HomeMy WebLinkAboutContract 44146FORT WORTH
PROJECT MANUAL
FOR
THE CONSTRUCTION OF
CITY SECRETARY L0 L l Le
CONTRACT NO.
Rolling Hills Water Treatment Plant
Filter Underdrain Cap Replacement Project
City Project No. WTR-2012-000032
Betsy Price Tom Higgins
Mayor City Manager
S. Frank Crumb, P.E.
Director, Water Department
Andrew T. Cronberg, P.E., Assistant Director
Charly C. Angadicheril, Assistant Director
Prepared for
The City of Fort Worth
2012
By:
CDM Smith Inc.
TBPE Firm No. F-3043
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„lc,I
i....i %••
i J. DAN SHANNON
r'° 57897
.
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OFFICIAL RECORD
CITY SECRETARY
P1: WORN Tx
02-01-13 P01:59 IN
Division 00
00 05 10
00 05 15
00 11 13
00 21 13
00 35 13
00 41 00
00 42 43
00 43 13
00 43 37
00 45 11
00 45 26
00 45 39
00 52 43
00 61 13
00 61 14
00 61 19
00 61 25
00 72 00
00 73 00
Part D
Division
01005
01010
01025
01040
01170
01200
01300
01315
01500
01510
01600
01700
01710
01720
01740
SECTION 00 00 00
TABLE OF CONTENTS
- General Conditions
Mayor and Council Communication
Addenda
Invitation to Bidders
Instructions to Bidders
Conflict of Interest Affidavit
Bid Form
Proposal Form Unit Price
Bid Bond
Vendor Compliance to State Law Nonresident Bidder
Bidders Prequalifications
Contractor Compliance with Workers' Compensation Law
Minority and Women Business Enterprise Goal
Agreement
Performance Bond
Payment Bond
Maintenance Bond
Certificate of Insurance
General Conditions
Supplementary Conditions
Special Conditions
1— General Requirements
Abbreviations
Summary of Work
Measurement and Payment
Construction Sequence
Special Provisions
Project Meetings
Submittals
Construction Scheduling
Temporary Facilities
Construction Temporary Controls
Delivery, Storage, and Handling
Contract Closeout
Cleaning
Project Record Documents
Warranties and Bonds
Division 2 - Sitework
02050 Demolition
Division 13 — Special Construction
13226 Filter Media and Support Gravel
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 9, 2011
00 00 00 - 1
TABLE OF CONTENTS
Page 1 of 1
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
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000510-1
MAYOR AND COUNCIL COMMUNICATION (M&C)
Page 1 of 1
SECTION 00 05 10
MAYOR AND COUNCIL COMMUNICATION (M&C)
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
M&C Review
Page 1 of 2
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 1/8/2013
Official site of the City of Fort Worth, Texas
FORT WORTil
DATE: 1/8/2013 REFERENCE NO.: **C-26043 LOG NAME: 60ROLLING HILLS FILTER
CAP REMOVAL
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Contract with Red River Construction Co. in the Amount of
$571,000.00 for the Rolling Hills Water Treatment Plant Filter Cap Removal Project
Located at 2500 Southeast Loop 820 (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a contract with Red River
Construction Co. in the amount of $571,000.00 for the Rolling Hills Water Treatment Plant Filter Cap
Removal Project located at 2500 Southeast Loop 820.
DISCUSSION:
On August 12, 2003, (M&C C-19707) the City Council authorized a construction contract to upgrade
the Rolling Hills Water Treatment Plant from 160 to 200 million gallons per day capacity, which
included retrofitting the 20 existing filters by installing new granular media and replacing the existing
clay filter underdrain blocks with new PVC underdrain blocks topped with a porous plastic cap used to
evenly distribute the filtered water. From 2008 through 2011, the Rolling Hills Plant experienced
three filter failures resulting from clogging of the porous plastic cap. With the last repair in 2011, five
of the existing filters were retrofitted by removing the plastic caps and replacing them with 10 inches
of gravel. From 2011 through 2012, the performance of the filters with the gravel has been observed,
with no noticeable reduction in performance.
On January 25, 2011, (M&C C-24700) the City Council approved a general engineering support
Agreement with Camp, Dresser & McKee, Inc. On July 9, 2012 Camp Dresser & McKee, Inc.,
received a work order to prepare plans and specifications to remove the remaining underdrain caps
and replace each with 10 inches of gravel.
The project was advertised on October 11, 2012 and October 18, 2012 in the Fort Worth Star-
Telearam. On November 8, 2012, the following bids were received:
IBIDDER
1Red River Construction Co.*
(Garney Companies, Inc.
(Archer Western Contractors, LTD
(Bar Constructors, Inc.
'Ark Contracting Services, LLC
IGracon Construction, Inc.
IIBID AMOUNT IICONTRACT
Il$ 571,000.00 11210 Calendar Days
11$ 586,235.00
1I$ 589,750.00
I11$ 627,000.00 1
lIs 675,000.00
44$1,256,000.00 1
*Red River Construction Co.'s bid amount was read aloud in the Council Chamber at the bid opening
as $619,000.00. Upon routine review of the bid proposal form, two math errors by Red River
Construction Co., were discovered, which were corrected using the unit price bids shown on the bid
proposal form, which resulted in Red River Construction Co., being moved into the apparent low bidder
http://apps.cfwnet.org/council packet/mc review.asp?ID=17825&councildate=1/8/2013 1/11/2013
M&C Review Page 2 of 2
position. All bidders with original bid amounts lower than Red River Construction Co.'s original bid
price were notified of this development. No errors were found on any other bidder's calculations. Staff
recommends that Red River Construction Co., be awarded the contract based on its corrected low bid.
A waiver for the goal for M/SBE subcontracting requirements was requested by the Water Department
and approved by the M/SBE office because the purchase of goods or services for this project are from
sources where subcontracting or supplier opportunities are negligible.
Funds were not specifically budgeted for this project in the Fiscal Year 2013 adopted Budget, however,
the department has identified current year savings to offset the full cost.
The project is located in COUNCIL DISTRICT 8.
FISCAL 1NFORMATIONICERTIFICATION:
The Financial Management Services Director certifies that the funds are available in the current
operating budget, as appropriated, of the Water and Sewer Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
PE45 539120 0605003 $571.000.00
Submitted for Citv Manaaer's Office bv: Fernando Costa (6122)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Chris Harder (8293)
ATTACHMENTS
60Rallinci Hills Filter Cap Removal - Mao.Odf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=17825&councildate=1/8/2013 1/11/2013
1 SECTION 00 05 15
2 ADDENDA
3
4
5
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7
8
9
10
11
12
13
14
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END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
000515-1
ADDENDA
Page 1 of 1
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
City of Fort Worth
Rolling Hills WTP
Filter Underdrain Cap Replacement Project
CITY OF FORT WORTH
Rolling Hills Water Treatment Plant
Filter Underdrain Cap Replacement Project
ADDENDUM NO. 1
October 23, 2012
The Contract documents for the Rolling Hills Water Treatment Plant — Filter Underdrain Cap Replacement
Project, for which bids are to be submitted to the City of Fort Worth, Texas, are hereby clarified and
modified by this Addendum No. 1. Bidders must acknowledge receipt of this Addendum on the Proposal
— Part B.
PROJECT MANUAL REVISIONS
SECTION 00 42 43 — PROPOSAL FORM
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J
J. DAN SHANNON ..�
57897%
‘‘‘‘I--"to-Z3-12
a) Replace the Proposal Form with the Proposal Form attached at the end of this Addendum No. 1.
SECTION 01010 — SUMMARY OF WORK
a) Page 01010-2, Paragraph 1.02.C.1.e.
Insert the following at the end of Paragraph 1.02.C.2.e.
"Previous directions provided by ITT Leopold are as follows:
Using an appropriate saw, cut the cap leaving a 5-inch width remaining around each air nipple
as shown on the drawing attached at the end of this Section 01010. Ensure that the saw does
not cut deeper than 3/4 inch, the thickness of the cap, to prevent damage to the underdrain.
Remove the cap screws and pry the edges of the cap with a large screw driver or pry bar.
Remove the three pieces of the cap being careful not to compromise the air nipples. Remove
any sealant still attached to the underdrain.
Contractor shall contact ITT Leopold to confirm these directions."
b) Page 01010-2, Paragraph 1.02.C.1.f.
Insert the following after Paragraph 1.02.C.2.e, and renumber paragraphs "f and g" as "g and h"
respectively.
"f. Installation of 10 inches of media support gravel."
ADDENDUM NO. 1 1 October 23, 2012
City of Fort Worth
Rolling Hills WTP
Filter Underdrain Cap Replacement Project
c) Page 01010-4. Attach the ITT Leopold drawing (TCU-48 Center Flume Block with I.M.S. Cap)
provided at the end of this Addendum No. 1 to the end of Section 01010. This drawing illustrates
the method for cutting and removing the cap around the flume block air nipples.
SECTION 01025 — MEASUREMENT AND PAYMENT
a) Page 01025-2, Paragraph 1.02.C.1.f.
In the title, add "AND INSTALLING" after "FURNISHING".
SECTION 13226 — FILTER MEDIA SUPPORT GRAVEL
a) Page 13226-1, Paragraph 1.01.B
Add the following at the end of this paragraph. "Media loss that occurs during construction shall
be replaced by the Contractor at no cost to the Owner. Contractor and Owner shall verify the
media depth for each filter before and after work is completed."
b) Page 13226-4, Paragraph 1.04.0
Replace paragraph 2.02.B.1 with the following:
"1. The gravel placed on top of the filter underdrain system shall be in layers for a total depth of
10 inches. The number of layers and gradation of the layers shall be as shown below:
Depth Gravel Size
Top 2-in 3/4-in by 1/2-in
2-in 1/2-in by 1/4-in
Mid 2-in 1/4-in by 1/8-in
2-in 1/2-in by 1/4-in
Bottom 2-in 3/4-in by 1/2-in
DRAWINGS REVISIONS
SHEET 7 — FILTER No. 3 SECTIONS
a) In Sections 1 and 2 and in Note 1, change "12" Gravel" to "10" Gravel" to reflect that the media
support gravel shall be 10 inches in depth per specification 13226.
b) Add the following sentence to the end of Note 5. "Refer to Section 01010 for guidance and
confirm procedures with ITT Leopold.
END OF ADDENDUM NO. 1
ADDENDUM NO. 1 2 October 23, 2012
UNIT PRICE BID
Bidlist Item
No.
1 excluding Bid Items 2, 3, and 4.
2
3 media as directed by Owner.
4 Mobilization/Demobiliation
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Fonn Revised 20120120
SECTION 00 42 43
PROPOSAL FORM
00 42 43
BID PROPOSAL
Bidder's Application
Project Item Information Bidder's Proposal
Description
Specification Unit of
Section No. Measure Bid Quantity Unit Price Bid Value
Individual Filter Underdrain System Rehabilitation Work complete All Sections Each 15
Furnish support gravel for Filters No. 1, Nos. 5 through 7, and Nos. 10
through 20, to be used in replacing the existing media support caps.
Furnish and install anthracite filter media for replacing currently lost
13326 Each 15
13326 Cubic Feet 5,000
LS
1
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012.000032
ADDENDUM NO. 1
'REMOVE
s
B 1
N �
B
(O
N I
1"
a
0
'REMOVE H
#10-32 x 1 1/2"Ig. SELF TAPPIN SCREWS
(26) REQ'D. PER UNDERDRAIN BLOCK
(TYPE 316 Stn. Stl.)
I II 11 11 I
111 11 II I
3/4"thk. I.M.S. Cap.
700 - 800 MICRON PORE SIZE.
8 1/2"
I
10 SPACES @ 4" = 40"
1/2" 5" 1/2"
TYP, TYP. TYP,
I II 1 III n i n
CO
11 41 II 1 L11 L1L
'REMOVE �--
(KEEP 1-
I II 11 II I
SEE NOTE 8
I II +I II I
TCU-48 CENTER FLUME BLOCK
WITH I.M.S. CAP
PART No. M3-4290-TSU-7
340 REQUIRED
r —
6"
(4) 8"x5" CUTOUT.
IN BOTTOM OF
FLUME BLOCK
0
0
City of Fort Worth
Rolling Hills WTP
Filter Underdrain Cap Replacement Project
CITY OF FORT WORTH
Rolling Hills Water Treatment Plant
Filter Underdrain Cap Replacement Project
ADDENDUM NO. 2
November 1, 2012
The Contract documents for the Rolling Hills Water Treatment Plant — Filter Underdrain Cap Replacement
Project, for which bids are to be submitted to the City of Fort Worth, Texas, are hereby clarified and
modified by this Addendum No. 2. Bidders must acknowledge receipt of this Addendum on the Proposal
— Part B.
PROJECT MANUAL REVISIONS
SECTION 00 41 00 — BID FORM
J. DAN SHANNON
57897 V
a) Replace the Bid Form with the Bid Form attached at the end of this Addendum No. 2. Note that
Paragraph 4.1 has been changed to reflect final completion time of 210 days.
SECTION 00 42 43 — PROPOSAL FORM
a) Replace the Proposal Form with the Proposal Form attached at the end of this Addendum No. 2.
Note that the bid quantity for Item No. 3 has been changed to 1,500 cubic feet.
SECTION 00 52 43 — AGREEMENT
a)
Article 3.2. Replace "180 days" with "210 days".
PART D — SPECIAL CONDITIONS
a)
Page D-6, Paragraph D-15 Time of Completion.
In the first paragraph, change "one hundred eighty (180) Calendar Days" to "two hundred ten
(210) Calendar Days".
In the second paragraph, change "one hundred fifty (150) Calendar Days" to "one hundred eighty
(180) Calendar Days".
Note that these changes reflect and extension of the Final and Substantial Completion dates.
ADDENDUM NO. 2 1 November 1, 2012
City of Fort Worth
Rolling Hills WTP
Filter Underdrain Cap Replacement Project
SECTION 01040 — CONSTRUCTION SEQUENCE
a) Page 01040-2, Paragraph 3.O1.A. Change "150 days" to "180 days".
b) Page 01040-2, Paragraph 3.01.B. Change "180 days" to "210 days".
SECTION 13226 — FILTER MEDIA SUPPORT GRAVEL
a) Page 13226-2, Paragraph 1.03.D.2.c.
Replace paragraph 1.03.D.2.c. with the following:
"c. The testing laboratory will perform the tests in accordance with AWWA B100. The cost of
this testing, if performed, will be paid for by Owner."
b) Page 13226-3, Paragraph 2.01.B
In paragraph 2.01.B.1, change "3.0 on the MOH scale." to "2.7 on the MOH scale."
In the first sentence of paragraph 2.02.B.3, change "may" to "shall".
c) Page 13226-4, Paragraph 2.02.0
In the first sentence of paragraph 2.02.C, change "may" to "shall".
END OF ADDENDUM NO. 2
ADDENDUM NO. 2 2 November 1, 2012
00 41 00
BID FORM
TO: The City Manager
c/o: The Purchasing Department
1000 Throckmorton Street
City of Fort Worth, Texas 76102
FOR:
City Project No.:
Units/Sections:
1. Enter Into Agreement
SECTION 00 41 00
BID FORM
Rolling Hills Water Treatment Plant - Filter Underdrain Cap Replacement Project
WTR-2012-000032
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the
Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the
Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.
2. BIDDER Acknowledgements and Certification
2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and
INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond.
2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid
insurance certificate meeting all requirements within 14 days of notification of award.
2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity
and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or
corporation.
2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.
2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding.
2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the
purposes of this Paragraph:
a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence
the action of a public official in the bidding process.
b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding
process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to
deprive City of the benefits of free and open competition.
c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the
knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels.
d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property tc
influence their participation in the bidding process or affect the execution of the Contract.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120327
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
Addendum No. 2
00 41 00
BID FORM
3. Prequalification
The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors:
a.
b.
c.
d.
4. Time of Completion
4.1. The Work will be complete for Final Acceptance within 210 days after the date when the
the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions.
4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work
{and/or achievement of Milestones} within the times specified in the Agreement.
5. Attached to this Bid
The following documents are attached to and made a part of this Bid:
a. This Bid Form, Section 00 41 00
b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of
the General Conditions.
c. Proposal Form, Section 00 42 43
d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37
e. MWBE Forms (optional at time of bid)
f. Prequalification Statement, Section 00 45 12
g. Conflict of Interest Affidavit, Section 00 35 13
*If necessary, CIQ or CIS forms are to be provided directly to City Secretary
h. Any additional documents that may be required by Section 12 of the Instructions to Bidders
6. Total Bid Amount
6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space
provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the
bid opening.
6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to
verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities
shown in this proposal and then totaling all of the extended amounts.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120327
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
Addendum No. 2
00 41 00
BID FORM
6.3.
Total Bid
7. Bid Submittal
This Bid is submitted on November 8, 2012
Respectfully submitted,
By:
(Signature)
Title:
Company:
Address:
State of Incorporation:
Email:
Phone:
(Printed Name)
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120327
by the entity named below.
Receipt is acknowledged of
the following Addenda:
(Addendum No. 1:
'Addendum No. 2:
(Addendum No. 3:
{Addendum No. 4:
Corporate Seal:
Initial
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
Addendum No. 2
00 42 43
BID PROPOSAL
SECTION 00 42 43
PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Bidlist Item
No.
Project Item Information Bidder's Proposal
Description
Specification Unit of
Bid Quantity Unit Price Bid Value
Section No. Measure
Individual Filter Underdrain System Rehabilitation Work complete
1 All Sections Each 15
excluding Bid Items 2, 3, and 4.
Furnish support gravel for Filters No. 1, Nos. 5 through 7, and Nos. 10
2 13326 Each 15
through 20, to be used in replacing the existing media support caps.
Furnish and install anthracite filter media for replacing currently lost
3
media.
4 Mobilization/Demobiliation
13326 Cubic Feet 1,500
LS 1
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120120
RHWT? Filter Underdrain Cap Replacement Project
Project No, \VTR-2012-000032
Addendum No. 2
001113-1
INVITATION TO BIDDERS
Page 1 of 2
1 SECTION 0011 13
2 INVITATION TO BIDDERS
3 RECEIPT OF BIDS
4 Sealed bids for the construction of the Rolling Hills Water Treatment Plant Filter Underdrain Cap
5 Replacement Project will be received by the City of Fort Worth Purchasing Office:
6
7 City of Fort Worth
8 Purchasing Division
9 1000 Throckmorton Street
10 Fort Worth, Texas 76102
11 until 1:30 PM CST, Thursday, November 8, 2012, and bids will be opened publicly and read
12 aloud at 2:00 PM CST in the Council Chambers.
13
14 GENERAL DESCRIPTION OF WORK
15 The major work will consist of the (approximate) following: removal of the existing filter
16 underdrain cap and replacement with 12" of new media support gravel.
17
18 PREQUALIFICATION
19 The improvements included in this project must be performed by a contractor who has been pre-
20 qualified to bid this project by the City prior to the bid opening. The procedures for qualification
21 and pre -qualification are outlined in the Section 00 21 13 — INSTRUCTIONS TO BIDDERS.
22
23 DOCUMENT EXAMINATION AND PROCUREMENTS
24 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City
25 of Fort Worth's Purchasing Division website at httn://www.fortworthgov.orglnurchasing/ and
26 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The
27 Contract Documents may be downloaded, viewed, and printed by interested contractors and/or
28 suppliers.
29
30 Copies of the Bidding and Contract Documents may be purchased from CDM Smith Inc., located
31 at 100 Throckmorton Street, Suite 600, Fort Worth, TX 76102, 817-332-8727.
32
33 The cost of Bidding and Contract Documents is:
34 Set of Bidding and Contract Documents with half size drawings: $50.00
35
36 PREBID CONFERENCE
37 A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO
38 BIDDERS at the following location, date, and time:
39 DATE: October 22, 2012
40 TIME: 10:00 AM
41 PLACE: Rolling Hills WTP Conference Room, 2500 SE Loop 820, Fort Worth, 76140
42
43 CITY'S RIGHT TO ACCEPT OR REJECT BIDS
44 City reserves the right to waive irregularities and to accept or reject bids.
45
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July I, 2011
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
00 1113 -2
INVITATION TO BIDDERS
Page 2 of 2
1 INQUIRIES
2 All inquiries relative to this procurement should be addressed to the following:
3 Attn: Chris Harder, City of Fort Worth Water Department
4 Email: Christopher.Harder@fortworthgov.org
5 Phone: 817-392-8293
6 AND/OR
7 Attn: Danny Shannon, CDM Smith
8 Email: ShannonJD@cdmsmith.com
9 Phone: 817-332-8727.
10
11 ADVERTISEMENT DATES
12 October 11, 2012
13 October 18, 2012
14
15 END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
002113-1
INSTRUCTIONS TO BIDDERS
Page 1 of 9
1 SECTION 00 21 13
2 INSTRUCTIONS TO BIDDERS
3 1. Defined Terms
4
5 1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72
6 00 - GENERAL CONDITIONS.
7
8 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the
9 meanings indicated below which are applicable to both the singular and plural thereof.
10
11 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting
12 directly through a duly authorized representative, submitting a bid for performing
13 the work contemplated under the Contract Documents.
14
15 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or
16 corporation acting directly through a duly authorized representative, submitting a
17 bid for performing the work contemplated under the Contract Documents whose
18 principal place of business is not in the State of Texas.
19
20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City
21 (on the basis of City's evaluation as hereinafter provided) makes an award.
22
23 2. Copies of Bidding Documents
24
25 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations
26 resulting from the Bidders use of incomplete sets of Bidding Documents.
27
28 2.2. City and Engineer in making copies of Bidding Documents available do so only for the
29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant
30 for any other use.
31
32 3. Special Prequalification of Bidders (Prime Contractors)
33
34 3.1. All Bidders are required to be prequalified for this project at least 7 days prior to the bid
35 opening. Bids received from contractors who are not prequalified (even if inadvertently
36 opened) shall not be considered.
37
38 3.2. Each Bidder shall submit to City within seven (7) calendar days prior to Bid opening, the
39 documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS.
40
41 3.2.1. Submission of and/or questions related to prequalification should be addressed to
42 the City contact as provided in Paragraph 6.1.
43
44
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
00 21 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 key 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 for 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 3.5. Special qualifications required for this project will be based on a company fmancial
17 evaluation, company historical schedule compliance, evaluation of proposed project
18 manager and project superintendent, and company work history.
19
20 4. Examination of Bidding and Contract Documents, Other Related Data, and Site
21
22 4.1. Before submitting a Bid, each Bidder shall:
23
24 4.1.1. Examine and carefully study the Contract Documents and other related data
25 identified in the Bidding Documents (including "technical data" referred to in
26 Paragraph 4.2. below). No information given by City or any representative of the
27 City other than that contained in the Contract Documents and officially
28 promulgated addenda thereto, shall be binding upon the City.
29
30 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and
31 site conditions that may affect cost, progress, performance or furnishing of the
32 Work.
33
34 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost,
35 progress, performance or furnishing of the Work.
36
37 4.1.4. Study all: (i) reports of explorations and tests of subsurface conditions at or
38 contiguous to the Site and all drawings of physical conditions relating to existing
39 surface or subsurface structures at the Site (except Underground Facilities) that
40 have been identified in the Contract Documents as containing reliable "technical
41 data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any,
42 at the Site that have been identified in the Contract Documents as containing
43 reliable "technical data."
44
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
00 21 13 - 3
INSTRUCTIONS TO BIDDERS
Page 3 of 9
1 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of
2 the information which the City will furnish. All additional information and data
3 which the City will supply after promulgation of the formal Contract Documents
4 shall be issued in the form of written addenda and shall become part of the Contract
5 Documents just as though such addenda were actually written into the original
6 Contract Documents. No information given by the City other than that contained in
7 the Contract Documents and officially promulgated addenda thereto, shall be
8 binding upon the City.
9
10 4.1.6. Perform independent research, investigations, tests, borings, and such other means
11 as may be necessary to gain a complete knowledge of the conditions which will be
12 encountered during the construction of the project. On request, City may provide
13 each Bidder access to the site to conduct such examinations, investigations,
14 explorations, tests and studies as each Bidder deems necessary for submission of a
15 Bid. Bidder must fill all holes and clean up and restore the site to its former
16 conditions upon completion of such explorations, investigations, tests and studies.
17
18 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the
19 cost of doing the Work, time required for its completion, and obtain all information
20 required to make a proposal. Bidders shall rely exclusively and solely upon their
21 own estimates, investigation, research, tests, explorations, and other data which are
22 necessary for full and complete information upon which the proposal is to be based.
23 It is understood that the submission of a proposal is prima -facie evidence that the
24 Bidder has made the investigation, examinations and tests herein required. Claims
25 for additional compensation due to variations between conditions actually
26 encountered in construction and as indicated in the Contract Documents will not be
27 allowed.
28
29 4.1.8. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or
30 between the Contract Documents and such other related documents. The Contractor
31 shall not take advantage of any gross error or omission in the Contract Documents,
32 and the City shall be permitted to make such corrections or interpretations as may
33 be deemed necessary for fulfillment of the intent of the Contract Documents.
34
35 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of:
36
37 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to
38 the site which have been utilized by City in preparation of the Contract Documents.
39 The logs of Soil Borings, if any, on the plans are for general information only.
40 Neither the City nor the Engineer guarantee that the data shown is representative of
41 conditions which actually exist.
42
43 4.2.2. those drawings of physical conditions in or relating to existing surface and
44 subsurface structures (except Underground Facilities) which are at or contiguous to
45 the site that have been utilized by City in preparation of the Contract Documents.
46
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July I, 2011
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
00 21 13 - 4
INSTRUCTIONS TO BIDDERS
Page 4 of 9
1 4.2.3. copies of such reports and drawings will be made available by City to any Bidder
2 on request. Those reports and drawings may not be part of the Contract
3 Documents, but the "technical data" contained therein upon which Bidder is entitled
4 to rely as provided in Paragraph 4.02. of the General Conditions has been identified
5 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is
6 responsible for any interpretation or conclusion drawn from any "technical data" or
7 any other data, interpretations, opinions or information.
8
9 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i)
10 that Bidder has complied with every requirement of this Paragraph 4, (ii) that without
11 exception the Bid is premised upon performing and furnishing the Work required by the
12 Contract Documents and applying the specific means, methods, techniques, sequences or
13 procedures of construction (if any) that may be shown or indicated or expressly required
14 by the Contract Documents, (iii) that Bidder has given City written notice of all
15 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the
16 written resolutions thereof by City are acceptable to Bidder, and when said conflicts,
17 etc., have not been resolved through the interpretations by City as described in
18 Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate
19 and convey understanding of all terms and conditions for performing and furnishing the
20 Work.
21
22 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated
23 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by
24 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract
25 Documents.
26
27 5. Availability of Lands for Work, Etc.
