 6.14.A.3 caused, duectly or indirectly, in whole or in part, by Cont�actor, any Stibcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Worlc, 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 Worlc shall continue until such time as all the Worlc is completed and City has accepted the Worlc. 6.15 Scrfety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazar•cl Con�mttnication Pf•ogr�anzs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 En7ergencies arrd/oi° Rectificc�tiorr A. In emergencies affecting the safety or protection of persons or the Worlc or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant CITY OF FORT WORTH STANDARD CONSTRUCT[ON SPGCIPICAT[ON DOCUMENTS Revision: December21,2012 00 �a oo - � GENERAL CONDITIONS Page 31 of 63 ' changes in the Worlc or variations fi•om the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change ' ' Order may be issued. B. Should the Contractor fail to respond to a request fi�om the City to rectify any discrepancies, omissions, or coz-rection necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor v�nitten notice that such work or changes are to be perfoi�rned. The written notice shall direct attention to the discrepant condition and r•equest the Conti•actor to take remedial action to correct the condition. In the event the Contractor does not talce positive steps to fulfill this vv�•itten request, or does not show just cause for not talcing the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Szrbmittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragi•aph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the puipose 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 talce 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 puiposes required by Paragraph 6.18.C. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: December21,2012 00 �2 00 - i GENERAL CONDITIONS Page 32 of 63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Worlc performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Cit��'s Revietiv: 1, City will provide timely review of requit•ed 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 incoiporation in the Worlc, con�orm to the infoi�rnation given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expi�essly 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 fi�oin the r•equirements of the Contract Documents unless Contractor has complied with the requirements of Section O1 33 00 and City has given written acceptance of each such vat•iation by specific v�nitten notation thereof incorporated in or accompanying the Sltbmittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 ContznZ�ing the Wos•li Except as otherwise provided, Contractor shall cai7y on the Worlc and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Conh�actor may otherwise agree in vv�•iting. 6.20 Contr�crctor�'s General War��anry and Gucn•antee A. Contractor warrants and guarantees to City that all Worlc will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, pai�tners, employees, agents, consultants, and subcontractois shall be entitled to rely on representation of Contractor's wai-�anty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: December 21, 2012 ' 2. normal wear and tear under normal usage. 007200-1 GENERAL CONDITIONS Page 33 of 63 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 Worlc that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Worlc in accoi•dance with the Contract Documents: 1. obseivations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 7. any coi-�•ection of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other worlc or property resulting therefi�om which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is speciiied and shall furnish a good and sufiicient maintenance bond, complying with the requirements of Article 5.02.B. The City will give notice of obseived defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its of�cers, 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 of�cers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS CITY OF FORT WORTH STANDARDCONSTRUCT[ON SPGCIFICATION DOCUMENTS Revision: December21,2012 oo�aoo-i GENERAL CONDITIONS Page 34 of 63 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED. IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 6.22 Delegation of Pt�ofessional Design Ser•vices 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 Worlc or unless such services are required to cai�y out Contractor's responsibilities for construction means, methods, techniques, sequences and pr�ocedut•es. B. If professional design seivices or certifications by a design professional related to systems, materials or equipment are specifically reqtlired of Contractor by the Contract Documents, City will specify all perfoi�rnance and design criteria that such services must satisfy. Contractor shall cause sltch services or certifications to be provided by a properly licensed professional, whose signati.ire and seal shall appear on all drawings, calculations, specifications, cei�tifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accl►racy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited putpose of checicing for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Azrdrr A. The Contractor agrees that the City sha11, 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 pez-tinent boolcs, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall ha�e access during Regular Worlcing Hours to all necessat•y Contractoi� facilities and shall be provided adequate and appropriate worlc space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor fiu-ther agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City sha11, 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 boolcs, documents, papers, and records of such Subcontractor, involving transactions to the subconiract, and further, that City shall have access dLuing Regula� Worlcing Hours to all CITY OF FORT WORTH STANDARDCONSTRUCTION SPECtFICAT[ON DOCUMENTS Revision: December21,2012 00 �z oo - i GENERAL CONDITIONS Page 35 of 63 Subcontractor facilities, and sha11 be provided adequate and appropriate worlc space in order to conduct audits in compliance with the provisions of this Paragraph. The City sha11 give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subconh•actor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondisct•imination 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 Transpoi�tation 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 amendec�: Contractor shall comply with the requuements of the Act and the Regulations as further defined in the Supplementary Conditions for any proj ect receiving Federal assistance. ARTICLE 7— OTHER WORK AT THE SITE 7.01 Related Wo��k at Site A. City may perfoi�n other worlc related to the Project at the Site with City's employees, oi• other City contractors, or through other direct contracts therefor, or have other worlc performed by utility owners. If such other worlc 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. Contr•actor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other worlc 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 wor•k, and properly coordinate the Worlc with theirs. Contractor shall do all cutting, fitting, and patching of the Worlc 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 woi•lc of others by cutting, excavating, or otherwise altering such worlc; 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 Worl< depends upon worlc performed by others under this Article 7, Contractor shall inspect such other worlc and promptly repoi�t 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 Worlc. Contractor's failure to so repoi�t will constitute an acceptance of such other worlc as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITY OF FORT WOR'I'H STANDARDCONSTRUCT[ON SPECIFICATION DOCUMENTS ' Revision: December21,2012 00 �z oo - � GENERAL CONDITIONS Page 36 of 63 7.02 Coo�°c�ination A. If City intends to contract with others for the performance of other worlc on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractoz•s will be identified; 2. the specific matter•s to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementaiy Conditions, City shall have authority for such coordination. ARTICLE 8 — CITY'S RESPONSIBILITIES 8.01 Co»�n��ar»zcations t�o Conh�•actor• Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Fzu•nish Data City shall timely fiirnish the data requued under the Contract Documents. 8.03 Pay When Dzce City shall malce payments to Contractor in accordance with Article 14. 8.04 Lands anc� Easei��ents; Repor�ts and Tests City's dirties with respect to providing lands and easements and providing engineering suiveys to establish reference points are set forth in Paragraphs �.01 and 4.05. Paragraph 4.02 refers to City's identifying and malcing available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relaiing to existing surface or subsurface stilicttu•es at or contiglious to the Site that have been Lrtilized by City in prepat•ing the Contract Documents. 8.05 Change Or�clers City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Appr•ovals City's r�esponsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH STANDARDCONS'I'RUCTION SPECIFICATION DOCUMENTS Revision: December21,2012 00 �a oo - i GENERAL CONDITIONS Page 37 of 63 �� 8.07 Limitations oi� 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 Worlc. City will not be responsible for Contractor's failure to perform the Woric in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Unclisclosed Hazar•doars Envii°onmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance vvith Safety P��ogyam While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9— CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Pt•oject Representcrtive City will provide one or more Proj ect Representative(s) during the construction pei•iod. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. The Project Representative(s) will be as provided in the Supplementary Conditions. 9.02 Visits to Site A. City's Project Representative will malce visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to obseive the progress that has been made and the quality of the various aspects of Contractor's executed Worlc. Based on information obtained during such visits and obseivations, 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 Worlc. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Worlc will conform generally to the Contract Documents. B. City's Project Representative's visits and obseivations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragr•aph 8.07. ; CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICAT[ON DOCUMENTS Revisio��: December21,2012 00 72 00 - I GENERAL CONDITIONS Page 38 of 63 9.03 Airthorized Vcn��iations in Wor•Iz City's Pt•oject Representative may authorize minor vat•iations in the Worlc from the requirements of the Contract Documents which do not involve an adjustment in the Contract Pi•ice or• the Contract Time and are compatible with the design concept of the completed Project as a fiinctioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Worlc involved promptly. 9.04 Rejecting Defective Wor�k City will have authority to reject Worlc 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 integt•ity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have aLrthority to conduct special inspection or testing of the Worlc as provided in Article 13, whether or not the Worlc is fabricated, installed, or completed. 9.05 Deter�minations for Wo�°k Perfoi^med Contractor will determine the actual qliantities and classifications of Worlc performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recoinmendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accLu•ate data). 9.06 Decisions on ReqZ�ir•ements of Conti°crct Doczrments and Acceptcrbiliry of �Wor�k A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Worlc thereunder. B. City will render a v�n•itten decision on any issue referred. C. City's written decision on the issue referred will be final and binding on the Contractor, sttbject to the provisions of Paragraph 10.06. ARTICLE 10 — CHANGES IN TH� WORK; CLAIMS; EXTRA WORK 10.01 Azrthor�ized Changes rn the Wor^Iz A. Without invalidating the Contract and without notice to any stuety, City may, at any time or fi•om time to time, order Extra Worlc. Upon notice of such Extra Worlc, Contractor shall promptly proceed with the Worlc involved which will be performed under the applicable conditions of the Contract Documents (except as otheitivise specifically provided). Extz•a Work shall be memorialized by a Change Order which may or may not precede an order of Extra worlc. B. For minor changes of Worlc not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: December21,2012 00 �2 00 - i GENERAL CONDITIONS Page 39 of 63 10.02 Una2rtho�°ized Changes in the Wor•Ii Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any worlc performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execz�tion of Change Order�s A. City and Contractor shall execute appropriate Change Orders covering: �� 1. changes in the Woi•k which are: (i) ordered by City pursuant to Paragraph 10.O1.A, (ii) required because of acceptance of defective Worlc under Paragraph 13.08 or City's correction of defective Worlc under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the pai�ties, including any undisputed sum or amount of time for Work actually performed. 10.04 E�lra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the worlc after making written request for written orders and shall lceep accurate account of the actual reasonable cost thereo£ Contract Claims regarding Extra Worlc shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessaiy to enable the City to prepare for permanent record a col7ected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whethei� or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are lcnown, unlcnown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Worlc. 10.05 Not�cation to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited � to, Contract Price or� Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARD CONSTRUCI'ION SPECIPICATION DOCUMENTS Revision: December21,2012 007200-1 GENERAL CONDITIONS Page 40 of 63 10.06 Contracl Claims Pr�ocess A. City's Decision ReqZiii^ed: All Contract Claims, except those waived pursuant to Paragi�aph 14.09, shall be refe�7•ed to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. : � 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party maldng the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days fi•om the star-t of the event giving rise thereto (unless the City allows additional time for Contractor to subinit additional or more acctn•ate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Conh�act Price shall be prepared in accordance with the provisions of Pat•agraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shail be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim sha11 be accompanied by Contr•actor•'s written statement that the adjustment claimed is the entue adjustment to which the Conh�actor believes it is entitlecl as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant's last submittal (unless Contract allows additional time). C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any, talce one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of fiirther resolution of the Contract Claim, such notice shall be deemed a denial. CITY OF FORT WORTEI STANDARD CONSTRUCT[ON SPECIFICAT[ON DOCUMENTS Revision: December21,2012 00 �z ao - i GENERAL CONDITIONS Page 41 of 63 �� D. City's vv�itten action under Pai•agr•aph 10.06.0 will be final and binding, unless City or Contractor involce the dispute resolution procedure set forth in Article 16 within 30 days of such ' action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs Inclzrdec�.• The term Cost of the Worlc means the sum of all costs, except those excluded in Paragraph 11.O1.B, necessarily incun�ed and paid by Contractor in the proper performance of the Work. When the value of any Worlc covered by a Change Ordei•, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Worlc. Such costs shall not include any of the costs itemized in Paragraph 11.O1.B, and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Worlc under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Worlc. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% marlcup, or b. salaries and wages plus the cost of fi•inge benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, worlcers' compensation, health and retirement benefits, bonuses, sicic leave, vacation and holiday pay applicable thereto. The expenses of performing Worlc outside of Regular Working Hours, Weekend Worlcing Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment fuz•nished and incorporated in the Worlc, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented fi�om Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs sha11 be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Worlc. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIF[CAT[ON DOCUMENTS Itevision: December21,2012 00 �a oo -1 GENERAL CONDITIONS Page 42 of 63 4. Payments made by Contractor to Subcontractors for Worlc perfoi�ned by Subcontractors. If requir•ed by City, Contractor shall obtain competitive bids from subcontractoi•s acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subconh�act provides that the Subconh�actor is to be paid on the basis of Cost of the Worlc plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Worlc and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laborator•ies, sur-veyors, attorneys, and accountants) employed for seivices specifically related to the Wor•ic. 6. Supplemental costs including the following: a. The proportion of necessary tt•ansportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Worlc. b. Cost, including transpar-tation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the worlcers, which are consumed in the performance of the Worlc, and cost, less marlcet valiie, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes relaied to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Woric, not compensated by inslu�ance or otherwise, sustained by Contractor in connection with the perfar•mance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Siibcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Worlc for the puipose of determining Contractor's fee. £ The cost of utilities, fiiel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and couriei• seivices, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: Dec:ember21,2012 00 72 00 - I GENERAL CONDITIONS Page 43 of 63 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Ea clz�ded: The tei�rn Cost of the Work shall not include any of the following items: Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediteis, timelceepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Worlc and not specifically included in the agreed upon schedule of job classifications refei7ed to in Paragraph 11.O1.A.1 or specifically covered by Paragraph 11.O1.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's ofiice at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Worlc and charges against Contractor• for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly oi• indirectly - employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Worlc, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any lcind. C. Contractot�'s Fee: When all the Worlc is perfoimed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agt•eement. When the value of any Worlc covered by a Change Order for an adjustment in Contract Price is detei�rnined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.O1.C. D. Doczrmentation: Whenever the Cost of the Work for any purpose is to be detei�rnined pursuant to Paragraphs 11.O1.A and 11.O1.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such peisons or entities as may be acceptable to City. B. Pre-bid Allowances: 1. Contractor agrees that: CITY OF FORT WORTH STANDARD CONSTRUCT[ON SPECIFICATION DOCUMENTS Revision: December2l, 2012 00 �2 00 - i GENERAL CONDITIONS Page 44 of 63 a. the pre-bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractoz•'s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre-bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Co�tingency Allotinarrce: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 U�it Pr•ice Wor•Iz A. Where the Contract Documents provide that all or part of the Worlc is to be Unit Price Worlc, initially the Contract Price will be deemed to include for all Unit Price Worlc an amount equal to the sum of the unit price for each separately identified item of Unit Price Worlc times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Worlc are not guaranteed and are solely for the puipose of comparison of Bids and determining an initial Conh�act Price. Determinations of the actual quantities and classifications of Unit Price Worlc performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Worlc described in the Contract Documents, or reasonably infel7�ed as required for a fitnctionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price worlc listed and the cost of incidental worlc included as part of the unit price. D. City may malce an adjustment in the Contract Price in accordance with Paragraph 12.01 i£ 1. the quantity of any item of Unit Price Woric performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Worlc. E. Inc�•eased or� Decr•easecl Qzrantities: The City reseives the right to order Extra Worlc in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character• of worlc under the Contract Documents, the altered worlc will be paid for at the Contract unit price. CITY OF FORT WORTH STANDARDCONSTRUCT[ON SPECIFICAT[ON DOCUMEN"I'S Revision: December21,2012 00 �a oo - i GENERAL CONDITIONS Page 45 of 63 ' 2. If the changes in quantities or alterations significantly change the character of worlc, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of worlc occurs when: a. the character of worlc for any Item as altered differs materially in kind or nature fi�om that in the Contract or b. a Major Item of worlc varies by more than 25% fi•om the original Contract quantity. 5. When the quantity of worlc to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the worlc that is above 125%. 6. When the quantity of worlc to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plccns Qiccrntit�� Measzrrement A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) fi•om the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized worlc done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to coi7ect an ei7�or on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. ; i CITY OF FORT WORTE-� STANDARDCONSTRUCT[ON SPECIFICATION DOCUM�NTS Revision: December21,2012 oo�aoo-� GENERAL CONDITIONS Page 46 of 63 E. For callout worlc or non-site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Cha�ge of Corth�act Price A. The Contract Price may only be changed by a Change Order•. B. The value of any Worlc covered by a Change Order will be determined as follows: 1. where the Worlc involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Worlc involved is not covered by unit prices contained in the Conh�act DocLiments, by a mutually agreed 1Ltmp sum or unit price (which may include an allowance for ovei�head and profit not necessarily in accordance with Paragraph 12.O1.C.2), and shall inchide the cost of any secondaly impacts that are foreseeable at the time of pricing the cost of Extra Woric; or 3. where the Worlc involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.O1.B.2, on the basis of the Cost of the Worlc (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and pt•ofit (determined as provided in Paragraph 12.O1.C). C. Conh�•actor�'s Fee: The Contractar•'s additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various poi�tions of the Cost of the Worlc: a. for costs incurred under Pa�ragraphs 11.O1.A.1, 11.O1.A.2. and 11.O1.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.O1.A.4 and 11.O1.A.5, the Contractor's fee shall be five percent (5%); 1) where one or more tiers of subcont�acts are on the basis of Cost of the Worlc plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.O1.C.2.a and 12.O1.C.2.b is that the Subcontractor who actually perfoi7ns the Worlc, at whatever CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: December21,2012 00 �2 00 - i GENERAL CONDITIONS Page 47 of 63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.O1.A.1 and I1.Ol.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor, howevei� in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.O1.A.6, and 11.O1.B; ' d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net ' decrease. 12.02 Change of Contr�acl Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Worlc or fot• claimed delay unless the Extra Worlc contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Worlc or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the perfoimance or completion of any part of the Woric within the Contract Time due to delay beyond the contr�ol of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other worlc as contemplated by Article 7, fires, floods, epidemics, abnortnal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineeis, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Conh•act Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Worlc, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide ' infoi�nation or material, if any, which is to be furnished by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATlON DOCUMENTS Revision: December 2l, 2012 00 �z oo - � GENERAL CONDITIONS Page 48 of 63 ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Noiice of Defects Notice of all defective Worlc of which City has actual icnowledge will be given to Contractoi�. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jtu�isdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests crnd Irrspectiorrs A. Contractor shall give City timely notice of readiness of the Worlc for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Conh•act Documents, Laws or Regulations of any public body having jurisdiction require any of the Worlc (or part thereo fl to be inspected, tested, or appr•oved, Contractor shall assume fiill responsibility for ai7�anging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and fiu•nish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licenslu�e and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be r•esponsible 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 incorpoz•ated in the Worlc; or acceptance of maierials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incoiporation in the Worlc. Such inspections, tests, re-tests, or approvals shall be perfoi•med by organizations acceptable to City. D. City may at•range for the seivices of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Worlc, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractoi; 2. Should any Testing under this Section 13.03 D result in a"fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying foi� 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 CONSTRUCT[ON SPECIFtCATION DOCUMENTS Revision: December2l, 2012 00 �z oo - i GENERAL CONDITIONS Page 49 of 63 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices far retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Worlc (or the worlc of others) that is to be inspected, tested, or approved is covered by Conh•actor without written concui7•ence of City, Contractor shall, if requested by City, uncover such Worlc for observation. F. Uncovering Worl< as provided in Paragraph 13.03.E shall be at Contractor's expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Wo��k A. If any Worlc is covered contrary to the Contr•act Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's obseivation and replaced at Contractor's expense. B. If City considers it necessary or advisable that covered Worlc be obseived by City or inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Worlc in question, fui-nishing all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of worlc of others); or City shall be entitled to accept defective Worlc in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Worlc. 2. If the uncovered Worlc is not found to be defective, Contractor shall be allowed an increase in the Contract Price or• an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, obse�vation, inspection, testing, replacement, and reconstruction. 13.05 Ciry May Stop the Work If the Work is defective, or Contractor fails to supply sufficient slcilled worker•s or suitable materials or equipment, or fails to perform the Work in such a way that the completed Worlc will confoim to the Contract Documents, City may order Contractor to stop the Worlc, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Worlc shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: December21,2012 00 �z oo - � GENERAL CONDITIONS Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Cor�r�ection or• Removc�l of Defective Wo�°k A. Promptly after receipt of written notice, Contractor shall corr•ect all defective Worlc pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Worlc has been rejected by City, remove it from the Project and replace it with Worlc that is not de�ective. 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 arbit�•ation or other dispute resohrtion costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of worlc of others). Failure to r•equire the removal of any defective Worlc shall not constitute acceptance of such Worlc. B. When cor7�ecting defective Worlc under• the terms of ihis Paragraph 13.06 or Paragr•aph 13.07, Contractor shall talce no action that would void or otherwise impair City's special wai7anty and guarantee, if any, on said Worlc. 13.07 Cor•J�ection Per•iod A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Worlc is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Conh•actor shall promptly, without cost to City and in accoz•dance with City's written instructions: 1. repair such defective land or areas; or 2. correci such defective Worlc; or 3. if the defective Worlc has been rejected by City, remove it fi•om 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 Worlc, to the worlc of others or other land or areas resulting therefi�om. B. If Contractor does not promptly comply with the terms of City's written insttuctions, or in an emergency where delay would cause serious rislc of loss or damage, City may have the defective Woric cor�•ected or repaired or may have the rejected Worlc 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 worlc of others) will be paid by Contractor. CITY OI' FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: December21,2012 00 �a oo - i GENERAL CONDITIONS Page 51 of 63 C. In special circumstances where a particular item of equipment is placed in continuous se�vice before Final Acceptance of all the Work, the correction period for that item may start to run from ' an earlier date if so provided in the Contract Documents. D. Where defective Worlc (and damage to other Worlc i•esulting therefi�om) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Worlc may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional wai7anty coverage be required. Contractor may dispute this requirement by filing a Contract Claim, pursuant to Paragraph 10.06. E. Contractor's obligations under• this Paragraph 13.07 are in addition to any other obligation or wai7anty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work If, instead of requiring con•ection or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Worlc and for the diminished value of the Worlc to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Worlc, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 Ciry May Correct Defective Wo�°k A. If Contractor fails within a reasonable time after written notice from City to conect defective Work, or to remove and replace rejected Worlc as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such conective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Worlc and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incoiporated in the Worlc, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: December21,2012 00 �z oo - i GENERAL CONDITIONS Page 52 of 63 costs) incurred or sustained by City in exercising the rights and remedies undei• 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 Worlc attributable to the exei�cise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Scheclule of Uc�lires The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Worlc wiil be based on the number of units completed. 14.02 Pr��ogyess Payments A. Applications for� Payments: 1. Contractor is responsible for providing all information as reqtiired to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor sha11 submit to City for review an Application for Payment filled out and signed by Contractor covering the Worlc completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Worlc bui delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation war•ranting that City has received the materials and equipment free and clear of all Liens and evidence that the mater•ials and equipment ar•e covered by appropi•iate insurance or other ar•rangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Worlc have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progt•ess payments will be as stipulated in the Contract Documents. CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: December2l, 2012 00 �a oo - i GENERAL CONDITIONS Page 53 of 63 B. Review of Applications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may malce the necessary coi-�•ections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Worlc, and on City's review of the Application for ' Payment and the accompanying data and schedules, that to the best of City's lcnowledge: a. the Worlc has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a fiinctioning whole prioi• to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or• the quantity of the Worlc as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor, or c. Contractor has complied with Laws and Regulations applicable to Contractor•'s performance of the Worlc. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or• revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Worlc is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring coi�rection or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Pi•ice has been reduced by Change Orders; d. City has been required to con•ect defective Worlc or complete Worlc in accordance with Paragraph 13.09; or C1TY OF FORT WOR7'H STANDARDCONS'I'RllCTION SPEC[FICATION DOCUMGNTS Revision: December2l, 2012 007200-t GENERAL CONDITIONS Page 54 of 63 e. City has actual lcnowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liqa�idated Dan�ccges. For each calendar day that any worlc sha11 remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement, will be deducted fi•om the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the City. E. Pcryi��e»t: Contractor will be paid ptin•suant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F. Reclz�ction in Paymerrt: 1. City may refiise to make payment of the amount requested because: a. Liens have been filed in connection with the Worlc, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount t•ecommended; or c. City has achial lcnowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refiises to malce payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contr•actor�'s Wcn��•anty of Title Conh•actor warrants and guarantees that title to all Worlc, materials, and equipment covered by any Application for Payment, whether incoiporated in the Project oi� not, will pass to City no later than the time of payment fi•ee and clear of all Liens. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Dec:ember21,2012 00 �a oo - � GENERAL CONDITIONS Page 55 of E3 �� 14.04 Par�tial Utilization A. Prior to Final Acceptance of all the Worlc, City may use or occupy any substantially completed part of the Worlc which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Woi•k that can be used by City for its intended puipose without significant interference with Contractor's performance of the remainder of the Woi�lc. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Worlc which City detei�rnines 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 Worlc ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.OS.A.1, City and Contractor shall make an inspection of that part of the Worlc to determine its status of ' completion. If City does not consider that part of the Worlc to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Pai�tial Utilization will not constitute Final Acceptance by City. 14.05 Finallnspection A. Upon written notice fi�om Contractor that the entire Worlc is complete in accordance with the Contract Documents: 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Worlc or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification of the City and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will resume. 14.06 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Worlc identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. ; i � CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: December21,2012 00 72 00 - I GENERAL CONDITIONS Page 56 of 63 14.07 Final Payment A. Applzcation for� Payrnent: 1. Upon Final Acceptance, and in the opinion of City, Contractor may malce an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation cailed for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any, to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Worlc. B. Pclyment Becomes Dire: 1. After City's acceptance of the Application for• Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, inclliding but not limited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Conh•actor or; b. Contractor pr•ovides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The malcing of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Cor��pletion Delcryecl and Par•tial Retainage Release A. If final completion of the Worlc is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's iinal Application for Payment, and without terminating the Contract, malce payment of the balance due for that portion of the Worlc fiilly completed and accepted. If the remaining balance to be held by City for Woi•lc not fully completed or corrected is less than the t•etainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paiagraph 5.02, the written consent of the surety to the payment of the balance due for that CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: December21,2012 00 �a oo - � GENERAL CONDITIONS Page 57 of E3 '' portion of the Woric fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions ' governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retazncege Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other constr•uction in the Contract Documents for all Work locations, the City may release a portion of the amount retained pi•ovided that all other worlc is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other worlc. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Clczi�ns The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Ciry May Szrspenc� Work A. At any time and without cause, City may suspend the Worlc 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 Worlc covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor•, and should it be determined by mutual consent of the Contractor and City that a solution to allow constiuction to pr•oceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall talce eveiy precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary stiuctures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another constiuction project for the City. CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIF[CATION DOCUMENTS Revision: December21,2012 007200-( GENERAL CONDITIONS Page 58 of 63 15.02 Ciry May Ter•minate fo�� Ccrzise A. The occurrence of any one or more of the following events by way of example, but not of limitation, may justify termination for cause: 1. Contractor's persistent failure to perform the Worlc in accordance with the Cont�•act Documents (including, but not limited to, failui•e to supply sufficient slcilled worlcers or suitable materials or eqtiiipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time puisuant to Paragraph 6.04, or failure to adhere to the City's Business Diversity Enterprise Ordinance #20020-12-20llestablished under Paragraph 6,06.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failttre to promptly malce good any defect in inaterials or worlcmanship, or defects of any natuz•e, the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assigrunent of the Contract or any funds due therefi•om for the benefit of any creditor• or for any other pulpose; or 7. Substantial evidence that the Contractor has become insolvent or banluupt, or otherwise financia�lly Linable to cai7y on the Worlc satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occlu•, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Cont�actor's failure to perform the Worlc. Conference shall be held not later than 15 days, after receipt of notice. If the City, the Contractor, and the Slu•ety do not agree to allow the Contractor to proceed to perform the consti�uction Contract, the City may, to the extent permitted by Laws and Reglilations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Sln�ety have received notice of conference to address Contractor's failure to perform the Worlc. 2. If Contractor's services are terminated, Surety shall be obligated to talce over and perform the Worlc. If Surety does not commence perfoi�rnance thereof within 15 consecutive calendar days after date of an additional wr•itten notice demanding Surety's performance of its CITY OF FORT WORTH STANDARD CONSTRUCT[ON SPECIFICAT[ON DOCUMENTS Revision: December21,2012 00 �2 00 - i GENERAL CONDITIONS Page 59 of 63 obligations, then City, without pr•ocess or action at law, may talce over any portion of the Worlc and complete it as described below. a. If City completes the Work, City may exclude Conh�actor and Surety from the site and talce possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and iinish the Worlc as City may deem expedient. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any furthei• payment until the Worlc is finished. If the unpaid balance of the Contr•act Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Worlc, such excess will be paid to Conh•actor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incui7•ed by City will be incoiporated in a Change Order, provided that when exercising any rights or t•emedies under this Paragraph, City shall not be requiz•ed to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees ; shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Worlc shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations othez•wise prescribed by law. C. Notwithstanding Paragraphs 15.02.B, Contractor's services will not be te�minated if Contractor begins within seven days of receipt of notice of intent to terminate to con�ect its failure to perfoim and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's seivices ha�e been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Conh�actor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Par•agraph 5.02, the termination pr•ocedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CONSTRUCTION SPEC[FICATION DOCUMENTS Revision: December21,2012 oo�aoo-i GENERAL CONDITIONS Page 60 of 63 15.03 City May Ter•mis�ate For� Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which perfornlance of Worlc under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Ser•vice Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City t•egarding such discretionaiy action. B. After receipt of a notice of tel�rnination, and except as otherwise directed by the City, the Contractor shall: 1. Stop worlc under the Contract on the date and to the extent specified in the notice of termination; 2. place no fiuther orders or sLibcontracts for materials, seivices or facilities except as may be necessaty for completion of such portion of the Worlc undei• the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated pai�ts, Worlc in progress, completed Worlc, supplies and other material produced as a part of, or acquired in connection with the performance of, the Worlc terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other propei�ty which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Worlc as shall not have been terminated by the notice of termination; and 6. talce such action as may be necessaiy, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the tei�rnination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARDCONSTRUCT[ON SPECIF[CATION DOCUMENTS Revision: Dec;ember21,2012 00 �a oo - i GENERAL CONDITIONS Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days fi•om the date of submission of the list, and any necessary adjustments ' to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, Contr•actor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Worlc, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contz•actor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Worlc, the City shall determine, on the basis of infoimation available to it, the amount, if any, due to the Contractor by reason of the teimination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting fiom such termination. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Pt�ocec�zrr�es A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become iinal and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: December2l, 2012 00 �a oo - i GENERAL CONDITIONS Page 62 of 63 elects in writing to involce any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other pal-�y of the intent to submit the Contract Claim to a coul�t of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Grvrng Notice A. Whenever any provision of the Contract Documents requues the giving of written notice, it will be deemed to have been validly given i£ 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 cei-tified mail, postage prepaid, to the last business address lcnown 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 �ipon confirmation of receipt by the receiving pai-ty. 17.02 Computation of Times When any period of tune 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 Worlcing Day shall become the last day of the period. 