28
29 5.1 The lands upon which the Work is to be performed, rights -of -way and easements for
30 access thereto and other lands designated for use by Contractor in performing the Work
31 are identified in the Contract Documents. All additional lands and access thereto
32 required for temporary construction facilities, construction equipment or storage of
33 materials and equipment to be incorporated in the Work are to be obtained and paid for
34 by Contractor. Easements for penmanent structures or permanent changes in existing
35 facilities are to be obtained and paid for by City unless otherwise provided in the
36 Contract Documents.
37
38 5.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed
39 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right-
40 of -way, easements, and/or permits are not obtained, the City reserves the right to cancel
41 the award of contract at any time before the Bidder begins any construction work on the
42 project.
43
44 5.3. The Bidder shall be prepared to commence construction without all executed right-of-
45 way, easements, and/or permits, and shall submit a schedule to the City of how
46 construction will proceed in the other areas of the project that do not require permits
47 and/or easements.
48
49
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
00 21 13 - 5
INSTRUCTIONS TO BIDDERS
Page 5 of 9
1
2 6. Interpretations and Addenda
3
4 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to
5 City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions
6 received after this day may not be responded to. Interpretations or clarifications
7 considered necessary by City in response to such questions will be issued by Addenda
8 delivered to all parties recorded by City as having received the Bidding Documents.
9 Only questions answered by formal written Addenda will be binding. Oral and other
10 interpretations or clarifications will be without legal effect.
11
12 Address questions to:
13
14 City of Fort Worth
15 1000 Throckmorton Street
16 Fort Worth, TX 76102
17 Attn: Chris Harder, Project Manager
18 Email: Christopher.Harder@fortworthgov.org
19 Phone: 817-392-8293
20
21
22 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by
23 City.
24
25 6.3. Addenda or clarifications may be posted via Buzzsaw.
26
27 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or
28 INVITATION TO BIDDERS. Representatives of City will be present to discuss the
29 Project. Bidders are encouraged to attend and participate in the conference. City will
30 transmit to all prospective Bidders of record such Addenda as City considers necessary
31 in response to questions arising at the conference. Oral statements may not be relied
32 upon and will not be binding or legally effective.
33
34 7. Bid Security
35
36 7.1. Each Bid must be accompanied by Bid Bond made payable to City in an amount of five
37 (5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting
38 the requirements of Paragraphs 5.01 of the General Conditions.
39
40 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award
41 have been satisfied. If the Successful Bidder fails to execute and deliver the complete
42 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in
43 default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited.
44 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all
45 other Bidders whom City believes to have a reasonable chance of receiving the award
46 will be retained by City until final contract execution.
47
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
00 21 13 - 6
INSTRUCTIONS TO BIDDERS
Page 6 of 9
1 8. Contract Times
2 The number of days within which, or the dates by which, Milestones are to be achieved in
3 accordance with the General Requirements and the Work is to be completed and ready for
4 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the
5 attached Bid Form. As indicated and defined in the Bid Form, substantial completion shall be
6 achieved on this project within 150 calendar days from the effective date of the notice to
7 proceed. Final Completion shall be achieved within 180 calendar days from the effective
8 date of the notice to proceed.
9
10 9. Liquidated Damages
11 Provisions for liquidated damages are set forth in the Agreement and defined in the bid Form.
12 Due to the criticality of the Rolling Hills Water Treatment Plant to the Fort Worth water
13 system, liquidated damages have been set at $500 per calendar day for both substantial and
14 fmal completion.
15
16 10. Substitute and "Or -Equal" Items
17 The Contract, if awarded, will be on the basis of materials and equipment described in the
18 Bidding Documents without consideration of possible substitute or "or -equal" items.
19 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or-
20 equal" item of material or equipment may be furnished or used by Contractor if acceptable to
21 City, application for such acceptance will not be considered by City until after the Effective
22 Date of the Agreement. The procedure for submission of any such application by Contractor
23 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General
24 Conditions and is supplemented in Section 01 25 00 of the General Requirements.
25
26 11. Subcontractors, Suppliers and Others
27
28 11.1. In accordance with City Ordinance No. 15530 (as amended), the City has goals for
29 the participation of minority business and women business enterprises in City
30 contracts. A copy of the Ordinance can be obtained from the Office of the City
31 Secretary. The Bidder shall submit the MBE/WBE Utilization Form,
32 Subcontractor/Supplier Utilization Form, Prime Contractor Waiver Form and/or
33 Good Faith Effort Form (with "documentation) and/or Joint Venture Form as
34 appropriate. The Forms including documentation must be received by the City no
35 later than 5:00 P.M. CST, five (5) City business days after the bid opening date. The
36 Bidder shall obtain a receipt from the City as evidence the documentation was
37 received. Failure to comply shall render the bid as non -responsive.
38
39 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person
40 or organization against whom Contractor has reasonable objection.
41
42 12. Bid Form
43
44 12.1. The Bid Form is included with the Bidding Documents; additional copies may be
45 obtained from the City.
46
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
00 21 13 - 7
INSTRUCTIONS TO BIDDERS
Page 7 of 9
1 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form
2 signed in ink. Erasures or alterations shall be initialed in ink by the person signing
3 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit
4 price item listed therein. In the case of optional alternatives, the words "No Bid,"
5 "No Change," or "Not Applicable" may be entered. Bidder shall state the prices,
6 written in ink in both words and numerals, for which the Bidder proposes to do the
7 work contemplated or furnish materials required. All prices shall be written legibly.
8 In case of discrepancy between price in written words and the price in written
9 numerals, the price in written words shall govern.
10
11 12.3. Bids by corporations shall be executed in the corporate name by the president or a
12 vice-president or other corporate officer accompanied by evidence of authority to
13 sign. The corporate seal shall be affixed. The corporate address and state of
14 incorporation shall be shown below the signature.
15
16 12.4. Bids by partnerships shall be executed in the partnership name and signed by a
17 partner, whose title must appear under the signature accompanied by evidence of
18 authority to sign. The official address of the partnership shall be shown below the
19 signature.
20
21 12.5. Bids by limited liability companies shall be executed in the name of the fine by a
22 member and accompanied by evidence of authority to sign. The state of formation of
23 the firm and the official address of the firm shall be shown.
24
25 12.6. Bids by individuals shall show the Bidder's name and official address.
26
27 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner
28 indicated on the Bid Form. The official address of the joint venture shall be shown.
29
30 12.8. All names shall be typed or printed in ink below the signature.
31
32 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of
33 which shall be filled in on the Bid Form.
34
35 12.10. Postal and e-mail addresses and telephone number for communications regarding the
36 Bid shall be shown.
37
38 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of
39 Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance
40 to State Law Non Resident Bidder.
41
42 13. Submission of Bids
43 Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents,
44 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS,
45 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope,
46 marked with the City Project Number, Project title, the name and address of Bidder, and
47 accompanied by the Bid security and other required documents. If the Bid is sent through the
48 mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope
49 with the notation "BID ENCLOSED" on the face of it.
50
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
002113-8
INSTRUCTIONS TO BIDDERS
Page 8 of 9
1 14. Modification and Withdrawal of Bids
2
3 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be
4 withdrawn prior to the time set for bid opening. A request for withdrawal must be
5 made in writing by an appropriate document duly executed in the manner that a Bid
6 must be executed and delivered to the place where Bids are to be submitted at any
7 time prior to the opening of Bids. After all Bids not requested for withdrawal are
8 opened and publicly read aloud, the Bids for which a withdrawal request has been
9 properly filed may, at the option of the City, be returned unopened.
10
11 14.2. Bidders may modify their Bid by electronic communication at any time prior to the
12 time set for the closing of Bid receipt.
13
14 15. Opening of Bids
15 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An
16 abstract of the amounts of the base Bids and major alternates (if any) will be made available
17 to Bidders after the opening of Bids.
18
19 16. Bids to Remain Subject to Acceptance
20 All Bids will remain subject to acceptance for the time period specified for Notice of Award
21 and execution and delivery of a complete Agreement by Successful Bidder. City may, at
22 City's sole discretion, release any Bid and nullify the Bid security prior to that date.
23
24 17. Evaluation of Bids and Award of Contract
25
26 17.1. City reserves the right to reject any or all Bids, including without limitation the rights
27 to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids
28 and to reject the Bid of any Bidder if City believes that it would not be in the best
29 interest of the Project to make an award to that Bidder, whether because the Bid is
30 not responsive or the Bidder is unqualified or of doubtful fmancial ability or fails to
31 meet any other pertinent standard or criteria established by City. City also reserves
32 the right to waive informalities not involving price, contract time or changes in the
33 Work with the Successful Bidder. Discrepancies between the multiplication of units
34 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies
35 between the indicated sum of any column of figures and the correct sum thereof will
36 be resolved in favor of the correct sum. Discrepancies between words and figures
37 will be resolved in favor of the words.
38
39 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists
40 among the Bidders, Bidder is an interested party to any litigation against City,
41 City or Bidder may have a claim against the other or be engaged in litigation,
42 Bidder is in arrears on any existing contract or has defaulted on a previous
43 contract, Bidder has performed a prior contract in an unsatisfactory manner, or
44 Bidder has uncompleted work which in the judgment of the City will prevent or
45 hinder the prompt completion of additional work if awarded.
46
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
00 21 13 - 9
INSTRUCTIONS TO BIDDERS
Page 9 of 9
1 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and
2 other persons and organizations proposed for those portions of the Work as to which
3 the identity of Subcontractors, Suppliers, and other persons and organizations must
4 be submitted as provided in the Contract Documents or upon the request of the City.
5 City also may consider the operating costs, maintenance requirements, performance
6 data and guarantees of major items of materials and equipment proposed for
7 incorporation in the Work when such data is required to be submitted prior to the
8 Notice of Award.
9
10 17.3. City may conduct such investigations as City deems necessary to assist in the
11 evaluation of any Bid and to establish the responsibility, qualifications, and fmancial
12 ability of Bidders, proposed Subcontractors, Suppliers and other persons and
13 organizations to perform and furnish the Work in accordance with the Contract
14 Documents to City's satisfaction within the prescribed time.
15
16 17.4. Contractor shall perform with his own organization, work of a value not less than
17 35% of the value embraced on the Contract, unless otherwise approved by the City.
18
19 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and
20 responsive Bidder whose evaluation by City indicates that the award will be in the
21 best interests of the City.
22
23 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award
24 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than
25 the lowest bid submitted by a responsible Texas Bidder by the same amount that a
26 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a
27 comparable contract in the state in which the nonresident's principal place of
28 business is located.
29
30 17.7. A contract is not awarded until formal City Council authorization. If the Contract is
31 to be awarded, City will award the Contract within 90 days after the day of the Bid
32 opening unless extended in writing. No other act of City or others will constitute
33 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by
34 the City.
35
36 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid.
37
38 18. Signing of Agreement
39 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the
40 required number of unsigned counterparts of the Agreement. Within 14 days thereafter
41 Contractor shall sign and deliver the required number of counterparts of the Agreement to
42 City with the required Bonds, Certificates of Insurance, and all other required documentation.
43 City shall thereafter deliver one fully signed counterpart to Contractor.
44
45
46
47 END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
RHWTP Filter Underdrain Cap Replacement Project
Project No. W1R-2012-000032
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003513-1
CONFLICT OF INTEREST AFFIDAVIT
Page l of l
SECTION 00 3513
CONFLICT OF INTEREST AFFIDAVIT
Bach bidder, offeror, or respondent (hereinafter also referred to as "you") 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 Government Officer Conflicts Disclosure
Statement (the attached CIS Form) below pursuant to 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 be downloaded from the website links provided below.
httn://www.ethics.state.tx.us/forms/CIO.ndf
httn://www.ethics.state.tx.us/forms/CIS.ndf
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
BIDDER:
Red River Construction Co.
Company
2804 Capital Street
Address
Wylie, TX 75098
City/State/Zip
By: Dean Porter
(Please Print)
Signature:
Title:
37 0 END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised March 27, 2012
President
(Please Print)
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code
by a person who has a business relationship as defined by Section 176.001(1-a) with a local
governmental entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental
entity not later than the 7th business day after the date the person becomes aware of facts
that require the statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local
Government Code. An offense under this section is a Class C misdemeanor.
11 Name of person who has a business relationship with local governmental entity.
Red River Construction Co.
Check this box if you are filing an update to a previously filed questionnaire.
FORM C1Q
OFFICE USE ONLY
Date Received
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
Name of local government officer with whom filer has employment or business relationship.
Name of Officer
This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an
employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional
pages to this Form CIQ as necessary,
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
income, from the filer of the questionnaire?
Yes
B. 1s the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the
direction of the local government officer named in this section AND the taxable income is not received from the local
governmental entity?
Yes %)<1 No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local
government officer serves as an officer or director, or holds an ownership of 10 percent or more?
Yes I /.0 No
D. Describe each employment or business relationship with the local government officer named in this section.
Nb sE--
a� Ked River Construct on Co.
i�
Signature of person doing business with the govemmental entity
Mon Porter. President
f=+ I 7--
Date
Adopted 06/29/2007
LOCAL GOVERNMENT OFFICER
CONFLICTS DISCLOSURE STATEMENT
(Instructions for completing and filing this form are provided on the next page.)
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.
This is the notice to the appropriate local governmental entity that the following local
government officer has become aware of facts that require the officer to file this statement
in accordance with Chapter 176, Local Government Code.
.11 Name of Local Government Officer
?j Office Held
N �A
FORM CIS
OFFICE USE ONLY
Date Received
Name'of person described by Sections 176.002(a) and 1761003(a), Local Govern'rrient Code --
Dean Porter, President
Red River Construction Co.
11 Description of the nature and extent of employment or other business relationship with person named in item 3
IbN�
List gifts accepted by the local government officer and any family member, excluding gifts described by Section
-----176.003(a•1-),.if.aggregate value of the gifts accepted from person named in item-3-exceed $250•during•the 12=month
period described by Section 176.003(a)(2)(B)
Date Gift Accepted Description of Gift
Date Gift Accepted Description of Gift
Date Gift Accepted Description of Gift
(attach additional forms as necessary)
AFFIDAVIT
I swear under penally of perjury that the above statement is true and correct. I acknowledge
that the disclosure applies 10 a family member (as defined by Section 176.001(2), Local
Government Code) of this local govemment officer. I also acknowledge that this statement
covers the 12-month period described by Section 176.003(a), Local Govemment Code.
Signature of Local Government Officer
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said
of , 20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath
, this the day
Printed name of officer administering oath Title of officer administering oath
Adopted 06/29/2007
LOCAL GOVERNMENT OFFICER
CONFLICTS DISCLOSURE STATEMENT
Section 176.003 of the Local Government Code requires certain local government officers to file this form. A
"local government officer" is defined as a member of the governing body of a local governmental entity; a
director, superintendent, administrator, president, or other person designated as the executive officer of the
local governmental entity; or an employee of a local governmental entity with respect to whom the local
governmental entity has, in accordance with Section 176.005, extended the requirements of Sections 176.003
and 176.004. This form is required to be filed with the records administrator of the local governmental entity
not later than 5 p.m. on the seventh business day after the date on which the officer becomes aware of the
facts that require the filing of this statement.
A local government officer commits an offense if the officer knowingly violates Section 176.003, Local
Government Code. An offense under this section is a Class C misdemeanor.
Please refer to chapter 176 of the Local Government Code for detailed information regarding the requirement
to file this form.
INSTRUCTIONS FOR COMPLETING THIS FORM
The following numbers correspond to the numbered boxes on the other side.
1. Name of Local Government Officer. Enter the name of the local government officer filing this statement.
2. Office Held. Enter the name of the office held -by the local government officer -filing this statement. •
3. Name of person described by Sections 176.002(a) and 176.003(a), Local Government Code. Enter
the name of the person described by Section 176.002, Local Government Code with whom the officer has an
employment or other business relationship as described by Section 176.003(a), Local Government Code.
4. Description of the nature and extent of employment or business relationship with person named
in item 3. Describe the nature and extent of the employment or other business relationship with the person
in item 3 as described by Section 176.003(a), Local Government Code.
5. List gifts accepted, excluding gifts described by Section 176.003(a-1), if aggregate value of the
gifts accepted from person named in item 3 exceed $250. List gifts accepted during the 12-month period
(described by Section 176.003(a), Local Government Code) by the Local government officer or family member
of the officer, excluding gifts described by Section 176.003(a-1), from the person named in item 3 that in the
aggregate exceed $250 in value.
6. Affidavit. Signature of local government officer.
Adopted O6/29/2007
00 41 00
BID FORM
TO: The City Manager
c/o: The Purchasing Department
1000 Throckmorton Street
City of Fort Worth, Texas 76102
FOR:
City Project No.:
Units/Sections:
1. Enter Into Agreement
SECTION 00 41 00
BID FORM
Rolling Hills Water Treatment Plant - Filter Underdrain Cap Replacement Project
WTR-2012-000032
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the
Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within
the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.
2. BIDDER Acknowledgements and Certification
2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and
INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond.
2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid
insurance certificate meeting all requirements within 14 days of notification of award.
2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or
entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization,
or corporation.
2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.
2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding.
2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the
purposes of this Paragraph:
a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to
influence the action of a public official in the bidding process.
b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding
process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to
deprive City of the benefits of free and open competition.
c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the
knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels.
d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property
to influence their participation in the bidding process or affect the execution of the Contract.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120327
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
Addendum No. 2
00 41 00
BID FORM
3. Prequalification
The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors:
a. Filter Work --- Red River Construction Co.
b.
c.
d.
4. Time of Completion
4.1. The Work will be complete for Final Acceptance within 210 days after the date when the
the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions.
4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work
{and/or achievement of Milestones} within the times specified in the Agreement.
5. Attached to this Bid
The following documents are attached to and made a part of this Bid:
a. This Bid Form, Section 00 41 00
b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of
the General Conditions.
c. Proposal Form, Section 00 42 43
d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37
e. MWBE Forms (optional at time of bid)
f. Prequalification Statement, Section 00 45 12
g. Conflict of Interest Affidavit, Section 00 35 13
*If necessary, CIQ or CIS forms are to be provided directly to City Secretary
h. Any additional documents that may be required by Section 12 of the Instructions to Bidders
6. Total Bid Amount
6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space
provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the
bid opening.
6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to
verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities
shown in this proposal and then totaling all of the extended amounts.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120327
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
Addendum No. 2
00 41 00
BID FORM
6.3.
Total Bid $ $571,000.00
7. Bid Submittal
This Bid is submitted on November 8, 2012 by the entity named below.
Respectfully sub
By:
(Signature
Dean Porter
(Printed Name)
Receipt is acknowledged of Initial
the following Addenda: �
Addendum No. 1:
Addendum No. 2:
Addendum No. 3:
Addendum No. 4:
Title: President
Company: Red River Construction Co. Corporate Seal:
Address: 2804 Capital Street
Wylie, TX 75098
State of Incorporation: Texas
Email: dean.Dorteraredriverconstruction.com
Phone: 972-578-0127
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120327
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
Addendum No. 2
00 42 43
BID PROPOSAL
SECTION 00 42 43
PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Bidlist Item
No.
Project Item Information Bidder's Proposal
Description
1 Individual Filter Underdrain System Rehabilitation Work complete
excluding Bid Items 2, 3, and 4.
2 Furnish support gravel for Filters No. 1, Nos. 5 through 7, and Nos. 10
through 20, to be used in replacing the existing media support caps.
3 Furnish and install anthracite filter media for replacing currently lost
media.
4 Mobilization/Demobiliation
Specification Unit of Bid Quantity Unit Price Bid Value
Section No. Measure
All Sections Each 15 $20,000.00 $300,000.00
13326 Each 15 $13,600.00 $204,000.00
13326 Cubic Feet 1,500 $8.00 $12,000.00
LS 1 $55,000.00 $55,000.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120120
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
Addendum No 2
RESOLUTION
OF
RED RIVER CONSTRUCTION CO.
I hereby certify that it was RESOLVED by a quorum of the
directors of Red River Construction Co., meeting on the 8th day
November, 2012, that Dean Porter, President, be, and hereby is,
authorized to act on behalf of Red River Construction Co., as its
representative, in all business transactions conducted in the State
of Texas, and;
That the above resolution was unanimously ratified by the
Board of Directors at said meeting and that the resolution has not
been rescinded or amended and is now in full force and effect, and;
In authentication of the adoption of this resolution, I
subscribe my name and affix the seal of the corporation this 8th
day of November
, 2012.
Meredith Anderson Secretary
Red River Construction Co.
2804 Capital Street
Wylie, TX 75098
State of Incorporation: Texas
00 43 13
BID BOND
SECTION 00 4313
BID BOND
KNOW ALL BY THESE PRESENTS:
That we, (Bidder Name)
hereinafter called the Principal, and (Surety Name)
a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and
firmly bound unto the City, hereinafter called the Obligee, in the
sum of and No/100 Dollars
($ .00), the payment of which sum will be well and truly made and the
said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firm by these presents.
WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Obligee,
identified as Rolling Hills Water Treatment Plant - Filter Underdrain Cap Replacement Project
0
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 shall
enter into the Contract in writing with the Obligee in accordance with the terms of such proposal, then this bond shall be null and
void. If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements
and conditions required for the execution of the Contract in accordance with the proposal or fails to satisfy all requirements and
conditions required for the execution of the Contract in accordance with the proposal, this bond shall become the property of the
Obligee, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate Obligee for
the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount.
SIGNED this
By:
*By:
*Attach Power of Attorney (Surety) for Attorney -in -Fact
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20110627
day of , 2012.
(Signature and Title of Principal)
(Signature of Attorney -of -Fact)
END OF SECTION
Impressed
Surety Seal
Only
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
00 43 37
VENDOR COMPLIANCE TO STATE LAW
SECTION 00 43 37
VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER
Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law
provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose
corporate offices or principal place of business are outside the State of Texas) bid protects for construction,
improvements, supplies or services in Texas at an amount tower than the Lowest Texas resident bidder by the
same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a
comparable contract In the State which the nonresident's principal place of business is located.
The appropriate blanks in Section A must be filled out by all nonresident bidders In order for your bid to meet
specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders
must check the box In Section 8.
A. Nonresident bidders in the State of , our principal place of business,
are required to be percent lower than resident bidders by State Law. A copy of the
statute is attached.
Nonresident bidders in the State of , our principal place of business,
are not required to underbid resident bidders.
B. The principal place of business of our company or our parent company or majority owner is
In the State of Texas.'
BIDDER:
By:
Title:
Date:
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20110627
(Signature)
Dean Porter, President
RHWTP Filter Underdrain Cap Replacement Protect
Projecl No. WTR-2012.000032
00 45 11 - 1
BIDDERS PREQUALIFICATIONS
Page 1 of 2
1 SECTION 00 45 11
2 BIDDERS PREQUALIFICATIONS
3
4 1. Summary: All contractors are required to be prequalified for this specific project by the City
5 prior to submitting bids. To be eligible to bid the contractor must submit the required
6 prequalification paperwork within the time stipulated, and be approved by the City prior to
7 the bid opening.
8
9 Prequalification information must be submitted to the designated City Project Manager at
10 least seven (7) days prior to the date of the opening of bids. In order to expedite and facilitate
11 the approval of a Bidder's Prequalification Application, the following records must
12 accompany the submission:
13 a. FINANCIAL - A complete set of current audited or reviewed financial statements.
14 (1) Classified Balance Sheet
15 (2) Income Statement
16 (3) Statement of Cash Flows
17 (4) Statement of Retained Earnings
18 (5) Notes to the Financial Statements, if any
19 b. EXPERIENCE — For an experience record to be considered to be acceptable, it must
20 reflect the experience of the firm in performing filter projects. Experience must be
21 on projects that were completed no more than five years prior to the bid date. A
22 minimum of three references must be included. References must include a contact
23 person, telephone number, project name, total cost, and type of work performed.
24 c. EQUIPMENT — The prospective bidder shall list the equipment that the Contractor
25 has available for the project and list the equipment that the Contractor will rent as
26 may be required to complete the project.
27 d. PERSONNEL AND SCHEDULE: The prospective bidder shall submit the names
28 and resumes for the proposed project manager and project superintendent. This
29 information shall include a list of all projects that the proposed project manager and
30 project superintendent completed within the last five years to demonstrate ability to
31 complete complex tank rehabilitation projects in a timely manner. Provide list of
32 contact persons (preferably field inspectors or resident engineers) with names and
33 phone numbers.
34 e. ORGANIZATION: A certified copy of the firm's organizational documents
35 (Corporate Charter, Articles of Incorporation, Articles of Organization, Certificate of
36 Formation, LLC Regulations, Certificate of Limited Partnership Agreement).
37 f. TAX INFORMATION: The firm's Texas Taxpayer Identification Number as issued
38 by the Texas Comptroller of Public Accounts. To obtain a Texas Taxpayer
39 Identification number visit the Texas Comptroller of Public Accounts online at the
40 following web address www.window.state.tx.us/taxnermit/ and fill out the
41 application to apply for your Texas tax ID.
42
43 2. Prequalification Financial Statement Requirements
44 a. Financial Statements. Financial statement submission must be provided in
45 accordance with the following:
46 (1) The City requires that the original Financial Statement or a certified copy
47 be submitted for consideration.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
004511-2
BIDDERS PREQUALIFICATIONS
Page 2 of 2
1 (2) To be satisfactory, the financial statements must be audited or reviewed
2 by an independent, certified public accounting firm registered and in
3 good standing in any state. Current Texas statues also require that
4 accounting firms performing audits or reviews on business entities within
5 the State of Texas be properly licensed or registered with the Texas State
6 Board of Public Accountancy.
7 (3) The accounting firm should state in the audit report or review whether
8 the contractor is an individual, corporation, or limited liability company.
9 (4) Financial Statements must be presented in U.S. dollars at the current rate
10 of exchange of the Balance Sheet date.
11 (5) The City will not recognize any certified public accountant as
12 independent who is not, in fact, independent.
13 (6) The accountant's opinion on the financial statements of the contracting
14 company should state that the audit or review has been conducted in
15 accordance with auditing standards generally accepted in the United
16 States of America. This must be stated in the accounting firm's opinion.
17 It should: (1) express an unqualified opinion, or (2) express a qualified
18 opinion on the statements taken as a whole.
19 (7) The City reserves the right to require a new statement at any time.
20 (8) The financial statement must be prepared as of the last day of any month,
21 not more than one year old and must be on file with the City 16 months
22 thereafter, in accordance with Paragraph 1.
23 (9) The City will determine a contractor's bidding capacity for the purposes
24 of awarding contracts. Bidding capacity is determined by multiplying the
25 positive net working capital (working capital = current assets — current
26 liabilities) by a factor of 10. Only those statements reflecting a positive
27 net working capital position will be considered satisfactory for
28 prequalification purposes.
29 (10) In the case that a bidding date falls within the time a new fmancial
30 statement is being prepared, the previous statement shall be updated with
31 proper verification.
32 3. Previous Prequalification for Rolling Hills Filter Rehab Projects
33 a. The City shall recognize general contractors that were previously pre -qualified in
34 2011 for the Rolling Hills Filter #3 Rehabilitation Project as "pre -qualified" for this
35 project, which includes the following list:
36 1. Archer Western Contractors, Ltd.
37 2. Bar Constructors, Inc.
38 3. Eagle Contracting, L.P.
39 4. Garney Companies, Inc.
40 5. Red River Construction Company
41 b. Additional firms seeking pre -qualification shall submit detailed information in
42 accordance with this specification.
43 3. Eligibility to Bid
44 a. The City shall be the sole judge as to a contractor's prequalification.
45 b. The City may reject, suspend, or modify any prequalification for failure by the
46 contractor to demonstrate acceptable financial ability or performance.
47 c. The City will issue a letter as to the status of the prequalification approval.
48
49 END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
00 45 26 - 1
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Page 1 of 1
1 SECTION 00 45 26
2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
3 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it
4 provides worker's compensation insurance coverage for all of its employees employed on City
5 Project No.01836. Contractor further certifies that, pursuant to Texas Labor Code, Section
6 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with
7 worker's compensation coverage.
8
9 CONTRACTOR:
10
11 Red River Construction Co. By: Dean Porter
12 Company (Please Print)
13 `
14 2804 Capital Street Signature:
15 Address
16
17 Wylie, TX 75098 Title: President
18 City/State/Zip (Please Print)
19
20
21 THE STATE OF TEXAS §
22
23 COUNTY OF TARRANT §
24
25 BEFORE ME, the undersigned authority, on this day personally appeared
26 Dean Porter , known to me to be the person whose name is
27 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as
28 the act and deed of _Red River Construction Co. for the purposes and consideration
29 therein expressed and in the capacity therein stated.
30
31
32 ,20 .
33
34
35 Nltl�', . /�_
36 \0\\\\ ....... Notary Public r�r . (Mr tfie State of Texas
37 e •�P O��c °
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
` o
38 m o
1(5), co
° 0F. o
i ° -% ..;XPIRE . ,ee>
39 >i"1,,l2�`F01� ,,''
,r'
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
day of
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
1
2
3
4
5
6
7
8
9
10
11
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13
14
15
16
17
18
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38
00 45 39 - 1
MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL
Page 1 of 1
SECTION 00 45 39
MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL
APPLICATION OF POLICY
If the total dollar value of the contract is $25,000 or more, the M/WBE goal is applicable.
If the total dollar value of the contract is less than $25,000, the M/WBE goal is not applicable.
POLICY STATEMENT
It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority
and Women Business Enterprises (M/VVBE) in the procurement of all goods and services to the
City on a contractual basis. All requirements and regulations stated in the City's current Minority
and Women Business Enterprise Ordinance (Ordinance No. 20020-12-2011) apply to this bid. A
copy of this ordinance is available upon request.
M/WBE PROJECT GOAL
The M/WBE goal requirements for this project have been waived, due to limited M/WBE sub-
contracting opportunities associated with the work.
COMPLIANCE TO BID SPECIFICATIONS
On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's
M/WBE Ordinance by either of the following:
1. Meet or exceed the above stated M/WBE goal, or
2. Good Faith Effort documentation, or;
3. Waiver documentation, or;
4. Joint Venture.
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) 212-2674.
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 Mf WBE documentation in person to:;the appropriate employee ; o f the
Managing Department and obtain a late/tithe receipt Stich receipt shall be ev
received_lhe documentation in'thetime allocated._ A faxed,copy #lilt, be cced
1. Subcontractor Utilization Form, if goal is met
or exceeded:
2. Good Faith Effort and Subcontractor
Utilization Form, if participation is less than
stated goal:
3. Good Faith Effort and Subcontractor
Utilization Form, if no M/WBE participation:
4. Prime Contractor Waiver Form, if firm will
perform all subcontracting/supplier work:
5. Joint Venture Form, if utilizing a joint venture
to meet or exceed goal.
received by 5:00 p.m., five (5) working days after the
bid opening date, exclusive of the bid opening date.
received by 5:00 p.m., five (5) working days after the
bid opening date, exclusive of the bid opening date.
received by 5:00 p.m., five (5) working days after the
bid opening date, exclusive of the bid opening date.
received by 5:00 p.m., five (5) working days after the
bid opening date, exclusive of the bid opening date.
received by 5:00 p.m., five (5) working days after the
bid opening date, exclusive of the bid opening date.
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised October 11, 2012
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
005243-1
Agreement
Page 1 of 4
1 SECTION 00 52 43
2 AGREEMENT
3
4 THIS AGREEMENT, authorized on .Jc�,ur,'�l 81 zolz, is made by and between the City of Fort
5 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager,
6 ("City"), and Red River Construction Co.
7 authorized to do business in Texas, acting by and through its duly authorized representative,
8 ("Contractor").
9 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
10 follows:
11 Article 1. WORK
12 Contractor shall complete all Work as specified or indicated in the Contract Documents for the
13 Project identified herein.
14 Article 2. PROJECT
15 The project for which the Work under the Contract Documents may be the whole or only a part is
16 generally described as follows:
17 RHWTP Filter Underdrain Cap Replacement Proiect
18 Proiect No. WTR-2012-000032
19 Article 3. CONTRACT TIME
20 3.1 Time is of the essence.
21 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
22 Documents are of the essence to this Contract.
23 3.2 Final Acceptance.
24 The Work will be complete for Final Acceptance within 210 days after the date when the
25 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions.
26 3.3 Liquidated damages
27 Contractor recognizes that time is of the essence of this Agreement and that City will
28 suffer financial loss if the Work is not completed within the times specified in Paragraph
29 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the
30 General Conditions. The Contractor also recognizes the delays, expense and difficulties
31 involved in proving in a legal proceeding the actual loss suffered by the City if the Work
32 is not completed on time. Accordingly, instead of requiring any such proof , Contractor
33 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay
34 City five hundred Dollars ($500.00) for each day that expires after the time specified in
35 Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised June 4, 2012
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
005243-2
Agreement
Page 2 of 4
36 Article 4. CONTRACT PRICE
37 City agrees to pay Contractor for performance of the Work in accordance with the Contract
38 Documents an amount in current funds of Five hundred seventy-one thousand Dollars
39 ($ 571, 000.00 ).
40 Article 5. CONTRACT DOCUMENTS
41 5.1 CONTENTS:
42 A. The Contract Documents which comprise the entire agreement between City and
43 Contractor concerning the Work consist of the following:
44 1. This Agreement.
45 2. Attachments to this Agreement:
46 a. Bid Form
47 1) Proposal Form
48 2) Vendor Compliance to State Law Non -Resident Bidder
49 b. Current Prevailing Wage Rate Table
50 c. Insurance ACORD Form(s)
51 d. Payment Bond
52 e. Performance Bond
53 f. Maintenance Bond
54 g. Power of Attorney for the Bonds
55 h. Worker's Compensation Affidavit
56 3. General Conditions.
57 4. Supplementary Conditions.
58 5. Specifications specifically made a part of the Contract Documents by attachment
59 or, if not attached, as incorporated by reference and described in the Table of
60 Contents of the Project's Contract Documents.
61 6. Drawings.
62 7. Addenda.
63 8. Documentation submitted by Contractor prior to Notice of Award.
64 9. The following which may be delivered or issued after the Effective Date of the
65 Agreement and, if issued, become an incorporated part of the Contract Documents:
66 a. Notice to Proceed.
67 b. Field Orders.
68 c. Change Orders.
69 d. Letter of Final Acceptance.
70
71
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised June 4, 2012
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-20I2-000032
00 52 43 - 3
Agreement
Page 3 of 4
72 Article 6. INDEMNIFICATION
73 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
74 expense, the city, its officers, servants and employees, from and against any and all
75 claims arising out of, or alleged to arise out of, the work and services to be performed
76 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
77 under this contract. This indemnification provision is specifically intended to operate
78 and be effective even if it is alleged or proven that all or some of the damages being
79 sought were caused, in whole or in part, by anv act. omission or negligence of the city.
80 This indemnity provision is intended to include, without limitation, indemnity for
81 costs, expenses and legal fees incurred by the city in defending against such claims and
82 causes of actions.
83
84 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
85 the city, its officers, servants and employees, from and against any and all loss, damage
86 or destruction of property of the city, arising out of, or alleged to arise out of, the work
87 and services to be performed by the contractor, its officers, agents, employees,
88 subcontractors, licensees or invitees under this contract. This indemnification
89 provision is specifically intended to operate and be effective even if it is alleged or
90 proven that all or some of the damages being sought were caused. in whole or in part.
91 by anv act. omission or negligence of the city.
92
93 Article 7. MISCELLANEOUS
94 7.1 Terms.
95 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
96 have the meanings indicated in the General Conditions.
97 7.2 Assignment of Contract.
98 This Agreement, including all of the Contract Documents may not be assigned by the
99 Contractor without the advanced express written consent of the City.
100 7.3 Successors and Assigns.
101 City and Contractor each binds itself, its partners, successors, assigns and legal
102 representatives to the other party hereto, in respect to all covenants, agreements and
103 obligations contained in the Contract Documents.
104 7.4 Severability.
105 Any provision or part of the Contract Documents held to be unconstitutional, void or
106 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
107 remaining provisions shall continue to be valid and binding upon CITY and
108 CONTRACTOR.
109 7.5 Governing Law and Venue.
110 This Agreement, including all of the Contract Documents is performable in the State of
111 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
112 Northern District of Texas, Fort Worth Division.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised June 4, 2012
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
00 52 43 - 4
Agreement
Page 4 of 4
113 7.6 Other Provisions.
114 The Contractor agrees to pay at least minimum wage per hour for all labor as the salve is
115 classified, promulgated and set out by the City, a copy of which is attached hereto and
116 made a part hereof the same as if it were copied verbatim herein.
117 7.7 Authority to Sign.
Contractor shall attach evidence of authority to sign Agreement, if other than duly
authorized signatory of the Contractor.
118
119
120
121 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple
122 counterparts.
123
124 This Agreement is effective as of the last date signed by the Parties ("Effective Date").
125
126
127
128
129
130
131
132
133
134
135
Contractor:
Red River Construction Co.
Dean Porter
(Printed Name)
Title: President
Address: 2804 Capital Street
City/State/Zip: Wylie, TX 75098
City of Fort Worth
By:
Date
Attest:
(Seal)
Fernando Costa
Assistant City Manager
A3
Ma ry{,T.1 ays • ,
City S retary
M&C C - Z6cx/3
Date:
(, Y. t3
as to Form and Legality:
Date Douglas W. Black
Assistant City Attorney
APPROVAL RECOMMENDED:
cek-4, (rvii,vt/
L 1
S. Frank Crumb, P.E.
DIRECTOR,
Water Department
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised June 4, 2012
OFFICIAL. RECORD
CITY SOICRETART
ptWONItX
ierdrain Cap Replacement Project
Project No. WTR-2012-000032
1
2
SECTION 00 61 13
PERFORMANCE BOND
00 61 13 - 1
PERFORMANCE BOND
Page l of 2
Bond #PRF09102269
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7 That we, Red River Construction Co. , known as
8 "Principal" herein and Colonial American Casualty and Surety Company , a corporate
9 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as
10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a
11 municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal
12 SUM of, Five hundred seventy one thousand & no/100 Dollars
13 ($ 571,000.00 ), lawful money of the United States, to be paid in Fort Worth,
14 Tarrant County, Texas for the payment of which sum well and truly to be made, we bind
15 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
16 firmly by these presents.
17 WHEREAS, the Principal has entered into a certain written contract with the City
18 awarded the 9/4. day of :rim 4 L y , 20 i 3 , which Contract is hereby referred to and
19 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment
20 labor and other accessories defined by law, in the prosecution of the Work, including any Change
21 Orders, as provided for in said Contract designated as RHWTP Filter Underdrain Replacement
22 Project, Project No. WTR-2012-000032.
23 NOW, THEREFORE, the condition of this obligation is such that if the said Principal
24 shall faithfully perform it obligations under the Contract and shall in all respects duly and
25 faithfully perform the Work, including Change Orders, under the Contract, according to the plans,
26 specifications, and contract documents therein referred to, and as well during any period of
27 extension of the Contract that may be granted on the part of the City, then this obligation shall be
28 and become null and void, otherwise to remain in full force and effect.
29 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
30 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
31 Worth Division.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
00 61 13 - 2
PERFORMANCE BOND
Page 2 of 2
1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
3 accordance with the provisions of said statue.
4 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED
5 this instrument by duly authorized agents and officers on this the / 4
day of 77.1.4v,
6 .20 1.3 .
7
8
9
10
11 BY:
12 Signature
13 ATTEST:
14 15 r_CD-)
16 (Principal) Secretary
17
18
19
20
21
22 Witn• cast
23
24
25
26
27 B.
28
29
30
31
32
33 Address: 900 Summit Ave.
34 Ft Worth, TX 76102
35
36 ea5.east
37 Witness as to Surety Telephone Number: 817/336-8520
38
39
40
41 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract
42 from the by-laws showing that this person has authority to sign such obligation. If
43 Surety's physical address is different from its mailing address, both must be provided.
44 The date of the bond shall not be prior to the date the Contract is awarded.
PRINCIPAL:
Red River Construction Co.
Dean Porter, President
Name and Title
Address: 2804 Capial Street
Wylie, TX 75098
SURETY:
Colonial American Casualty and Surety
Company
45
Tracy Tucker, Attorney -in -Fact
Name and Title
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
GEOFFREY DELISIO, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies,
which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint Tracy TUCKER, W. Lawrence BROWN, Kevin J. DUNN and Steven TUCKER, all of Ft. Worth, Texas,
EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and
deed: any and all bonds and undertakings, EXCEPT bonds on behalf of Independent Executors, Community Survivors and
Community Guardians. and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected
officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected
officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper
persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 6th day of December, A.D. 2012.
BY
Assistant Secretary
Gerald F. Haley
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Vice President
Geoffrey Delisio
State of Maryland
City of Baltimore
On this 6th day of December, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,
GEOFFREY DELISIO, Vice President, and GERALD F. HALEY, Assistant Secretary, of the Companies, to me personally known to be the individuals
and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and
saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,
and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
Constance A. Dunn, Notary Public
My Commission Expires: July 14, 2015
POA-F 168-2829B
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this $ day of 12,E u, 20 13 .
James M. Carroll, Vice President
1 SECTION 00 61 14
2 PAYMENT BOND
3
4 THE STATE OF TEXAS
5
6 COUNTY OF TARRANT
00 61 14 - 1
PAYMENT BOND
Page 1 of 2
Bond #PRF09102269
KNOW ALL BY THESE PRESENTS:
7 That we, Red River Construction Co. . known as
8 "Principal" herein, and Colonial American Casualty and Surety Company a
9 corporate surety (sureties), duly authorized to do business in the State of Texas, known as
10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a
11 municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein,
12 in the penal sum of Five hundred seventy one thousand and no/100---- Dollars
13 ($ 571,000.00 ), lawful money of the United States, to be paid in Fort Worth,
14 Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves,
15 our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
16 presents:
17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the
18 e n. _day of T A tAt, -, , 20 % 3 , which Contract is hereby referred to and
19 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment,
20 labor and other accessories as defined by law, in the prosecution of the Work as provided for in
21 said Contract and designated as RHWTP Filter Underdrain Cap Replacement Project, Project No.
22 WTR-2012-000032.
23 NOW, THEREFORE, THE :CONDITION OF THIS OBLIGATION is such that if
24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in
25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full
27 force and effect.
28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
30 accordance with the provisions of said statute.
31
CITY OF FORT WORTI-1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1,2011
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
11
II
11
I!
I I
u
Il
00 61 14 - 2
PAYMENT BOND
Page 2 of 2
1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED
2 this instrument by duly authorized agents and officers on this the f1'lj` day of
3 Ter,uc.,y .20 i3 .
4
ATTEST:
(Principal) ec etary
(Surety) Secretary
Witness as to Surety
PRINCIPAL:
Red River Construction Co.
rr-
Signature
Dean Porter, President
Name and Title
Address: 2804 Capital Street
Wylie, TX 75098
SURETY:
Colonial American Casualty and
Surety Company
Tracy Tucker, Attorney -in -Fact
Name and Title
Address: 900 Summit Ave.
Ft Worth, TX 76102
Telephone Number: 817/336-852o
5
6 Note: If signed by an officer of the ,Surety, there must be on file a certified extract from the
7 bylaws showing that this person has authority to sign such obligation. If Surety's physical
8 address is different from its mailing address, both must be provided.
9
10 The date of the bond shall not be prior to the date the Contract is awarded.
11 END OF SECTION
12
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
GEOFFREY DELISIO, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies,
which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint Tracy TUCKER, W. Lawrence BROWN, Kevin J. DUNN and Steven TUCKER, all of Ft. Worth, Texas,
EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and
deed: any and all bonds and undertakings, EXCEPT bonds on behalf of Independent Executors, Community Survivors and
Community Guardians. and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected
officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected
officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper
persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 6th day of December, A.D. 2012.
By
Assistant Sec'etat y
Gerald F. Haley
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Vice President
Geoffrey Delisio
State of Maryland
City of Baltimore
On this 6th day of December, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duty commissioned and qualified,
GEOFFREY DELISIO, Vice President, and GERALD F. HALEY, Assistant Secretary, of the Companies, to me personally known to be the individuals
and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and
saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,
and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
Cp t��t2 C2.
Constance A. Dunn, Notary Public
My Cornrnission Expires: July 14, 2015
POA-F 168-2829B
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attornevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a rneeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the I0th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN,IESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this day of Tti%vcr; •a 20 I
James M. Carroll, Vice President
2
3
4 THE STATE OF TEXAS
5
6 COUNTY OF TARRANT
7
SECTION 00 61 19
MAINTENANCE BOND
§
006119-I
MAINTENANCE BOND
Page I of 3
Bond #PRF09102269
KNOW ALL BY THESE PRESENTS:
8 That we Red River Construction Co. , known as
9 "Principal" herein and Colonial American Casualty and Surety Company , a corporate surety
10 (sureties, if more than one) duly authorized to do business in the State of Texas, known as
11 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a
12 municipal corporation created pursuantto the laws of the State of Texas, known as "City" herein,
13 in the sum of Five hundred seventy one thousand & no/100-- Dollars
14 ($ 571,000.00 ), lawful money of the United States, to be paid in Fort Worth,
15 Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its
16 successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
17 and severally, firmly by these presents.
18
19 WHEREAS, the Principal has entered into a certain written contract with the City awarded
20 the 044` day of J c;,.-1e<i'y . 2013 , which Contract is hereby
21 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all
22 materials, equipment labor and other accessories as defined by law, in the prosecution of the
23 Work, including any Work resulting from a duly authorized Change Order (collectively herein,
24 the "Work") as provided for in said contract and designated as RHWTP Filter Underdrain Cap
25 Replacement Project, Project No. WTR-2012-000032; and
26
27 WHEREAS, Principal binds itself to use such materials and to so construct the Work in
28 accordance with the plans, specifications and Contract Documents that the Work is and will
29 remain free from defects in materials or workmanship for and during the period of two (2) years
30 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and
31
32 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part
33 upon receiving notice from the City of the need therefor at any time within the Maintenance
34 Period.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
00 61 19 - 2
MAINTENANCE BOND
Page 2 of 3
1
2 NOW THEREFORE, the condition of this obligation is such that if Principal shall
3 remedy any defective Work, for which timely notice was provided by City, to a completion
4 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in
5 full force and effect.
6
7 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely
8 noticed defective Work, it is agreed that the City may cause any and all such defective Work to
9 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and
10 the Surety under this Maintenance bond; and
11
12 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
13 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
14 Worth Division; and
15
16 PROVIDED FURTHER, that this obligation shall be continuous in nature and
17 successive recoveries may be had hereon for successive breaches.
18
19
20
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
00 61 19 - 3
MAINTENANCE BOND
Page 3 of 3
1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this
2 instrument by duly authorized agents and officers on this the 5'114' day of 7,it �i
3 20'..
4
5
6
7
8
9
10
11 ATTEST:
12
13 l J�1Lu • cs.,1-) (
14 (Principal) 'A retary
15
16
17
18
19
20 Witta'ess as to
21
22
23
24
25
26
27
28
29 ATTEST:
30
31
32
33
34
35
36
37
38
39
40
41
Witness as to Surety
PRINCIPAL:
Red River Construction Co.
BY:
Signature
Dean Porter, President
Name and Title
Address: 2804 Capital Street
Wylie, TX 75098
SURETY:
Colonial American Casualty and Surety
Company
Tracy Tucker, Attorney -in -Fact
Name and Title
Address: 900 Summit Ave.
Ft Worth, TX 76102
Telephone Number: 817/336-8520
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract
from the by-laws showing that this person has authority to sign such obligation. If
Surety's physical address is different from its mailing address, both must be provided.
The date of the bond shall not be prior to the date the Contract is awarded.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
RHWTP Filter Underdrain Cap Replacement Project
Project No. WTR-2012-000032
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
GEOFFREY DELISIO, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies,
which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint Tracy TUCKER, W. Lawrence BROWN, Kevin J. DUNN and Steven TUCKER, all of Ft. Worth, Texas,
EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and
deed: any and all bonds and undertakings, EXCEPT bonds on behalf of Independent Executors, Community Survivors and
Community Guardians. and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected
officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected
officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper
persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 6th day of December, A.D. 2012.
ATTEST:
Assistant Secretat y
Gerald F. Haley
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Vice President
Geoffrey Delisio
State of Maryland
City of Baltimore
On this 6th day of December, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,
GEOFFREY DELISIO, Vice President, and GERALD F. HALEY, Assistant Secretary, of the Companies, to me personally known to be the individuals
and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and
saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,
and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
C..L. �A�JllY1.J • . .,1'.
/,11111111
Constance A. Dunn, Notary Public
My Commission Expires: July 14, 2015
POA-F 168-2829B
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the loth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this _ "day of Mtu,2013 .
James M. Carroll, Vice President
Fidelity and Deposit Companies
Home Office: 3910 Keswick Road Baltimore, MD 21211
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and
Surety Company, and/or Zurich American Insurance Company's toll -free telephone number for
information or to make a complaint at:
1-800-654-5155
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
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or
about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial
American Casualty and Surety Company. 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.
S8543f(TX) (08/01)
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article 1— Definitions and Terminology 1
1.01 Defined Terms 1
1.02 Terminology 6
Article 2 — Preliminary Matters 7
2.01 Copies of Documents 7
2.02 Commencement of Contract Time; Notice to Proceed 7
2.03 Starting the Work 8
2.04 Before Starting Construction 8
2.05 Preconstruction Conference 8
2.06 Public Meeting 8
2.07 Initial Acceptance of Schedules 8
Article 3 — Contract Documents: Intent, Amending, Reuse 8
3.01 Intent 8
3.02 Reference Standards 9
3.03 Reporting and Resolving Discrepancies 9
3.04 Amending and Supplementing Contract Documents 10
3.05 Reuse of Documents 10
3.06 Electronic Data 11
Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions; Reference Points 11
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 Superintendence 19
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
6.02 Labor; Working Hours 20
6.03 Services, Materials, and Equipment 20
6.04 Project Schedule 21
6.05 Substitutes and "Or -Equals" 21
6.06 Concerning Subcontractors, Suppliers, and Others 24
6.07 Wage Rates 25
6.08 Patent Fees and Royalties 26
6.09 Permits and Utilities 27
6.10 Laws and Regulations 27
6.11 Taxes 28
6.12 Use of Site and Other Areas 28
6.13 Record Documents 29
6.14 Safety and Protection 29
6.15 Safety Representative 30
6.16 Hazard Communication Programs 30
6.17 Emergencies and/or Rectification 30
6.18 Submittals 31
6.19 Continuing the Work 32
6.20 Contractor's General Warranty and Guarantee 32
6.21 Indemnification 33
6.22 Delegation of Professional Design Services 34
6.23 Right to Audit 34
6.24 Nondiscrimination 35
Article 7 - Other Work at the Site 35
7.01 Related Work at Site 35
7.02 Coordination 36
Article 8 - City's Responsibilities 36
8.01 Communications to Contractor 36
8.02 Furnish Data 36
8.03 Pay When Due 36
8.04 Lands and Easements; Reports and Tests 36
8.05 Change Orders 36
8.06 Inspections, Tests, and Approvals 36
8.07 Limitations on City's Responsibilities 37
8.08 Undisclosed Hazardous Environmental Condition 37
8.09 Compliance with Safety Program 37
Article 9 - City's Observation Status During Construction 37
9.01 City's Project Representative 37
9.02 Visits to Site 37
9.03 Authorized Variations in Work 38
9.04 Rejecting Defective Work 38
9.05 Determinations for Work Performed 38
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work 38
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
Article 10 - Changes in the Work; Claims; Extra Work 38
10.01 Authorized Changes in the Work 38
10.02 Unauthorized Changes in the Work 39
10.03 Execution of Change Orders 39
10.04 Extra Work 39
10.05 Notification to Surety 39
10.06 Contract Claims Process 40
Article 11- Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement 41
11.01 Cost of the Work 41
11.02 Allowances 43
11.03 Unit Price Work 44
11.04 Plans Quantity Measurement 45
Article 12 - Change of Contract Price; Change of Contract Time 46
12.01 Change of Contract Price 46
12.02 Change of Contract Time 47
12.03 Delays 47
Article 13 -
13.01
13.02
13.03 Tests and Inspections
13.04 Uncovering Work
13.05 City May Stop the Work
13.06 Correction or Removal of Defective Work
13.07 Correction Period
13.08 Acceptance of Defective Work
13.09 City May Correct Defective Work
Article 14 -
14.01
14.02
14.03 Contractor's Warranty of Title
14.04 Partial Utilization
14.05 Final Inspection
14.06 Final Acceptance
14.07 Final Payment
14.08 Final Completion Delayed and Partial Retainage Release
14.09 Waiver of Claims
Tests and Inspections; Correction, Removal or Acceptance of Defective Work 48
Notice of Defects 48
Access to Work 48
48
49
49
50
50
51
51
Payments to Contractor and Completion 52
Schedule of Values 52
Progress Payments 52
54
55
55
55
56
56
57
Article 15 - Suspension of Work and Termination 57
15.01 City May Suspend Work 57
15.02 City May Terminate for Cause 58
15.03 City May Terminate For Convenience 60
Article 16 - Dispute Resolution 61
16.01 Methods and Procedures 61
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
Article 17 — Miscellaneous 62
17.01 Giving Notice 62
17.02 Computation of Times 62
17.03 Cumulative Remedies 62
17.04 Survival of Obligations 63
17.05 Headings 63
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
007200-1
GENERAL CONDITIONS
Page 1 of 62
ARTICLE 1— DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in these General Conditions or in other Contract Documents, the terms listed
below have the meanings indicated which are applicable to both the singular and plural thereof,
and words denoting gender shall include the masculine, feminine and neuter. Said terms are
generally capitalized or written in italics, but not always. When used in a context consistent with
the definition of a listed -defined term, the term shall have a meaning as defined below whether
capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references to identified articles and paragraphs,
and the titles of other documents or forms.