17.03 Ci�m�irlative Rerneclies 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 ai•e not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are other•wise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS Revision: December21,2012 oo�aoo-i GENERAL CONDITIONS Page 63 of 63 � �� 17.04 Sur�vival of Obligatiorrs All representations, indemnifications, war7anties, and guarantees made in, required by, or given in '' accordance with the Conh�act Documents, as well as all continuing obligations indicated in the Contract Documents, will suivive final payment, completion, and acceptance of the Work or ' tei�rnination or completion of the Contract or termination of the services of Contractor. 17.05 Heac�ings ' Article and paragraph headings ar•e inserted for• convenience only and do not constitute parts of these Genei•al Conditions. CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: December21,2012 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 007300-1 SUPPLEMEN'I'ARY CONDITIONS P1ge I of 4 SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS Supplementaiy Conditions These Supplementary Conditions modify and supplement Section 00 72 00 - Genera] Conditions, and other provisions of the Cond�act Documents as indicated below. All provisions of the Generai Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the Genera] Conditions which are not so modified or supplemented remain in full force and effecl. Defined Terms The terms used in these Supplementary Conditions which are defined in the Genera] Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modi�cations and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-3.03B.2, "Resolving Discrepancies" Plans govern over Specifications and Specifications shall govern over standard details. SC-4.OlA Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.O1A.1., "Availability of Lands" The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of February 15,2013: Outstanding Right-Of-Way, and/or Easements to Be Acquired PARCEL OWNER NUMB ER NONE :� TARGET DATE OF POSSESSION :� The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor consideis the final e�sements provided to differ materially fi•om the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations. C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 W�ter Main Improvements on Western Center Boulevard fi•om Lou Menk Drive [o Oid Denton Ro�d (North Tan•ant Express — Segment 3B) City Project No. 02051 007300-2 SUPPLEMENTARY CONDITIONS P�ge 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 SC-4.O1A.2, "Availability of Lands" Utilities or obstructions to be removed, adjusted, andlor relocated The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as of February 15, 2013: EXPECTED UTILITY AND LOCATION OWNER NONE TARGET DATE OF ADJUSTMENT The Contractor undeistands and agrees that the dates listed above are estimates only, are not gi�aranteed, and do not bind the City. SG4.02A., "Subsurface and Physical Conditions" The following are reports of explorations and tests of subsucface conditions at the site of the Work: NONE The Pollowing are dr�wings of physical conditions in or relating to existing surface �nd subsurface structures (except Underground Facilities) which are 1t or contig�iolis to the site oP the Work: NONE SC-4A6A., "Hazardous Environmental Conditions at Site" The Following are reports and drawings of existing hazardo�is environmentll conditions known to the City: NONE SC-5.03A., "Certificates of Insurance" The entities listed below are "additional insureds as their interest may appear" including their respective office►s, directors, agents and employees. (1) City (2) Consultant: Kimley-Horn and Associates, Inc. (3) Other: NONE SC-5.04A., "Contractor's Insurance" The limits of liability for the insurance required by Paragraph GG5.04 shall provide the following coverages For not less than the Following �mounts or grelter where required by laws and regulations: 5.04A. Workers' Compensation, under Paragraph GG5.04A. Stcrtutory lintiits E��aployer's lia�bility $100,000 each accide�2t/occiu�rerice $100,000 Disense - enc1� einployee $500,000 Disense - policy liriiit W1ter Main Improvements on Western Center Boulevard C1TY OF FORT WORTH from Lou Menk Drive to Old Denton Ro1d STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tarr�nt Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 007300-3 SUPPLEMENTARY CONDITIONS Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 SG5.04B., "Contractor's Insurance" 5.04B. Commercial General Liability, under Paragraph GG5.04B. Contractor's Liability Insurance under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with minimum limits of: $1,000,000 encl� occiirrence $2,000,000 aggregate limit The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 5.04C., "Contractor's Insurance" 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under Paragraph GG5.04C., which shall be in an amount not less than the foilowing amounts: (1) Automobile Liability - a commercial business policy shali provide coverage on "Any Auto", defined as autos owned, hired and non-owned. ,$1,000,000 each accident on a combined single limit basis. Split limits are acceptable iP limits are at least: $250,000 Bodily hijiny per perso�i / $500,000 Bodily Injirr�� per ncciden�t / $100,000 Properry Damage SC-5.04D., "Contractor's Insurance" The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by NONE. SC-6.04., "Project Schedule" Project schedule shall be tier 3 for the project. SC-6.07., "Wage Rates" The following is the prevailing wage rate table(s) applicable to this project and is provided in the Appendixes: 2008 Prevailing Wage Rates for City-Awarded Public Works Projects SC-6.09., "Permits and Utilities" SC-6.09A., "Contractor obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: NONE SC-6.09B. "City obtained permits and licenses" The foilowing are known permits and/or licenses reqaired by the Contract to be acquired by the City: NONE Water Main Improvements on Western Center Boulevard CITY OF F012T WORTH from Lou Menk Drive to Old Denton Ro�d STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tarrant Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 007300-4 SUPPLEMENTARY CONDITIONS Page 4 of 4 1 2 3 4 5 6 7 8 9 10 SC-6.09C. "Outstanding permits and licenses" The following is a list of known outstanding permits and/or licenses to be acquired, if any as of Febr��ary I5, 2013: OWNER NONE SC-7.02., "Coordination" PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION The individuals or entities listed below have contracts with the City For the performance of other work at the Site: Vendor Scope of Worlc Coordination Authority NONE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SC-8.01, "Communications to Contractor" NONE SC-9.01., "City's Project Representative" The following firm is a consultant to the City responsible For construction management oF this Project: Kimley-Horn and Associates, Inc. or a subconsultant of Kimley-Horn and Associates, Inc. SC-13.03C., "Tests and Inspections" NONE SC-16.O1C.1, "Methods and Procedures" NONE END OF SECTION Water Main Improvements on Western Center Boulevard CITY OF FORT WORTH fi�om Lou Menk Drive to Old Denton Ro�d STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North T�rr�nt Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 1 2 3 PART1- GENERAL � 1.1 SUMMARY 5 6 7 8 9 10 11 12 1.2 ot �ioo-i SUMMARY OF WORK I'age l of 3 SECTION Ol 11 00 SUMMARY OF WORK A. Section Includes: 1. Summary of Worlc to be performed in accordance with the Contract Documents B. Deviations from this City of Fort Worth Standard Specification 1. Added Section 1.4.A.2. 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 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 A. Work Covered by Contract Documents 1. Work is to include furnishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. 2. Contractor shall be required to utilize two or more construction crews as detailed in the Drawings. B. Subsidiary Work 1. Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. 3. Use and occupy only portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Water M�in Improvements on Western Center Boulev�rd from Lou Menk D�ive to Old Denton Road (Nortl� Tarrant Express — Segmen[ 3B) City Project No. 02051 011100-2 SUMMAI2Y OF WORK Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 Do not enter upon private property for any purpose without having previously obtained permission from the owner of such property. 14 2. Do not store equipment or material on private property unless �nd until the 15 specified approval of the property owner has been secured in writing by the 16 Contractor and a copy furnished to the City. 17 3. Unless specifically provided otherwise, clear all rights-of-way or easements of 18 obstructions which must be removed to mal<e possible proper prosecution of the 19 Work as a part of the project construction operations. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 a � c A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessaiy to avoid delay in the construction operations. Excavated and waste materials shall be stored in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by raih�oad tracks, the Worlc shall be carried on in such manner as not to interfere with the operation of the railroad. 1) All Worl< shall be in accordance with railroad requirements set forth in Division 0 as well as the railroad permit. D. Worlc within Easements 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporaty fences and to ail other public or private property adj�cent to the Worlc. 5. Notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the Work. a. Such notice shall be made at least 48 hours in advance of the beginning of the Worlc. b. Notices shall be applicable to both public and private utility companies and any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the Worl<. c. Be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the Worlc, or at any time due to defective worl<, mlterial, or equipment. 6. Fence a. Restore all fences encountered and removed during construction of the Project to the original or a better than original condition. b. Erect temporary fencing in place of the fencing removed whenever the Worlc is not in progress and when the site is vacated overnight, and/or at all times to provide site security. c. The cost for all fence worl< within e�sements, including removal, temporary closures and replacement, shall be subsidiary to the various items bid in the project proposal, unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 W�ter M�in Improvements on Western Center Boulevard from Lou Menk Drive to Old Denton Ro1d (North Tarrant Express — Segment 3B) City Project No. 02051 O1 1100-3 SUMMARY OF WORK Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.1U DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3- EXECUTION [NOT USED] 11 f�a 13 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE Wa[er Main Improvements on Western Center Boulevard CITY OF FORT WORTH from Lou Menk Drive to Old Denton Road STANDARD CONS'I'RUCTION SPECIFICATION DOCUMENTS (North T�rrant Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 1 2 3 PART1- GENERAL 4 11 SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1.2 SECTION Ol 25 00 SUBSTITUTION PROCEDURES 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 PRICE AND PAYMENT PROCEDURES 20 A. Measurement and Payment 21 1. Work associated with this Item is considered subsidiary to the various items bid. 22 No separate payment will be allowed for this Item. 23 1.3 REFERENCES [NOT USED] 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 012500-i SUBSTITUTION PROCEDUIZES Page 1 of 4 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, C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Water Main ]mprovements on Wes[ern Center Boulevard from Lou Menk Drive to Oid Denton Road (Nortll Tairant Express — Segment 3B) City Project No. 02051 012500-2 SUBSTITUTION PROCEDURES Page 2 of 4 b. Conh•actor proposes a cost and/or time reduction incentive to the City. 2 1.5 SUBMITTALS 3 A. See Request for Substitution Form (attached) 4 B. Procedure for Requesting Substitution 5 1. Substitution shall be considered only: 6 a. After award of Contract 7 b. Under the conditions stated herein 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 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 rept�esentative 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 marl<ed to show compliance of proposed product with Contract Documents 3) Itemized complrison 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 pi�oduct 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 43 2. City reserves the right to require proposed product to comply with color and pattein 44 of specified product if necessary to secure design intent. 45 3. In the event the substitution is approved, the resulting cost and/or time reduction 46 will be documented by Change Order in accordance with the General Conditions. Water M�in Improvements on Western Center Boulevard CITY OF FORT WORTH fi•om Lou Menk Drive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tarrant Express — Segment 3B) Revised July l, 2011 City Project No. 02051 012500-3 SUBSTITUTION PROCEDURES P1ge 3 of 4 1 4. No additiona] contract time will be given for substitution. 2 5. Substitution will be rejected if: 3 a. Submittal is not through the Contractor with his stamp of approval 4 b. Request is not made in accordance with this Specification Section 5 c. In the City's opinion, acceptance will require substantial revision of the original 6 design 7 d. In the City's opinion, substitution will not perform adequately the function 8 consistent with the design intent 9 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 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, malcing 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] 27 PART 2- PRODUCTS [NOT USED] 28 PART 3- EXECUTION [NOT USED] � � 31 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July l, 201 I Water Main Improvements on Western Center Boulevard from Lou Menk Drive to Old Denton Road (North Tarrant Express — Segment 3B) City Project No. 02051 012500-4 SUBSTITUTION PROCEDURES Page 4 of 4 1 2 3 4 5 6 7 8 9 10 f� 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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 Blanl<s Below: A. Will the undersigned cont�actor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution h�ve on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature as noted Recommended Recommended Firm Address Date Telephone Not recommended Received I�te By Date Remarks For Use by City: Approved City Date Rej ected C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July l, 201 l Water Main Improvements on Western Center Boulevard from Lou Menk Drive to Old Denton Road (North Tan•ant Express — Segment 3B) City Project No. 0205I Ol 31 19 - I PRECONSTRUC'CION MEETING Page l of 3 � 3 PART1- GENERAL 4 1.1 SiJMMARY 5 6 7 �. 10 I1 12 13 1.2 SECTION 0131 19 PRECONSTRUCTION MEETING 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. 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 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 l. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 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 l. A preconsnuction meeting will be held within 14 days after the execution of the Agreement and before Worlc is started. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully compieting the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Project Representative b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Conh•actor may desire to invite or the City may request e. Other City representatives Water Main Improvements on Wes[ern Center Boulevard CITY OF FORT WORTH fi•om Lou Menk Drive to Old Denron Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tan�ant Espress — Segment 3B) Revised August 17, 2012 City Project No. 02051 O1 31 19 - 2 PRECONSTRUCTION MEETING Page 2 of 3 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 f. Others as appropriate 4. Construction Schedule a. Prepare baseline construction schedule in accordance with Section O1 32 16 and provide at Preconstruction Meeting. b. City will notify Contractor of any schedule changes upon Notice of Preconstruction Meeting. 5. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements ar other pertinent permits d. Contractor's worlc plan and schedule e. Contract Time f. Notice to Proceed g. Construction St�lcing h. Progress Payments i. Extra Worl< and Change Order Procedures j. Field Orders 1<. Disposal Site Letter for Waste Material 1. 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 f£ Temporary construction facilities gg. M/WBE or MBE/SBE procedures hh. Final Acceptance ii. Final Payment jj. Questions or Comments CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 W�ter M�in Improvements on Western Center Boulevard fi•om Lou Menk Drive to Old De�tton Road (North T�n•ant Express — Segment 3B) City Project No. 02051 1 2 3 4 5 6 7 8 9 10 11 12 13 O1 31 19 - 3 PRECONSTI2UCT10N MEETING Page 3 of 3 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 Water Main Lnprovemen[s on Western Center Boulevard CITY OF FORT WORTH from Lou Menk Drive [o Oid Denton Road STANDARD CONSIRUCTION SPECIFICATION DOCUMENTS (North T�rrant Express — Segmen[ 3B) Revised August 17, 20(2 City Project No. 02051 I 2 3 PART1- GENERAL 4 1.1 SUMMARY 5 6 7 8 �1 11 12 13 14 1.2 S�CTION 0131 20 PROJECT MEETINGS 013120-( PROJECT MEETINGS Page I of 3 A. Section Includes: 1. Provisions for project meetings throughout the construction period to enable orderly review of the progress of the Work and to provide for systematic discussion of potential problems B. Deviations 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 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 A. Coordination 1. Schedule, attend and administer as specified, periodic progress meetings, and specially called meetings throughout progress of the Work. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meetings administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. 4. Meetings, in addition to those specified in this Section, may be held when requested by the City, Engineer or Contractor. B. Pre-Construction Neighborhood Meeting 1. After the execution of the Agreement, but before construction is allowed to begin, attend 1 Public Meeting with affected residents to: a. Present projected schedule, including construction start date b. Answer any construction related questions 2. Meeting Location a. Location of ineeting to be determined by the City. 3. Attendees a. Contractor b. Project Representative C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICAI'ION DOCUMENTS Revised July 1, 2011 Water Main Improvements on Western Center Boulevard from Lou Menk Drive to Old Den[on Road (North Tan�ant Express — Segment 3B) City Project No. 02051 O13120-2 PROJECT MEETINGS Page 2 of 3 c. Other City representatives 2 4. Meeting Schedule 3 a. In general, the neighborhood meeting will occur within the 2 weel<s following 4 the pre-construction conference. 5 b. In no case will construction be allowed to begin until this meeting is held. 6 C. Progress Meetings 7 l. Formal project coordination meetings will be held periodically. Meetings will be 8 scheduled and administered by Project Representative. 9 2. Additional progress meetings to discuss specific topics will be conducted on an as- 10 needed basis. Such additional meetings shall include, but not be limited to: 11 a. Coordinating shutdowns 12 b. Installation of piping and equipinent 13 c. Coordination between other const�•uction projects 14 d. Resolution of construction issues I S e. Equipment approval 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 3. The Project Representative will preside at progress meetings, prepare the notes of the meeting and distribute copies of the same to all participants who so request by fully completing the attendance form to be circulated at the beginning of each meeting. 4. Attendance sh�ll include: a. Contractor's project manager b. Contractor's superintendent c. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request d. Engineer's representatives e. City's representatives f. Others, as requested by the Project Representative 5. Preliminaly Agenda m�y include: a. Review of Worlc progress since previous meeting b. Field observations, problems, conflicts c. Items which impede construction schedule d. Review of off-site fabrication, delivery schedules e. Review of construction interfacing and sequencing requirements with other construction contracts f. Corrective measures and procedures to regain projected schedule g. Revisions to construction schedule h. Progress, schedule, during succeeding Worl< period i. Coordination of schedules j. Review submittal schedules 1<. Maintenance of quality standards 1. Pending changes and substitutions m. Review proposed changes for: 1) Effect on construction schedule and on completion date 2) Effect on other contracts of the Project n. Review Record Documents o. Review monthly pay request p. Review status of Requests for Information 6. Meeting Schedule CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July l, 201 l Water M1in Improvements on Western Center Boulevard from Lou Menk Drive to Old Den[on Road (North Ta�rant Express — Segment 3B) City Project No. 02051 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 013120-3 PROJECT MEETINGS Page 3 of 3 a. Progress meetings will be held periodically as determined by the Project Representative. 1) Additional meetings may be held at the request of the: a) City b) Engineer c) Contractor 7. Meeting Location a. The City will establish a meeting location. 1) To the extent practicable, meetings will be held at the Site. 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 201 I Water Main Improvements on Western Center Boulevard from Lou Menk Drive to Old Denton Road (North T�rrant Express — Segment 3B) City Project No. 02051 Ol 32 I6 - l CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION Ol 32 16 CONSTRUCTION PROGRESS SCHEDULE 5 A. Section Includes: 6 1. General requirements for the preparation, submittal, updating, status reporting and 7 management of the Construction Progress Schedule 8 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance 9 Document 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1— General Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Worl< associated with this Item is considered subsidiary to the various items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 A. Definitions 1. Schedule Tiers a. Tier 1- No schedule submittal required by contract. Small, brief duration projects b. Tier 2- No schedule submittal required by contract, but will require some milestone dates. Small, brief duration projects c. Tier 3- Schedule submittal required by contract as described in the Specification and herein. Majority of City projects, including all bond program projects d. Tier 4- Schedule submittal required by contract as described in the Specification and herein. Large and/or complex projects with long durations 1) Examples: large water pump station project and associated pipeline with interconnection to another governmental entity e. Tier 5- Schedule submittal required by contract as described in the Specification and herein. Large and/or very complex projects with long durations, high public visibility 1) Examples might include a water or wastewater treatment plant 2. Baseline Schedule - Initial schedule submitted before work begins that will serve as the baseline for measuring progress and departures from the schedule. 