1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify,
correct, or change the Bidding Requirements or the proposed Contract Documents.
2. Agreement —The written instrument which is evidence of the agreement between City and
Contractor covering the Work.
3. Application for Payment —The form acceptable to City which is to be used by Contractor
during the course of the Work in requesting progress or final payments and which is to be
accompanied by such supporting documentation as is required by the Contract Documents.
4. Asbestos —Any material that contains more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current action levels established by the United
States Occupational Safety and Health Administration.
5. Award — Authorization by the City Council for the City to enter into an Agreement.
6. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the
prices for the Work to be performed.
7. Bidder —The individual or entity who submits a Bid directly to City.
8. Bidding Documents The Bidding Requirements and the proposed Contract Documents
(including all Addenda).
9. Bidding Requirements —The advertisement or Invitation to Bid, Instructions to Bidders, Bid
security of acceptable form, if any, and the Bid Form with any supplements.
10. Business Day — A business day is defined as a day that the City conducts normal business,
generally Monday through Friday, except for federal or state holidays observed by the City.
11. Buzzsaw — City's on-line, electronic document management and collaboration system.
12. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
007200-2
GENERAL CONDITIONS
Page 2 of 62
13. Change Order —A document, which is prepared and approved by the City, which is signed
by Contractor and City and authorizes an addition, deletion, or revision in the Work or an
adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date
of the Agreement.
14. City— The City of Fort Worth, Texas, a home -rule municipal corporation, authorized and
chartered under the Texas State Statutes, acting by its governing body through its City
Manager, his designee, or agents authorized under his behalf, each of which is required by
Charter to perform specific duties with responsibility for final enforcement of the contracts
involving the City of Fort Worth is by Charter vested in the City Manager and is the entity
with whom Contractor has entered into the Agreement and for whom the Work is to be
performed.
15. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or
his duly authorized representative.
16. City Council - The duly elected and qualified governing body of the City of Fort Worth,
Texas.
17. City Manager — The officially appointed and authorized City Manager of the City of Fort
Worth, Texas, or his duly authorized representative.
18. Contract Claim A demand or assertion by City or Contractor seeking an adjustment of
Contract Price or Contract Time, or both, or other relief with respect to the terms of the
Contract. A demand for money or services by a third party is not a Contract Claim.
19. Contract The entire and integrated written document between the City and Contractor
concerning the Work. The Contract contains the Agreement and all Contract Documents and
supersedes prior negotiations, representations, or agreements, whether written or oral.
20. Contract Documents Those items so designated in the Agreement. All items listed in the
Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and
the reports and drawings of subsurface and physical conditions are not Contract Documents.
21. Contract Price The moneys payable by City to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the Agreement (subject to the
provisions of Paragraph 11.03 in the case of Unit Price Work).
22. Contract Time —The number of days or the dates stated in the Agreement to: (i) achieve
Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance.
23. Contractor —The individual or entity with whom City has entered into the Agreement.
24. Cost of the Work —See Paragraph 11.01 of these General Conditions for definition.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
00 72 00 - 3
GENERAL CONDITIONS
Page 3 of 62
25. Damage Claims — A demand for money or services arising from the Project or Site from a
third party, City or Contractor exclusive of a Contract Claim.
26. Day or day — A day, unless otherwise defined, shall mean a Calendar Day.
27. Director of Aviation — The officially appointed Director of the Aviation Department of the
City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents.
28. Director of Parks and Community Services — The officially appointed Director of the Parks
and Community Services Department of the City of Fort Worth, Texas, or his duly appointed
representative, assistant, or agents.
29. Director of Planning and Development — The officially appointed Director of the Planning
and Development Department of the City of Fort Worth, Texas, or his duly appointed
representative, assistant, or agents.
30. Director of Transportation Public Works — The officially appointed Director of the
Transportation Public Works Department of the City of Fort Worth, Texas, or his duly
appointed representative, assistant, or agents.
31. Director of Water Department — The officially appointed Director of the Water Department
of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents.
32. Drawings —That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be performed by
Contractor. Submittals are not Drawings as so defined.
33. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated, it means the date on which the Agreement is signed
and delivered by the last of the two parties to sign and deliver.
34. Engineer —The licensed professional engineer or engineering firm registered in the State of
Texas performing professional services for the City.
35. Extra Work — Additional work made necessary by changes or alterations of the Contract
Documents or of quantities or for other reasons for which no prices are provided in the
Contract Documents. Extra work shall be part of the Work.
36. Field Order —A written order issued by City which requires changes in the Work but which
does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer.
37. Final Acceptance — The written notice given by the City to the Contractor that the Work
specified in the Contract Documents has been completed to the satisfaction of the City.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
007200-4
GENERAL CONDITIONS
Page 4 of 62
38. Final Inspection — Inspection carried out by the City to verify that the Contractor has
completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in
conformance with the Contract Documents.
39. General Requirements —Sections of Division 1 of the Contract Documents.
40. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs,
Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or
circumstances that may present a substantial danger to persons or property exposed thereto.
41. Hazardous Waste —Hazardous waste is defined as any solid waste listed as hazardous or
possesses one or more hazardous characteristics as defined in the federal waste regulations,
as amended from time to time.
42. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes,
and orders of any and all governmental bodies, agencies, authorities, and courts having
jurisdiction.
43. Liens Charges, security interests, or encumbrances upon Project funds, real property, or
personal property.
44. Major Item — An Item of work included in the Contract Documents that has a total cost equal
to or greater than 5% of the original Contract Price or $25,000 whichever is less.
45. Milestone —A principal event specified in the Contract Documents relating to an intermediate
Contract Time prior to Final Acceptance of the Work.
46. Notice of Award —The written notice by City to the Successful Bidder stating that upon
timely compliance by the Successful Bidder with the conditions precedent listed therein, City
will sign and deliver the Agreement.
47. Notice to Proceed —A written notice given by City to Contractor fixing the date on which the
Contract Time will commence to run and on which Contractor shall start to perform the
Work specified in Contract Documents.
48. PCBs Polychlorinated biphenyls.
49. Petroleum Petroleum, including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square
inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and
oil mixed with other non -Hazardous Waste and crude oils.
50. Plans — See definition of Drawings.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
007200-5
GENERAL CONDITIONS
Page 5 of 62
51. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with
the General Requirements, describing the sequence and duration of the activities comprising
the Contractor's plan to accomplish the Work within the Contract Time.
52. Project —The Work to be performed under the Contract Documents.
53. Project Representative —The authorized representative of the City who will be assigned to
the Site.
54. Public Meeting — An announced meeting conducted by the City to facilitate public
participation and to assist the public in gaining an informed view of the Project.
55. Radioactive Material —Source, special nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.
56. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday
tbru Friday (excluding legal holidays).
57. Samples —Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and which establish the standards by which such
portion of the Work will be judged.
58. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements to support scheduled performance of related
construction activities.
59. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions
of the Contract Price to various portions of the Work and used as the basis for reviewing
Contractor's Applications for Payment.
60. Site —Lands or areas indicated in the Contract Documents as being furnished by City upon
which the Work is to be performed, including rights -of -way, permits, and easements for
access thereto, and such other lands furnished by City which are designated for the use of
Contractor.
61. Specifications —That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards and workmanship as applied to the Work, and
certain administrative requirements and procedural matters applicable thereto. Specifications
may be specifically made a part of the Contract Documents by attachment or, if not attached,
may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00)
of each Project.
62. Subcontractor —An individual or entity having a direct contract with Contractor or with any
other Subcontractor for the performance of a part of the Work at the Site.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
007200-6
GENERAL CONDITIONS
Page 6 of 62
63. Submittals All drawings, diagrams, illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for Contractor and submitted by
Contractor to illustrate some portion of the Work.
64. Successful Bidder —The Bidder submitting the lowest and most responsive Bid to whom City
makes an Award.
65. Superintendent — The representative of the Contractor who is available at all times and able
to receive instructions from the City and to act for the Contractor.
66. Supplementary Conditions —That part of the Contract Documents which amends or
supplements these General Conditions.
67. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a
direct contract with Contractor or with any Subcontractor to furnish materials or equipment
to be incorporated in the Work by Contractor or Subcontractor.
68. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements
containing such facilities, including but not limited to, those that convey electricity, gases,
steam, liquid petroleum products, telephone or other communications, cable television,
water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.
69. Unit Price Work —See Paragraph 11.03 of these General Conditions for definition.
70. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday,
Sunday or legal holiday, as approved in advance by the City.
71. Work —The entire construction or the various separately identifiable parts thereof required to
be provided under the Contract Documents. Work includes and is the result of performing or
providing all labor, services, and documentation necessary to produce such construction
including any Change Order or Field Order, and furnishing, installing, and incorporating all
materials and equipment into such construction, all as required by the Contract Documents.
72. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal
holidays authorized by the City for contract purposes, in which weather or other conditions
not under the control of the Contractor will permit the performance of the principal unit of
work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
B. Intent of Certain Terms or Adjectives:
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
007200-7
GENERAL CONDITIONS
Page 7 of 62
1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as
directed" or terms of like effect or import to authorize an exercise of judgment by City. In
addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or
adjectives of like effect or import are used to describe an action or determination of City as to
the Work. It is intended that such exercise of professional judgment, action, or determination
will be solely to evaluate, in general, the Work for compliance with the information in the
Contract Documents and with the design concept of the Project as a functioning whole as
shown or indicated in the Contract Documents (unless there is a specific statement indicating
otherwise).
C. Defective:
1. The word "defective," when modifying the word "Work," refers to Work that is
unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents; or
c. has been damaged prior to City's written acceptance.
D. Furnish, Install, Perform, Provide:
1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or
the word "Supply," or any combination or similar directive or usage thereof, shall mean
furnishing and incorporating in the Work including all necessary labor, materials, equipment,
and everything necessary to perform the Work indicated, unless specifically limited in the
context used.
E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known
technical or construction industry or trade meaning are used in the Contract Documents in
accordance with such recognized meaning.
ARTICLE 2 — PRELIMINARY MATTERS
2.01 Copies of Documents
City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the
Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be
furnished upon request at the cost of reproduction.
2.02 Commencement of Contract Time; Notice to Proceed
The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to
Proceed may be given at any time within 14 days after the Effective Date of the Agreement.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
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00 72 00 -10
GENERAL CONDITIONS
Page 10 of 62
6.17.A) until an amendment or supplement to the Contract Documents has been issued by
one of the methods indicated in Paragraph 3.04.
3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or
discrepancy in the Contract Documents unless Contractor had actual knowledge thereof.
B. Resolving Discrepancies:
1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of
the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or
discrepancy between the provisions of the Contract Documents and the provisions of any
standard, specification, manual, or the instruction of any Supplier (whether or not specifically
incorporated by reference in the Contract Documents).
2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall
govern over Specifications, Supplementary Conditions shall govern over General Conditions
and Specifications, and quantities shown on the Plans shall govern over those shown in the
proposal.
3.04 Amending and Supplementing Contract Documents
A. The Contract Documents may be amended to provide for additions, deletions, and revisions in
the Work or to modify the terms and conditions thereof by a Change Order.
B. The requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work not involving a change in Contract Price or Contract Time, may be
authorized, by one or more of the following ways:
1. A Field Order;
2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or
3. City's written interpretation or clarification.
3.05 Reuse of Documents
A. Contractor and any Subcontractor or Supplier shall not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or bearing the seal of Engineer,
including electronic media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of
the Project or any other project without written consent of City and specific written
verification or adaptation by Engineer.
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B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract
Documents for record purposes.
3.06 Electronic Data
A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer
to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the
printed copies included in the Contract Documents (also known as hard copies) and other
Specifications referenced and located on the City's Buz7saw site. Files in electronic media
format of text, data, graphics, or other types are furnished only for the convenience of the
receiving party. Any conclusion or information obtained or derived from such electronic files
will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard
copies, the hard copies govern.
B. When transferring documents in electronic media format, the transferring party makes no
representations as to long term compatibility, usability, or readability of documents resulting
from the use of software application packages, operating systems, or computer hardware
differing from those used by the data's creator.
ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS
4.01 Availability of Lands
A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of
general application but specifically related to use of the Site with which Contractor must comply
in performing the Work. City will obtain in a timely manner and pay for easements for
permanent structures or permanent changes in existing facilities.
1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or
easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in
accordance with the schedule set forth in the Supplementary Conditions. The Project
Schedule submitted by the Contractor in accordance with the Contract Documents must
consider any outstanding right-of-way, and/or easements.
2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site.
Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance
with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted
by the Contractor in accordance with the Contract Documents must consider any outstanding
utilities or obstructions to be removed, adjusted, and/or relocated by others.
B. Upon reasonable written request, City shall furnish Contractor with a current statement of record
legal title and legal description of the lands upon which the Work is to be performed.
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GENERAL CONDITIONS
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C. Contractor shall provide for all additional lands and access thereto that may be required for
construction facilities or storage of materials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary Conditions identify:
1. those reports known to City of explorations and tests of subsurface conditions at or
contiguous to the Site; and
2. those drawings known to City of physical conditions relating to existing surface or
subsurface structures at the Site (except Underground Facilities).
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Contractor may not make any Contract Claim against City, or any of their officers,
directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences, and procedures of
construction to be employed by Contractor, and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions, and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such
other data, interpretations, opinions, or information.
4.03 Differing Subsurface or Physical Conditions
A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or
revealed either:
1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to
rely as provided in Paragraph 4.02 is materially inaccurate; or
2. is of such a nature as to require a change in the Contract Documents; or
3. differs materially from that shown or indicated in the Contract Documents; or
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract
Documents;
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then Contractor shall, promptly after becoming aware thereof and before further disturbing the
subsurface or physical conditions or performing any Work in connection therewith (except in an
emergency as required by Paragraph 6.17.A), notify City in writing about such condition.
B. Possible Price and Time Adjustments
Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if:
1. Contractor knew of the existence of such conditions at the time Contractor made a final
commitment to City with respect to Contract Price and Contract Time by the submission of a
Bid or becoming bound under a negotiated contract; or
2. the existence of such condition could reasonably have been discovered or revealed as a result
of the examination of the Contract Documents or the Site; or
3. Contractor failed to give the written notice as required by Paragraph 4.03.A.
4.04 Underground Facilities
A. Shown or Indicated: The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the Site is based on
information and data furnished to City or Engineer by the owners of such Underground
Facilities, including City, or by others. Unless it is otherwise expressly provided in the
Supplementary Conditions:
1. City and Engineer shall not be responsible for the accuracy or completeness of any such
information or data provided by others; and
2. the cost of all of the following will be included in the Contract Price, and Contractor shall
have full responsibility for:
a. reviewing and checking all such information and data;
b. locating all Underground Facilities shown or indicated in the Contract Documents;
c. coordination and adjustment of the Work with the owners of such Underground
Facilities, including City, during construction; and
d. the safety and protection of all such Underground Facilities and repairing any damage
thereto resulting from the Work.
B. Not Shown or Indicated:
1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or
contiguous to the Site which was not shown or indicated, or not shown or indicated with
reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming
aware thereof and before further disturbing conditions affected thereby or performing any
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Work in connection therewith (except in an emergency as required by Paragraph 6.17.A),
identify the owner of such Underground Facility and give notice to that owner and to City.
City will review the discovered Underground Facility and determine the extent, if any, to
which a change may be required in the Contract Documents to reflect and document the
consequences of the existence or location of the Underground Facility. Contractor shall be
responsible for the safety and protection of such discovered Underground Facility.
2. If City concludes that a change in the Contract Documents is required, a Change Order may
be issued to reflect and document such consequences.
3. Verification of existing utilities, structures, and service lines shall include notification of all
utility companies a minimum of 48 hours in advance of construction including exploratory
excavation if necessary.
4.05 Reference Points
A. City shall provide engineering surveys to establish reference points for construction, which in
City's judgment are necessary to enable Contractor to proceed with the Work. City will provide
construction stakes or other customary method of marking to establish line and grades for
roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall
protect and preserve the established reference points and property monuments, and shall make no
changes or relocations. Contractor shall report to City whenever any reference point or property
monument is lost or destroyed or requires relocation because of necessary changes in grades or
locations. The City shall be responsible for the replacement or relocation of reference points or
property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall
notify City in advance and with sufficient time to avoid delays.
B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or
willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full
cost for replacing such points plus 25% will be charged against the Contractor, and the full
amount will be deducted from payment due the Contractor.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings
known to City relating to Hazardous Environmental Conditions that have been identified at the
Site.
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Contractor may not make any Contract Claim against City, or any of their officers,
directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences and procedures of
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007200-15
GENERAL CONDITIONS
Page 15 of 62
construction to be employed by Contractor and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such
other data, interpretations, opinions or information.
C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or
revealed at the Site which was not shown or indicated in Drawings or Specifications or identified
in the Contract Documents to be within the scope of the Work. Contractor shall be responsible
for a Hazardous Environmental Condition created with any materials brought to the Site by
Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.
D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall
immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with
such condition and in any area affected thereby (except in an emergency as required by
Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing).
City may consider the necessity to retain a qualified expert to evaluate such condition or take
corrective action, if any.
E. Contractor shall not be required to resume Work in connection with such condition or in any
affected area until after City has obtained any required permits related thereto and delivered
written notice to Contractor: (i) specifying that such condition and any affected area is or has
been rendered suitable for the resumption of Work; or (ii) specifying any special conditions
under which such Work may be resumed.
F. If after receipt of such written notice Contractor does not agree to resume such Work based on a
reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then City may order the portion of the Work that is in the area affected by such
condition to be deleted from the Work. City may have such deleted portion of the Work
performed by City's own forces or others.
G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnifr and hold
harmless City, from and against all claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous
Environmental Condition created by Contractor or by anyone for whom Contractor is
responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any
individual or entity from and against the consequences of that individual's or entity 's own
negligence.
H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
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GENERAL CONDITIONS
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ARTICLE 5 — BONDS AND INSURANCE
5.01 Licensed Sureties and Insurers
All bonds and insurance required by the Contract Documents to be purchased and maintained by
Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized
in the State of Texas to issue bonds or insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such additional requirements and qualifications
as may be provided in the Supplementary Conditions.
5.02 Performance, Payment, and Maintenance Bonds
A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government
Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as
security for the faithful performance and payment of all of Contractor's obligations under the
Contract Documents.
B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security
to protect the City against any defects in any portion of the Work described in the Contract
Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final
Acceptance by the City.
C. All bonds shall be in the form prescribed by the Contract Documents except as provided
otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list
of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and
as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial
Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed
by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney
which shall show that it is effective on the date the agent or attorney -in -fact signed each bond.
D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or
its right to do business is terminated in the State of Texas or it ceases to meet the requirements of
Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event
giving rise to such notification, provide another bond and surety, both of which shall comply
with the requirements of Paragraphs 5.01 and 5.02.C.
5.03 Certificates of Insurance
Contractor shall deliver to City, with copies to each additional insured and loss payee identified in
the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested
by City or any other additional insured) which Contractor is required to purchase and maintain.
1. The certificate of insurance shall document the City, and all identified entities named in the
Supplementary Conditions as "Additional Insured" on all liability policies.
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2. The Contractor's general liability insurance shall include a, "per project" or "per location",
endorsement, which shall be identified in the certificate of insurance provided to the City.
3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the
insured, be complete in its entirety, and show complete insurance carrier names as listed in
the current A.M. Best Property & Casualty Guide
4. The insurers for all policies must be licensed and/or approved to do business in the State of
Texas. Except for workers' compensation, all insurers must have a minimum rating of A-:
VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is below that
required, written approval of City is required.
5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor
of the City. In addition, the Contractor agrees to waive all rights of subrogation against the
Engineer (if applicable), and each additional insured identified in the Supplementary
Conditions
6. Failure of the City to demand such certificates or other evidence of full compliance with the
insurance requirements or failure of the City to identify a deficiency from evidence that is
provided shall not be construed as a waiver of Contractor's obligation to maintain such lines
of insurance coverage.
7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess
Liability insurance for any differences is required. Excess Liability shall follow form of the
primary coverage.
8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If
coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with
or prior to the date of the effective date of the agreement and the certificate of insurance shall
state that the coverage is claims -made and the retroactive date. The insurance coverage shall
be maintained for the duration of the Contract and for three (3) years following Final
Acceptance provided under the Contract Documents or for the warranty period, whichever is
longer. An annual certificate of insurance submitted to the City shall evidence such
insurance coverage.
9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the
required lines of coverage, nor decrease the limits of said coverage unless such endorsements
are approved in writing by the City. In the event a Contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the contractor/engineer to obtain such coverage, the contract
price shall be adjusted by the cost of the premium for such additional coverage plus 10%.
10. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance
coverage shall be approved by the City in regards to asset value and stockholders' equity. In
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lieu of traditional insurance, alternative coverage maintained through insurance pools or risk
retention groups, must also be approved by City.
11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a
first -dollar basis, must be acceptable to and approved by the City.
12. City, at its sole discretion, reserves the right to review the insurance requirements and to
make reasonable adjustments to insurance coverage's and their limits when deemed
necessary and prudent by the City based upon changes in statutory law, court decision or the
claims history of the industry as well as of the contracting party to the City. The City shall
be required to provide prior notice of 90 days, and the insurance adjustments shall be
incorporated into the Work by Change Order.
13. City shall be entitled, upon written request and without expense, to receive copies of policies
and endorsements thereto and may make any reasonable requests for deletion or revision or
modifications of particular policy terms, conditions, limitations, or exclusions necessary to
conform the policy and endorsements to the requirements of the Contract. Deletions,
revisions, or modifications shall not be required where policy provisions are established by
law or regulations binding upon either party or the underwriter on any such policies.
14. City shall not be responsible for the direct payment of insurance premium costs for
Contractor's insurance.
5.04 Contractor's Insurance
A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such
insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers'
Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for
Employers' Liability as is appropriate for the Work being performed and as will provide
protection from claims set forth below which may arise out of or result from Contractor's
performance of the Work and Contractor's other obligations under the Contract Documents,
whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly
or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts
any of them may be liable:
1. claims under workers' compensation, disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor's employees.
B. Commercial General Liability. Coverage shall include but not be limited to covering liability
(bodily injury or property damage) arising from: premises/operations, independent contractors,
products/completed operations, personal injury, and liability under an insured contract. Insurance
shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services
Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other
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insurance or self-insurance programs afforded to the City. The Commercial General Liability
policy, shall have no exclusions by endorsements that would alter of nullify premises/operations,
products/completed operations, contractual, personal injury, or advertising injury, which are
normally contained with the policy, unless the City approves such exclusions in writing.
For construction projects that present a substantial completed operation exposure, the City may
require the contractor to maintain completed operations coverage for a minimum of no less than
three (3) years following the completion of the project (if identified in the Supplementary
Conditions).
C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto",
defined as autos owned, hired and non -owned and provide indemnity for claims for damages
because bodily injury or death of any person and or property damage arising out of the work,
maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone
for whose acts any of them may be liable.
D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of
railroad right-of-way, the Contractor shall comply with the requirements identified in the
Supplementary Conditions.
E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation
or other loss of insurance coverage. Contractor shall stop work until replacement insurance has
been procured. There shall be no time credit for days not worked pursuant to this section.
5.05 Acceptance of Bonds and Insurance; Option to Replace
If City has any objection to the coverage afforded by or other provisions of the bonds or insurance
required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing
within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor
shall provide to the City such additional information in respect of insurance provided as the City may
reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance
required by the Contract Documents, the City shall notify the Contractor in writing of such failure
prior to the start of the Work, or of such failure to maintain prior to any change in the required
coverage.
ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences, and procedures of construction.
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B. At all times during the progress of the Work, Contractor shall assign a competent, English-
speaking, Superintendent who shall not be replaced without written notice to City. The
Superintendent will be Contractor's representative at the Site and shall have authority to act on
behalf of Contractor. All communication given to or received from the Superintendent shall be
binding on Contractor.
C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of
construction.
6.02 Labor; Working Hours
A. Contractor shall provide competent, suitably qualified personnel to perform construction as
required by the Contract Documents. Contractor shall at all times maintain good discipline and
order at the Site.
B. Except as otherwise required for the safety or protection of persons or the Work or property at
the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work
at the Site shall be performed during Regular Working Hours. Contractor will not permit the
performance of Work beyond Regular Working Hours or for Weekend Working Hours without
City's written consent (which will not be unreasonably withheld). Written request (by letter or
electronic communication) to perform Work:
1. for beyond Regular Working Hours request must be made by noon at least two (2) Business
Days prior
2. for Weekend Working Hours request must be made by noon of the preceding Thursday
3. for legal holidays request must be made by noon two Business Days prior to the legal
holiday.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities, and all other facilities and incidentals necessary for the performance,
Contractor required testing, start-up, and completion of the Work.
B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,
shall be of good quality and new, except as otherwise provided in the Contract Documents. All
special warranties and guarantees required by the Specifications shall expressly run to the benefit
of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of
required tests) as to the source, kind, and quality of materials and equipment.
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C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed,
connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of
the applicable Supplier, except as otherwise may be provided in the Contract Documents.
D. All items of standard equipment to be incorporated into the Work shall be the latest model at the
time of bid, unless otherwise specified.
6.04 Project Schedule
A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07
and the General Requirements as it may be adjusted from time to time as provided below.
1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and
the General Requirements) proposed adjustments in the Project Schedule that will not result
in changing the Contract Time. Such adjustments will comply with any provisions of the
General Requirements applicable thereto.
2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment
for the duration of the Contract in accordance with the schedule specification 01 32 16.
3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be
submitted in accordance with the requirements of Article 12. Adjustments in Contract Time
may only be made by a Change Order.
6.05 Substitutes and "Or -Equals"
A. Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function, appearance, and quality required. Unless
the specification or description contains or is followed by words reading that no like, equivalent,
or "or -equal" item or no substitution is permitted, other items of material or equipment of other
Suppliers may be submitted to City for review under the circumstances described below.
1. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by
Contractor is functionally equal to that named and sufficiently similar so that no change in
related Work will be required, it may be considered by City as an "or -equal" item, in which
case review and approval of the proposed item may, in City's sole discretion, be
accomplished without compliance with some or all of the requirements for approval of
proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of
material or equipment will be considered functionally equal to an item so named if:
a. the City determines that:
1) it is at least equal in materials of construction, quality, durability, appearance,
strength, and design characteristics;
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2) it will reliably perform at least equally well the function and achieve the results
imposed by the design concept of the completed Project as a functioning whole; and
3) it has a proven record of performance and availability of responsive service; and
b. Contractor certifies that, if approved and incorporated into the Work:
1) there will be no increase in cost to the City or increase in Contract Time; and
2) it will conform substantially to the detailed requirements of the item named in the
Contract Documents.
2. Substitute Items:
a. If in City's sole discretion an item of material or equipment proposed by Contractor does
not qualify as an "or -equal" item under Paragraph 6.05.A.1, it may be submitted as a
proposed substitute item.
b. Contractor shall submit sufficient information as provided below to allow City to
determine if the item of material or equipment proposed is essentially equivalent to that
named and an acceptable substitute therefor. Requests for review of proposed substitute
items of material or equipment will not be accepted by City from anyone other than
Contractor.
c. Contractor shall make written application to City for review of a proposed substitute item
of material or equipment that Contractor seeks to furnish or use. The application shall
comply with Section 01 25 00 and:
1) shall certify that the proposed substitute item will:
a) perform adequately the functions and achieve the results called for by the general
design;
b) be similar in substance to that specified;
c) be suited to the same use as that specified; and
2) will state:
a) the extent, if any, to which the use of the proposed substitute item will prejudice
Contractor's achievement of final completion on time;
b) whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with City for other work on the Project) to adapt the design to the proposed
substitute item;
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c) whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty; and
3) will identify:
a) all variations of the proposed substitute item from that specified;
b) available engineering, sales, maintenance, repair, and replacement services; and
4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and Damage
Claims of other contractors affected by any resulting change.
B. Substitute Construction Methods or Procedures: If a specific means, method, technique,
sequence, or procedure of construction is expressly required by the Contract Documents,
Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure
of construction approved by City. Contractor shall submit sufficient information to allow City, in
City's sole discretion, to determine that the substitute proposed is equivalent to that expressly
called for by the Contract Documents. Contractor shall make written application to City for
review in the same manner as those provided in Paragraph 6.05.A.2.
C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. City may require
Contractor to furnish additional data about the proposed substitute. City will be the sole judge of
acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review
is complete, which will be evidenced by a Change Order in the case of a substitute and an
accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination.
D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special
performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall
indemnify and hold harmless City and anyone directly or indirectly employed by them from and
against any and all claims, damages, losses and expenses (including attorneys fees) arising out
of the use of substituted materials or equipment.
E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or
submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not City
approves a substitute so proposed or submitted by Contractor, Contractor may be required to
reimburse City for evaluating each such proposed substitute. Contractor may also be required to
reimburse City for the charges for making changes in the Contract Documents (or in the
provisions of any other direct contract with City) resulting from the acceptance of each proposed
substitute.
F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or
"or -equal" at Contractor's expense.
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G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a
substitute shall be incorporated to the Contract by Change Order.
H. Time Extensions: No additional time will be granted for substitutions.
6.06 Concerning Subcontractors, Suppliers, and Others
A. Contractor shall perform with his own organization, work of a value not less than 35% of the
value embraced on the Contract, unless otherwise approved by the City.
B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether
initially or as a replacement, against whom City may have reasonable objection. Contractor shall
not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or
perform any of the Work against whom Contractor has reasonable objection (excluding those
acceptable to City as indicated in Paragraph 6.06.C).
C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other
individuals or entities on the project, and will provide such requirements in the Supplementary
Conditions.
D. Minority and Women Owned Business Enterprise Compliance: It is City policy to ensure the full
and equitable participation by Minority and Women Business Enterprises (MWBE) in the
procurement of goods and services on a contractual basis. If the Contract Documents provide for
a MWBE goal, Contractor is required to comply with the intent of the City's MWBE Ordinance
(as amended) by the following:
1. Contractor shall, upon request by City, provide complete and accurate information regarding
actual work performed by a MWBE on the Contract and payment therefor.
2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without
written consent of the City. Any unjustified change or deletion shall be a material breach of
Contract and may result in debarment in accordance with the procedures outlined in the
Ordinance.
3. Contractor shall, upon request by City, allow an audit and/or examination of any books,
records, or files in the possession of the Contractor that will substantiate the actual work
performed by an MWBE. Material misrepresentation of any nature will be grounds for
termination of the Contract in accordance with Paragraph 15.02.A. Any such
misrepresentation may be grounds for disqualification of Contractor to bid on future
contracts with the City for a period of not less than three years.
E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors,
Suppliers, and other individuals or entities performing or furnishing any of the Work just as
Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract
Documents:
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
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the incorporation in the Work of any invention, design, process, product, or device not specified
in the Contract Documents.
6.09 Permits and Utilities
A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction
permits and licenses except those provided for in the Supplementary Conditions or Contract
Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses.
Contractor shall pay all governmental charges and inspection fees necessary for the prosecution
of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B.
City shall pay all charges of utility owners for connections for providing permanent service to the
Work.
B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as
provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's
responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the
Contract and the City approves the changes, the Contractor is responsible for obtaining
clearances and coordinating with the appropriate regulatory agency. The City will not reimburse
the Contractor for any cost associated with these requirements of any City acquired permit. The
following are permits the City will obtain if required:
1. Texas Department of Transportation Permits
2. U.S. Army Corps of Engineers Permits
3. Texas Commission on Environmental Quality Permits
4. Railroad Company Permits
C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits
and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance
with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by
the Contractor in accordance with the Contract Documents must consider any outstanding
permits and licenses.
6.10 Laws and Regulations
A. Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's
compliance with any Laws or Regulations.
B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or
Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
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court or arbitration or other dispute resolution costs) arising out of or relating to such Work.
However, it shall not be Contractor's responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of
Contractor's obligations under Paragraph 3.02.
C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on
the cost or time of performance of the Work may be the subject of an adjustment in Contract
Price or Contract Time.
6.11 Taxes
A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to
Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may
purchase, rent or lease all materials, supplies and equipment used or consumed in the
performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax,
said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption
certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the
provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the
Texas Tax Code, Subchapter H.
B. Texas Tax permits and information may be obtained from:
1. Comptroller of Public Accounts
Sales Tax Division
Capitol Station
Austin, TX 78711; or
2. httn://www.window.state.tx.us/taxinfo/taxforins/93-fonns.html
6.12 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas:
1. Contractor shall confine construction equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas permitted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas with construction equipment or
other materials or equipment. Contractor shall assume full responsibility for any damage to
any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is
carrying on operations in a portion of a street, right-of-way, or easement greater than is
necessary for proper execution of the Work, the City may require the Contractor to finish the
section on which operations are in progress before work is commenced on any additional
area of the Site.
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3. Should any Damage Claim be made by any such owner or occupant because of the
performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim.
4. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City, from and
against all claims, costs, losses, and damages arising out of or relating to any claim or
action, legal or equitable, brought by any such owner or occupant against City.
B. Removal of Debris During Performance of the Work: During the progress of the Work
Contractor shall keep the Site and other areas free from accumulations of waste materials,
rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other
debris shall conform to applicable Laws and Regulations.
C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the
clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor
fails to correct the unsatisfactory procedure, the City may take such direct action as the City
deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written
notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of
such costs, shall be deducted from the monies due or to become due to the Contractor.
D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and
the Work and make it ready for utilization by City or adjacent property owner. At the completion
of the Work Contractor shall remove from the Site all tools, appliances, construction equipment
and machinery, and surplus materials and shall restore to original condition or better all property
disturbed by the Work.
E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded
in any manner that will endanger the structure, nor shall Contractor subject any part of the Work
or adjacent property to stresses or pressures that will endanger it.
6.13 Record Documents
A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and
approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change
Orders, Field Orders, and written interpretations and clarifications in good order and annotated to
show changes made during construction. These record documents together with all approved
Samples and a counterpart of all accepted Submittals will be available to City for reference.
Upon completion of the Work, these record documents, any operation and maintenance manuals,
and Submittals will be delivered to City prior to Final Inspection. Contractor shall include
accurate locations for buried and imbedded items.
6.14 Safety and Protection
A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance of
their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall
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take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
1. all persons on the Site or who may be affected by the Work;
2. all the Work and materials and equipment to be incorporated therein, whether in storage on
or off the Site; and
3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities, and Underground Facilities not designated for
removal, relocation, or replacement in the course of construction.
B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or loss; and
shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall
notify owners of adjacent property and of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the protection,
removal, relocation, and replacement of their property.
C. Contractor shall comply with the applicable requirements of City's safety programs, if any.
D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any,
with which City's employees and representatives must comply while at the Site.
E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused,
directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any
other individual or entity directly or indirectly employed by any of them to perform any of the
Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor.
F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue
until such time as all the Work is completed and City has accepted the Work.
6.15 Safety Representative
Contractor shall inform City in writing of Contractor's designated safety representative at the Site.
6.16 Hazard Communication Programs
Contractor shall be responsible for coordinating any exchange of material safety data sheets or other
hazard communication information required to be made available to or exchanged between or among
employers in accordance with Laws or Regulations.
6.17 Emergencies and/or Rectification
A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or
adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss.
Contractor shall give City prompt written notice if Contractor believes that any significant
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changes in the Work or variations from the Contract Documents have been caused thereby or are
required as a result thereof. If City determines that a change in the Contract Documents is
required because of the action taken by Contractor in response to such an emergency, a Change
Order may be issued.
B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies,
omissions, or correction necessary to conform with the requirements of the Contract Documents,
the City shall give the Contractor written notice that such work or changes are to be performed.
The written notice shall direct attention to the discrepant condition and request the Contractor to
take remedial action to correct the condition. In the event the Contractor does not take positive
steps to fulfill this written request, or does not show just cause for not taking the proper action,
within 24 hours, the City may take such remedial action with City forces or by contract. The City
shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any
funds due or become due the Contractor on the Project.
6.18 Submittals
A. Contractor shall submit required Submittals to City for review and acceptance in accordance
with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be
identified as City may require.
1. Submit number of copies specified in the General Requirements.
2. Data shown on the Submittals will be complete with respect to quantities, dimensions,
specified performance and design criteria, materials, and similar data to show City the
services, materials, and equipment Contractor proposes to provide and to enable City to
review the information for the limited purposes required by Paragraph 6.18.C.
3. Submittals submitted as herein provided by Contractor and reviewed by City for
conformance with the design concept shall be executed in conformity with the Contract
Documents unless otherwise required by City.
4. When Submittals are submitted for the purpose of showing the installation in greater detail,
their review shall not excuse Contractor from requirements shown on the Drawings and
Specifications.
5. For -Information -Only submittals upon which the City is not expected to conduct review or
take responsive action may be so identified in the Contract Documents.
6. Submit required number of Samples specified in the Specifications.
7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as City may require to enable City to review the
submittal for the limited purposes required by Paragraph 6.18.C.
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B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any
related Work performed prior to City's review and acceptance of the pertinent submittal will be
at the sole expense and responsibility of Contractor.
C. City's Review:
1. City will provide timely review of required Submittals in accordance with the Schedule of
Submittals acceptable to City. City's review and acceptance will be only to determine if the
items covered by the submittals will, after installation or incorporation in the Work, conform
to the information given in the Contract Documents and be compatible with the design
concept of the completed Project as a functioning whole as indicated by the Contract
Documents.
2. City's review and acceptance will not extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence,
or procedure of construction is specifically and expressly called for by the Contract
Documents) or to safety precautions or programs incident thereto. The review and acceptance
of a separate item as such will not indicate approval of the assembly in which the item
functions.
3. City's review and acceptance shall not relieve Contractor from responsibility for any
variation from the requirements of the Contract Documents unless Contractor has complied
with the requirements of Section 01 33 00 and City has given written acceptance of each
such variation by specific written notation thereof incorporated in or accompanying the
Submittal. City's review and acceptance shall not relieve Contractor from responsibility for
complying with the requirements of the Contract Documents.
6.19 Continuing the Work
Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule
during all disputes or disagreements with City. No Work shall be delayed or postponed pending
resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in
writing.
6.20 Contractor's General Warranty and Guarantee
A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract
Documents and will not be defective. City and its officers, directors, members, partners,
employees, agents, consultants, and subcontractors shall be entitled to rely on representation of
Contractor's warranty and guarantee.
B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is
responsible; or
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2. normal wear and tear under normal usage.
C. Contractor's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents or a release of Contractor's obligation to perform
the Work in accordance with the Contract Documents:
1. observations by City;
2. recommendation or payment by City of any progress or final payment;
3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by
City;
4. use or occupancy of the Work or any part thereof by City;
5. any review and acceptance of a Submittal by City;
6. any inspection, test, or approval by others; or
7. any correction of defective Work by City.
D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to
other work or property resulting therefrom which shall appear within a period of two (2) years
from the date of Final Acceptance of the Work unless a longer period is specified and shall
furnish a good and sufficient maintenance bond, complying with the requirements of Article
5.02.B. The City will give notice of observed defects with reasonable promptness.
6.21 Indemnification
A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
expense, the City, its officers, servants and employees, from and against any and all claims
arising out of, or alleged to arise out of, the work and services to be performed by the
Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this
Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO
OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL
OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED. IN WHOLE OR IN
PART. BY ANY ACT. OMISSION OR NEGLIGENCE OF THE CITY. This indemnity
provision is intended to include, without limitation, indemnity for costs, expenses and legal
fees incurred by the City in defending against such claims and causes of actions.
B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the
City, its officers, servants and employees, from and against any and all loss, damage or
destruction of property of the City, arising out of, or alleged to arise out of, the work and
services to be performed by the Contractor, its officers, agents, employees, subcontractors,
licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS
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SPECIFICALLY INTENDED TO OPERATE AND BE E1414ECTIVE EVEN IF IT IS
ALLEGED OR PROVEN 1HAT ALL OR SOME OF '1HE DAMAGES BEING SOUGHT
WERE CAUSED. IN WHOLE OR IN PART. BY ANY ACT. OMISSION OR
NEGLIGENCE OF THE CITY.
6.22 Delegation of Professional Design Services
A. Contractor will not be required to provide professional design services unless such services are
specifically required by the Contract Documents for a portion of the Work or unless such
services are required to carry out Contractor's responsibilities for construction means, methods,
techniques, sequences and procedures.
B. If professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of Contractor by the Contract Documents, City
will specify all performance and design criteria that such services must satisfy. Contractor shall
cause such services or certifications to be provided by a properly licensed professional, whose
signature and seal shall appear on all drawings, calculations, specifications, certifications, and
Submittals prepared by such professional. Submittals related to the Work designed or certified by
such professional, if prepared by others, shall bear such professional's written approval when
submitted to City.
C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services,
certifications or approvals performed by such design professionals, provided City has specified
to Contractor performance and design criteria that such services must satisfy.
D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design
drawings will be only for the limited purpose of checking for conformance with performance and
design criteria given and the design concept expressed in the Contract Documents. City's review
and acceptance of Submittals (except design calculations and design drawings) will be only for
the purpose stated in Paragraph 6.18.C.
6.23 Right to Audit
A. The Contractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of the Contractor involving transactions relating
to this Contract. Contractor agrees that the City shall have access during Regular Working Hours
to all necessary Contractor facilities and shall be provided adequate and appropriate work space
in order to conduct audits in compliance with the provisions of this Paragraph. The City shall
give Contractor reasonable advance notice of intended audits.
B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that
the subcontractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of such Subcontractor, involving transactions to
the subcontract, and further, that City shall have access during Regular Working Hours to all
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Subcontractor facilities, and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this Paragraph. The City shall give
Subcontractor reasonable advance notice of intended audits.
C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the
City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate
published in the Texas Administrative Code in effect as of the time copying is performed.
6.24 Nondiscrimination
A. The City is responsible for operating Public Transportation Programs and implementing transit -
related projects, which are funded in part with Federal financial assistance awarded by the U.S.
Department of Transportation and the Federal Transit Administration (FTA), without
discriminating against any person in the United States on the basis of race, color, or national
origin.
B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of
the Act and the Regulations as further defined in the Supplementary Conditions for any project
receiving Federal assistance.
ARTICLE 7 — OTHER WORK AT THE SI I t.
7.01 Related Work at Site
A. City may perform other work related to the Project at the Site with City's employees, or other
City contractors, or through other direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Contract Documents, then written notice
thereof will be given to Contractor prior to starting any such other work; and
B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility
owner, and City, if City is performing other work with City's employees or other City
contractors, proper and safe access to the Site, provide a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such other work, and
properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of
the Work that may be required to properly connect or otherwise make its several parts come
together and properly integrate with such other work. Contractor shall not endanger any work of
others by cutting, excavating, or otherwise altering such work; provided, however, that
Contractor may cut or alter others' work with the written consent of City and the others whose
work will be affected.
C. If the proper execution or results of any part of Contractor's Work depends upon work performed
by others under this Article 7, Contractor shall inspect such other work and promptly report to
City in writing any delays, defects, or deficiencies in such other work that render it unavailable
or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so
report will constitute an acceptance of such other work as fit and proper for integration with
Contractor's Work except for latent defects in the work provided by others.
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7.02 Coordination
A. If City intends to contract with others for the performance of other work on the Project at the
Site, the following will be set forth in Supplementary Conditions:
1. the individual or entity who will have authority and responsibility for coordination of the
activities among the various contractors will be identified;
2. the specific matters to be covered by such authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities will be provided.
B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such
coordination.
ARTICLE 8 — CITY'S RESPONSIBILITIES
8.01 Communications to Contractor
Except as otherwise provided in the Supplementary Conditions, City shall issue all communications
to Contractor.
8.02 Furnish Data
City shall timely furnish the data required under the Contract Documents.
8.03 Pay When Due
City shall make payments to Contractor in accordance with Article 14.
8.04 Lands and Easements; Reports and Tests
City's duties with respect to providing lands and easements and providing engineering surveys to
establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's
identifying and making available to Contractor copies of reports of explorations and tests of
subsurface conditions and drawings of physical conditions relating to existing surface or subsurface
structures at or contiguous to the Site that have been utilized by City in preparing the Contract
Documents.
8.05 Change Orders
City shall execute Change Orders in accordance with Paragraph 10.03.
8.06 Inspections, Tests, and Approvals
City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph
13.03.
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8.07 Limitations on City's Responsibilities
A. The City shall not supervise, direct, or have control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. City will not be responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14.
8.08 Undisclosed Hazardous Environmental Condition
City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth
in Paragraph 4.06.
8.09 Compliance with Safety Program
While at the Site, City's employees and representatives shall comply with the specific applicable
requirements of Contractor's safety programs of which City has been informed pursuant to
Paragraph 6.14.
ARTICLE 9 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION
9.01 City's Project Representative
City will provide one or more Project Representative(s) during the construction period. The duties
and responsibilities and the limitations of authority of City's representative during construction are
set forth in the Contract Documents. The Project Representative(s) will be as provided in the
Supplementary Conditions.
9.02 Visits to Site
A. City's Project Representative will make visits to the Site at intervals appropriate to the various
stages of construction as City deems necessary in order to observe the progress that has been
made and the quality of the various aspects of Contractor's executed Work. Based on
information obtained during such visits and observations, City's Project Representative will
determine, in general, if the Work is proceeding in accordance with the Contract Documents.
City's Project Representative will not be required to make exhaustive or continuous inspections
on the Site to check the quality or quantity of the Work. City's Project Representative's efforts
will be directed toward providing City a greater degree of confidence that the completed Work
will conform generally to the Contract Documents.
B. City's Project Representative's visits and observations are subject to all the limitations on
authority and responsibility in the Contract Documents including those set forth in Paragraph
8.07.
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9.03 Authorized Variations in Work
City's Project Representative may authorize minor variations in the Work from the requirements of
the Contract Documents which do not involve an adjustment in the Contract Price or the Contract
Time and are compatible with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be accomplished by a Field Order and will be
binding on City and also on Contractor, who shall perform the Work involved promptly.
9.04 Rejecting Defective Work
City will have authority to reject Work which City's Project Representative believes to be defective,
or will not produce a completed Project that conforms to the Contract Documents or that will
prejudice the integrity of the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. City will have authority to conduct special inspection or
testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or
completed.
9.05 Determinations for Work Performed
Contractor will determine the actual quantities and classifications of Work performed. City's Project
Representative will review with Contractor the preliminary determinations on such matters before
rendering a written recommendation. City's written decision will be final (except as modified to
reflect changed factual conditions or more accurate data).
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work
A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the
acceptability of the Work thereunder.
B. City will render a written decision on any issue referred.
C. City's written decision on the issue referred will be final and binding on the Contractor, subject
to the provisions of Paragraph 10.06.
ARTICLE 10 — CHANGES IN THE WORK; CLAIMS; EXTRA WORK
10.01 Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, City may, at any time or from
time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly
proceed with the Work involved which will be performed under the applicable conditions of the
Contract Documents (except as otherwise specifically provided). Extra Work shall be
memorialized by a Change Order which may or may not precede an order of Extra work.
B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field
Order may be issued by the City.
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10.02 Unauthorized Changes in the Work
Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract
Time with respect to any work performed that is not required by the Contract Documents as
amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an
emergency as provided in Paragraph 6.17.
10.03 Execution of Change Orders
A. City and Contractor shall execute appropriate Change Orders covering:
1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii)
required because of acceptance of defective Work under Paragraph 13.08 or City's correction
of defective Work under Paragraph 13.09, or (iii) agreed to by the parties;
2. changes in the Contract Price or Contract Time which are agreed to by the parties, including
any undisputed sum or amount of time for Work actually performed.
10.04 Extra Work
A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment
thereof, and the City insists upon its performance, the Contractor shall proceed with the work
after making written request for written orders and shall keep accurate account of the actual
reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to
Paragraph 10.06.
B. The Contractor shall furnish the City such installation records of all deviations from the original
Contract Documents as may be necessary to enable the City to prepare for permanent record a
corrected set of plans showing the actual installation.
C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall
be a full, complete and final payment for all costs Contractor incurs as a result or relating to the
change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that
time, including without limitation, any costs for delay, extended overhead, ripple or impact cost,
or any other effect on changed or unchanged work as a result of the change or Extra Work.
10.05 Notification to Surety
If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work or the provisions of the Contract Documents (including, but not limited
to, Contract Price or Contract Time), the giving of any such notice will be Contractor's
responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the
effect of any such change.
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10.06 Contract Claims Process
A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph
14.09, shall be referred to the City for decision. A decision by City shall be required as a
condition precedent to any exercise by Contractor of any rights or remedies he may otherwise
have under the Contract Documents or by Laws and Regulations in respect of such Contract
Claims.
B. Notice:
1. Written notice stating the general nature of each Contract Claim shall be delivered by the
Contractor to City no later than 15 days after the start of the event giving rise thereto. The
responsibility to substantiate a Contract Claim shall rest with the party making the Contract
Claim.
2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered
to the City on or before 45 days from the start of the event giving rise thereto (unless the City
allows additional time for Contractor to submit additional or more accurate data in support of
such Contract Claim).
3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with
the provisions of Paragraph 12.01.
4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with
the provisions of Paragraph 12.02.
5. Each Contract Claim shall be accompanied by Contractor's written statement that the
adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a
result of said event.
6. The City shall submit any response to the Contractor within 30 days after receipt of the
claimant's last submittal (unless Contract allows additional time).
C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last
submittal of the Contractor, if any, take one of the following actions in writing:
1. deny the Contract Claim in whole or in part;
2. approve the Contract Claim; or
3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's
sole discretion, it would be inappropriate for the City to do so. For purposes of further
resolution of the Contract Claim, such notice shall be deemed a denial.
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D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or
Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such
action or denial.
E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not
submitted in accordance with this Paragraph 10.06.
ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS
QUANTITY MEASUREMENT
11.01 Cost of the Work
A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in
Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the
Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to
Contractor will be only those additional or incremental costs required because of the change in
the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.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
Work under schedules of job classifications agreed upon by City and Contractor. Such
employees shall include, without limitation, superintendents, foremen, and other personnel
employed full time on the Work. Payroll costs for employees not employed full time on the
Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall
include;
a. salaries with a 55% markup, or
b. salaries and wages plus the cost of fringe benefits, which shall include social security
contributions, unemployment, excise, and payroll taxes, workers' compensation, health
and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto.
The expenses of performing Work outside of Regular Working Hours, Weekend
Working Hours, or legal holidays, shall be included in the above to the extent authorized
by City.
2. Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers' field services required in connection
therewith.
3. Rentals of all construction equipment and machinery, and the parts thereof whether rented
from Contractor or others in accordance with rental agreements approved by City, and the
costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All
such costs shall be in accordance with the terms of said rental agreements. The rental of any
such equipment, machinery, or parts shall cease when the use thereof is no longer necessary
for the Work.
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4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If
required by City, Contractor shall obtain competitive bids from subcontractors acceptable to
City and Contractor and shall deliver such bids to City, who will then determine, which bids,
if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on
the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall
be determined in the same manner as Contractor's Cost of the Work and fee as provided in
this Paragraph 11.01.
5. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed for services specifically related
to the Work.
6. Supplemental costs including the following:
a. The proportion of necessary transportation, travel, and subsistence expenses of
Contractor's employees incurred in discharge of duties connected with the Work.
b. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary facilities at the Site, and hand tools not
owned by the workers, which are consumed in the performance of the Work, and cost,
less market value, of such items used but not consumed which remain the property of
Contractor.
c. Sales, consumer, use, and other similar taxes related to the Work, and for which
Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and
Regulations.
d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or
anyone directly or indirectly employed by any of them or for whose acts any of them may
be liable, and royalty payments and fees for permits and licenses.
e. Losses and damages (and related expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained by Contractor in connection with the
performance of the Work, provided such losses and damages have resulted from causes
other than the negligence of Contractor, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable. Such
losses shall include settlements made with the written consent and approval of City. No
such losses, damages, and expenses shall be included in the Cost of the Work for the
purpose of determining Contractor's fee.
f. The cost of utilities, fuel, and sanitary facilities at the Site.
g.
Minor expenses such as telegrams, long distance telephone calls, telephone and
communication services at the Site, express and courier services, and similar petty cash
items in connection with the Work.
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h. The costs of premiums for all bonds and insurance Contractor is required by the Contract
Documents to purchase and maintain.
B. Costs Excluded: The term Cost of the Work shall not include any of the following items:
1. Payroll costs and other compensation of Contractor's officers, executives, principals (of
partnerships and sole proprietorships), general managers, safety managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the
Site or in Contractor's principal or branch office for general administration of the Work and
not specifically included in the agreed upon schedule of job classifications referred to in
Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be
considered administrative costs covered by the Contractor's fee.
2. Expenses of Contractor's principal and branch offices other than Contractor's office at the
Site.
3. Any part of Contractor's capital expenses, including interest on Contractor's capital
employed for the Work and charges against Contractor for delinquent payments.
4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable, including but not
limited to, the correction of defective Work, disposal of materials or equipment wrongly
supplied, and making good any damage to property.