3. Progress Schedule - Monthly submittal of a progress schedule documenting progress on the project and any changes anticipated. Water Main Improvements on Western Cen[er Boulevard CITY OF FORT WORTH 5�om Lou Menk Dtive to Old Denton Ro1d STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tlrrant Express — Segment 3B) Revised July 1, 2011 Ciry Project No. 02051 013216-2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 1 2 3 4. Schedule Narrative - Concise narrative of the schedule including schedule changes, expected delays, key schedule issues, critical path items, etc B. Reference Standards 4 1. City of Fort Worth Schedule Guidance Document 5 1.4 ADMINISTRATIVE REQUIREM�NTS 6 7 8 9 10 1( 12 13 14 15 A. Baseline Schedule 1. General a. Prepare a cost-loaded baseline Schedule using approved software and the Critical Path Method (CPM) as required in the City of Fort Worth Schedule Guidance Document. b. Review the draft cost-loaded baseline Schedule with the City to demonstrate understanding of the worl< to be performed and known issues and constraints related to the schedule. c. Design�te an authorized representative (Project Scheduler) responsible for developing and updating the schedule and preparing reports. 16 B. Progress Schedule 17 1. Update the progress Schedule monthly as r�equired in the City of Fort Worth 18 Schedule Guidance Document. 19 2. Prepare the Schedule Narrative to accompany the inonthly progress Schedule. 20 3. Change Ordeis 21 a. Incorporate approved change orders, resulting in a change of contract time, in 22 the baseline Schedule in accordance with City of Fort Worth Schedule 23 Guidance Document. 24 C. Responsibility for Schedule Compliance 25 1. Whenever it becomes apparent from the current progress Schedule and CPM Status 26 Report that delays to the critical path have resulted and the Contr�ct completion 27 date will not be met, or when so directed by the City, mal<e some or all of the 28 following actions at no additional cost to the City 29 a. Submit a Recovery Plan to the City for approval revised baseline Schedule 30 outlining: 31 1) A written statement of the steps intended to talce to remove or ar1•est the 32 delay to the critical path in the approved schedule 33 2) Increase construction manpower in such quantities and crafts as will 34 substantially eliminate the baciclog of work and return current Schedule to 35 meet projected baseline completion dates 36 3) Incre�se the number of worlcing hours per shift, shifts per day, working 37 days per weel<, the amount of construction equipment, or any combination 38 of the foregoing, sufficiently to substantially eliminate the baciclog of work 39 4) Reschedule activities to achieve maximum practical concurrency of 40 accomplishment of activities, and comply with the revised schedule 41 2. If no written statement of the steps intended to take is submitted when so requested 42 by the City, the City may direct the Cont�•actor to increase the level of effort in 43 manpower (trades), equipment and work schedule (overtime, weelcend and holiday 44 work, etc.) to be employed by the Contractor in order to remove or arrest the delay 45 to the critical path in the approved schedule. �6 a. No additional cost for such worl< will be considered. Water Main Improvements on Western Center Boulevard CITY OF FORT WORTH fi•om Lou Menk Drive to Old Denton Ro�d STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North T�n•1nt Express — Segment 3B) Revised July l, 201 l City Project No. 02051 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 013216-3 CONSTRUCTIONPROGRESSSCHEDULE Page 3 of 5 D. The Contract completion time will be adjusted only for causes specified in this Contract. a. Requests for an extension of any Contract completion date must be supplemented with the following: 1) Furnish justification and supporting evidence as the City may deem necessary to determine whether the requested extension of time is entitled under the provisions of this Contract. a) The City will, after receipt of such justification and supporting evidence, make findings of fact and will advise the Contractor, in writing thereof. 2) If the City finds that the requested extension of time is entitled, the City's determination as to the total number of days allowed for the extensions shall be based upon the approved total baseline schedule and on all data relevant to the extension. a) Such data shall be included in the next updating of the Progress schedule. b) Actual delays in activities which, according to the Baseline schedule, do not affect any Conh-act completion date shown by the critical path in the network will not be the basis for a change therein. 2. Submit each request for change in Contract completion date to the City within 30 days after the beginning of the delay for which a time extension is requested but before the date of final payment under this Contract. a. No time extension will be granted for requests which are not submitted within the foregoing time limit. b. From time to time, it may be necessary for the Contract schedule or completion time to be adjusted by the City to reflect the effects of job conditions, weather, technical difficulties, strikes, unavoidable delays on the part of the City or its representatives, and other unforeseeable conditions which may indicate schedule adjustments or completion time extensions. 1) Under such conditions, the City will direct the Contractor to reschedule the worl< or Contract completion time to reflect the changed conditions and the Contractor shall revise his schedule accordingly. a) No additional compensation will be made to the Contractor for such schedule changes except for unavoidable overall contract time extensions beyond the actual completion of unaffected work, in which case the Contractor shall take all possible action to minimize any time extension and any additional cost to the City. b) Available float time in the Baseline schedule may be used by the City as well as by the Contractor. 3. Float or slack time is defined as the amount of time between the earliest start date and the latest start date or between the earliest finish date and the latest finish date of a chain of activities on the Baseline Schedule. a. Float or slack time is not for the exclusive use or benefit of either the Contractor or the City. b. Proceed with work according to early start dates, and the City shall have the right to reserve and apportion float time according to the needs of the project. c. Acknowledge and agree that actual delays, affecting paths of activities containing float time, will not have any effect upon contract completion times, providing that the actual delay does not exceed the float time associated with those activities. CITY OF F012T WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July l, 2011 W�ter Main Improvements on Western Center Boulevard from Lou Menk Diive to Old Denton Road (North 7'an•ant Express — Segment 3B) Ciry Project No. 02051 O13216-4 CONSTRUCTION PROGRESS SCHEDULE P�ge 4 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 E. Coordinating Schedule with Other Contract Schedules 1. Where worlc is to be performed under this Contract concurrently with or contingent upon work performed on the same facilities or area under other contracts, the , Baseline Schedule shall be coordinated with the schedules of the other contracts. a. Obtain the schedules of the other appropriate contracts from the City for the preparation and updating of Baseline schedule and make the required changes in his schedule when indicated by changes in corresponding schedules. 2. In case of interference between the operations of different contractors, the City will determine the worl< priority of each contractor and the sequence of work necessary to expedite the completion of the entire Project. a. In such cases, the decision of the City shall be accepted as final. b. The temporary delay of any worl< due to such circumstances shall not be considered as justification for claims for additional compensation. 14 1.5 SUBMITTALS IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1.6 A. Baseline Schedule 1. Submit Schedule in native file format and pdf format as required in the City of Fort Worth Schedule Guidance Document. a. Native file format includes: 1) Primavera (P6 or Primavera Contractor) 2. Submit draft baseline Schedule to City prior to the pre-construction meeting and bring in hard copy to the meeting for review �nd discussion. B. Progress Schedule 1. Sttbmit progress Schedule in native file format and pdf format as requued in the City of Fort Worth Schedule Guidance Document. 2. Submit progress Schedule monthly no later thau the last day of the month. C. SchedLlle Narrative 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth Schedule Guidance Document. 2. Submit schedule narrative monthly no later than the last day of the month. D. Submittal Process 1. The City administers and manages schedules through Buzzsaw. 2. Contractor shall submit documents as required in the City of Fort Worth Schedule Guidance Document. 3. Once the project has been completed and Final Acceptance has been issued by the City, no further progress schedules are required. ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 37 1.'7 CLOSEOUT SUBMITTALS [NOT USED] 38 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 39 1.9 QUALITY ASSURANCE 40 A. The person preparing and revising the construction Progress Schedule shall be 41 experienced in the preparation of schedules of similar complexity. Water M�in Improvements on Western Center Boulevard CITY OF FOR1' WORTH from Lou Menk Drive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tan•ant Express — Segment 3B) Revised July 1, 201 l City Project No. 02051 1 2 3 4 5 6 7 01 32 16 - 5 CONSTRUCTION PROGI2ESS SCHEDULE Page 5 of 5 B. Schedule and supporting documents addressed in this Specification shall be prepared, updated and revised to accurately reflect the performance of the construction. C. Contractor is responsible for the quality of all submittals in this section meeting the standard of care for the construction industry for similar projects. 1.10 DELIVERY, STORAG�, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] 8 PART 2- PRODUCTS [NOT USED] E m �II 12 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE Water Main Improvements on Western Center Boulevard C1TY OF FORT WORTH from Lou Menk Drive to Old Denton Ro�d STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tan�ant Express — Segment 3B) Revised July l, 2011 City Project No. 02051 � 3 PART1- GENERAL 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 O13233-1 PRECONSTRUCTION VIDEO Page 1 of 2 SECTION Ol 32 33 PRECONSTRUCTION VIDEO 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. 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. Worlc 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] Water Main Improvements on Western Center Boulevard CITY OF FORT WORTH from Lou Menk Drive to Old Denton Rond STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tarr�nt Express — Segment 3B) Revised July 1, 201 I City Project No. 02051 O13233-2 PRECONSTRUCTION VIDEO Page 2 of 2 1 PART 2- PRODUCTS [NOT USED] 2 PART 3- EXECUTION [NOT U5ED] 3 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE Water M�in Lnprovements on Western Center Boulev�rd CITY OF FORT WORTH from Lou Menk Drive [o Old Denton Ro1d STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North T1rr�nt Express — Segment 3B) Revised July l, 2011 City Project No. 02051 1 2 3 PARTl- GENERAL 4 l.l SUMMARY SECTION Ol 33 00 SUBMITTALS 5 A. Section Includes: 6 1. General methods and requirements of submissions applicable to the following 7 Work-related submittals: 8 a. Shop Drawings 9 b. Product Data (inclUding Standard Product List submittals) 10 c. Samples 11 d. Mock Ups 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1— General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 O l 33 00 - I SUBMITTALS P�ge ( of 8 A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittais 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. Water Main Improvements on Western Center Boulevard CITY OF FORT WORTH 6�om Lou Menk Drive to Old Denton Road STANDARD CONSTI2UCTION SPECIFICATION DOCUMENTS (North T1n•ant Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 013300-2 SUBMITTALS Page 2 of 8 1 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 f►.L17 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Worl< or in the worl< of any other contractor. B. Submittal Numbering When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specific�tion Section far 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 21 1. Review shop drawings, product data and samples, including those by 22 subcontractors, prior to submission to determine and verify the following: 23 a. Field measurements 2� b. Field construction criteria 25 c. Catalog numbers and similar data 26 d. Conformance with the Contract Documents 27 2. Provide each shop drawing, sainple and product data submitted by the Contractor 28 with a Certification Statement affixed including: 29 a. The Contractor's Company name 30 b. Signature of submittal reviewer 31 c. Certification Statement 32 1) "By this submittal, I hereby represent that I have deterinined and verified 33 field measurements, field construction criteria, materials, dimensions, 34 catalog numbers and similar data and I have checked and coordinated each 35 item with other applicable approved shop drawings." 36 37 38 39 40 41 42 43 44 45 46 47 D. Submittal Format 1. Fold shop drawings larger than 8'h inches x 11 inches to 8 I/z inches x l linches. 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. Subinittal Content The date of submission and the dates of any previous submissions 2. The Project title and number Water Main Improvements on Western Center Boulevard CITY OF FORT WORTH from Lou Menk Drive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tarrint Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 013300-3 SUBMITTALS Page 3 of 8 3. Contractor identification 2 4. The names of: 3 a. Contractor 4 b. Supplier 5 c. Manufacturer 6 5. Identification of the product, with the Specification Section number, page and 7 paragraph(s) 8 6. Field dimensions, clearly identified as such 9 7. Relation to adjacent or critical features of the Work or materials 10 8. Applicable standards, such as ASTM or Federal Specification numbers 11 9. Identification by highlighting of deviations from Contract Documents 12 10. Identification by highlighting of revisions on resubmittals 13 ll. An 8-inch x 3-inch blank space for Contractor and City stamps 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 F. Shop Drawings 1. As specified in individual Worlc 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 C1TY OF FORT WORTH from Lou Menk Dnve ro Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tanant Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 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 7) Standard wiring diagrams 8) Printed performance curves and operational-range diagrams Water Main Improvements on Western Ceoter Boulev�rd o� 3soo-a SUBMITTALS Page 4 of 8 I 2 3 4 5 6 7 8 9 10 I1 12 f3 14 IS 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 wananties � 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 Warl< 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) Speciinens for coordination of visual effect 5) Graphic symbols and units of Worlc to be used by the City for independent inspection and testing, as applicable to the Work 16 L Do not start Worlc requiring a shop drawing, sample or product data nor any material to 17 be fabricated or installed prior to the approval or qualified approval of such item. 18 I. Fabrication performed, maeerials purchased or on-site construction accomplished 19 which does not conform to approved shop drawings and data is at the Cont�actor's 20 risk. 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 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) a. Shop Drawings 1) Distributed to the City 2) Copies Water Main Improvements on Western Center Boulevard CITY OF FORT WORTH fi•om Lou Menk Drive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tarrant Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 1 2 3 4 5 6 � 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 01 3300-5 SUBMITTALS Page 5 of S � c. 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. Product Data 1) Distributed to the City 2) Copies a) 4 copies 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 2. 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 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 Worlc 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 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. Water M1in Improvements on Western Center Boulevard CITY OF FORT WORTH from Lou Menk Drive to Old Denton Ro�d STANDARD CONS'I'RUCTION SPECIFICATION DOCUMENTS (North Tan•ant Express — Segment 3B) Revised December 20, 20(2 City Project No. 02051 013300-6 SUBMITTALS Page 6 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 c � a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. 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 pacicage. a) The Contractor may release the equipment or material for manufacture; however, all notations �nd 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 transinittal requiring the resubmittal. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contr�ct Documents. a) The Contractor must resubmit the entire p�cicage revised to bring the subnuttal 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 fiist submittals 1) Corrections other than requested by the City 2) Marl<ed with revision triangle or other similar method a) At Contractor's risk if not marl<ed 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 entitie 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 retut•ned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or marlc the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the City at least 7 Calendar Days prior to release for manufacture. W�ter Main Improvements on Western Center Boulev�rd CITY OF FORT WORTH from Lou Menk Drive to Old Denton Ro�d STANDARD CONSTRUCTION SPECIFICATION DOCUMEN'CS (North T�rrant Espress — Segment 3B) Revised December 20, 20(2 City Project No. 02051 013300-7 SUBMITTALS Page 7 of 8 1 9. When the shop drawings have been completed to the satisfaction of the City, the 2 Contractor may carry out the construction in accordance therewith and no further 3 changes therein except upon written instructions from the City. 4 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 5 following receipt of submittal by the City. 6 L. Mock ups 7 1. Mock Up units as specified in individual Sections, include, but are not necessarily 8 limited to, complete units of the standard of acceptance for that type of Work to be 9 used on the Project. Remove at the completion of the Work or when directed. 10 M. Qualifications 11 1. If specifically required in other Sections of these Specifications, submit a P.E. 12 Certification far each item required. 13 N. Request for Information (RFI) 14 1. Contractor Request for additional information I S a. Clarification or interpretation of the contract documents 16 b. When the Contractor believes there is a conflict between Contract Documents 17 c. When the Contractor believes there is a conflict between the Drawings and 18 Specifications 19 1) Identify the conflict and request clarification 20 2. Use the Request for Information (RFI) form provided by the City. 21 3. Numbering of RFI 22 a. Prefix with "RFI" followed by series number, "-xxx", beginning with "01" and 23 increasing sequentially with each additional transmittal. 24 4. Sufficient information shall be attached to permit a written response without further 25 information. 26 5. The City will log each request and will review the request. 27 a. If review of the project information request indicates that a change to the 28 Contract Documents is required, the City will issue a Field Order or Change 29 Order, as appropriate. 30 1.5 SUBMITTAL5 [NOT USED] 31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] 35 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 36 L11 FI�LD [SITE] CONDITIONS [NOT USED] 37 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Water M1in Improvements on Western Center Boulevard from Lou Menk Drive to Old Denton Road (North Tanant Express — Segment 3B) City Project No. 02051 Ol 3300-8 SUBMITTALS Page 8 of 8 1 PART 2- PRODUCTS [NOT USED] 2 PART 3- EXECUTION [NOT USED] 3 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. 7ohnson 1.4.K.8. Working Days modified to Calendar Days Water M�in Lnprovements on Western Center Boulevard CITY OF FOR'C WORTH 6•om Lou Menk Drive to Oid Denton Ro�d STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North T�rrant Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 � 3 PART1- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 17 �. 013513-1 SPECIAL PROJECT PROCEDURES Page 1 of 8 SECTION Ol 35 13 SPECIAL PROJECT PROCEDURES A. Section Includes: 1. The procedures for special project circumstances that includes, but is not limited to: a. Coordination with the Texas Department of Transportation b. Work near High Voltage Lines c. Confined Space Entry Program d. Air Pollution Watch Days e. Use of Explosives, Drop Weight, Etc. f. Water Department Notification g. Public Notification Prior to Beginning Construction h. Coordination with United States Army Corps of Engineers i. Coordination within Railroad permits areas j. Dust Control lc. Employee Parking B. Deviations from this City of Fort Worth Standard Specification 1. None. 20 C. Related Specification Sections include, but are not necessarily limited to: 21 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 22 2. Division 1— General Requirements 23 3. Section 33 12 25 — Connection to Existing Water Mains 24 1.2 PRICE AND PAYMENT PROCEDURES ; 25 26 27 28 � 29 i ; 30 � ' 31 i 32 � � 33 34 i 35 36 37 38 39 40 41 42 A. Measurement and Payment 1. Coordination within Railroad permit areas a. Measurement 1) Measurement for this Item will be by lump sum. b. Payment 1) The work performed and materials furnished in accordance with this Item will be paid for at the lump sum price bid for Railroad Coordination. c. The price bid shall inciude: 1) Mobilization 2) Inspection 3) Safety training 4) AdditionalInsurance 5) Insurance Certificates 6) Other requirements associated wiYh general coordination with Railroad, including additional employees required to protect the right-of-way and property of the Railroad from damage arising out of and/or from the construction of the Project. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Water Main Improvements on Western Center Boulevlyd from Lou Menk Drive to Old Denton Road (Nortl� Tan•ant Express — Segment 3B) City Project No. 02051 013513-2 SPECIAL PROJECT PROCEDURES P1ge 2 of 8 I 2 3 4 5 6 7 8 9 10 11 12 13 14 2. Railroad Flagmen a. Measurement 1) Measurement for this Item will be per worlcing day. b. Payment 1) The worlc performed and materials furnished in accordance with this Item will be paid for each worlcing day that Railroad Flagmen are present at the Site. c. The price bid shall include: 1) Coordination for scheduling flagmen 2) Flagmen 3) Other requirements associated with Railroad 3. All other items a. Worl< associated with these Items is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 15 1.3 REFERENCES 16 A. Reference Standards 17 1. Reference standards cited in this Specification refer to the current reference 18 standard published at the time of the latest revision date logged at the end of this 19 Specification, unless a date is specifically cited. 20 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 21 High Voltage Overhead Lines. 22 3. North Central Texas Council of Governments (NCTCOG) — Clean Construction 23 Specification 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 A. Coordination with the Texas Department of Transportation 26 27 28 29 30 31 32 33 When worlc in the right-of-way which is under the jurisdiction of the Texas Department of Transportation (TxDOT): a. Notify the Texas Department of Transportation prior to commencing any worl< therein in accordance with the provisions of the permit b. All worl< performed in the TxDOT right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation B. Worl< near High Voltage Lines 34 1. Regulatory Requirements 35 a. All Worlc near High Voltage Lines (more than 600 volts measured between 36 conductors or between a conductor and the ground) shall be in accordance with 37 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 38 2. Warning sign 39 a. Provide sign of sufficient size meeting all OSHA requirements. 40 3. Equipment operating within 10 feet of high voltage lines will require the following 41 safety features 42 a. Insulating cage-type of guard about the boom or arm 43 b. Insulator links on the lift hoolc connections for bacl< hoes or dippers 44 c. Equipment must meet the safety requirements as set forth by OSHA and the 45 s�fety requirements of the owner of the high voltage lines Water Main Improvements on Western Center Boulevard CITY OF FORT WORTH From Lou Menk Drive to Old Denton Ro�d STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tarrant Express — Segment 3B) Revised December 20, 20t2 City Project No. 02051 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 4l 42 43 44 45 46 47 O13513-3 SPECIAL PROJECT PROCEDURES Page 3 of 8 4. Work within 6 feet of high voltage electric lines a. Notification shall be given to: 1) The power company (example: ONCOR) a) Maintain an accurate log of all such calls to power company and record action taken in each case. b. Coordination with power company 1) After notification coordinate with the power company to: a) Erect temporary mechanical barriers, de-energize the lines, or raise or lower the lines c. No personnel may work within 6 feet of a high voltage line before the above requirements have been met. C. Confined Space Entry Program 1. Provide and follow approved Confined Space Entry Program in accordance with OSHA requirements. 2. Confined Spaces include: a. Manholes b. All other confined spaces in accordance with OSHA's Permit Required for Confined Spaces D. Air Pollution Watch Days 1. General a. Observe the following guidelines relating to worlcing on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". b. Typical Ozone Season 1) May 1 through October 31. c. Critical Emission Time 1) 6:00 a.m. to 10:00 a.m. ' 2. Watch Days a. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. b. Requirements 1) Begin work after 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. 2) However, the Contractor may begin work prior to 10:00 a.m. if: a) Use of motorized equipment is less than 1 hour, or b) If equipment is new and certified by EPA as "Low Emitting", or equipment burns U1tra Low Sulfur Diesei (ULSD), diesel emulsions, or alternative fuels such as CNG. E. TCEQ Air Permit 1. Obtain TCEQ Air Permit for construction activities per requirements of TCEQ. F. Use of Explosives, Drop Weight, Etc. L When Contract Documents permit on the project the foliowing will apply: a. Public Notification 1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior to commencing. 2) Minimum 24 hour public notification in accordance with Section O1 31 13 G. Water Department Coordination Water Main Lnprovements on Western Center Boulev�rd CI7'Y OF FORT WORTH fi•om Lou Menk Drive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tan•ant Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 O13513-4 SPECIAL PROJECT PROCEDURES Page 4 of 8 1 1. During the construction of this project, it will be necessary to deactivate, for a 2 period of time, existing lines. The Contractor shall be required to coordinate with 3 the Water Department to determine the best times for delctivating and activating 4 those lines. 5 2. Coordinate any event that will require connecting to or the operation of an existing 6 City water line system with the City's representative. 7 a. Coordination shall be in accordance with Section 33 12 25. 8 b. If needed, obtain a hydrant water meter from the Water Department for use 9 during the life of named project. 10 c. In the event that a w�ter valve on an existing live system be turned off and on 1 I to accommodate the construction of the project is required, coordinate this 12 activity through the appropriate City representative. 13 1) Do not operate water line valves of existing water system. 14 a) Failure to comply will render the Contractor in violation of Texas Penal 15 Code Title 7, Chapter 28.03 (Criminal Mischie� and the Contractor 16 will be prosecuted to the full extent of the law. 17 b) In addition, the Contractor will assume all liabilities and 18 responsibilities as a result of tl�ese actions. 19 H. Public Notification Priar to Beginning Construction 20 1. Prior to beginning construction on any blocl< in the project, on a blocl< by blocic 21 basis, prepare and deliver a notice or flyer of the pending construction to the front 22 door of each residence or business that will be impacted by construction. The notice 23 shall be prepared as follows: 24 a. Post notice ot� flyer 7 days prior to beginning any construction activity on each 25 blocic in the project area. 26 1) Prep�re flyer on the Contractor's letterhead and inclLlde the following 27 information: 28 a) N�me of Project 29 b) City Project No (CPN) 30 c) Scope of Project (i.e, type of construction activity) 31 d) Actual construction duration within the blocl< 32 e) Name of the contractor's foreman and phone number 33 � Name of the City's inspector and phone number 34 g) City's after-hours phone number 35 2) A sample of the `pre-construction notification' flyer is attached as Exhibit 36 A. 37 3) Submit schedule showing the construction stlrt and finish time for each 38 block of the project to the inspector. 39 4) Deliver flyer to the City Inspector for review prior to distribution. 40 b. No construction will be allowed to begin on any block until the flyer is 41 delivered to all residents of the blocl<. 42 L Public Notification of Temporary Water Service Interruption during Construction 43 1. In the event it becomes necessary to temporarily shut down water service to 44 residents or businesses during construction, prepare and deliver a notice or flyer of 45 the pending interruption to the front door of each affected resident. 46 2. Prepared notice as follows: 47 a. The notification or flyer shall be posted 24 hours prior to the temporary 48 interruption. Water Main Improvements on Western Center Boulevard C1TY OF FORT WORTH from Lou Menk Drive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tarran[ Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 1 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 40 41 42 43 44 Ol 35 l3 - 5 SPECIAL VROJECT PROCEDURES Page 5 of 8 0 c. d, e. f. Prepare flyer on the contractor's letterhead and include the following information: 1) Name of the project 2) City Project Number 3) Date of the interruption of service 4) Period the interruption will take place 5) Name of the contractor's foreman and phone number 6) Name of the City's inspector and phone number A sample of the temporary water service interruption notification is attached as Exhibit B. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed. No interruption of water service can occur until the flyer has been delivered to all affected residents and businesses. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector. J. Coordination with United States Army Corps of Engineers (USACE) At locations in the Project where construction activities occur in areas where USACE permits are required, meet all requirements set forth in each designated permit. K. Coordination within Railroad Permit Areas � 3 At locations in the project where construction activities occur in areas where railroad permits are required, meet all requirements set forth in each designated railroad permit. This includes, but is not limited to, provisions for: a. Flagmen b. Inspectors c. Safety training d. Additional insurance e. Insurance certificates f. Other employees required to protect the right-of-way and property of the Railroad Company from damage arising out of and/or from the construction of the project. Proper utility clearance procedures shall be used in accordance with the permit guidelines. Obtain any supplemental information needed to comply with the railroad's requirements. Railroad Flagmen a. Submit receipts to City for verification of working days that railroad flagmen were present on Site. L. Dust Control 1. Use acceptable measures to control dust at the Site. a. If water is used to control dust, capture and properly dispose of waste water. b. If wet saw cutting is perforined, capture and properly dispose of slurry. M. Employee Parlting 1. Provide plrking for employees at locations approved by the City. W1ter Main Lnprovements on Western Center Boulevard CITY OF FORT WORTH from Lou Menk Drive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tan•�nt Express — Segment 3B) Revised December 2Q 2012 City Project No. 02051 013513-6 SPECIAL PROJECT PROCEDURES Page 6 of 8 1 2 3 4 5 6 7 8 9 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT US�D] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 110 DELIVERY, STORAG�, AND HANDLING [NOT USED] l.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] 10 PART 3- EXECUTION [NOT USED] f �I 12 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1,4.B — Added requirement of compliance with He11th and S�ifety Code, Title 9. 8/31/2012 D. Johnson Safety, 5ubtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 1.4.E — Added Contractor responsibility for obtaining a TCEQ Air Permit 13 W�ter Main hnprovements on Western Center Bailevlyd CITY OF FORT WORTH from Lou Menk Drive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tan•�nt Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 i I j 1 2 3 4 5 6 7 g 9 lo ll 12 13 14 15 16 17 ts 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 013513-7 SPECIAL PROJECT PROCEDURES Page 7 of 8 Date: CPN No.: Project Name: Mapsco �ocation: Limits of Construction: EXHIBIT A (To be printed on Contractor's Letterhead) ' THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL.: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TE�EPHONE NO.> OR Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (8y7) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL W�ter Main hnprovements on Western Center Boulev�rd C1TY OF FORT WORTH from L,ou Menk Drive to Old Denton Road STANDARD CONSTRUCI'ION SPECIFICATION DOCUMENTS (North Tan•1nt Express — Segment 3B) Revised December 20, 2012 City Projec[ No. 02051 013513-8 SPECIAL PROJEC'I' PROCEDURES P�ge 8 of 8 0 � EXHIBIT B F�ORT WORTH � Date: DOE HO. XXXX project lleme: I�101'ICE OF T�MPORARY WA?ER SLRVICE II�ITERRLiP1'IOI'1 DU� TO UTILITY IMPROV�MENTS IN YOUR NEIGHB�RHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT-OUT, PLEA&� CALL: MR. AT (CONTRAC'CORS SUPERINTENDENT) (T�LEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENTENCE WILL BF. AS SHORT AS YOSSIBLE. THANK YOU, CONTRACTOR 3 4 Water Main Improvements on Western Center Boulevard CITY OF FORT WORTH from Lou Menk Drive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North T1rr�nt Express — Segment 3B) Revised December 2Q 2012 City Project No. 02051 O14523-I TESTING AND INSPECTION SERVICES Page 1 of 2 1 2 3 PART1- GENERAL 4 l.l SUMMARY 5 6 7 8 9 10 11 12 1.2 13 14 IS 16 17 18 19 20 21 22 23 24 SECTION 01 45 23 TESTING AND INSPECTION SERVICES 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 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. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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 City's Buzzsaw site, or another external FTP site approved by the City. 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. Wa[er M1in Improvements on Western Center Boulevard CITY OF FORT WORTH from Lou Menk Drive to Old Denton Ro�d STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tarran[ Express — Segment 3B) Revised July l, 201 I City Projec[ No. 02051 014523-2 TESTING AND INSPECTION SERVICES P�ge 2 of 2 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 m � 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 h•ip tickets for each delivered load of Concrete or Lime material including the following infarmation: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lacic of inspection does not relieve the Contractor froin obligation to perform worl< 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 MAINT�NANCE MATERIAL SUBMITTALS [NOT USED] 20 1.9 QUALITY ASSURANCE [NOT USED] 21 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 22 1.11 FI�LD [SITE] CONDITIONS [NOT USED] 23 1.12 WARRANTY [NOT USED] 24 PART 2- PRODUCTS [NOT USED] 25 PART 3- EX�CUTION [NOT USED] 26 27 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 28 W1ter M1in Improvements on Western Center Boulev�rd CITY OF FORT WORTH from Lou Menk Drive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North T�rrant Espress — Segment 3B) Revised July 1, 2011 City Project No. 02051 01 50 00 - t TEMPORARY FACILITIES AND CONTI20LS Page I of 4 1 2 SECTION Ol 50 00 TEMPORARY FACILITIES AND CONTROLS 3 PARTl- GENERAL 4 11 SUMMARY 5 A. Section Includes: 6 1. Provide temporary facilities and controls needed for the Work including, but not 7 necessarily limited to: 8 a. Temporary utilities 9 b. Sanitary facilities 10 c. Storage Sheds and Buildings 11 d. Dust control 12 e. Temporary fencing of the construction site 13 B. Deviations from this City of Fort Worth Standard Specification 14 1. None. 18 1.2 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 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various Items bid. 21 No separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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 Worlc. 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 Cl'I'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT3 Revised July l, 201 I Water Main Improvements on Western Center Boulevard from Lou Menk Drive to Oid Denton Road (North Tarrant Express — Segment 3B) City Project No. 02051 o� s000-z TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 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 Worlc. 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 worlc or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Worl<. b. Provide temporary heat and ventilation to assure safe worlcing conditions. B. Sanitary Facilities 2. 3. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and �nchor 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 th�n weekly intervals and properly dispose in accordance with applicable regulation. Locate facilities near Worlc Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequ�tely ventilated, watertight, weatherproof storage facilities with floor �bove ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocl<s 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 locl<able 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 temporaiy and existing buildings. 6, Remove building from site prior to Final Acceptance. 42 D. Teinpoi��uy Fencing 43 1. Provide and maintain for the duration or construction when required in contract 44 documents 45 E. Dust Control CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July l, 2011 Water Main Improvements on Western Center Boulevard from Lou Menk Drive to Old Denton Road (North Tarrant Express — Segment 3B) City Project No. 02051 E t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 015000-3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 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] 17 PART 3- EXECUTION [NOT USED] � 20 21 22 23 24 25 26 27 28 29 30 31 3.1 INSTALLERS [NOT U5ED] 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 U5ED] 3.10 CLEANING [NOT USED) 311 CLOSEOUT ACTIVITIES A. Tempoi�lry Facilities Water Main Lnprovements on Western Center Boulevard CITY OF FORT WOR1'H from Lou Menk Drive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North T1rr�nt Express — Segment 3B) Revised July 1, 201 l City Project No. 02051 015000-4 '1'EMPORARY FACILITIES AND CONTROLS Page 4 of 4 1 1. Remove all temporai•y facilities and restore area after completion of the Worlc, to a 2 condition equal to or better than prior to start of Work. 3 3.12 PROTECTION [NOT USED] 4 3.13 MAINTENANCE [NOT USED] 5 314 ATTACHMENTS [NOT USED] 6 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE W�ter Main Improvements on Western Center Boulevnrd C1TY OF FORT WORTH from Lou Menk Drive to Old Denton Ro1d STANDARD CONSTRUCI'ION SPECIFICATION DOCUMENTS (North Tan•ant Express — Segment 3B) Revised July l, 20l I City Project No. 02051 015526-1 STREET USE PERMIT ANU MODIFICATIONS TO TRAFFIC CON'PROL Page 1 of 3 1 2 S�CTION Ol 55 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PARTl- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 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 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES 21 A. Reference Standards 22 1. Reference standards cited in this specification refer to the current reference standard 23 published at the time of the latest revision date logged at the end of this 24 specification, unless a date is specifically cited. 25 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Traffic Control 28 1. General 29 a. When traffic control plans are included in the Drawings, provide Traffic 30 Control in accordance with Drawings and Section 34 71 13. 31 b. When traffic control plans are not included in the Drawings, prepare traffic 32 control plans in accordance with Section 34 71 13 and submit to City for 33 review. 34 1) Allow minimum 10 working days for review of proposed Traffic Control. 35 B. Street Use Permit 36 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 37 a. To obtain Street Use Permit, submit Traffic Control Plans to City 38 Transportation and Public Works Department. 39 1) Allow a minimum of 5 working days for permit review. W�ter Main Improvements on Western Center Boulev�rd CITY OF FORT WORTH from Lou Menk Drive ro Old Denton Road STANDARD CONSTRUC'I'ION SPECIFICATION DOCllMENTS (North Tan�ant Express — Segment 3B) Revised July l, 2011 City Project No. 02051 015526-2 STREET USB PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 oF 3 � 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2) Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. C. I� Modification to Approved Traffic Control 1. Prior to installation traffic control: a. Submit revised traffic control plans to City Department Transportation and Public Worl<s 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. Removal of Street Sign 1. If it is determined that � street sign must be removed for construction, then contact City Transportation and Public Worlcs Department, Signs and Marlcings Division to remove the sign. E. Temporliy Signage 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the l�test edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the remov�l of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Worl<s Department, Signs and Marldngs Division, to reinstall the permanent sign. F. Tr�ffic Control Standards 1. Traffic Control Standards can be found on the City's Buzzsaw website. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT US�D] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 31 32 1.11 FIELD [SITE] CONDITION5 [NOT USED] 1.12 WARRANTY [NOT USED] 33 PART 2- PRODUCTS [NOT USED] 34 PART 3- EXECUTION [NOT USED] 35 END OF SECTION Water Main Lnprovements on Western Center Boulevard C1TY OF FORT WORTH from Lou Menk Drive ro Old Denton Ro�d STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tarrint Express — Segmen[ 3B) Revised July l, 201 l City Project No. 02051 1 O1 5526-3 STREE'I' llSE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE 2 ; Water Main Improvements on Western Center Boulevard C1TY OF FORT WORTH from Lou Menk Drive to Old Denton Road � STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tanant Express — Segment 3B) i Revised July 1, 20l 1 City Project No. 02051 i 1 2 O15713-( STORM WATER POLLUTION PREVENTION Page 1 of 3 SECTION Ol 57 13 STORM WATER POLLUTION PREVENTION 3 PARTl- G�NERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 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 15 A. Measurement and Payment 16 1. Construction Activities resulting in less than 1 acre of disturbance 17 a. Work associated with this Item is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 2. Construction Activities resulting in greater than 1 acre of disturbance 20 a. Measurement and Payment shall be in accordance with Section 31 25 00. 21 1.3 REFERENCES 22 A. Abbreviations and Acronyms 23 1. Notice of Intent: NOI 24 2. Notice of Termination: NOT 25 3. Storm Water Pollution Prevention Plan: SWPPP 26 4. Texas Commission on Environmental Quality: TCEQ 27 5. Notice of Change: NOC 28 A. Reference Standards 29 1. Reference standards cited in this Specification refer to the current reference 30 standard published at the time of the latest revision date logged at the end of this 31 Specification, unless a date is specifically cited. 32 2. Integrated Storm Management (iSWM) Technical Manual for Construction 33 Controls 34 1.4 ADMINISTRATIVE REQUIREMENTS 35 36 37 A. General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. Water Main Improvements on Western Center Boulevard CITY OF FORT WORTH fi•om Lou Menk Drive to Old Denton Ro1d STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (Nortlt Tarr�nt Express — Segment 3B) 12evised July 1, 20l 1 City Project No. 02051 O15713-2 STORM WATER POLLUTtON PREVENTION P1ge 2 of 3 B. Construction Activities resulting in: 2 1. Less than 1 acre of disturbance 3 a. Provide erosion and sediment control in accordance with Section 31 25 00 and � Drawings. 5 2. 1 to less than 5 acres of disturbance 6 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 7 Perinit is required 8 b. Complete SWPPP in accordance with TCEQ requirements 9 1) TCEQ Small Construction Site Notice Required under general permit 10 TXR I 50000 I I a) Sign and post at job site 12 b) Prior to Preconstruction Meeting, send 1 copy to City Department of t3 Transportation and Public Worlcs, Environmental Division, (817) 392- 14 6088. 15 2) Provide erosion and sediment control in accordance with: 16 a) Section 31 25 00 17 b) The Drawings 18 c) TXR 150000 General Permit 19 d) SWPPP 20 e) TCEQ requirements 21 3. 