5. Other overhead or general expense costs of any kind.
C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee
shall be determined as set forth in the Agreement. When the value of any Work covered by a
Change Order for an adjustment in Contract Price is determined on the basis of Cost of the
Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C.
D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to
Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in
accordance with generally accepted accounting practices and submit in a form acceptable to City
an itemized cost breakdown together with supporting data.
11.02 Allowances
A. Specified Allowance: It is understood that Contractor has included in the Contract Price all
allowances so named in the Contract Documents and shall cause the Work so covered to be
performed for such sums and by such persons or entities as may be acceptable to City.
B. Pre -bid Allowances:
1. Contractor agrees that:
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a. the pre -bid allowances include the cost to Contractor of materials and equipment required
by the allowances to be delivered at the Site, and all applicable taxes; and
b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead,
profit, and other expenses contemplated for the pre -bid allowances have been included in
the allowances, and no demand for additional payment on account of any of the
foregoing will be valid.
C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole
use of City.
D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due
Contractor on account of Work covered by allowances, and the Contract Price shall be
correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to
the sum of the unit price for each separately identified item of Unit Price Work times the
estimated quantity of each item as indicated in the Agreement.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial Contract Price. Determinations of the
actual quantities and classifications of Unit Price Work performed by Contractor will be made by
City subject to the provisions of Paragraph 9.05.
C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to
cover Contractor's overhead and profit for each separately identified item. Work described in the
Contract Documents, or reasonably inferred as required for a functionally complete installation,
but not identified in the listing of unit price items shall be considered incidental to unit price
work listed and the cost of incidental work included as part of the unit price.
D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if:
1. the quantity of any item of Unit Price Work performed by Contractor differs materially and
significantly from the estimated quantity of such item indicated in the Agreement; and
2. there is no corresponding adjustment with respect to any other item of Work.
E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in
accordance with Paragraph 10.01.
1. If the changes in quantities or the alterations do not significantly change the character of
work under the Contract Documents, the altered work will be paid for at the Contract unit
price.
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2. If the changes in quantities or alterations significantly change the character of work, the
Contract will be amended by a Change Order.
3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended
by a Change Order in accordance with Article 12.
4. A significant change in the character of work occurs when:
a. the character of work for any Item as altered differs materially in kind or nature from that
in the Contract or
b. a Major Item of work varies by more than 25% from the original Contract quantity.
5. When the quantity of work to be done under any Major Item of the Contract is more than
125% of the original quantity stated in the Contract, then either party to the Contract may
request an adjustment to the unit price on the portion of the work that is above 125%.
6. When the quantity of work to be done under any Major Item of the Contract is less than 75%
of the original quantity stated in the Contract, then either party to the Contract may request
an adjustment to the unit price.
11.04 Plans Quantity Measurement
A. Plans quantities may or may not represent the exact quantity of work performed or material
moved, handled, or placed during the execution of the Contract. The estimated bid quantities are
designated as fmal payment quantities, unless revised by the governing Section or this Article.
B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than
25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total
estimated quantity for an individual Item originally shown in the Contract Documents, an
adjustment may be made to the quantity of authorized work done for payment purposes. The
party to the Contract requesting the adjustment will provide field measurements and calculations
showing the final quantity for which payment will be made. Payment for revised quantity will be
made at the unit price bid for that Item, except as provided for in Article 10.
C. When quantities are revised by a change in design approved by the City, by Change Order, or to
correct an error, or to correct an error on the plans, the plans quantity will be increased or
decreased by the amount involved in the change, and the 25% variance will apply to the new
plans quantity.
D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than
$250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans
quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans
quantity.
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E. For callout work or non -site specific Contracts, the plans quantity measurement requirements are
not applicable.
ARTICLE 12 — CHANGE OF CON'1'I4ACT PRICE; CHANGE OF CONTRACT TIME
12.01 Change of Contract Price
A. The Contract Price may only be changed by a Change Order.
B. The value of any Work covered by a Change Order will be determined as follows:
1. where the Work involved is covered by unit prices contained in the Contract Documents, by
application of such unit prices to the quantities of the items involved (subject to the
provisions of Paragraph 11.03); or
2. where the Work involved is not covered by unit prices contained in the Contract Documents,
by a mutually agreed lump sum or unit price (which may include an allowance for overhead
and profit not necessarily in accordance with Paragraph 12.01.C.2), and shall include the cost
of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work;
or
3. where the Work involved is not covered by unit prices contained in the Contract Documents
and agreement to a lump sum or unit price is not reached under Paragraph 12.01.B.2, on the
basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a
Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C).
C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as
follows:
1. a mutually acceptable fixed fee; or
2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various
portions of the Cost of the Work:
a. for costs incurred under Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3, the
Contractor's additional fee shall be 15 percent except for:
1) rental fees for Contractor's own equipment using standard rental rates;
2) bonds and insurance;
b. for costs incurred under Paragraph 11.01.A.4 and 11.01.A.5, the Contractor's fee shall be
five percent (5%);
1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a
fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and
12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever
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tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under
Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and
Contractor will each be paid a fee of five percent (5%) of the amount paid to the next
lower tier Subcontractor, however in no case shall the cumulative total of fees paid be
in excess of 25%;
c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.6, and
11.01.B;
d. the amount of credit to be allowed by Contractor to City for any change which results in
a net decrease in cost will be the amount of the actual net decrease in cost plus a
deduction in Contractor's fee by an amount equal to five percent (5%) of such net
decrease.
12.02 Change of Contract Time
A. The Contract Time may only be changed by a Change Order.
B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless
the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project
Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or
claimed delay adversely affects the critical path.
12.03 Delays
A. Where Contractor is reasonably delayed in the performance or completion of any part of the
Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time
may be extended in an amount equal to the time lost due to such delay if a Contract Claim is
made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts
or neglect by City, acts or neglect of utility owners or other contractors performing other work as
contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God.
Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in
this Paragraph.
B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or
damages (including but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or anticipated project.
C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays
within the control of Contractor. Delays attributable to and within the control of a Subcontractor
or Supplier shall be deemed to be delays within the control of Contractor.
D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when
direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide
information or material, if any, which is to be furnished by the City.
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ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
Notice of all defective Work of which City has actual knowledge will be given to Contractor.
Defective Work may be rejected, corrected, or accepted as provided in this Article 13.
13.02 Access to Work
City, independent testing laboratories, and governmental agencies with jurisdictional interests will
have access to the Site and the Work at reasonable times for their observation, inspection, and
testing. Contractor shall provide them proper and safe conditions for such access and advise them of
Contractor's safety procedures and programs so that they may comply therewith as applicable.
13.03 Tests and Inspections
A. Contractor shall give City timely notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required
inspections or tests.
B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any
of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full
responsibility for arranging and obtaining such independent inspections, tests, retests or
approvals, pay all costs in connection therewith, and furnish City the required certificates of
inspection or approval; excepting, however, those fees specifically identified in the
Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR)
inspections, which shall be paid as described in the Supplementary Conditions.
C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection
with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or
equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment
submitted for approval prior to Contractor's purchase thereof for incorporation in the Work.
Such inspections, tests, re -tests, or approvals shall be performed by organizations acceptable to
City.
D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to
perform any inspections or tests ("Testing") for any part of the Work, as determined solely by
City.
1. City will coordinate such Testing to the extent possible, with Contractor;
2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other
similar negative result, the Contractor shall be responsible for paying for any and all retests.
Contractor's cancellation without cause of City initiated Testing shall be deemed a negative
result and require a retest.
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3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the
Testing Lab by Contractor. City will forward all invoices for retests to Contractor.
4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing
Lab is paid.
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
Contractor without written concurrence of City, Contractor shall, if requested by City, uncover
such Work for observation.
F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense.
G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued
under Section 13.03 D.
13.04 Uncovering Work
A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it
must, if requested by City, be uncovered for City's observation and replaced at Contractor's
expense.
B. If City considers it necessary or advisable that covered Work be observed by City or inspected or
tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available
for observation, inspection, or testing as City may require, that portion of the Work in question,
furnishing all necessary labor, material, and equipment.
1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs,
losses, and damages (including but not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or other dispute resolution costs) arising out
of or relating to such uncovering, exposure, observation, inspection, and testing, and of
satisfactory replacement or reconstruction (including but not limited to all costs of repair or
replacement of work of others); or City shall be entitled to accept defective Work in
accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all
costs associated with exposing, observing, and testing the defective Work.
2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase
in the Contract Price or an extension of the Contract Time, or both, directly attributable to
such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction.
13.05 City May Stop the Work
If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials
or equipment, or fails to perform the Work in such a way that the completed Work will conform to
the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until
the cause for such order has been eliminated; however, this right of City to stop the Work shall not
give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any
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Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of
any of them.
13.06 Correction or Removal of Defective Work
A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to
an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has
been rejected by City, remove it from the Project and replace it with Work that is not defective.
Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to such correction
or removal (including but not limited to all costs of repair or replacement of work of others).
Failure to require the removal of any defective Work shall not constitute acceptance of such
Work.
B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,
Contractor shall take no action that would void or otherwise impair City's special warranty and
guarantee, if any, on said Work.
13.07 Correction Period
A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may
be prescribed by the terms of any applicable special guarantee required by the Contract
Documents), any Work is found to be defective, or if the repair of any damages to the land or
areas made available for Contractor's use by City or permitted by Laws and Regulations as
contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without
cost to City and in accordance with City's written instructions:
1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by City, remove it from the Project and replace it
with Work that is not defective, and
4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work
of others or other land or areas resulting therefrom.
B. If Contractor does not promptly comply with the terms of City's written instructions, or in an
emergency where delay would cause serious risk of loss or damage, City may have the defective
Work corrected or repaired or may have the rejected Work removed and replaced. All claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or other dispute resolution costs)
arising out of or relating to such correction or repair or such removal and replacement (including
but not limited to all costs of repair or replacement of work of others) will be paid by Contractor.
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C. In special circumstances where a particular item of equipment is placed in continuous service
before Final Acceptance of all the Work, the correction period for that item may start to run from
an earlier date if so provided in the Contract Documents.
D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 13.07, the correction period hereunder with respect
to such Work may be required to be extended for an additional period of one year after the end of
the initial correction period. City shall provide 30 days written notice to Contractor should such
additional warranty coverage be required. Contractor may dispute this requirement by filing a
Contract Claim, pursuant to Paragraph 10.06.
E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or
warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a
waiver of, the provisions of any applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
If, instead of requiring correction or removal and replacement of defective Work, City prefers to
accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but
not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or other dispute resolution costs) attributable to City's evaluation of and determination to
accept such defective Work and for the diminished value of the Work to the extent not otherwise
paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be
issued incorporating the necessary revisions in the Contract Documents with respect to the Work,
and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished
value of Work so accepted.
13.09 City May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from City to correct defective
Work, or to remove and replace rejected Work as required by City in accordance with Paragraph
13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents,
or if Contractor fails to comply with any other provision of the Contract Documents, City may,
after seven (7) days written notice to Contractor, correct, or remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed
expeditiously. In connection with such corrective or remedial action, City may exclude
Contractor from all or part of the Site, take possession of all or part of the Work and suspend
Contractor's services related thereto, and incorporate in the Work all materials and equipment
incorporated in the Work, stored at the Site or for which City has paid Contractor but which are
stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants,
employees, and City's other contractors, access to the Site to enable City to exercise the rights
and remedies under this Paragraph.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or other dispute resolution
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costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph
13.09 will be charged against Contractor, and a Change Order will be issued incorporating the
necessary revisions in the Contract Documents with respect to the Work; and City shall be
entitled to an appropriate decrease in the Contract Price.
D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the
performance of the Work attributable to the exercise of City's rights and remedies under this
Paragraph 13.09.
ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION
14.01 Schedule of Values
The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve
as the basis for progress payments and will be incorporated into a form of Application for Payment
acceptable to City. Progress payments on account of Unit Price Work will be based on the number of
units completed.
14.02 Progress Payments
A. Applications for Payments:
1. Contractor is responsible for providing all information as required to become a vendor of the
City.
2. At least 20 days before the date established in the General Requirements for each progress
payment, Contractor shall submit to City for review an Application for Payment filled out
and signed by Contractor covering the Work completed as of the date of the Application and
accompanied by such supporting documentation as is required by the Contract Documents.
3. If payment is requested on the basis of materials and equipment not incorporated in the Work
but delivered and suitably stored at the Site or at another location agreed to in writing, the
Application for Payment shall also be accompanied by a bill of sale, invoice, or other
documentation warranting that City has received the materials and equipment free and clear
of all Liens and evidence that the materials and equipment are covered by appropriate
insurance or other arrangements to protect City's interest therein, all of which must be
satisfactory to City.
4. Beginning with the second Application for Payment, each Application shall include an
affidavit of Contractor stating that previous progress payments received on account of the
Work have been applied on account to discharge Contractor's legitimate obligations
associated with prior Applications for Payment.
5. The amount of retainage with respect to progress payments will be as stipulated in the
Contract Documents.
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B. Review of Applications:
1. City will, after receipt of each Application for Payment, either indicate in writing a
recommendation of payment or return the Application to Contractor indicating reasons for
refusing payment. In the latter case, Contractor may make the necessary corrections and
resubmit the Application.
2. City's processing of any payment requested in an Application for Payment will be based on
City's observations of the executed Work, and on City's review of the Application for
Payment and the accompanying data and schedules, that to the best of City's knowledge:
a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract Documents (subject
to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance,
the results of any subsequent tests called for in the Contract Documents, a final
determination of quantities and classifications for Work performed under Paragraph 9.05,
and any other qualifications stated in the recommendation).
3. Processing any such payment will not thereby be deemed to have represented that:
a. inspections made to check the quality or the quantity of the Work as it has been
performed have been exhaustive, extended to every aspect of the Work in progress, or
involved detailed inspections of the Work beyond the responsibilities specifically
assigned to City in the Contract Documents; or
b. there may not be other matters or issues between the parties that might entitle Contractor
to be paid additionally by City or entitle City to withhold payment to Contractor, or
c. Contractor has complied with Laws and Regulations applicable to Contractor's
performance of the Work.
4. City may refuse to process the whole or any part of any payment because of subsequently
discovered evidence or the results of subsequent inspections or tests, and revise or revoke
any such payment previously made, to such extent as may be necessary to protect City from
loss because:
a. the Work is defective, or the completed Work has been damaged by the Contractor or his
subcontractors, requiring correction or replacement;
b. discrepancies in quantities contained in previous applications for payment;
c. the Contract Price has been reduced by Change Orders;
d. City has been required to correct defective Work or complete Work in accordance with
Paragraph 13.09; or
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e. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraph 15.02.A.
C. Retainage:
1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent
(10%).
2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent
(5%).
D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the
time specified in the Contract Documents, the sum per day specified in the Agreement, will be
deducted from the monies due the Contractor, not as a penalty, but as liquidated damages
suffered by the City.
E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment
will become due in accordance with the Contract Documents.
F. Reduction in Payment:
1. City may refuse to make payment of the amount requested because:
a. Liens have been filed in connection with the Work, except where Contractor has
delivered a specific bond satisfactory to City to secure the satisfaction and discharge of
such Liens;
b. there are other items entitling City to a set-off against the amount recommended; or
c. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A.
2. If City refuses to make payment of the amount requested, City will give Contractor written
notice stating the reasons for such action and pay Contractor any amount remaining after
deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or
any adjustment thereto agreed to by City and Contractor, when Contractor remedies the
reasons for such action.
14.03 Contractor's Warranty of Title
Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the Project or not, will pass to City no later than
the time of payment free and clear of all Liens.
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14.04 Partial Utilization
A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed
part of the Work which has specifically been identified in the Contract Documents, or which
City, determines constitutes a separately functioning and usable part of the Work that can be
used by City for its intended purpose without significant interference with Contractor's
performance of the remainder of the Work. City at any time may notify Contractor in writing to
permit City to use or occupy any such part of the Work which City determines to be ready for its
intended use, subject to the following conditions:
1. Contractor at any time may notify City in writing that Contractor considers any such part of
the Work ready for its intended use.
2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and
Contractor shall make an inspection of that part of the Work to determine its status of
completion. If City does not consider that part of the Work to be substantially complete, City
will notify Contractor in writing giving the reasons therefor.
3. Partial Utilization will not constitute Final Acceptance by City.
14.05 Final Inspection
A. Upon written notice from Contractor that the entire Work is complete in accordance with the
Contract Documents:
1. within 10 days, City will schedule a Final Inspection with Contractor.
2. City will notify Contractor in writing of all particulars in which this inspection reveals that
the Work is incomplete or defective. Contractor shall immediately take such measures as are
necessary to complete such Work or remedy such deficiencies.
B. No time charge will be made against the Contractor between said date of notification of the City
and the date of Final Inspection. Should the City determine that the Work is not ready for Final
Inspection, City will notify the Contractor in writing of the reasons and Contract Time will
resume.
14.06 Final Acceptance
Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final
Inspection, City will issue to Contractor a letter of Final Acceptance.
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14.07 Final Payment
A. Application for Payment:
1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for
final payment following the procedure for progress payments in accordance with the
Contract Documents.
2. The final Application for Payment shall be accompanied (except as previously delivered) by:
a. all documentation called for in the Contract Documents, including but not limited to the
evidence of insurance required by Paragraph 5.03;
b. consent of the surety, if any, to final payment;
c. a list of all pending or released Damage Claims against City that Contractor believes are
unsettled; and
d. affidavits of payments and complete and legally effective releases or waivers
(satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the
Work.
B. Payment Becomes Due:
1. After City's acceptance of the Application for Payment and accompanying documentation,
requested by Contractor, less previous payments made and any sum City is entitled,
including but not limited to liquidated damages, will become due and payable.
2. After all Damage Claims have been resolved:
a. directly by the Contractor or;
b. Contractor provides evidence that the Damage Claim has been reported to Contractor's
insurance provider for resolution.
3. The making of the final payment by the City shall not relieve the Contractor of any
guarantees or other requirements of the Contract Documents which specifically continue
thereafter.
14.08 Final Completion Delayed and Partial Retainage Release
A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon
receipt of Contractor's final Application for Payment, and without terminating the Contract,
make payment of the balance due for that portion of the Work fully completed and accepted. If
the remaining balance to be held by City for Work not fully completed or corrected is less than
the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in
Paragraph 5.02, the written consent of the surety to the payment of the balance due for that
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portion of the Work fully completed and accepted shall be submitted by Contractor to City with
the Application for such payment. Such payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a waiver of Contract Claims.
B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment
and maintenance, and test and performance periods following the completion of all other
construction in the Contract Documents for all Work locations, the City may release a portion of
the amount retained provided that all other work is completed as determined by the City. Before
the release, all submittals and final quantities must be completed and accepted for all other work.
An amount sufficient to ensure Contract compliance will be retained.
14.09 Waiver of Claims
The acceptance of final payment will constitute a release of the City from all claims or liabilities
under the Contract for anything done or furnished or relating to the work under the Contract
Documents or any act or neglect of City related to or connected with the Contract.
ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION
15.01 City May Suspend Work
A. At any time and without cause, City may suspend the Work or any portion thereof by written
notice to Contractor and which may fix the date on which Work will be resumed. Contractor
shall resume the Work on the date so fixed. During temporary suspension of the Work covered
by these Contract Documents, for any reason, the City will make no extra payment for stand-by
time of construction equipment and/or construction crews.
B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the
control of and without the fault or negligence of the Contractor, and should it be determined by
mutual consent of the Contractor and City that a solution to allow construction to proceed is not
available within a reasonable period of time, Contractor may request an extension in Contract
Time, directly attributable to any such suspension.
C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall
store all materials in such a manner that they will not obstruct or impede the public unnecessarily
nor become damaged in any way, and he shall take every precaution to prevent damage or
deterioration of the work performed; he shall provide suitable drainage about the work, and erect
temporary structures where necessary.
D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the
necessary equipment to the job when it is determined by the City that construction may be
resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the
equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is
moved to another construction project for the City.
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15.02 City May Terminate for Cause
A. The occurrence of any one or more of the following events by way of example, but not of
limitation, may justify termination for cause:
1. Contractor's persistent failure to perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficient skilled workers or
suitable materials or equipment, failure to adhere to the Project Schedule established under
Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere
to the City's MWBE ordinance established under Paragraph 6.06.D);
2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction;
3. Contractor's repeated disregard of the authority of City; or
4. Contractor's violation in any substantial way of any provisions of the Contract Documents;
or
5. Contractor's failure to promptly make good any defect in materials or workmanship, or
defects of any nature, the correction of which has been directed in writing by the City; or
6. Substantial indication that the Contractor has made an unauthorized assignment of the
Contract or any funds due therefrom for the benefit of any creditor or for any other purpose;
or
7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise
financially unable to carry on the Work satisfactorily; or
8. Contractor commences legal action in a court of competent jurisdiction against the City.
B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written
notice to Contractor and Surety to arrange a conference with Contractor and Surety to address
Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after
receipt of notice.
1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to
perform the construction Contract, the City may, to the extent permitted by Laws and
Regulations, declare a Contractor default and formally terminate the Contractor's right to
complete the Contract. Contractor default shall not be declared earlier than 20 days after the
Contractor and Surety have received notice of conference to address Contractor's failure to
perform the Work.
2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the
Work. If Surety does not commence performance thereof within 15 consecutive calendar
days after date of an additional written notice demanding Surety's performance of its
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obligations, then City, without process or action at law, may take over any portion of the
Work and complete it as described below.
a. If City completes the Work, City may exclude Contractor and Surety from the site and
take possession of the Work, and all materials and equipment incorporated into the Work
stored at the Site or for which City has paid Contractor or Surety but which are stored
elsewhere, and finish the Work as City may deem expedient.
3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any
further payment until the Work is finished. If the unpaid balance of the Contract Price
exceeds all claims, costs, losses and damages sustained by City arising out of or resulting
from completing the Work, such excess will be paid to Contractor. If such claims, costs,
losses and damages exceed such unpaid balance, Contractor shall pay the difference to City.
Such claims, costs, losses and damages incurred by City will be incorporated in a Change
Order, provided that when exercising any rights or remedies under this Paragraph, City shall
not be required to obtain the lowest price for the Work performed.
4. Neither City, nor any of its respective consultants, agents, officers, directors or employees
shall be in any way liable or accountable to Contractor or Surety for the method by which the
completion of the said Work, or any portion thereof, may be accomplished or for the price
paid therefor.
5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right
to recover damages from Contractor or Surety for Contractor's failure to timely complete the
entire Contract. Contractor shall not be entitled to any claim on account of the method used
by City in completing the Contract.
6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as
provided for in the bond requirements of the Contract Documents or any special guarantees
provided for under the Contract Documents or any other obligations otherwise prescribed by
law.
C. Notwithstanding Paragraphs 15.02.B, Contractor's services will not be terminated if Contractor
begins within seven days of receipt of notice of intent to terminate to correct its failure to
perform and proceeds diligently to cure such failure within no more than 30 days of receipt of
said notice.
D. Where Contractor's services have been so terminated by City, the termination will not affect any
rights or remedies of City against Contractor then existing or which may thereafter accrue. Any
retention or payment of moneys due Contractor by City will not release Contractor from liability.
E. If and to the extent that Contractor has provided a performance bond under the provisions of
Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this
Article.
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15.03 City May Terminate For Convenience
A. City may, without cause and without prejudice to any other right or remedy of City, terminate the
Contract. Any termination shall be effected by mailing a notice of the termination to the
Contractor specifying the extent to which performance of Work under the contract is terminated,
and the date upon which such termination becomes effective. Receipt of the notice shall be
deemed conclusively presumed and established when the letter is placed in the United States
Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and
established that such termination is made with just cause as therein stated; and no proof in any
claim, demand or suit shall be required of the City regarding such discretionary action.
B. After receipt of a notice of termination, and except as otherwise directed by the City, the
Contractor shall:
1. Stop work under the Contract on the date and to the extent specified in the notice of
termination;
2. place no further orders or subcontracts for materials, services or facilities except as may be
necessary for completion of such portion of the Work under the Contract as is not terminated;
3. terminate all orders and subcontracts to the extent that they relate to the performance of the
Work terminated by notice of termination;
4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any,
directed by the City:
a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and
other material produced as a part of, or acquired in connection with the performance of,
the Work terminated by the notice of the termination; and
b. the completed, or partially completed plans, drawings, information and other property
which, if the Contract had been completed, would have been required to be furnished to
the City.
5. complete performance of such Work as shall not have been terminated by the notice of
termination; and
6. take such action as may be necessary, or as the City may direct, for the protection and
preservation of the property related to its contract which is in the possession of the
Contractor and in which the owner has or may acquire the rest.
C. At a time not later than 30 days after the termination date specified in the notice of termination,
the Contractor may submit to the City a list, certified as to quantity and quality, of any or all
items of termination inventory not previously disposed of, exclusive of items the disposition of
which has been directed or authorized by City.
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D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list
submitted shall be subject to verification by the City upon removal of the items or, if the items
are stored, within 45 days from the date of submission of the list, and any necessary adjustments
to correct the list as submitted, shall be made prior to final settlement.
E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination
claim to the City in the form and with the certification prescribed by the City. Unless an
extension is made in writing within such 60 day period by the Contractor, and granted by the
City, any and all such claims shall be conclusively deemed waived.
F. In such case, Contractor shall be paid for (without duplication of any items):
1. completed and acceptable Work executed in accordance with the Contract Documents prior
to the effective date of termination, including fair and reasonable sums for overhead and profit on
such Work;
2. expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials, or equipment as required by the Contract Documents in connection
with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;
and
3. reasonable expenses directly attributable to termination.
G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid
to the Contractor by reason of the termination of the Work, the City shall determine, on the basis
of information available to it, the amount, if any, due to the Contractor by reason of the
termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid
on account of loss of anticipated profits or revenue or other economic loss arising out of or
resulting from such termination.
ARTICLE 16 — DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision
under Paragraph 10.06 before such decision becomes final and binding. The request for
mediation shall be submitted to the other party to the Contract. Timely submission of the request
shall stay the effect of Paragraph 10.06.E.
B. City and Contractor shall participate in the mediation process in good faith. The process shall be
commenced within 60 days of filing of the request.
C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a
denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after
termination of the mediation unless, within that time period, City or Contractor:
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1. elects in writing to invoke any other dispute resolution process provided for in the
Supplementary Conditions; or
2. agrees with the other party to submit the Contract Claim to another dispute resolution
process; or
3. gives written notice to the other party of the intent to submit the Contract Claim to a court of
competent jurisdiction.
ARTICLE 17 — MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if:
1. delivered in person to the individual or to a member of the film or to an officer of the
corporation for whom it is intended; or
2. delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.
B. Business address changes must be promptly made in writing to the other party.
C. Whenever the Contract Documents specifies giving notice by electronic means such electronic
notice shall be deemed sufficient upon confirmation of receipt by the receiving party.