5 acres or more of Disturbance 22 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 23 Permit is required 24 b. Complete SWPPP in accordance with TCEQ requirements 25 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee 26 a) Sign and post at job site 27 b) Send copy to City Department of Transportation �nd Public Worlcs, 28 Environmental Division, (817) 392-6088. 29 2) TCEQ Notice of Change required if malcing changes or updates to NOI 30 3) Provide erosion and sediment control in accordance with: 31 a) Section 31 25 00 32 b) The Drawings 33 c) TXR150000 General Permit 34 d) SWPPP 35 e) TCEQ requirements 36 4) Once the project has been completed and all the closeout requirements of 37 TCEQ have been met a TCEQ Notice of Termination can be submitted. 38 a) Send copy to City Department of Transportation and Public Worlcs, 39 Environmental Division, (817) 392-6088. 40 1.5 SUBMITTALS 41 42 43 44 45 46 47 /� . ' ' � Submit in accordance with Section O1 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 Worlcs, Environment�l Division for review 48 B. Modified SWPPP CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July l, 201 l Water Main Improvements on Western Center Boulevard from Lou Menk Drive to Old Denton Road (North T�rrant Express — Segment 3B) City Project No. 02051 015713-3 STORM WA'I'ER POLLUTION PREVENTION Page 3 of 3 I 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 2 in accordance with Section O1 33 00. 3 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 4 1.7 CLOSEOUT SUBMITTALS [NOT USED] 5 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 6 1.9 QUALITY ASSURANCE [NOT USED] 7 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 8 1.11 FIELD [SITE] CONDITIONS [NOT USED] 9 1.12 WARRANTY [NOT USED] 10 PART 2- PRODUCTS [NOT USED) 11 PART 3- EXECUTION [NOT USED] � 13 14 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE Water Main Improvemen[s on Western Center Boulevard CITY OF FORT WORTH from Lou Menk D�ive to Old Denron Ro�d STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tarrant Express — Segment 3B) Revised July I, 201 I City Projec[ No. 02051 015813-I TEMPORARY PROJECT SIGNAGE Page I of 3 1 2 3 PART1- GENERAL 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 � SECTION O1 58 13 TEMPORARY PROJECT SIGNAGE 1.1 SUMMARY A. Section Includes: l. Temporary Project Signage Requirements 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 l. 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) l.'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 27 2.1 OWNER-FURNISHED [oa] OWNER-SUPPLIEDPRODUCTS [NOT USED] 28 2.2 EQUIPMENT, PRODUCT TYPES, AND MATERIALS 29 A. Design Criteria 30 1. Provide free standing Project Designation Sign in accordance with City's Standard 31 Details for project signs. Water Main Improvements on Western Center Boulevard CITY OF FORT WORTH from Lou Menk Drive [o Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tarrint Express — Segment 3B) Revised July 1, 2011 City Project No. 02051 015813-2 TEMPORARY PROJECT SIGNAGE Page 2 of 3 1 B. Materials 2 1. Sign 3 a. Constructed of 3/a-inch fir plywood, grade A-C (exterior) or better 4 2.3 ACCESSORIES [NOT USED] 5 2.4 SOURCE QUALITY CONTROL [NOT USED] 6 PART 3 - EXECUTION 7 3.1 INSTALLERS [NOT USED] 8 3.2 EXAMINATION [NOT USED] 9 3.3 PREPARATION [NOT USED] 10 3.4 INSTALLATION 11 A. General 12 1. Provide vertical installation at extents of project. 13 2. Relocate sign as needed, upon request of the City. 14 B. Mounting options 15 a. Skids 16 b. Posts 17 c. Barricade 18 3.5 REPAIR / RESTORATION [NOT USED] t 9 3.6 RE-INSTALLATION [NOT USED] 20 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING [NOT USED] 24 3.11 CLOSEOUT ACTIVITI�S [NOT US�D] 25 26 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE 27 A. General 28 1. Mainten�nce will include painting and repairs as needed or directed by the City. 29 3.14 ATTACHMENTS [NOT USED] 30 31 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July l, 2011 Water Main Lnprovements on Western Center Boulev�rd ft•om Lou Menk Diive to Old Denton Road (North T�rr�nt Express — Segment 3B) City Project No. 0205I 015813-3 TEMPORARY PROJECT SIGNAGE Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 201 l Water Main Lnprovements on Western Cen[er Boulevard from Lou Menk Dtive to Old Den[on Ro1d (North Tan�ant Express — Segment 3B) City Project No. 02051 O l 60 00 - 1 PRODUCT REQUIREMENTS Page 1 of 2 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION Ol 60 00 PRODUCT REQUIREMENTS 5 A. Section Includes: 6 1. References for Product Requirements and City Standard Products List 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1— General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 13 1.3 REFERENCES [NOT USED] 14 1.� ADMINISTRATIVE REQUIREMENTS 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 A. A list of City approved products for use is located on Buzzsaw as follows: 1. Resources\02 - Construction Documents\Standard Products List B. 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. C. 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. D. 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. E. See Section O1 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 5UBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MAT�RIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] 35 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] Water Main Lnprovements on Western Center Boulevard CITY OF FORT WORTH from Lou Menk Drive [o Old Denron Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tanant Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 016000-2 PI20DUCT REQUIREMENTS Page 2 of 2 1 l.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3- EXECUTION [NOT USED] 5 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE (0/12/l2 D. Johnson Modified Location of City's Stand�rd Product List Water Main Improvements on Western Center Boulevard CITY OF FORT WORTH fi•om Lou Menk Drive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tarr�nt Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 O 1 66 00 - 1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page t of 4 1 2 SECTION Ol 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PARTl- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 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: I. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements L2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 22 1.5 SUBMITTALS [NOT USED] 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT US�D] 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. 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. Water Main Improvements on Western Center Boulevard CITY OF FORT WORTH from Lou Menk Drive to Old Denton Ro�d STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tairint Express — Segment 3B) Revised July 1, 201 I City Project No. 02051 016600-2 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 1 2 3 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. 4 B. Handling Requirements 5 1. Handle products or equipment in accordance with these Contract Documents and 6 manufacturer's recommendations and instructions. 7 8 9 10 11 12 13 14 t5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 C. Storage Requirements 1. Store materials in accordance with manufacturer's recommendations and requirements of these Specifications. 2. Malce necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Worlc to prevent damage to any part of Worlc or existing facilities and to maintain free access at ail times to all parts of Worlc and to utility service company installations in vicinity of Worl<. 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 avail�ble 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 properry 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 stacl< �naterials delivered and stored along line of Work to �void inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydr�nt. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewallcs, 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. W1ter M�in Lnprovements on Western Center Boulevard CITY OF FORT WORTH fi•om Lou Menk Drive to Old Denron 2oad STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (Nordi Tarrant Express — Segment 3B) Revised July l, 201 I City Project No. 02051 016600-3 PRODUCT ST012AGE AND HANDLING REQUIREMENTS Page 3 of 4 1 l.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 5 6 7 8 9 ]0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PART 3 - EXECUTION 3.1 INSTALLERS [NOT US�D] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT U5ED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [ox] 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 unsatisfactoly 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 CONSTI2UCTION SPECIFICA'I'ION DOCUMENTS Revised July I, 201 l Water Main hnprovements on Western Center Boulevard from Lou Menk Drive to Old Den[on Road (North Tarrant Express — Segment 3B) City Project No. 02051 016600-4 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Water Main Improvements on Western Center Boulevard from Lou Menk Drive to Old Denton Road (North Tlrrant Express — Segment 3B) City Project No. 0205 ( oi�000-i MOBILIZA7'ION AND REMOBILIZATION Page l of 4 � 3 PART1- GENERAL 4 l.l SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 SECTION Ol 70 00 MOBILIZATION AND REMOBILIZATION A. Section Includes: L Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor's operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor's personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor's operation from 1 locaeion to another location on the Site. b. Demobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of worlc that are for which payment is provided elsewhere in the contract. 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents ar as required by City includes: 1) Demobilization a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor's operation at the Site necessaiy to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization Water Main Improvements on Western Center Boulevard CITY OF FORT WORTH from Lou Menk Drive to Old Denron Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (Nord� Tanan[ Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 oi �000-z MOBILIZATION AND REMOBILIZATION Page 2 of 4 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 l5 16 17 18 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site for the issued Worlc Order. b) Establishment of necess�uy general facilities for the Contractor's operation at the Site for the issued Worlc Order 2) Demobilization shall consist of the activities and cost necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Worl< Order c) Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of worl< for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occuis within 24 hours of the issuance of the Worl< Order. 19 B. Deviations from this City of Fort Worth Standard Specification 20 1. None. 21 C. Related Specification Sections include, but �ue not necessarily limited to: 22 1. Division 0— Bidding Requirements, Contract Forms �nd Conditions of the Contract 23 2. Division 1— General Requirements 24 1.2 PRICE AND PAYMENT PROCEDURES 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 A. Measurement and Payment 1. Mobilization and Demobilization a. Measure 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The worlc performed and materials furnished in accordance with this Item are subsidiary to the various Items bid �nd no other compensation will be allowed. 2. Remobilization for suspension of Worlc as specifically required in the Contract Documents a. Measurement 1) Measurement for this Item shall be per each remobilization performed. b. Payment 1) The worlc performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Specified Remobilization" in accordance with Contract Documents. c. The price shall include: 1) Demobilization as described in Section 1.1.A.2.a.1) 2) Remobilization as described in Section 1.1.A.2.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 47 3. Remobilization for suspension of Worl< as required by City Water Main Improvements on Western Center Boulevnrd CITY OF FORT WORTH from Lou Menk Drive to O(d Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North T�rrant Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 01 70 00 - 3 MOBILIZATION AND REMOBILIZATION Page 3 of 4 1 a. Measurement and Payment. 2 1) This shall be submitted as a Contract Claim in accordance with Article 10 3 of Section 00 72 00. 4 2) No payments will be made for standby, idle time, or lost profits associated 5 with this Item. 6 4. Mobilizations and Demobilizations for Miscellaneous Projects 7 a. Measurement 8 1) Measurement for this Item shall be for each Mobilization and 9 Demobilization required by the Contract Documents 10 b. Payment 1 I 1) The Work performed and materials furnished in accordance with this Item 12 and measured as provided under "Measurement" will be paid for at the unit 13 price per each "Worlc Order Mobilization" in accordance with Contract 14 Documents. Demobilization shall be considered subsidiary to mobilization IS and shall not be paid for separately. 16 c. The price shall include: 17 1) Mobilization as described in Section 1.1.A.3.a.1) 18 2) Demobilization as described in Section 1.1.A.3.a.2) 19 d. No payments will be made for standby, idle time, or lost profits associated this 20 Item. 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Work Order Emergency Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall inciude 1) Mobilization as described in Section 1.1.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 36 1.3 REFERENCES [NOT USED] 37 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 38 1.5 SUBMITTALS [NOT USED] 39 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 40 1.7 CLOSEOUT SUBMITTALS [NOT USED] 41 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 42 1.9 QUALITY ASSURANCE [NOT USED] 43 L10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 44 1.11 FIELD [SITE] CONDITIONS [NOT USED] C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 20(2 W�ter Main Lnprovements on Western Center Boulevard from Lou Menk Drive to Old Den[on Road (North Tarrant Express — Segment 3B) City Project No. 02051 017000-4 MOBILIZATION AND REMOBILIZATION Page 4 of 4 1 1.12 WARRANTY [NOT USED] 2 PART 2- PRODUCTS [NOT USED] 3 PART 3- EXECUTION [NOT USED] 4 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE Water Main Lnprovements on Western Center Boulevard CITY OF FORT WORTH from Lou Menk Drive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tan�nt Express — Segment 3B) Revised December 20, 2012 Ciry Project No. 02051 O17123-1 CONSTRUC'I'ION STAKING AND SURVEY Page 1 of 4 I 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION Ol 71 23 CONSTRUCTION STAKING AND SURVEY 5 A. Section Includes: 6 1. Requirements for construction staking and construction survey 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract I 1 2. Division 1— General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Construction Staking 15 a. Measurement 16 1) This Item is considered subsidiary to the various Items bid. 17 b. Payment 18 1) The work performed and the materials furnished in accordance with this 19 Item are subsidiary to the various Items bid and no other compensation will 20 be allowed. 21 2. Construction Survey 22 a. Measurement 23 1) This Item is considered subsidiary to the various Items bid. 24 b. Payment 25 1) The work performed and the materials furnished in accordance with this 26 Item are subsidiary to the various Items bid and no other compensation will 27 be allowed. 28 1.3 REFERENCES [NOT U5ED] 29 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 30 1.5 SUBMITTALS 31 A. Submittals, if required, shall be in accordance with Section O1 33 00. 32 B. All submittals shall be approved by the City prior to delivery. 33 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 34 A. Certificates 35 1. Provide certificate certifying that elevations and locations of improvements are in 36 conformance or non-conformance with requirements of the Contract Documents. 37 a. Certificate must be sealed by a registered professional land surveyor in the 38 State of Texas. Water Main Lnprovements on Western Center Boulevard CI'CY OF FORT WORTH fi•om Lou Menk Drive to Old Denton Ro1d STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tairant Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 017123-2 CONSTRUCTION STAKING AND SURVEY P�ge 2 of 4 B. Field Quality Control Subinittals 2 1. Documentation verifying accuracy of field engineering worlc. 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE 6 A. Construction Staldng 7 1. Construction stalting will be performed by the City. 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 2. Coordination a. Contact City's Project Representative at least 2 weelcs in advance for scheduling of Construction Stalting. b. It is the Contractor's responsibility to coordinate stalcing such that construction activities are not delayed or negatively impacted. 3. General a. Contractor is responsible for preserving and maintaining stalces furnished by City. b. If in the opinion of the City, a sufficient number of stal<es or markings have been lost, destroyed or disturbed, by Contractor's neglect, such that the cont�acted Worlc cannot take place, then the Contractor will be required to pay the City for new stalcing with a 25 percent marlcup. The cost for stalcing will be deducted from the payment due to the Contractor for the Project. B. Construction Survey Construction Survey will be performed by the City. 2. Coordination a. Contractor to vei-ify 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 dat� 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 perfoim replaceinents and/or restorations. 3. General a. Construction survey will be performed in order to maintain complete and accurate logs of control and survey worlc 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 2501inear feet Water Main Lnprovements on Western Center Boulevard CITY OF FORT WORTH 6•om Lou Menk Drive to Oid Denton Ro�d STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tarrant Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 017123-3 CONSTRUCTION STAKING AND SURVEY Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 c. � (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) Eveiy 2501inear feet (b) Horizontal and vertical points of inflection, curvature, etc. c) Sanitaiy Sewer (1) Top of pipe elevations and coordinates for sanitary sewer lines at the following locations: (a) Every 2501inear feet (b) Horizontal and vertical points of inflection, curvature, etc. (c) Cleanouts 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. 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 checic 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. 49 1.10 DELIVERY, STORAGE, AND HANDLING [NOT US�D] W1ter M1in Improvements on Western Center Boulevlyd CITY OF FORT WORTH from Lou Menk Drive to Oid Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tan�ant Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 oi��a3-a CONSTRUCTION STAKING AND SURVEY P1ge 4 of 4 1 l.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3 - EXECUTION � 7 8 9 10 ll 12 13 14 IS 16 17 18 19 20 21 22 23 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION 3.5 REPAIR / R�STORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.'7 FIELD [oa] 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 stal<es or control data without approval from the City. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CL�ANING [NOT US�D] 311 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANC� [NOT USED] 3.14 ATTACHMENTS [NOT US�D] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/3 U2012 D. Johnson 24 C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 W�ter Main Improvements on Western Center Boulevard from Lou Menk Drive to Old Denton Road (North Tarrant Express — Segment 3B) City Project No. 02051 � 3 PART1- GENERAL 4 L1 SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 17 18 m 20 21 22 23 24 25 26 27 28 29 30 31 32 33 oi�aas-� CLEANING Page 1 of 4 SECTION 01 74 23 CLEANING A. Section Includes: l. 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 Worlc 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 MAINT�NANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT U5ED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July l, 201 l Water Main Lnprovements on Western Center Boulevard from Lou Menk Drive to Old Denton Road (North T�rrant Express — Segment 3B) City Project No. 02051 oi �aa3-z CLEANING Page 2 of 4 1 111 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS 4 2.1 OWNER-FURNISHED [ox] OWNER-SUPPLIEDPRODUCTS [NOT USED] 5 2.2 MATERIALS 6 7 8 9 10 11 12 A. Cleaning Agents 1. Coinpatible 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] 13 PART 3 - EXECUTION 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 3.1 INSTALLERS [NOT US�D] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.G RE-INSTALLATION [NOT USED] 3.'7 FIELD [oa] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT US�D] 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 altern�te manner approved by City and regulatory agencies. 6. Handle materials in a controlled manner with as few handlings as possible. Water M�in Lnprovements on Western Center Boulevard CITY OF FOR'f WORTH 6•om Lou Menk Drive to Oid Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tarr�nt Express — Segment 3B) Revised July 1, 201 l City Project No. 02051 01 74 23 - 3 CLEANING Page 3 of 4 1 7. Thoroughly clean, sweep, wash and polish all Worlc and equipment associated with 2 this project, 3 8. Remove all signs of temporary construction and activities incidental to construction 4 of required permanent Work. 5 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to 6 have the cleaning completed at the expense of the Contractor. 7 10. Do not burn on-site. 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 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. Interior Final Cleaning 1. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other foreign materials from sight-exposed surfaces. 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 3. Wash and shine glazing and mirrors. 4. Polish glossy surfaces to a clear shine. 5. Ventilating systems a. Clean permanent filters and replace disposable filters if units were operated during construction. b. Clean ducts, blowers and coils if units were operated without filters during construction. 6. Replace all burned out lamps. 7. Broom clean process area floors. 8. Mop office and control room floors. 34 D. Exterior (Site or Right of Way) Final Cleaning 35 1. Remove trash and debris containers from site. 36 a. Re-seed areas disturbed by location of trash and debris containers in accordance 37 with Section 32 92 13. 38 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 39 that may hinder or disrupt the flow of traffic along the roadway. 40 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 41 junction boxes and inlets. 42 4. If no longer required for maintenance of erosion facilities, and upon approval by 43 City, remove erosion contro] from site. 44 5. Clean signs, lights, signals, etc. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Water Main Improvements on Western Center Boulevard from Lou Menk Drive to Old Denton Road (North Tarrant Express — Segment 3B) City Project No. 02051 o��aas-a CLEANING Page 4 of 4 1 3.11 CLOSEOUT ACTIVITIES [NOT USED] 2 3.12 PROTECTION [NOT USED] 3 3.13 MAINTENANCE [NOT USED] 4 3.14 ATTACHMENTS [NOT USED] 5 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE Water Main Lnprovements on Western Center Boulevard CITY OF FORT WORTH from Lou Menk Drive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tarr�nt Express — Segment 3B) Revised July 1, 201 I City Project No. 02051 1 2 3 PART1- GENERAL 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 017719-1 CLOSEOUT REQUIREMENTS Page 1 of 3 SECTION Ol 77 19 CLOSEOUT REQUIREMENTS l.l 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 Ciry. 1.5 5UBMITTALS A. Submit all required documentation to City's Project Representative. W�ter Main Improvements on Wes[ern Center Boulev�rd CI7'Y OF FORT WORTH from Lou Menk Drive to Old Denton Road STANDAI2D CONSTRUCTION SPECIFICATION DOCUMENTS (North T�nant Express — Segment 3B) Revised July l, 20l 1 City Project No. 02051 01 77 19 - 2 CLOSEOUT REQUIREMENTS Page 2 of 3 I 1.6 INFORMATIONAL SUBMITTALS [NOT US�D] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3 - EX�CUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 CLOSEOUT PROCEDUR� 9 A. Prior to requesting Final Inspection, submit: 10 1. Project Record Documents in accordance with Section O1 78 39 11 2. Operation and Maintenance Data, if required, in accordance with Section O1 78 23 12 B. Prior to requesting Final Inspection, perforin final cleaning in accordance with Section 13 O1 74 23. 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 C. FinalInspection 1. After final cleaning, provide notice to the City Project Representative that the Worlc is co�npleted. a. The City will mal<e an initial Final Inspection with the Cont�•actor 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 undertal<e the Worlc required to remedy deficiencies and complete the Worl< to the satisf�ction of the City. 3. Upon completion of Worl< associated with the items listed in the City's written notice, inform the City, that the required Worl< 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 tanlcs d. Light bulbs e. Fuses f. Vault lceys g. Handwheels h. Other expend�ble items as required for initial start-up and operation of all equipment D. Notice of Project Completion Water Main Improvements on Western Center Boulevard CITY OF FORT WORTH from Lou Menk Drive to Oid Denton Ro�d STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North T�n•ant Express — Segment 3B) Revised July 1, 201 I City Project No. 02051 01 77 19 - 3 CLOSEOUT REQUIREMENTS Page 3 of 3 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 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 US�D] 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] 24 3.12 PROTECTION [NOT USED] 25 3.13 MAINTENANCE [NOT USED] 26 314 ATTACHMENTS [NOT USED] 27 28 29 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WOR'I'H STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July l, 2011 Water Main Improvements on Western Center Boulev�rd from Lou Menk Diive to Old Denton Road (North Tarrant Express — Segmen[ 3B) City Projec[ No. 02051 oi�s23-i OPERATION AND MAINTENANCE DATA Page I of 5 � 3 PART1- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 SECTION Ol 78 23 OPERATION AND MAINTENANCE DATA 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 23 A. Schedule 24 1. Submit manuals in final form to the City within 30 calendar days of product 25 shipment to the project site. 26 1.5 SUBMITTALS 27 A. Submittals shall be in accordance with Section O1 33 00 . All submittals shall be 28 approved by the City prior to delivery. 29 1.6 INFORMATIONAL SUBMITTALS 30 A. Submittal Form 31 1. Prepare data in form of an instructional manual for use by City personnel. 32 2. Format 33 a. Size: 8 i/z inches x 11 inches 34 b. Paper 35 1) 40 pound minimum, white, for typed pages 36 2) Holes reinforced with plastic, cloth or metal 37 c. Text: Manufacturer's printed data, or neatly typewritten Water Main Lnprovements on Western Center Boulevard C1TY OF FORT WORTH fi•an Lou Menk Drive to Oid Denron Road S'CANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tarrant Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 017823-2 OPERATION AND MAINTENANCE DATA P�ge 2 of 5 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 IS 16 17 18 19 20 21 B. Manual Content 3 G� 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 plrts of equipment. 2) Provide indexed tabs. £ 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 gener�l subject matter covered in the inanual Binders a. Commercial quality 3-ring binders with durable �nd cle�nable plastic covers b. When multiple binders are used, coi7elate the data into related consistent groupings. If available, provide an electronic form of the O&M Manual. 22 1. Neatly typewritten table of contents for each volume, arranged in systematic order 23 a. Contractor, naine of responsible principal, address and telephone number 24 b. A list of each product required to be included, indexed to content of the volume 25 c. List, with each product: 26 1) The name, address �nd telephone number of the subcontr�ctor or installer 27 2) A list of each product required to be included, indexed to content of the 28 volume 29 3) Identify area of responsibility of each 30 4) Local source of supply for parts and replacement 31 d. Identify each product by product name �nd other identifying symbols as set 32 forth in Contract Documents. 33 2. Product Data 34 a. Include only those sheets which are pertinent to the specific product. 35 b. Annotate each sheet to: 36 1) Clearly identify specific product or part installed 37 2) Clearly identify data applicable to installation 38 3) Delete references to inapplicable information 39 40 41 42 43 44 45 46 47 48 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. Written text, as requu•ed to supplement product data for the particular installation: a. Organize in consistent format under sep�u•ate headings for different procedures. b. Provide logical sequence of instructions of each procedure. W1ter Main Improvements on Western Center Boulev�rd CITY OF FOR'I' WORTH from Lou Menk Drive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tarrint Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 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 40 41 42 43 44 45 46 47 48 01 78 23 - 3 OPERATION AND MAINTENANCE DATA Page 3 of 5 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 l. 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, brealc-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 Water Main Improvements on Western Center Boulevard CITY OF FORT WORTH fi•om Lou Menk Drive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tarrant Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 01 78 23 - 4 OPERATION AND MAINTENANCE DATA Page 4 of 5 1 2 3 4 5 6 7 S 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 J k. 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 noinenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Elech-ical 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 sp�e 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 addition�l data when the need for such data becomes apparent during instruction of City's personnel. Charts of valve tag numbers, with location and function of each valve List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage Other data as required under pertinent Sections of Specifications 30 1.7 CLO5EOUT SUBMITTALS [NOT USED] 31 1.8 MAINT�NANCE MATERIAL SUBMITTALS [NOT USED] 32 1.9 QUALITY ASSURANCE 33 A. Provide operation and maintenance data by personnel with the following criteria: 34 1. Trained and experienced in maintenance and operation of described products 35 2. Skilled as technical writer to the extent required to communicate essential data 36 3. Sltilled as draftsman competent to prepare required drawings Water Main Improvements on Western Center Boulevard CITY OF FORT WORTH fi•om Lou Menk Drive to Old Denton Ro�d STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (Nordi Tarrant Express — Segment 3B) Revised December 20, 2012 City Project No. 02051 O17823-5 OPERATION AND MAINTENANCE DATA Page 5 of 5 1 1.10 DELNERY, STORAGE, AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2- PRODUCTS [NOT USED] 5 PART 3- EXECUTION [NOT USED] 6 7 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1 — title of section removed � W�ter Main Lnprovements on Western Center Boulevard C1TY OF FORT WORTH from Lou Menk Diive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tarrint Express — Segment 3B) Revised December 20, 2012 Ci[y Project No. 02051 01 78 39 - 1 PROJECT I2ECORD DOCUMENTS Page 1 of 4 1 2 3 PART1- GENERAL 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1.1 SUMMARY SECTION Ol 78 39 PROJECT RECORD DOCUMENTS 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 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 23 1.5 SUBMITTALS 24 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 25 City's Project Representative. 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 30 31 32 33 34 35 36 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 pocuments 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. Water M�in Improvements on Western Center Boulevard CITY OF FORT WORTH from Lou Menk Drive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North T�n•ant Express — Segment 3B) Revised July l, 2011 City Project No. 02051 O1'7839-2 PROJECT RECORD DOCUMENTS Page 2 of 4 1 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 2 infarmation that the change has occurred. 3 4. Provide factual information regarding all aspects of the Work, both concealed and 4 visible, to enable future modification of the Work to proceed without lengthy and 5 expensive site measurement, investigation and examination. 6 1.10 STORAGE AND HANDLING 7 A. Storage and Handling Requirements 8 L Maintain the job set of Record Documents completely protected from deterioration 9 and from loss and damage until completion of the Worl< and transfer of all recorded 10 data to the final Project Record Documents. 1 I 2. In the event of loss of recorded data, use means necessary to again secure the data 12 to the City's approval. 13 a. In such c�se, provide replacements to the standards originally required by the 14 Contract Documents. I S 1.11 FI�LD [SITE] CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART 2 - PRODUCTS 18 2.1 OWNER-FURNISHED (oa] OWNER-SUPPLIED PRODUCTS [NOT USED] 19 20 21 22 23 24 25 26 27 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, �t no charge to the Contractor, 1 complete set of all Documents comprising the Conti�act. 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 US�D] 2.4 SOURCE QUALITY CONTROL [NOT USED] 28 PART 3 - EXECUTION 29 3.1 INSTALLERS [NOT USED] 30 31 32 33 34 35 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". Water Main Improvements on Western Center Boulevard CITY OF FORT WORTH fi�om Lou Menk Drive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCllMENTS (North Tan•ant Express — Segment 3B) Revised July 1, 20l 1 City Project No. 02051 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 017839-3 PROJECT RECORD DOCUMEN7'S Page 3 of 4 �� 3. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be eaken out for new entries and for examination, and the conditions under which these activities wili 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. Coordination with Construction Survey a. At a minimum, in accordance with the intervals set forth in Section Ol 71 23, clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a"cloud" drawn around the area or areas affected. 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 schematicaliy 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 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 Revised July l, 201 l W�ter Main ]mprovements on Western Center Boulevard from Lou Menk Drive to Old Denton Road (North Tarrant Express — Segment 3B) City Project No. 02051 017839-4 PROJECT RECORD DOCUMENTS P�ge 4 of 4 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2l 22 23 d. Malce changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other pocuments a. If the Documents, other than Drawings, have been lcept 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 US�D] 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 24 Water M�in Improvements on Western Center Boulevard CITY OF FORT WORTH from Lou Menk Drive to Old Denton Ro�id STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tanant Express — Segment 3B) Revised Jtdy l, 201 l City Peoject No. 02051 ►��.��►:� GC-4.01 Availability of Lands — NONE GC-4.02 Subsurface and Physical Conditions — NONE GC-4.04 Underground Facilities — NONE GC-4.06 Hazardous Environmental Condition at Site - NONE GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities — NONE GC-6.24 Nondiscrimination — NONE GR-01 60 00 Product Requirements CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July l, 2011 Water Main Improvements on Westecn Center Boulevard from Lou Menk Drive ro Old Denton Road (North Tairant Express — Segment 3B) CITY PROJECT NO. 02051 GC-4.01 Availability of Lands NONE CI7'Y OF FORT WORTH � STANDARD CONS'I'RUCTION SPECIFICATION DOCUMENTS ; Revised July l, 201 l Water Main Lnprovements on Western Center Boulevard from Loa Menk Drive to Old Denton Road (North T�rran[ Express — Segment 3B) CITY PROJECT NO. 02051 GC-4.02 Subsurface and Physical Conditions �� CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMEN7'S Revised July (, 201 l Water Main Improvements on Western Center Boulevard from Lou Menk Diive ro Old Denton I2oad (North T�rr�nt Express — Segment 3B) CITY PROJECT NO. 02051 GC-4.04 Underground Facilities NONE Water Main Lnprovements on Wes[ern Center Boulevard C1TY OF FORT WORTH finm Lou Menk Drive ro Old Uenron Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North T�rr�nt Express — Segment 3B) Revised July l, 201 I CITY PROJECT NO. 02051 GC-4.06 Hazardous Environmental Condition at Site NONE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMEN'I'S Revised July 1, 201 l Water Main Improvements on Western Center Boulev�rd from Lou Menk Drive ro Old Denton Road (North Tan�lnt Express — Segment 3B) CITY PROJEC'I' NO. 02051 GC-6.06.D Minority and Women Owned Business Enterprise Compliance THIS PAGE LEFT INTENTIONALLY BLANK C1TY OF FORT WORTH STANDARD CONSTRUC7'ION SPECIFICATION DOCUMENTS Revised July I, 20ll Water M1in Improvements on Western Center Boulevard from Lou Menk Drive to Old Denton Ro1d (Nortl� T<trrant Express — Segment 3B) CITY PROJECT NO. 02051 FORT WORTH City of Fort Worth Minority Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is greater than $50,000, then a MBE subcontracting goal may be applicable. If the total dollar value of the contract is $50,000 or less, then an MBE subcontracting goal is not I applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance applies to this bid. MBE PROJECT GOALS The City's MBE goal on this project is 15 % of the total bid (Base bid applies to Parks and Community Services). Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. COMPLIANCE TO BID SPECIFICATIONS On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are required to comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation, or; 3. Good Faith Effort documentation, or; 4. Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the MBE documentation in person to the appropriate employee of the managing department and obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the time allocated. A faxed copy will not be accepted. 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no MBE participation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perForm all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/VI/BE Office at (817) 212-2674. Rev. 5/30/12 ATTACHMENT1A Page 1 of 4 FORT WORTH City of Fort Worth MBE Subcontrac#orslSuppliers Utilization Form PRIME COMPANY NAME: Check applicahle block to describe prlme Atkins Bros. Equipment Co., Inc. PROJECT NAME: MNV/DBE � NON-Nll/WDBE Water Main Im rovements on Western Center Blvd B�DDATE p March 14, 2013 City's MBE Project Goal: Prime's MBE Project Commitment: PROJECT NUMBER 15 0�0 15 0�o Q205 � Identify all subcontracfiors/suppliers you will use on #his project Failure to camplete this form; in its entirety wifh requested documentation; and received by the Managing Department on or before 5:00 p.m. five (5} City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with •the MBE firm(s) listed in this utilizafiion schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications MBEs listed toward meeting the project goal must he located in the six {6) county marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Dallas, Denton, Johnson. Parker, and Wise counties. Idenfify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 15` tier, a payment by a subcontractor to its supplier is considered 2"d tier ALL MBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, Iocated within the Marketplace, that have been determined to be a bondafide minority business enterprise by the North Central Texas Regional Certification Agency (NC7RCA) or other certifying agencies that the City may deem appropriate and accepted by the Cify of Fort Worth. tf hauling services are utilized, the prime will be given credit as long as the MBE listed owns and operates at least one fully licensed and operationaL truck to be used on the contract. The MBE may le__ase trucks from another MBE firm, including MBE owner-operators, and receive full MBE credit. The MBE may lease trucks from non-MBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the MBE as outlined in the lease agreement. � — ,� �`i.�� , �. %�Ij:� Rev. 5l30/12 I'URT V�'rURTH ATTACHMENT 1A `J'`� Page 2 of 4 s Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Mihority and non-MBEs. MBE firms are to be listed first, use additional sheets if necessary. If a subcontractor/supplier is identified as an SBE, please attach a copy of the firm's SBE certification if they have not previously registered with the City's M/WBE Office, which may be contacted for verification. Please note that onl certified MBEs will be counted to meet an MBE oal. Attach N NCTRCA Certificate � SUBCONTRACTOR/SUPPLIER 7 n Detail Detail Company Name i Subcontracting Supplies Address e M W S M Work Purchased Dollar Amount TelephonelFax r B B e B E E E E GHR CONCREI'E INC. PAUL GONZALES e��, 2518 BUTTONWOOD FLOWER M�UND, TEXAS �❑ ❑ Sc�w C�'�nc� ' �1 ?�'000.00 75028 214-232-3622 HMM653945M0613 � TED ALVAREZ 4906 OAKHOLLOW GRAND PRAIRIE, � � � �rjO,OOO.00 TEXAS 75052 214-395-1832 HMDB5�712Y0912 �D�� R,�m,o�c..� i�i�ri (So;�Qo�uv BURTON TRUCKING P.O. BOX 39 KELLER, TEXAS 76244 � � � . �4,000.00 $17-379-1517 � - �, R.ne�- WALTON CONCRETE ,�m�-� a�a� �w� � c�.��-��,—��. �500` �❑ ❑ �42,000.00 BMMB5353'I N0513 �� /� �i��R.�C ww%t�.. � l �1�9 -- a 3 3-'3 t 2 t � �.Q.. FERGUSON WATERWORKS . P.O. BOX 847411 � `�,J n- ' $141 ,��.�� DALLAS, TEXAS � � � ��`0 ��'��'�`'� 75284-7411 �� _�"Y" J LONGHORN ROAD & BORING P.O, BOX 81 Q001 DALLAS, TEXAS � ❑ ✓ �� /� ` ' �2rJ,O�O.00 75381-1001 � 972-241-8686 ` �� Rev. 5/30112 FORT tiVUlt'1'H ATTACHMENT 1A ■ Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i,e., Minoriry and non-MBEs. Please list MBE firm's first, use additional sheets if necessary. If a subcontractor/supplier is identified as an SBE, please attach a copy of the firms SBE certification if they have not previously registered with the City's M/WBE Office which may be contacted for verification. Please note that onl certified MBEs will be counted to meet an MBE oal. Attach N NCTRCA Certificate ° SUBCONTRACTOR/SUPPLIER T n Detail Detail Company Name i Subcontracting Supplies Address e M W S M Work Purchased Dollar Amount TelephonelFax r B B B B E E E E BARSON UTILITIES, INC 5326 WEST LEDBETTER RD � DALLAS, TEXAS 75236 � � � 214-796-4899 , ��, O�o `� A-1 GRASS CO. 1320 14TH ST PLANO, TEXAS 74074 ❑ ❑ � C (la.t�0 c� e� '� �. 0 �, `'d MULLIS, NEWBY & HURST RAY WATSON ❑ ❑ � 16600 DALLAS PKWY �,�� DALLAS, TEXS 75248 972-2Q1-1001 �ls � 10� O�D,�� UNITED SITE SERVICES DEBBIE P.O. BOX 2273 MANSFIELD, TEXAS � � ✓ 76063-2273 $17-477-5200 �� o?5pp,`� AMERICAN BARRICADE 107 E. ENON AVE. _ _ --- -- --- - _ __ _ - -- - - - — - - - - - -- - EVERMAN, TEXAS - �/ 76140 � d� � � � '� 15, op0.�'' TXI P.�, BOX 840300 ��- 1;Rmta�*��1 DALLAS, TEXAS 75284-03a0 � � '� �,� _�� `� �dy09�.� � �� Rev. 5/30/12 Fox_ r� H ATTACHMENT1A Page 4 of 4 Total Dollar Amount of MBE Subcontractors/Suppliers � 105,000.00 Total Dollar Amount of Non-MBE Subcontractors/Suppliers � 337,367.00 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORSISUPPLIERS � 442,367.00 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Ofifice through the submittal of a Requesf for Approval o Change/Addifior► form. Any unjustified change or deletion shall be a material breach af contraet and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed MBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and any special arrangements with MBEs. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers participating on the contract that will substantiate the actual work perFormed by the MBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of the contract and may result in a determination of an irresponsible Offeror and debarment from participating in City work for a periad of time not less than one (1) year. ��G� �-�",�''"�� Authorized Signature President Title Atkins Bros. Equipment Co., Inc. Company Name P.O. Box 990 Address Midlothian, Texas 76�65 CitylSfatelZip Mike Atkins Printed 5ignature Diana Littrell, Secretary Contact Name/Titfe (if different) 972-723-1044 Telephone andlor Fax dilittrell@att.net E-mail�ladress -- — March 19, 2013 �ate Rev. 5/30l12 (Form 4) CiTY O� �"ar� Worth St1ECt7NTRACTOR IiUTE�17 F�iRCvl T0: Ciry nf f�ort Forth DATE: �3 / 19 1 13 Business Develapment & Procurernent 5ervices ��"�� Water M�in littprovements on V'Vestem Center Project tdame and tVumber. 131vu � C�ntract i+U�05 i Eiid Pimount: �699.8G7.G'0 M/WBE/Of3� Particspation Ampunt; $S�).Up0.06 7'ed Alvarez'll-cicking Co, may p;ov;de !ha iollawiny ._. _. — ----- ----- _____.__.._ .._�.- -- -- _ _ . __ MIW[3E subcon?ractor good (s;/ser�ice(sj Sai{ Ret�tovai tu /htki«s T3ec>s. Bquip._co., lnc. --�—�-- --...-- -- Prime Contracto- :1'etl flivarez'!'ruckiTtg (._c�. ------ �vip be funckioning as: MNV13F 6uhcnnfcactor An Individual A ParinersYrip A Carporatfon �LC � A Joirt Vent!.ire Gihar: and is currently CErtilied by: \C"CRCA Certificafion Nurnber: (� FIMUBSC��IZYOJl2 l�ite undersigned intendy io enter into a formal agreement with the subcnntractor tisted, conditioned upon beiny awardsd ti�e City of Fort N,'orih cnniract. IP any changes are made to ihis tisl, the prime contractor must ,ubmit to the Ciy tQr aporovai a revised sCh�dule with dooumented explanaticns /or the changas. Failure to ccmply vrith ihis proviSion could resul, in tarmin&tien of p�e contract, sai�c.ions �yain�l ihe prime cvntrac[pr, andlor ;neligiG�lity for ,`utcare C;ry enrtracts. {nienGonal misrepresentation cou(d result in criminel��rosecut�on. ' r � ^ � •r/ / � ° - / � , _ / _.. �..%'��l �( � � _. -C.< �./.( ..__. �L , car's Sig alure Pii :P, �or�tfac.to!) OfficePs 5ignalur2 (�Ii.M!