17.02 Computation of Times
When any period of time is referred to in the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last
day of the period.
17.03 Cumulative Remedies
The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in any way as
a limitation of, any rights and remedies available to any or all of them which are otherwise imposed
or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the
Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically
in the Contract Documents in connection with each particular duty, obligation, right, and remedy to
which they apply.
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17.04 Survival of Obligations
All representations, indemnifications, warranties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
17.05 Headings
Article and paragraph headings are inserted for convenience only and do not constitute parts of these
General Conditions.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
1
2
SECTION 00 73 00
SUPPLEMENTARY CONDITIONS
007300-1
SUPPLEMENTARY CONDITIONS
Page 1 of 4
3 TO
4 GENERAL CONDITIONS
5
6 Supplementary Conditions
7
8 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other
9 provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are
10 modified or supplemented remain in full force and effect as so modified or supplemented. All provisions
11 of the General Conditions which are not so modified or supplemented remain in full force and effect.
12
13 Defined Terms
14
15 The terms used in these Supplementary Conditions which are defined in the General Conditions have the
16 meaning assigned to them in the General Conditions, unless specifically noted herein.
17
18 Modifications and Supplements
19
20 The following are instructions that modify or supplement specific paragraphs in the General Conditions and
21 other Contract Documents.
22
23 SC-3.03B.2, "Resolving Discrepancies"
24
25 Plans govem over Specifications and Specifications shall govern over standard details.
26
27 SC-4.01A
28
29 Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding.
30 Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the
31 Contract Drawings.
32
33 SC-4.01A.1., "Availability of Lands"
34
35 The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of
36 July 2012.
37
38 Outstanding Right -Of -Way, and/or Easements to Be Acquired
PARCEL OWNER TARGET DATE
NUMBER OF POSSESSION
None
N/A N/A
39 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed,
40 and do not bind the City.
41
42 If Contractor considers the final easements provided to differ materially from the representations on the
43 Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work,
44 notify City in writing associated with the differing easement line locations.
45
46
47
CITY OF FORT WORTH RHWTP Filter Underdrain Cap Replacement Project
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. WTR-2012-000032
007300-2
SUPPLEMENTARY CONDITIONS
Page 2 of 4
1 SC-4.01A.2, "Availability of Lands"
2
3 Utilities or obstructions to be removed, adjusted, and/or relocated
4
5 The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated
6 as of July 2012
7
EXPECTED
OWNER
UTILITY AND LOCATION
TARGET DATE OF
ADJUSTMENT
None N/A
8 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed,
9 and do not bind the City.
10
11 SC-4.02A., "Subsurface and Physical Conditions"
12
13 The following are reports of explorations and tests of subsurface conditions at the site of the Work: None
14
15 SC-4.06A., "Hazardous Environmental Conditions at Site"
16
17 The following are reports and drawings of existing hazardous environmental conditions known to the City:
18 None
19
20 SC-5.03A., "Certificates of Insurance"
21
22 The entities listed below are "additional insured as their interest may appear" including their respective
23 officers, directors, agents and employees.
24
25 (1) City
26 (2) Consultant: Neel -Schaffer, Inc.
27 (3) Other:
28
29 SC-5.04A., "Contractor's Insurance"
30
31 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following
32 coverages for not less than the following amounts or greater where required by laws and regulations:
33
34 5.04A. Workers' Compensation, under Paragraph GC-5.04A.
35
36 Statutory limits
37 Employer's liability
38 $100,000 each accident/occurrence
39 $100,000 Disease - each employee
40 $500,000 Disease - policy limit
41
42 SC-5.04B., "Contractor's Insurance"
43
44 5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance
45 under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with
46 minimum limits of:
47
48 $1,000,000 each occurrence
49 $2,000,000 aggregate limit
CITY OF FORT WORTH RHWTP Filter Underdrain Cap Replacement Project
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. WTR-2012-000032
007300-3
SUPPLEMENTARY CONDITIONS
Page 3 of 4
1 The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the
2 General Aggregate Limits apply separately to each job site.
3
4 The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's.
5 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance.
6
7 SC 5.04C., "Contractor's Insurance"
8 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under
9 Paragraph GC-5.04C., which shall be in an amount not less than the following amounts:
10
11 (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto",
12 defined as autos owned, hired and non -owned.
13
14 $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at
15 least:
16
17 $250,000 Bodily Injury per person /
18 $500,000 Bodily Injury per accident /
19 $100,000 Property Damage
20
21 SC-6.04., "Project Schedule"
22
23 Project schedule shall be tier 5 for the project.
24
25 SC-6.07., "Wage Rates"
26
27 The prevailing wage rate table(s) applicable to this project are provided at the end of this Part D Special
28 Conditions, located following these Supplementary Condition.
29
30 SC-6.09., "Permits and Utilities"
31
32 SC-6.09A., "Contractor obtained permits and licenses"
33 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor:
34 None.
35
36 SC-6.09B. "City obtained permits and licenses"
37 The following are known permits and/or licenses required by the Contract to be acquired by the City: None
38
39 SC-6.24B., "Title VI, Civil Rights Act of 1964 as amended"
40
41 During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest
42 (hereinafter referred to as the "Contractor") agrees as follows:
43
44 1. Compliance with Regulations: The Contractor shall comply with the Regulation relative to
45 nondiscrimination in Federally -assisted programs of the Department of Transportation (hereinafter,
46 "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time,
47 (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part
48 of this contract.
49
50 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall
51 not discriminate on the grounds of race, color, or national origin, in the selection and retention of
52 subcontractors, including procurements of materials and leases of equipment. The Contractor shall not
53 participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the
54 Regulations, including employment practices when the contract covers a program set forth in
55 Appendix B of the Regulations.
CITY OF FORT WORTH RHWTP Filter Underdrain Cap Replacement Project
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. WTR-2012-000032
007300-4
SUPPLEMENTARY CONDITIONS
Page 4 of 4
1 3. Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all
2 solicitations either by competitive bidding or negotiation made by the contractor for work to be
3 performed under a subcontract, including procurements of materials or leases of equipment, each
4 potential subcontactor or supplier shall be notified by the Contractor of the Contractor's obligations
5 under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or
6 national origin.
7
8 4. Information and Reports: The Contractor shall provide all information and reports required by the
9 Regulations or directives issued pursuant thereto, and shall permit access to its books, records,
10 accounts, other sources of information and its facilities as may be determined by City or the Texas
11 Department of Transportation to be pertinent to ascertain compliance with such Regulations, orders
12 and instructions. Where any information required of a contractor is in the exclusive possession of
13 another who fails or refuses to furnish this information the contractor shall so certify to the City, or the
14 Texas Department of Transportation, as appropriate, and shall set forth what efforts it has made to
15 obtain the information.
16
17 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the
18 nondiscrimination provisions of this Contract, City shall impose such contract sanctions as it or the
19 Texas Department of Transportation may determine to be appropriate, including, but not limited to:
20
21 a. withholding of payments to the Contractor under the Contract until the Contractor
22 complies, and/or
23 b. cancellation, termination or suspension of the Contract, in whole or in part.
24
25 6. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through
26 (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt
27 by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with
28 respect to any subcontract or procurement as City or the Texas Department of Transportation may
29 direct as a means of enforcing such provisions including sanctions for non-compliance: Provided,
30 however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a
31 subcontractor or supplier as a result of such direction, the contractor may request City to enter into
32 such litigation to protect the interests of City, and, in addition, the contractor may request the United
33 States to enter into such litigation to protect the interests of the United States.
34
35 Additional Title VI requirements can be found in the Appendix.
36
37 SC-7.02., "Coordination"
38
39 The individuals or entities listed below have contracts with the City for the performance of other work at
40 the Site:
41
Contractor
N/A
Scope of Work
Coordination Authority
42
43 SC-9.01., "City's Project Representative"
44
45 The following firm is a consultant to the City responsible for construction management of this Project:
46 CDM Smith, Inc.
47
48 SC-13.03C., "Tests and Inspections"
49
50 None
51 END OF SECTION
CITY OF FORT WORTH RHWTP Filter Underdrain Cap Replacement Project
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. WTR-2012-000032
City of Fort Worth
RHWTP Filter Underdrain Cap Replacement Project
PART D
SPECIAL CONDITIONS
This Part D — Special Conditions is complimentary to Part C — General Conditions and Part C1 —
Supplementary Conditions to Part C of the Contract. Anything contained in this Part D that is additive to any
provision in Part C — General Conditions and part Cl — Supplementary Conditions to Part C of the Contract are
to be read together. Any conflict between Part C — General Conditions and Part C1 — Supplementary
Conditions of the Contract and this Part D, Part D shall control.
FOR: ROLLING HILLS WATER TREATMENT PLANT
FILTER UNDERDRAIN CAP REPLACEMENT PROJECT
PROJECT NO. WTR-2012-000032
D-1 GENERAL
The order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents
subject to the ruling of the Engineer shall generally, but not necessarily, follow the guidelines listed below:
1. Plans
2. Contract Documents
3. Special Conditions
The following Special Conditions shall be applicable to this project and shall govern over any conflicts with
the General Contract Documents under the provisions stated above. The Contractor shall be responsible for
defects in this project due to faulty materials and workmanship, or both, for a period of two (2) years from date
of final acceptance of this project by the City of Fort Worth and will be required to replace at his expense any
part or all of this project which becomes defective due to these causes.
Subject to modifications as herein contained, the Fort Worth Water Department's General Contract Documents
and General Specifications, with latest revisions, are made a part of the General Contract Documents for this
project. The Plans, these Special Contract Documents and the rules, regulations, requirements, instructions,
drawings or details referred to by manufacturers name, or identification include therein as specifying, referring
or implying product control, performance, quality, or other shall be binding upon the contractor. The
specifications and drawings shall be considered cooperative; therefore, work or material called for by one and
not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required
by all.
Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre -qualified
with the Water Department to perform such work in accordance with procedures described in the current Fort
Worth Water Department General Specifications, which general specifications shall govern performance of all
such work.
Part D Special Conditions.doc D-1 October 2012
City of Fort Worth
RHWTP Filter Underdrain Cap Replacement Project
Bidders shall not separate, detach or remove any portion, segment or sheets from the contract
document at any time. Failure to bid or fully execute contract without retaining contract documents
intact may be grounds for designating bids as "non -responsive" and rejecting bids or voiding contract
as appropriate as determined by the City Engineer.
D-2 LOCATION AND DESCRIPTION OF PROJECT
The Rolling Hills Water Treatment Plant site is located at 2500 Southeast Loop 820, Fort Worth, TX
76140.
This Contract consists of the furnishing of all the material, equipment, labor and supervision necessary for
the rehabilitation work associated with the Filters No. 1, Nos. 5 through 7, and Nos. 10 through 20 at the
Rolling Hills Water Treatment Plant. These fifteen (15) filters will be modified by removing the existing
media support caps from the existing underdrain blocks and replacing with 12 inches of gravel. The
rehabilitation of the filters will require removal and reinstallation of the existing filter media. If requested
by Owner, additional anthracite media will be provided to accommodate potential loss of media. The work
to be performed is as shown on the plans and as described herein.
D-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
A. Definitions:
1. Certification of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority
to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83,
or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's
employees providing services on a project, for the duration of the project.
2. Duration of the project - includes the time from the beginning of the work on the project until the
contractor's/person's work on the project has been completed and accepted by the governmental entity.
3. Persons providing services on the project ("subcontractor" in §406.096)- includes all persons or
entities performing all or part of the services the contractor has undertaken to perform on the project,
regardless of whether that person contracted directly with the contractor and regardless of whether that
person has employees. This includes, without limitation, independent contractors, subcontractors,
leasing companies, motor carriers, owner operators, employees of any such entity, or employees of any
entity which furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation,
or other services related to a project. "Services" does not include activities unrelated to the project,
such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.
B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) or all employees of the Contractor providing services on the project,
for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior to being warded
the contract.
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City of Fort Worth
RHWTP Filter Underdrain Cap Replacement Project
D. If the coverage period shown on the contractor's current certificate of coverage ends during the
duration of the project, the contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
E. The Contractor shall obtain from each person providing services on a project, and provide the
governmental entity:
1. A certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing services on
the project; and
2. No later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends during
the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the project and for
one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,
within ten (10) days after the contractor knew or should have known„ of any change that materially
affects the provision of coverage of any person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the
Texas Worker's Compensation Commission, informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify coverage and report lack of
coverage.
I. The contractor shall contractually require each person with whom it contracts to provide services on a
project, to:
1. Provide coverage, based on proper reporting on classification codes and payroll amounts and filing of
any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section
401.011(44) for all of its employees providing services on the project, for the duration of the project;
2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage
showing that coverage is being provided for all employees of the person providing services on the
project, for the duration of the project;
3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends during
the duration of the project;
4. Obtain from each other person with whom it contracts, and provide to the Contractor:
a.) A certificate of coverage, prior to the other person beginning work on the project; and
b.) A new certificate of coverage showing extension of coverage, prior to the end of the coverage
period, if the coverage period shown on the current certificate of coverage ends during the
duration of the project.
Part D Special Conditions.doc D-3 October 2012
City of Fort Worth
RHWTP Filter Underdrain Cap Replacement Project
5. Retain all required certificates of coverage on file for the duration of the project and for one year
thereafter.
6. Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days
after the person knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1)-
(7), with the certificates of coverage to be provided to the person for whom they are providing
services.
8. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor
is representing to the governmental entity that all employees of the contractor who will provide
services on the project will be covered by worker's compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the
case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative, criminal, civil penalties or other
civil actions.
9. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor
which entitles the governmental entity to declare the contract void if the contractor does not remedy
the breach within ten days after receipt of notice of breach from the governmental entity.
J. The contractor shall post a notice on each project site informing all persons providing services on the
project that they are required to be covered, and stating how a person may verify current coverage and
report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the
Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice
must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall
be in both English and Spanish and any other language common to the worker population. The text for the
notices shall be the following text, without any additional words or changes:
"REQUIRED WORKER'S COMPENSATION COVERAGE
The law requires that each person working on this site or providing services related to this construction
project must be covered by workers' compensation insurance. This includes persons providing, hauling, or
delivering equipment or materials, or providing labor or transportation or other service related to the
project, regardless of the identity of their employer or status as an employee."
Call the Texas Worker's Compensation Commission at (512)440-3789 to receive information on the legal
requirement for coverage, to verify whether your employer has provided the required coverage, or to report
an employer's failure to provide coverage".
D-4 PROJECT DESIGNATION SIGNS
A project sign is not required for this project.
Part D Special Conditions.doc D-4 October 2012
City of Fort Worth
RHWTP Filter Underdrain Cap Replacement Project
D-5 WAGE RATES
The labor classifications and minimum wage rates set forth herein have been predetermined by the City
Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as being the
prevailing classifications and rates that shall govern on all work performed by the Contractor or any
subcontractor on the site of the project covered by these Contract Documents. In no event shall less than
the following rates be paid (see attached wage rates). When two or more wage rate scales are shown and
wage rates shown in specific classifications are in conflict, the higher wage will be used.
D-6 (NOT USED)
D-7 (NOT USED)
D-8 SUBSTITUTIONS
The specifications for materials set out the minimum standard of quality, which the City believes necessary to
procure a satisfactory project. No substitutions will be permitted until the Contractor has received written
permission of the Engineer to make a substitution for the material, which has been specified. Where the term
"or equal", or "or approved equal" is used, it is understood that if a material, product, or piece of equipment
bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the
purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed
for use, the Engineer's approval thereof must be obtained before the Contractor procures the proposed
substitute. Where the term "or equal", or "or approved equal" is not used in the specifications, this does not
necessarily exclude alternative items or material or equipment which may accomplish the intended purpose.
However, the Contractor shall have the full responsibility of proving that the proposed substitution is, in fact,
equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of
substitutions. The provisions of this sub -section as related to "substitutions" shall be applicable to all sections
of these specifications.
D-9 (NOT USED)
D-10 (NOT USED)
D-11 UTILITIES
The Contractor shall at his expense provide all utility services, including water, electricity, gas, telephone,
etc., as may be required by him for temporary facilities during the construction and testing period. The City
will make provisions for connections to the existing utilities provided that adequate service is available at
appropriate points within the plant site; however, the Contractor shall make all necessary arrangements,
furnish materials, and perform all labor and services for connections and metering. For utility services
received by connections to utility lines owned by the City within the plant, the Contractor will be billed by
the City each month. The City will pay for water power use associated with construction and testing.
D-12 SUBSIDIARY WORK
Any and all work specifically governed by documentary requirements for the project, such as conditions
imposed by Plans, the General Contract Documents or these Special Contract Documents, in which no
specific item for bid has been provided for in the proposal, shall be considered as a subsidiary item of
work, the cost of which shall be included in the price bid in the Proposal for each bid item. Surface
restoration and cleanup are general items of work which fall in the category of subsidiary work.
Part D Special Conditions.doc
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City of Fort Worth
RHWTP Filter Underdrain Cap Replacement Project
D-13 RIGHT OF ACCESS
Representatives of the Texas Commission on Environmental Quality (TCEQ), Occupational Safety and
Health Administration (OSHA), and City Code Inspectors shall have access to the project wherever and
whenever it is in preparation or progress, and the Contractor shall provide proper facilities for such access.
D-14 OSHA STANDARDS
All work performed under this contract shall meet the requirements of the Occupational Safety and Health
Administration (OSHA).
It is the responsibility of the Contractor to become familiar with the provisions of regulations published by
the OSHA in the Federal Register and to perform all of the responsibilities thereunder.
It is the Contractor's responsibility to see that the project is constructed in accordance with OSHA
regulations and to indemnify and save harmless the City from any penalties resulting form the Contractor's
failure to so perform.
D-15 TIME OF COMPLETION
The Owner desires that all work under this contract be completed, in total, within one hundred eighty (180)
Calendar Days. Liquidated damages will be assessed the Contractor for failure to complete necessary work
to meet the Substantial Completion and Final Completion dates.
Substantial Completion is defined as completing all filter repair and rehabilitation work required so that all
fifteen of the filters being modified are complete and operational. Substantial Completion shall be met
within one hundred fifty (150) Calendar Days from Notice to Proceed.
The time period between Substantial Completion and Final Completion shall be scheduled for project
cleanup and completion of punch list items necessary for finalizing the project and demobilizing from the
site.
In the event the Contractor fails to meet Interim or Substantial Completion dates of the project, as defined
above and in Section 01040, the Owner may withhold at a rate of $500.00 per Calendar Day as Liquidated
Damages until such Interim or Substantial Completion is met. In the event the Contractor fails to complete
the Project in total within the time set forth above, the Owner may withhold at a rate of $500.00 per
Calendar Day as Liquidated Damages until the project is completed in total.
D-16 INTERPRETATION OF PHRASES
Wherever the words "Directed", "Required", "Permitted", "Designated", "Considered Necessary",
"Prescribed", or words of like import are used on the Plans or in the Specifications, it shall be understood
that they are intended as Specifications, it shall be understood that they are intended as prerogative of the
Owner and/or the Engineer; and, similarly, the words, "Approval", "Acceptable", "Satisfactory", or words
of like import, shall mean approval, etc., by the Owner and/or Engineer.
Wherever in the Specifications or in the Plans for the work the terms or description of various qualities
relative to finish, workmanship, or other qualities of similar kind cannot, because of their nature, be
specifically and briefly described and are customarily described in general terms, the Owner and/or
Engineer shall be final judge as to whether or not the workmanship so described is being performed in
accordance with the intent of the Plans and Specifications the work shall be completed in accordance with
Part D Special Conditions.doc
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City of Fort Worth
RHWTP Filter Underdrain Cap Replacement Project
his interpretation of the meaning of such words, teens, or clauses.
D-17 TERMINATION
It is understood and agreed that this contract may be terminated by the City without obligation to the
Contractor, in whole or from time to time in part, whenever such termination is determined by the City to
be in the best interests of the City. Termination may be effected by delivering to the Contractor or his
designated representative a notice of termination, specifying to what extent performance of the work under
the contract is being terminated and the effective date of termination. After receipt of notice of termination
Contractor shall:
1. Stop work specified in the notice on the date and to the extent specified in the notice of termination.
2. Place no further order or subcontract except as necessary to complete work already underway.
3. Terminate all orders and contracts to the extent that they relate to the performance of the work
terminated by the Notice of Termination.
D-18 FINAL INSPECTION
Final inspection shall be in conformance with the General Conditions.
D-19 FINAL ACCEPTANCE
After construction work is satisfactorily completed, the Owner shall make a final inspection of the project.
The Owner will advise the Contractor if the project has been satisfactorily completed in accordance with
the Plans and Specifications and issue a written statement of final acceptance. After fmal acceptance, the
Contractor shall provide a one-year guaranty in accordance with the General Conditions, commencing the
date of final acceptance.
D-20 (NOT USED)
D-21 INTERPRETATION OF REOUIREMENTS
a. Interpretation: Any question as to interpretation of drawings and specifications or any questions
arising after examination of premises must be referred to the Engineer in writing. No
interpretation nor instructions given verbally by any persons will be considered valid.
b. Lack of Understanding: Lack of understanding of Drawings and Specifications or failure to secure
information concerning all conditions will not justify any claims, and extra compensation will not
be made simply because of lack of such knowledge.
D-22 HAZARDOUS AND TOXIC MATERIALS
Insofar as permitted by law, the Owner shall indemnify and hold harmless the Contractor from and against
any and all liabilities, losses, cost, damages and expenses, arising out of use of the materials at the Owners
site which are not under the direct control of the Contractor, including, but not limited to, any and all
liability resulting form personal injury, including death, property liability, at any time, however caused, due
to the presence or release of, or exposure, whether to the person or property injured or otherwise, to any
hazardous or toxic substance, provided, however, that the City liability shall be limited to that established
in Article 6252-19, Texas Revised Code and other applicable State statutes and Constitutional provisions.
Part D Special Conditions.doc D-7 October 2012
City of Fort Worth
RHWTP Filter Underdrain Cap Replacement Project
D-23 AGE
In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Contractor
covenants that neither it nor any of its officers, members, agents, employees, program participants or
subcontractors, while engaged in performing this contract, shall, in connection with the employment,
advancement or discharge of employees or in connection with the terms, conditions or privileges of their
employment, discriminate against persons because of their age except on the basis of a bona fide
occupational qualification, retirement plan or statutory requirement.
Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors,
program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for
employees to work on this contract, a maximum age limit for such employment unless the specified
maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory
requirement.
Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless
against any claims or allegations asserted by third parties or subcontractors against City arising out of
Contractor's and/or its subcontractor's alleged failure to comply with the above referenced Policy
concerning age discrimination in the performance of this agreement.
D-24 DISABILITY
In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor
warrants that if any and all of its subcontractors will not unlawfully discriminate on the basis of disability
in the provision of services to the general public, nor in the availability, terms and/or conditions of
employment for applicants for employment with, or employees of Contractor or any of its subcontractors.
Contractor warrants it will fully comply with ADA's provision and any other applicable federal, state and
local laws concerning disability and will defend, indemnify and hold City harmless against any claims or
allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its
subcontractor's alleged failure to comply with the above -referenced law concerning disability
discrimination in the performance of this agreement.
D-25 MINORITY AND WOMEN BUSINESS ENTERPRISES
The Minority and Women Business Enterprise requirements, per the City of Fort Worth Ordinance No.
15530, have been waived and are not applicable for this project.
D-26 BONDS.
A performance bond, a payment bond, and a maintenance bond each for one hundred (100%) percent of the
contract price will be required. The maintenance bond shall be for a two-year period.
D-27 INSURANCE
Property insurance upon the entire work, including materials not in place at the site to the full insurable
value thereof, is required. All Risk Builder's Risk Insurance shall include the interests of the Owner, the
Contractor, Subcontractor and Sub -subcontractors in the work and shall include, but not be limited to, the
perils of fire, lightning, flood, collapse, windstorm, hail, explosion, riot, civil commotion, smoke, aircraft,
land vehicles, vandalism and malicious mischief. The Builder's Risk Insurance shall be endorsed to permit
occupancy prior to completion of construction and prior to acceptance by the Owner. A copy of the
Builder's Risk Policy shall be filed with the Owner and shall include a thirty (30) day notice of
Part D Special Conditions.doc
D-8
October 2012
City of Fort Worth
RHWTP Filter Underdrain Cap Replacement Project
cancellation of policy provision.
D-28 (NOT USED1
D-29 (NOT USED)
D-30 (NOT USED)
D-31 PROJECT SUPERINTENDENTS
The Contractor shall keep a competent resident superintendent at the project site at all times during the
progress of the work. A resume listing the qualifications and experience record of the proposed resident
superintendent, as well as references from similar projects shall be submitted to the Owner, prior to the
award of contract. This resident superintendent, if found to be acceptable, shall not be removed except
under extraordinary circumstances. Qualifications of a proposed replacement shall be submitted when a
request is made for the replacement of the superintendent and shall be approved by the Owner prior to
withdrawing the Superintendent.
During the construction of the project the resident superintendent shall demonstrate an ability to properly
execute the work outlined in the contract documents in a timely manner and shall consistently produce
work of an acceptable quality and in accordance with the contract documents. If the Owner shall have a
reasonable objection to the performance of the resident superintendent, the Contractor shall replace the
resident superintendent upon written notice from the Owner. The resident superintendent shall be replaced
with a superintendent acceptable to the Owner. No extension of time will be allowed for delays caused by
the replacement of a resident representative.
D-32 (NOT USED)
D-33 (NOT USED)
D-34 (NOT USED)
D-35 SANITARY FACILITIES FOR WORKMEN
As set forth in the General Conditions, Section C6-6.4, the Contractor shall provide all necessary sanitary
conveniences for the use of workmen at the project site. The Contractor shall also provide adequate
drinking water facilities. The Contractor and his subcontractors and workmen shall not use the existing
plant sanitary facilities.
D-36 PAYMENT FOR MOBILIZATION OR DEMOBILIZATION
Payments for mobilization and/or demobilization may be approved on periodical estimates for the
percentage completed. The payment for mobilization shall not exceed three and one third (3 1/3 %)
percent of the total contract amount. Demobilization shall equal one half (%2) the mobilization cost. Total
payment for mobilization and demobilization will be made to the Contractor when each is complete.
Part D Special Conditions.doc
D-9
October 2012
City of Fort Worth
RHWTP Filter Underdrain Cap Replacement Project
D-37 SEOUENCE OF CONSTRUCTION
Prior to the start of any work on the project, Contractor shall meet with the Engineer and develop a
construction schedule and sequence of operation. The construction schedule shall be with appropriate
scheduling software.