$ElDBE Subccnyi�arctors` i %' % Jermifer Liftreli ----� �� _? ��- _ Frinted N2me (Prime Cont�ac[or) Rrinted Name (rA1YV E!fJBE Subcunkrac(er) 130c7i: Kefpff � .1 � . ��^ �:5.%�-----'--------'• ��.--- '�iUe (Prime Gontracfor) V 7it1e (MIVvaE/t78E $ubcontraCtor) U�I19i?013 03�191.',t?1 � — -- --------- --------------- ---------------.....- -- UBte Date � (Form 4} C(�'Y t7� Fort VVarth SUBCONTRAGTORINTENT'FORM I i � l� `� :,, : T0: City af Fort Forlh DATE: (�3 J 19 J 13 Business Uevelopment & Procurement Services � �Vater Main lmproveinerits on �Veste�7� Cente;r Projec! Name and Nurnber. I31vd � # CUlitract Np2051 Bid Amount: $699,Rb7.00 M/WE3E/DBE �articipation Amount: $13,000,00 Cif iR C��na�ete Inc, _ may provide the foliowinc� --__�___...,------ T._.__..._,�. �—._...,__.._...___�_..�_ . M/WBE 5ubcon;ractor good (s)/serviceis) Concrete sati�� cutcin� �o ACkins 13ros. rquip. co„ Inc, J � Prime Contractor {`}i12 Cuncrete inc. �rrill be functioning as: . . _._.. _ __..,_._._..._ _____ . .. . _�_...._._._..._....._....--- . — �...�... MMJHE 5ubcantractor An htdividual A Partnership A Corporation LLC A Joint Venture pther; and is currently certi!ied by: NC'1'RCA Cerlification Number, � 7•Ii�'tN1B5394�N0613 The undersigned intends to enter into a formal ac�reement wlth lhe subcaniractor listed, conditioned upon being awarded the City of Fort Worth contract. If any chanpes are made to this list, the prime contractor must submit to the City (ar approval a revised scheduie with documented explana:ions (or the clianges. Failure to comply with ihis provision could res�l.t in termination a( the contract, sanelions against the prime contractor, andlor ineligibility for future Ciiy contracts. Inlentionai rnisrepresentaSinn_could result in criminal aroseculian. �.�_ _. -----. n _ n , , n �1'� � � � .�..-r�7 .� - -�"� . O ic -rs 5(gnature ( ri � Con!racior) Jeitnii'er Lictrel; Printed Name (Prime Goniractor) Book Kee �� . 'I'iile (Pri�ne Coniractor) 03r 1 I'2013 Oate (hhJ1NF3ElDBc SuUcontractory prinled Namc (MNVBEIDBE 5ubcontractor) ��-�� .�.:��- __ _�_.._�._--� Tit1e (MlWBE/DBE�S�6contractor) 03/ 19; 2013 ^ Qa[e . _. ------ . _?i (Form 4) CITY OF Fort Worth SUBC�NTRACTORINTENTFORM T0: Cify of Fort Forth DATE: p3 / 19 / 13 Business Development & Procurement Services Water Main Iruprovements on Western Center Project Name and Number: Blvd # Contract #02051 Bid Amount: $699,867.00 M/WBE/DBE Participation Amount: $42,000.00 Walton Concrete Construction may provide the following M/WBE Su6contractor good (s)/service(s) Concrete to Atkins Bros. Equip. co., Inc. Prime Contractor Walton Concrete Const�-uction M/WVBE Subcontractor An Individual A Partnership will be functioning as: A Corporation LLC �_ A Joint Venture and is currently certified by: NCTRCA Certification Number: # BMMB53531N0513 Other: The undersigned intends to enter into a formal agreement with the subcontractor listed, conditioned upon being awarded the City of Fort Worth contract. If any cfianges are made to this list, the prime contractor must submit to the City for approval a revised schedule with documented explanations for the changes. Failure to comply with this provision could result in termination of the contract, sanctions against the prime contractor, andior ineligibility for future City confracts. Intentional misrepresentation could result in criminal orosecution. ff er's Signatu rime Contractor) Jennifer Littrell Printed Name (Prime Contractor) Book Keeper Tifle (Prime Contractor) Office�'s 8ig ature (/UVB Subcontr ctor) Ale.� U�-)G� �-hlY1 Printed Name (M/WBElDBE Subcontractor) �Pr� . Title (M/WBE/DBE Subcontractor) d3/ 19/2013 Date 03/19/2013 Date FORT Wl'�RTH City of Fort Worth Prime Contractor Waiver Form ATTACHMENT 1 B Page 1 of 1 PRIME COMPANY NAME: Check applicable block to describe prime PROJECT NAME: � M/W/DBE NON-M//WDBE BID DATE City's MBE Project Goal: Prime's MBE Project Commitment: PROJECT NUMBER % % If both answers to this form are YES, do not complete ATTACHMENT 1C (Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1 C. This form is only applicable if �th answers are yes. Failure to complete this form in its entirety and be received by the Manaqinq Department on or before 5:00 p.m., five (5) Citv business days 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 bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) on this contract, the payment therefore and any proposed changes to the original MBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature Title Company Name Address City/State/Zip Printed Signature Contact Name (if different) Phone Number Fax Number Email Address Date Rev. 5/30/12 ATTACHMENT 1C Page 1 of 3 FORT VVORTH City of Fort Worth MBE Good Faith Effort Form PRIME COMPANY NAME: Check applicable block to describe prime PROJECT NAME: M/W/DBE NON-M!/WDBE BID DATE City's MBE Project Goal: Prime's MBE Project Commitment: PROJECT NUMBER % % If the Offeror did not meet or exceed the MBE subcontracting goal for this project, the Offeror must complete this form. If the Offeror's method of compliance with the MBE goal is based upon demonstration of a "good faith effort", the Offeror will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 11 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation of the facts or intentional discrimination by the Offeror. Failure to complete this form, in its entirety with supporting documentation, and it being submitted to and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity for the completion of this project, regardless of whether it is to be provided by a MBE or non-MBE. IDO NOT LIST NAMES OF FIRMS) On all projects, the Offeror must list each subcontracting and or supplier opportunity regardless of tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Rev. 5/30/12 ATTACHMENT 1C Page 2 of 3 2.) Obtain a current (not more than two (2) months old from the bid open date) list of MBE subcontractors and/or suppliers from the City's MIWBE Office or the City's website. Yes Date of Listing No 3.) Did you solicit bids from MBE firms, within the subcontracting andlor supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? ❑ Yes (If yes, attach MBE mail listing to include name of firm and address and a dated copy of letter mailed.) �No 4.) Did you solicit bids from MBE firms, within the subcontracting andlor supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? �Yes (If yes, attach list to include name of MBE firm, ep rson contacted, phone number and date and time of contact.) �No 5.) Did you solicit bids from MBE firms, within the subcontracting andlor supplier areas previously listed, at least ten calendar days prior to bid opening by facsimile (fax), exclusive of the day the bids are opened? _aYes (If yes, attach list to include name of MBE firm, fax number and date and time of contact. In addition, if the fax is returned as undeliverable, then that "undeliverable confirmation" received must be printed directly from the facsimile for proper documentation. Failure to submit confirmation and/or "undeliverable confirmation" documentation may render the GFE non-responsive.) �_ No 6.) Did you solicit bids from MBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by email, exclusive of the day the bids are opened? �Yes (If yes, attach email confirmation to include name of MBE firm, date and time. In addition, if an email is returned as undeliverable, then that "undeliverable message" receipt must be printed directly from the email system for proper documentation. Failure to submit confirmation and/or "undeliverable message" documentation may render the GFE non- responsive.) �No NOTE: The four methods identified above are acceptable for soliciting bids, and each selected method must be applied to the applicable contract. The Offeror must document that either at least two attempts were made using two of the four methods or that at least one successful contact was made using one of the four methods in order to be deemed responsive to the Good Faith Effort requirement. NOTE: The Offeror must contact the entire MBE list specific to each subcontracting and supplier opportunity to be in compliance with questions 3 through 6. 7.) Did you provide plans and specifications to potential MBEs? �_Yes �_No 8.) Did you provide the information regarding the location of plans and specifications in order to assist the MBEs? _QYes �_No Rev. 5/30/12 ATTACHMENT 1C Page 3 of 3 9. Did you prepare a quotation for the MBEs to bid on goods/services specific to their skill set? YeS (If yes, attach all copies of quotations.) No 10.) Was the contact information on any of the listings not valid? �_Yes (If yes, attach the information that was not valid in order for the M/WBE Office to address the corrections needed.) �_No 11.)Submit documentation if MBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the MBE was rejected and any supporting documentation the Offeror wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the Offeror will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. P/ease use additional sheets, if necessa , and attach. Com an Name Tele hone Contact Person Sco e of Work Reason for Re'ection ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain MBE participation on this project. The Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance shall create a material breach of Rev. 5/30/12 ATTACHMENT1C Page 4 of 3 contract and may result in a determination of an irresponsible offeror and debarment from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the MBE(s) listed was/were contacted in good faith. It is understood that any MBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. Authorized Signature Title Company Name Ad d ress CitylState/Zip Printed Signature Contact Name and Title (if different) Phone Number Fax Number Email Address Date Rev. 5/30/12 Joint Venture Page 1 of 3 FORT W�RTH Name of City project: 1. Joint venture information: CITY OF FORT WORTH MBE Joint Venture Eligibility Form A/l r�ttestions intts! be nnswered; trse "N/fl " if not npplienble. A joint venture form must be completed on each project RFP/Bid/Purchasing Number: Joint Venture Name: Joint Venture Address: (If applicnb(e) Telephone: Facsimile: E-mail address: Cellular: Identify the firms that comprise the joint venture: Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the joint venture MBE firm Non-MBE firm name: name: Business Address: Business Address: City, State, Zip: City, State, Zip: Telephone Facsimile E-mail Telephone Facsimile Cellular Cellular Certification Status: E-mail address Name of Certifying Agency: 2. Sco e of work erformed b the Joint Venture: Describe the sco e of worlc of the MBE: Describe the sco e of worlc of the non-MBE: Rev. 5/30/12 Joint Venture Page 2 of 3 3. What is the percentage of MB� participation on this joint ventui�e that you wish to be counted toward meeting the project goal? 4. Attach a copy of the joint venture agreement. 5. List components of ownership of joint venture: (Do �7ot complete if this infornratio�a is described ri7 jani i�e�7tui•e ng��eemei7!) Profit and loss sharing; Capital contributions, including ec�uipment: Other applicable ownership interests: 6. Identify by name, race, sex and firm those individuals (with titles) who are responsible for the day-to-day management anci decision making of the joint venture: Financial decisions (to indude Account Payable and Receivable): Management decisions: a. Estimating b. Marketing and Sales c. Hiring and Firing of management personnel d. Put•chasing of major equipment and/or supplies Supervision of field operations The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the MBE percentage applied toward the goal for the project listed on this form. NOT�: From and after the date of project award, if any of the participants, the individually defined scopes of work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's M/WBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the City's BDE Ordinance. Rev. 5/30/12 Joint Venture Pa e3of3 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all matecial information necessaiy to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of worlc, decision-malcing responsibilities and payments herein. The City also i•esei•ves the right to request any additional information deemed necessa�y to determine if the joint venture is eligible. Failut•e to cooperate and/or provide requested information within the time speciiied is grounds for termination of the eligibility process. The undersigned agree to permit audits, intervie�vs with owners and examination of the books, records and files of the joint venture by any authocized representatives of the City of Fort Woj-th. Failu��e to comply with this provision shall result in the termination of any contcact, which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false _statements or willful misre�resentation of facts.______________ _ - --------------------------------------- - ---------------------------------------------------------------------------------------------------------- Name of MBE firn� Name of non-MBE firm Printed Name of O�vner Printed Name of Owner Signature of Owner Signature of Owner Printed Name of Owner Printed Name of Owner Signature of Owner Signature of O�vner Title Tide Date Date Notarization State of County of On this day of , 20 , before me appeared and to me personally known and who, being duly sworn, did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as thei�� fi•ee act and deed. Notaty Public Print Name Notaty Public Signa[ure Commission Expires _ (senl) Rev. 5/30/12 GC-6.07 Wage Rates �� , � � � Water Main Improvements on Western Center Boulevard CITY OF FORT WORTH fi•om Lou Menk Drive to Old Denton Road STANDARD CONSTRUCT[ON SPECIFICATION DOCUMENTS (North T�nant Express — Segment 3B) E Revised July 1, 201 l CITY PROJECT NO. 02051 City af F'ort Worth, Texas Mayor and Counci� Communicatian ..�.�� COUNCIL ACTCON: Approved on 7/8/2008 �, ,�..,�..,-.-r._.�-.�.� -�..-.�,�tia DATE: Tuesday, July 08, 2QQ8 LOG NAME: 30WAGE RATES REFERENCE NO.: �*G-16190 SUBJECT: Adopt 2008 Prevailing Wage Rates far City-Awarded Public-Works Projects a *�.r_�aa� �.=s.s��r . � +:��ar�m_.-rr"--��c,�mo•.:zrar.v R�CUMMENDATION: It is recommended that the City Council adop# the attached 2008 Prevailing Wage Rates for City-awarded pubiic works projects. DISCUSSION: Texas Government Code Chapter 2258 requires that a pubiic body awarding a contract for public works shafi determine the general prevai(ing rate cif per diem wages for each craft or type of worker needed fo execute the contract, and shall specify In the bid documents and in the contract the prevailing wage rates in that locality. = Each year The Quain Chapter of the Associated Gen�ral Cantractors, in conjunction with the Association of Builders and Contractors (ABC) and ihe American 5ub-Contractors Assaciation (ASA), conduc#s a wage rate survey far North Texas construction. The attached 2008 Prevailing Wage Rate data was compiled from that survey. �fSCAL IN�ORMATION/C�RTIFlCATI4N: The Finance Direc#or certifies that this action will have no maierial effect on City funds. TO FundJAccountlCenters FROM FundlAccount/Centers ,��., � � ��a�� . ��-�u Submii#�d for Cit Manager's Office b� Originatin Depar#ment Nead: Additional Infarmaiion Cantact: Fernando Costa {8476) A, Dauglas Rademak�r (6157) Eric Bundy (7598) HEAVY & HIGHWAY CfJNS'TRUCTION PREVAILING WAGE RATES 2�08 Air Tool OU�rator Asphalt Distributor Opei•ator Asphalt Pavitlg Machine Operator Asphalt Raker Asphalt Shoveler Batching Plant Wei�her Broom or S�veeper Operafor Bulldozer Operal:or Carpenter Concrete Finisher, l'aving Cancrete Finisher, Structures Coracrete I'aving Curbing Machi��e Operator Conerete Paving Finishing Machine Opef�atoz• Coa�crete Paving Joint Sealer Opez•ator Concrete p�tving Saw Operator Concrete Paving S�reader Operator Concrete Rubber Crane, Clamsheil, Backhoe, Derrick, D�-a�line, Shovel Electrician Flagger Foz•m Builder/Setter, Structures Form Setter, Paving & Curb �oundation Drill Qperator, Ct'awler Mounted Foundation Drill Operato�•, Tz�uck Mounted Fro�at End Loader Operato�� Laborer, Cornmon Laborer, Uti]it� Mechanic Milling Machine Operator, Fine Grade Mixer Operaior Motor Grader �perator, Fii�e Grade �Motor Grader Operator, Rau�h Oiler ... �.--__ Painter, Structures Pavement Marlcing Macl�.ine Operatoc ' Pi ela er Reinfarcing Steel Setter, Paving Reinforcing Stee] Setter, Structure Koller O erator, Pi�eun�atic, Self-Pro elled Roller Q erator, SteeI Wheel, Fiat Wheel/Tam in Roller O erator, Steel Wheel, Plant Mix Pavement Scra er O �rator Service�� Sli I�'orm Machine O erator S z•eader Box O erator Tractor O erator, Crawler Ty e Tz•actor O eratar, Pi�el�matic Travelin Mixer 0 eraiar Truck Driver, Lowboy-Float Truck Driver, Sin ]e Axle, Heavy Truek Driver, Sin le Axle, T�ight Tiuck Driver, Tandem Axie, Semi-Trailer Truck Drive�•, Transit-Mix Wa on Drill, Borin Macl�ine, Post Hole Driller O e� Welder Work 7one Bax�•icade Servicer �ro.o� $13.99 $12,7$ $I1.0� $ 8.80 $14.15 $ 9.58 $13,22 $12.80 $12.85 $13.27 ' �zz.00 $ l 3.63 $12.50 $13,56 $14,50 $10.61 $14.12 �is.rz $ s.43 $11.63 $11.83 $13,67 $ i 6.30 $12.b2 $ 9.18 $10,65 $16.97 $1 I.$3 $11,58 $15.20 $14.50 $ I4.93 $13,17 $10.04 $11.04 $14,86 $16,29 $11,07 ' $10.92 $11.28 �11.42 $12.32 $12.33 $ l 0.92 $12,60 $12.91 $12.03 $14,93 $11,47 $10.91 $11.75 $12.0$ $14.00 $13.57 $ ] 0.09 2008 PREVAILING WAGE RATES CONSTRUCTION lNDUSTRY AC Mechartic AC Mechanic Acoustical Ceiling Mechanic BricklayerlStone Mason RricklaYer(Stone Mason Net Concrete Finisher Concrete F'orm Builder Drvwatt Mechanic Etectrician (Journeym �lecCrician Melper �lectronic Technician Electronic Technician Floor Floor Glazier Helper Insulator insulator Nelper Laborer Comman Laborer Skilled Lather PainCer Ptasterer Ptaseerer 21.69 Ptumber 12.00 Plumber Nelper 15.24 Reinfarcing Steel Setter 19.12 Roofer 90,10 Roafer Helper 16.23 Sheet Metat Worker 11.91 Sheet Metal Warker Nelpe 13.49 S rinkler System Instatler 13.12 Sprinkter 5 stem Instalter 14.b2 Steel Worker Structural j10,91 Concrete pump Crane, Clamsheet $13.00 Shovel $9.00 Forklift $20.20 F'rant End l.oader $14,43 Truck Driver $19.8b Wetder $12.00 Welder Het er $20.00 $13.00 $18.0� $13.00 $14.78 1 U, 27 13.18 16,10 $8.00 18.85 12.83 17,25 12.25 , D'Line Z0.43 19.90 10.0� 14.00 i70,00 >16.9b i12.31 >18,00 $9.00 $17.43 $20,50 $17,76 $12.63 $10.5Q $14.91 $16.Ob $9,75 GC-6.09 Permits and Utilities NONE ; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 20ll Water Main Improvements on Western Center Boulevard from Lou Menk Drive to Old Denron Ro�d (Nartt� Tan•ant Express — Segment 3B) CITY PROJECT NO. 02051 GC-6.24 Nondiscrimination NONE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July i, 2011 Water Main Improvements on Western Center Boulevard from Lou Menk Ddve to Old Denron Road (North T�rrant Express — Segment 3B) CITY PROJECT NO. 02051 GR-01 60 00 Product Requirements THIS PAGE LEFT INTENTIONALLY BLANK Water Main Improvements on Western Center Boulevard C1TY OF FORT WORTH from Lou Menk Drive to Old Denton Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS (North Tarrant Express — Segmen[ 3B) �' Revised July l, 2011 CITY PROJECT NO. 02051 i CITY OF FORT WORTH WATER DEPARTMENT'S UPDATED: 2-29-2012 STANDARD PRODUCTS LIST Approvai �.;:,5pec No � �Classsi�icution�".. .:.. . , ° :' ' � ' �'. t� ; �.>:� iVlunufac#prer �: ., � � . �Mode1 No:� � ' � � Nflhonal Spee Size WAST�WAT�R Manhole Inserts EI-14 �i;mholelnscrt KnulsonEntemrises �IadeloOrder-Nlusfic AS'1'AtU1248 For24"dia. * ..`�. �.E1=14 hlnnholzlnsen ��'.. ... .. . Soulhli'aternPnckaging .. .: MndetoOrdcr-Plustic ��.�. ASTh9D.i2d8 Por24"dia. EL 14 Mnnhole Insert Noitawdnlluw hfade lo Ordcr - Plaslic AS'ITI U 1245 Far 24" diu. 09/23l96 EI-id Manhoieinsert SouthwestemPacking&Scals,lnc. Li(eSaver-SminlessStecl Por24"Jin. O)/23/96 El-Id I.fanholelnsert Southa�estcmPacking&Seak,lnc. Te�hcrLok-SminlcssSicel Por24"dia Manholes & Bases/Frames & Covers/Rectaneular Manhole Prames nnd Covers \Vesicm Imn \VarF;s, dass & Nays Poundry 1 W I 24"z40" W U Afanhole Fmmes and Corers Vulcun Poundry 6780 24"x4U"WD Manholes & Bases/Frames & Covers/Standard (Roundl EI-14 M�mhole Prames nnd Cove�s \Vcslem iron \Vocks, Ba s& I luys Poundry 3 W24 2d" Uiu. ELId Manhole Fmmes nnd Covers A9cKinley Iron WorAs Inc. A 24 AN 2d" Dia. EI-14 ManholeFmmesandCovers NmnahCasting 2d"Uia. EI-14 Manhale Pramcs and Covcrs Vulcan Foundr 13d2 AS7Tt A-03 24" Diu. ELId �1anholePr.�mesandCorers Signv�Corporetion htll-144N 81-14 hianholcFmmcsandCovers Signc�Car ration rfli-Id3N EI-ld bfanholc Fnmes and Covcrs Pont-A-Mousson G'PS-5'1'U 2J" diu. EId4 �fanhaleFramesandCorers N�nahCuling 24"dia. 7/25l03 EL14 Mnnhole Fnunes and Covers Saint-Gobain Pi clinc (Pomrtx/mxus) RE32-RSFS 30" Uia. OI131/Ob EI-IJ 30" UI b1ll ltlne nnd Cocer EiuUordmi Imn N�orkt V1132-'_ ��d V Id33 Uesiens AASII'I'O �1306-04 3U" Ui:�. IV02/10 EI-14 36'UIMFIRin@undCover SigmaCo ration A1Ht651bWN8:bIHt6502 30"Dia 07/1)/(1 EI-14 30"DIkillRin nndCorcr SinrPipePn�ucls h11132FI�W5S-DC 30"Dio US/IU/I I EI-14 30" DI AiH Ring nn� Cavcr rlccu<ast 2'_07W Hcavy Duty with G;ssAct Rin@ 3U" Dia Manholes & Bases/Frames & Covers/Water Tieht & Pressure Ti�ht EI-I4 Manholc Fmmcs and Coecrs PonI-A-Mousson Panuighl 2-0" Uia. EL14 ManholcFmmesnndCorcrs N��+:�ahC�ting 2d"Uia. EL14 bianhole Prames and Covers Vulcan Foundry 23J2 ASCht A 43 2d" Uia. ' EI -14 Manholu Pmmes nnd Covers Westem tran No�F:s,Bass 3c Hu -s Foundr 300 ?4P 2A" Diu. E1-14 Manhole Frumes and Covers hlcKinle Imn Works Ine. NPA24Ah1 2J" Uiu. 03/U8100 EI-14 Manhoic Fmmzs and Corcrs Amuc:�st RG2100 AS7'A1 A d8 24" Uiu. 04/20/Ut EI-Id Mnnhole Fnmes and Corers Scmmpom Induslrics Privale Ltd. 3U0-24-?3.75 liing und Corer ASTM A J8 24" Uia. �tanholes & Bases/New/Components 07/23/J7 Urtihane H�dro hilic Nalerstop Asahi Kogyo K.K. Adeka Ultru-Seal 1'-201 ASPhi U224U/U412/U792 OA/26/W OC(set loint for 4' Uium. kIH Hunson Cancrctc P�aiucls Umwing No. 35-W-08A01 Oa/26/W Nmfle Gasket fur 4' Ui.mi. �II{, Press-Seal Gasket Co`p. 250-4G f:akcl ASTAf C-043/C-361 SS MH I2Fi/9') IIDPE hfanhole adustnxnt Ring Lndtech, Inc HppE Adjustmenl Ring Non-tmCfir arai 5/13IU5 \1.�ni I L�tcmul\Vtap C❑. 1-CPS \\r,lpidS ul\(11IliIcLn �sUlalinnS)�ICn1 Manholes & Bases/New/Precast Conerete EI-IA Munhole,NrcmatConcrelu Ii�droCondoitCoc SPLIIcmH49 AS1'A4C478 48" EI-IJ hlonhale,PncnstCancmm Wa1lConcn�ePipeCo.lne. AS'fMG4d3 4&" El-1J Manhaic,PrccastConrretc Ilanson(fornxdyGifford-llilq AS'LMC478 48" Od/26/W E-14 MH, Single O(fsel Seal loint fl�nson T�Pe F Dwg 35-0048-001 ASTM C J78 48" Dinm A1H 09/23/96 EI-14 h9anhole, Prxast ConcreW Conere�e Prcduci Ine. 48" I.U. hfanhole w/ 32" Cone AS7'Tt C 498 4'3" w/32" cone OS/30lOb EI-Id nlanholc.Pra:siCi�mcmlc 'I'hc'PumcrCumpuny 4S"I.U.�lunhoicw/2A"Cane AS"C�iCd75 d3" 10/27/06 GL N �lanhole. 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Cast Fibe�glus Hobns Pi � USA, Ina Itob;u Pi u fNon-Prcssure) AST\t U3262/U375J 10l30/03 Elaxaite Amitreh USA Prepared 2/29I2012 Page 1 CITY OF FORT WORTH WATER DEPARTMENT'S UPDATED: 2-29-2072 STANDARD PRODUCTS LIST Prepared 2@9/2012 Page 2 i i CITY OF FORT WORTH WATER DEPARTMENT'S UPDATED:2-29-2072 STANDARD PRODUCTS LIST Prepared 2J29I2012 Page 3 CITY OF FORT WORTH WATER DEPARTMENT'S UPDATED: 2-29-2072 STANDARD PRODUCTS LIST Prepared 2/29/2012 Page 4