D-38 (NOT USED)
D-39 WARRANTY CERTIFICATES
The Manufacturer shall warrant that all equipment furnished by it hereunder complies in all respects with
the design and specification of this contract and contains no defect of material or workmanship. In the
event of failure of any part or parts of the equipment during the two years of service following final project
completion, due to defects of design, materials, or workmanship, the affected part or parts shall be replaced
promptly upon notice by the Contractor. All replacement parts shall be furnished, delivered and installed
at the expense of the Manufacturer.
All warranty certificates or manufacturer's guarantees, for equipment purchased by the Contractor shall be
issued in the name of the City of Fort Worth.
D-40 LIMITS OF EXTRA COMPENSATION FOR DELAYS
The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and
unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or
material, if any, which is to be furnished by the City. When such extra compensation is claimed, a written
statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be
approved and referred by him to the City Council for final approval or disapproval; and the action thereon
by the City Council shall be final and binding. If delay is caused by specific orders given by the Engineer
to stop work, or by the performance of extra work, or by the failure of the City to provide material or
necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent
extension of time, his application for which shall, however, be subject to the approval of the City Council;
and no such extension of time shall release the Contractor or the surety on his Performance Bond from all
his obligations hereunder which shall remain in full force until the discharge of the Contract.
D-41 PROGRESS PHOTOGRAPHS
The Contractor shall take photographs of the project site prior to construction, throughout the construction
of the project, and after completion of the project. Photographs shall be taken with a quality digital camera
with date back capability, with lenses ranging form wide angle to 135mm. Photographs shall be taken at
locations designated by the Engineer.
The Contractor shall provide ten (10) photographs of the site prior to construction, twenty (20)
photographs during the course of construction, and ten (10) photographs upon completion of work.
D-42 SUBMITTALS
The Contractor shall be responsible for the accuracy and completeness of the information contained in
each submittal and shall insure that the values, material, equipment, or method of work shall be as
described in the submittal. All submittals must be stamped by the Contractor, indicating that they have
been checked by the Contractor for compliance with Contract Documents and approved by the Contractor,
or contain certifications as required by the Contract Documents. Submittals that do not have the stamp
Part D Special Conditions.doc
D-10
October 2012
City of Fort Worth
RHWTP Filter Underdrain Cap Replacement Project
applied or include the required certifications will be returned to the Contractor without processing.
The Contractor shall ensure that there is no conflict with other submittals and notify the Engineer of each
case where the proposed change may affect the work of another Contractor or Owner. The Contractor
shall ensure coordination of submittals among the related crafts and Subcontractors. Submittals will not be
accepted from Subcontractors or suppliers. The Contractor shall assign a number to each submission
provided to the Engineer to allow each submittal to be tracked while processing through the review
procedures.
Submittals shall be accompanied by the Submittal Transmittal Form provided by the Engineer. A separate
form shall be used for each specific item, class of material, equipment, and items specified in separate
discrete sections, etc., for which a submittal is required. Submittals for various items shall be made with a
single form when the items taken together constitute a manufacturer's package, or are so functionally
related that they should be checked as a unit.
Assignment of numbers shall be by means of a letter prefix, a sequence number, and letter suffix to
indicate rsubmittals.
Refer to Section 01300 for detailed submittal requirements.
Applicable Prefixes are:
CO Change Order
CMR Contractor's Modification Request
CTR Certified Test Report
EIR Equipment Installation Report
FO Field Order
MIS Miscellaneous Submittals
NBC Notifications by Contractor
OM Operation and Maintenance Manual
PCM Proposed Contract Modifications
PE - Periodical Estimate for Partial Payment
RFI - Request For Information
PP Progress Photographs
RD Record Drawing
SD - Shop Drawing
SCH Schedule of Progress
The sequence number shall be issued in chronological order for each type of submittal. Resubmittals shall
be followed by a letter of the alphabet to indicate the number of times a submittal has been sent to the
Engineer for processing. As an example, a submittal with the number RD-025 indicates that he submittal
is the 25th item of Record Data submitted.
Correct assignment of numbers is essential as different submittal types are processed in different ways.
Some submittals received do not require that any response be given for the material. Contractor shall
maintain a log of submissions to allow the processing of Contractor's submittals to be monitored. Logs
will be reviewed periodically to determine that all submittals are received and processed.
Submittal numbers are to be clearly noted on each page or sheet of the submittal.
Part D Special Conditions.doc D-11 October 2012
City of Fort Worth
RHWTP Filter Underdrain Cap Replacement Project
In addition, each submittal shall have a cross-referenced identification number relating to the specification
that the submittal applies. The identification number shall be per Section 01300.
Submittals shall be marked to show clearly the applicable sections of the specification and sheet number of
drawings.
D-43 RECORD DRAWINGS
a. General: During prosecution of the work, the Contractor shall maintain a complete set of drawings
upon which all deviations and changes shall be legibly recorded with actual works done.
Deviations and changes shall be marked in red on a full-size set of drawings.
b. Delivery: Record Drawings shall be delivered to the Engineer in good condition upon completion
and acceptance of the work and before final payment is made.
c. Requirements: Record Drawings shall be required for all work performed as a part of this project.
D-44 SHOP DRAWINGS
Equipment and material covered in the technical specifications shall have Shop Drawings submitted. Shop
Drawings for the support gravel and anthracite media shall be submitted in sufficient time to meet the
project schedule. If desired, Contractor may submit these shop drawings upon receiving Notice of Award.
D-45 REOUEST FOR INFORMATION
When necessary, the Contractor shall request additional information, clarification or interpretation of the
contract documents or when the Contractor believes there is a conflict between contract documents or
when the Contractor believes there is a conflict between the drawings and specifications, he shall identify
the conflict and request clarification using the Request for Information (RFI) form provided by the
Engineer. Sufficient information shall be attached to permit a written response without further
information.
The Engineer will log each request and will review the request. If review of the project information
request indicates that a change to the contract documents is required, the Engineer will issue a Proposed
Contract Modification as described in Paragraph D-46.
D-46 CONTRACTOR MODIFICATION REOUEST / PROPOSED CONTRACT
MODIFICATION
Any change in the contract documents that is requested will be initiated by the Contractor issuing a
Contractor's Modification Request or by Engineer issuing a Proposed Contract Modifications on the form
provided by the Engineer. Proposals will be reviewed by the Owner and if found acceptable will be
incorporated in a Change Order in accordance with the General Conditions, or by Field Order in
accordance with Paragraph D-50 of the SPECIAL CONDITIONS.
The Contractor's Modification Request shall fully identify and describe the deviations and associated
costs, and state the reason the change is requested. Any savings in cost related to the substitution is to be
stated in the request for consideration.
Part D Special Conditions.doc
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October 2012
City of Fort Worth
RHWTP Filter Underdrain Cap Replacement Project
D-47 RECORD DATA
Record Data shall be submitted to provide information as to the general character, style and manufacturer
of the equipment to allow the Owner to adequately identify the materials or equipment incorporated into
the project. Record Data shall be provided for all equipment and materials of construction. Record Data
are not required for items which Shop Drawings and/or Operations and Maintenance manuals are required.
Record Data shall be complete to indicate where the material was incorporated into the project, provide
schedules of materials and their use, colors, model numbers and other information which would allow this
material to be replaced at some future date. Record Data will be received by the Engineer and logged for
transmittal to the Owner. Record Data will not be reviewed for comment and no response will be made to
the Contractor.
D-48 EOUIPMENT INSTALLATION REPORT
A written report shall be submitted by the equipment supplier performing the installation check for
equipment as required. This report shall certify that 1) the equipment has been properly installed and
lubricated, 2) is in accurate alignment, 3) is free from any undue stress imposed by connecting piping,
equipment, or anchor bolts, and 4) has been operated under full load conditions and that it is operating
satisfactorily.
D-49 NOTIFICATION BY CONTRACTOR
Written notification of the need for testing, observation of work by Engineer, intent to work outside of
regular working hours, or the request to shutdown the facilities or make utility connections shall be given
to the Engineer by issuance of a Notification By Contractor on a form provided by the Engineer.
D-50 ALTERATION OF CONTRACT DOCUMENTS
By Change Order or Field Order, the Owner reserves the right to make changes in the Contract Documents
and in the character or quantities of the work as may be necessary or desirable to insure completion in the
most satisfactory manner, provided such changes are consistent with the overall intent of the Contract
Documents.
A Field Order is a written order issued by the Engineer which authorizes minor changes or alterations in
the work that do not involve changes in the Contractor Time or Contract Amount. Modifications to the
contract can only be authorized by a Change Order or Field Order. Such changes shall not be considered
as waiving or invalidating any condition or provision of the Contract Documents.
If Contractor believes that a minor change or alternation authorized by Field Order entitles him to an
increase in contract amount or contract time, he shall not proceed with the work and shall, within 10 days
after receiving the Field Order, so advise the Engineer in writing and request that a Change Order be
issued in accordance with the General Conditions.
Part D Special Conditions.doc
D-13
October 2012
City of Fort Worth
RHWTP Filter Underdrain Cap Replacement Project
Prevailing Wage Rates
Construction Industry (Adopted 6/2010)
cL hkatk n
AC Mechanic
AC Mechanic Helper
Acoustical Ceiling Mechanic
Acoustical ceiling Helper
Abestos Worker
Bricklayer/Stone Masan
BricklayeriStane Mason Helper
Carpenter
Carpenter Helper
Concrete Finisher
Concrete Finisher Helper
Concrete For, Builder
Cancrete Form Builder Helper
Drywall Mechanic
Drywall Helper
Drywall Taper
Drywall Taper Helper
Electrician (Journeyman)
Electrician Helper
Electronic Technician
Electronic Technician Helper
Floor Layer (Carpet)
Flaar Layer (Resilient)
Flaar Layer Helper
Glazier
Glazier Helper
Insulator
Insulator Helper
Laborer Common
Laborer 5k5LLed
Lather
Avg_ Hrly
Rate
$25-92
$15.81
$15.56
$12.27
$o.ao
$18.54
$10.39
$17.08
$13.45
$13.97
$12.141
$14.031
$11.721
$16.10
$12.43
$15.00
$11.50
$21.77
$15.32
$20.00
$0_00
$0.00
$18.00
$10.00
$18.53
$13.49
$16.59
$11.21
$10.47
$13.24
$17.oa
Health/ Total
Welfare Pension Vacation Package
$1.01 $0.19 $0.83 $27.91
$0.00
50.57
$0.19
$0.00
50.24
50.00
$1.62
sa.7'S
$0.41
$0.43
$0.67
$0.54
$0.56
$0.33
$0.07
$0.07
$1.08
$1.09
$0.00
$0.00
50.00
$0.00
$ 0.00
51.92
$1.20
$0.29
$0.36
50.70
$0.98
$0.00
$0.00
$0.03
$0.00
$0.00
$0.00
$0.00
$0.17
$0.08
50.04
$0.04
50.03
$0.D3
$0.02
$0.00
$0.00
$0.00
$0.05
$0_D5
$0.013
$0.00
50.00
$0.00
$0.00
$0.33
$0.10
$0.12
$0.11
$0.06
$0.06
50.DD
$0.30 $16.7?
$0.12 516.2E
$0.00 $12_4E
$o.oa $0.0r
$0.00 $18.7E
$0.00 $10.35
$0.81 $11.65
$0.71 $14.95
$0.14 $14.55
$0.11 $12.73
$0.15 $14.8E
$0.10 $12.35
$0.30 $16.91
$0.28 $13.05
$0.00 $15.07
$0.00 $11.57
$0.38 $23.25
$0.27 $16.73
$0.00 $30.1X
$0.00 So:DC
$0.001 $0.0C
$0.00I $18.DC
$13_o0l $10.DC
$0.711 $21.54
$0.35 $15.13
0.08 $17.01
$0.13 $11.81
$0.08 $11.3C
$0.12 $14.41
$0.00 517.0C
Part D Special Conditions.doc
D-14
October 2012
City of Fort Worth
RI-IWTP Filter Underdrain Cap Replacement Project
Prevailing Wage Rates
Construction Industry (Adopted 612010)
Health/
Claa ificatian
Lather Helper
Metal Building Assembler
Metal Building Assembler Helper
Painter
Painter Helper
Pipefitter
Pipefitter Helper
Plasterer
Plasterer Helper
Plumber
Plumber aieLper
Reinforcing Steel Setter
Reinforcing Steel Setter Helper
Roofer
Roofer Helper
sheet Metal Worker
Sheet Metal Worker Helper
sprinkler system Installer
Sprinkler System Installer Helper
SteeL Worker Structural
Steel Worker Structural Helper
Concrete Pump
Crane, C1erit feel, Backhoe, Derrick, D'Line shovel
Forklift
Foundation Drill Operator
Front End Loader
Tuck Driver
Welder
Welder Helper
Avg_ Hrly
Rate Welfare end on vacation
Parka
$15.00 $0.00 $0.00 $0.00 $15.0C
$16.00 $1.56 $0.63 MOO $18.15
$12.00 $1.56 $0.63 $D.00 $14.15
$12.57 50.69 $0.02 $0.09 $13.37
$9.98 $0.61 $0.02 $0.09 .510.70•
511.14 $0.90 $0.13 $0.45 $22_55
$14.92 50.58 $0.11 $0.23 515.62
$17.24 50.05 $0.00 $0.00 $17.3C
512.65 50.05 $0.12 5D_43 512.90-
$20.33 $0.69 $0.12 $D.43 $21.5E
$14.95 $0.95 $0.11 $0.00 $16.42
$13.01 50.36 $0.07 50 23 $13.67
$11.19 50.25 $0.05 $0.16 $11.64
516.76 $1.25 50.23 $0.17 $111.43
$12.33 $1.25 $0.23 $0.17 513.92
$17.49 $0.97 $0.10 $D_51 $19.DE
$14.16 51.40 $0.17 $0.44 $16.15
519.17 $1.68 0.33 $0.33 $21.52
$14.15 $1.50 $0.00 $0.50 $16.07
$19.28 51.37 $0.55 0.12 $21.32
$13.74 51.37 50.39 50.09 $15.55
518.50 $0.00 $0.00 $0.00 $18.50•
$17.81 $1.30 50.12 51:1.24 519.45
$12.96 50.42 $0.04 $0.00 $13.5C
$22.50 $0.00 $0.00 $0.00 522.5C
513.21 $0.36 $0.06 $0.17 $13.75
$15.21 50.6.5 50.06 $0.19 516.11
517.81 50.92 0.12 50.30 519.15
$12.55 50.75 50.00 $0.33 $13.64
END OF SECTION
Part D Special Conditions.doc
D-15
October 2012
DIVISION 1
GENERAL REQUIREMENTS
City of Fort Worth
RHWTP Filter Underdrain Cap Replacement Project
SECTION 01005
ABBREVIATIONS
PART 1: GENERAL
1.01 SCOPE OF WORK
A. Whenever in these Contract Documents the following abbreviations are used, the intent and meaning
shall be interpreted as follows:
AA Aluminum Association
AAMA Architectural Aluminum Manufacturers' Association
AASHTO American Association of State Highway and Transportation Officials
ACI American Concrete Institute
AFBMA Anti -Friction Bearing Manufacturers' Association
AGA American Gas Association
AGMA American Gear Manufacturers' Association
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
AITC American Institute of Timber Construction
AMCA Air Moving and Conditioning Association
ANSI American National Standards Institute
APA American Plywood Association
API American Petroleum Institute
AREA American Railway Engineering Association
ASAE American Society of Agricultural Engineers
ASCE American Society of Civil Engineers
ASHRAE American Society of Heating, Refrigerating and Air -Conditioning Engineers, Inc.
ASME American Society of Mechanical Engineers
ASTM American Society of Testing and Materials
AWI Architectural Woodwork Institute
AWPA American Wood Preservers' Association
AWPB American Wood Preservers' Bureau
AWS American Welding Society
AWWA American Water Works Association
BHMA Builders' Hardware Manufacturers' Association
CBMA Certified Ballast Manufacturers' Association
CDA Copper Development Association
CGA Compressed Gas Association
CISPI Cast Iron Soil Pipe Institute
CMAA Crane Manufacturers' Association of America
CRSI Concrete Reinforcing Steel Institute
Fed. Spec. Federal Specifications
HI Hydraulic Institute
HMI Hoist Manufacturers' Institute
ICBO International Conference of Building Officials
IEEE Institute of Electrical and Electronics Engineers, Inc.
IPCEA Insulated Power Cable Engineer's Association
MMA Monorail Manufacturers' Association
F01005.doc
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October 2012
City of Fort Worth
RHWTP Filter Underdrain Cap Replacement Project
NACE National Association of Coatings Engineers
NBMA National Builders' Hardware Association
NEC National Electrical Code
NEMA National Electrical Manufacturers' Association
NESC National Electric Safety Code
NFPA National Fire Protection Association
NLMA National Lumber Manufacturers' Association
NWMA National Woodwork Manufacturers' Association
OECI Overhead Electrical Crane Institute
OSHA Occupational Safety and Health Act (both Federal & State)
PS Product Standards Sections - U.S. Department of Commerce
RMA Rubber Manufacturers' Association
SAE Society of Automotive Engineers
SSPC Steel Structures Painting Council
TCA Tile Council of America
TEMA Tubular Exchanger Manufacturers' Association
UBC Uniform Building Code
UL Underwriter's Laboratories, Inc.
WWPA Western Wood Products Association
END OF SECTION
F01005.doc
01005-2
October 2012
City of Fort Worth
RHWTP Filter Underdrain Cap Replacement Project
SECTION 01010
SUMMARY OF WORK
PART 1: GENERAL
1.01 SCOPE OF WORK
A. This Section describes the project in general and provides an overview of the extent of the work to be
performed. Detailed requirements and extent of work is stated in the applicable Specification Sections
and shown on the Drawings prepared by CDM Smith and ITT Leopold. The Contractor shall, except
as otherwise specifically stated herein or in any applicable parts of these Contract Documents, provide
and pay for all labor, materials, equipment, tools, construction equipment, and other facilities and
services necessary for proper execution, testing, and completion of the work.
B. Any part or item of the work which is reasonably implied or normally required to make each
installation satisfactorily and completely operable shall be performed by the Contractor and the
expense thereof shall be included in the applicable unit prices or lump sum prices bid for the various
items of work. It is the intent of these Specifications to provide the Owner with complete operable
systems, subsystems, and other items of work. All miscellaneous appurtenances and other items of
work that are incidental to meeting the intent of these Specifications shall be considered as having
been included in the applicable unit prices or lump sum prices bid for the various items of work even
though these appurtenances and items may not be specifically called for in the Specifications.
1.02 DESCRIPTION OF THE PROJECT
A. The work of this project is located at Fort Worth's Rolling Hills Water Treatment Plant, 2500
Southeast Loop 820 Fort Worth TX 76140, as shown on the Location Map on Sheet 1 of the
Drawings.
B. The Rolling Hills Water Treatment Plant (RHWTP) is 200-mgd conventional plant. The plant
consists of the original North Plant basins and filters (100-mgd capacity); South Plant basins and
filters (100-mgd capacity); raw water ozonation facilities (200-mgd capacity); common rapid mix
basin (200-mgd capacity); common chemical storage and feed facilities; common clearwells and high
service pump station; and common washwater recovery system facilities.
As part of the RHWTP Facilities Upgrade and 40-MGD Expansion, Phase 3 - Plant Process
Improvements Project, the existing twenty filters were retrofitted with new air/water underdrains with
porous plate media support caps, anthracite media, backwash troughs, piping, valves, meters and
instrumentation. These improvements were completed in two stages. The South Plant filters (Nos. 11
— 20) were completed in May 2004. The North Plant filters (Nos. 1 — 10) were completed in April
2005. The two Leopold drawings date 8/07/03 show the filters as retrofitted under this project.
Subsequent to the filter retrofits, three of the filter underdrain systems have failed. The three filters
were repaired under three separate contracts. During the last project, performed in 2011, the City
began replacement of the filter underdrain caps with gravel support. The cap removal and gravel
installation has been performed on five of the filters, Filters No. 2, No. 3, No. 4, No. 8, and No. 9.
C. This project will include removing and storing the existing filter media, removing the existing media
support caps from the underdrains of the remaining 15 filters (No. 1, Nos. 5 through 7, and Nos. 10
through 20), installing 12 inches of new media support gravel for each of these 15 filters, and re-
installing the existing filter media. If requested by Owner, additional anthracite media shall be
provided and installed in the individual filters to make up for losses.
1. Work related to rehabilitation of Filters No. 1, Nos. 5 through 7, and Nos. 10 through 20 shall
include, but not be limited to, the following items:
F01010.doc
01010-1
October 2012
City of Fort Worth
RHWTP Filter Underdrain Cap Replacement Project
a. Removing and storing the existing 48 inches of anthracite media from the individual filters
to be reinstalled upon installation of the new media support gravel. Media replacement
can be stored in the adjacent filters. These filters will be out of service during the work.
b. Detaching and removing the existing air hose tubes (34) from each of the filters.
c. Detaching, removing and disposing of the existing media support porous plate caps on the
existing filter underdrains.
d. Cleaning the existing underdrain blocks.
e. Readjusting the existing stainless steel hold down angles and anchor rods (I -Rods), and
reconnecting the existing PVC air drop lines. This includes cutting the caps around the air
hose connections on the flume blocks as directed by ITT Leopold.
f. Re -installing existing anthracite media back into the filter.
g. Cleaning the media. Backwashing and disinfection will be performed by the City.
h. Adding additional anthracite media as requested by the City.
1.03 CONTRACTS
A. The work of this project will be executed in one (1) contract as shown in the Proposal Fonn.
B. The work is generally described below under CONTRACTOR'S RESPONSIBILITIES. The
delineations noted there between the various sections of the Specifications and contracts are for a
general overview of the work. The work to be executed is not necessarily limited to those
descriptions. Accordingly, the Contractor shall thoroughly familiarize himself with all of the Contract
Documents in order to fully understand the extent of his work and be aware of any "cross references".
The Contractor fully understands, and shall fulfill, his duties and responsibilities regarding
coordination and cooperation with other contractors working on the project.
1.04 WORK SEQUENCE
A. The Contractor is required to determine his own method of construction and detailed work sequence,
within the general terms of the Contract, so long as the restraints are observed and the overall project
completion time is achieved.
B. The Contractor shall serve as an overall coordinator among all Subcontractors.
1.05 CONTRACTOR'S DUTIES
A. Designate required delivery date for each product in Construction Schedule.
B. The Contractor shall serve as an overall coordinator among all Subcontractors.
C. Handling of material and equipment at site, including uncrating, storage and security.
D. Protect equipment from damage.
E. Repair or replace items damaged as a result of the Contractor's operations.
F. Install, connect and finish products.
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RHWTP Filter Underdrain Cap Replacement Project
1.06 CONTRACTOR'S RESPONSIBILITIES
A. General Construction - Contractor.
1. Execute, or be responsible for respective subcontractors, all work, including site, structural,
process piping and equipment, instrumentation, and electrical work.
2. If required, arrange for the necessary temporary water service, including the securing of any
necessary permits. This service shall be metered separately to the Contractor as required by the
Owner.
3. Provide adequate temporary sanitary facilities.
4. Secure all necessary permits, and furnish, install, maintain, and remove all temporary electric
service facilities for construction purposes, and pay for all electrical energy consumed for
construction purposes for all the subcontractors, including the operation of ventilating
equipment, for heating of buildings, and also for testing and operating of all equipment after
permanent wiring has been installed, until final acceptance by the Owner or until the Engineer
certifies Substantial Completion. The Contractor shall be responsible for detennining the total
temporary electrical need and shall provide it accordingly. The temporary electrical service shall
meet NEC, OSHA and all other local safety codes.
5. Provide temporary heat; make all arrangements and pay all fuel costs, supervise and maintain all
heating units.
6. Construct and maintain temporary access roads as required. Any access ways constructed by
Contractor during construction shall be removed and area restored to original construction prior
to project completion.
7. Provide and maintain fire fighting equipment in working order during the entire construction
period.
8. The Contractor shall keep one set of "Record Drawings" and specifications available on the job
at all times. This set of documents shall be clearly marked as such and shall be used only for
recording changes, elevations, and other data pertinent to the construction operation for use in
preparing "As -Built" documents. All changes, etc., shall be clearly marked in red pencil. The
Record Drawings shall be available for inspection by the Engineer at all times and shall be
turned over to the Engineer upon written request.
1.07 COORDINATION WITH OWNER'S OPERATIONS AND EXISTING FACILITIES
A. The proposed work under this Contract will connect with or into existing facilities. Many of such
contact locations are particularly sensitive because of the attendant necessary down -time of existing
water treatment operations, or because of the possibility of contamination of potable water, or because
of the extraordinary inconvenience to the Owner's personnel and to the routine which is required in
the continuous operation. Because of this sensitivity, the Contractor shall plan carefully the schedule
of that portion of the work which will affect the existing facilities. Such plans and schedules shall be
subject to the approval of the Owner.
B. Work which requires shutdown or in any way impedes the operations of existing facilities shall be
closely coordinated with the Engineer. A minimum of 48 hours written notice shall be given to the
Engineer before such approval will be granted.
C. Immediately after the award of a contract for this project, the Contractor shall outline and submit a
scheduled plan for installation of the work which requires interruption of operations.
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1.08 CONTRACTOR'S USE OF PREMISES
A. Contractor shall limit the use of the premises for his Work and for storage to allow for:
1. Work by other contractors.
2. Owner occupancy.
3. Public use.
B. Coordinate use of premises with Owner.
C. Contractor shall assume full responsibility for security of all his and his subcontractors materials and
equipment stored on the site.
D. If directed by the Owner, move any stored items which interfere with operations of Owner or other
contractors.
E. Obtain and pay for use of additional storage or work areas if needed to perform the Work.
F. Contractor shall submit to the Owner for approval a plan of operations, designating proposed areas of
the property to be used for his operations, material storage, equipment storage, employee's parking,
offices and shops. The area shall effect minimal interference with the present operations.
G. Any damage to existing facilities, including contamination, which may be caused by Contractor's
personnel, callers, visitors, materials or equipment, shall be repaired or corrected at the sole expense of
the Contractor.
H. Any fence that is damaged or removed by the Contractor shall be replaced at the Contractor's expense
in like kind, and to the satisfaction of the Engineer.
1.09 OWNER OCCUPANCY
A. Owner will occupy premises during performance of the work for the conduct of his/her normal
operations. Coordinate all construction operations with Owner to minimize conflict and to facilitate
Owner usage.
PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
END OF SECTION
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City of Fort Worth
RHWTP Filter Underdrain Cap Replacement Project
SECTION 01025
MEASUREMENT AND PAYMENT
PART 1: GENERAL
1.01 GENERAL
A. The Total Amount Bid in the Bid Form shall cover all Work required by the Contract Documents.
The bid shall include all costs in connection with the proper and successful completion of the Work,
including but not limited to: furnishing all materials, equipment, supplies, and appurtenances;
providing all construction equipment and tools; and performing all necessary labor and supervision to
fully complete the Work. All Work not specifically set forth as to the pay item or items in the Bid
Form shall be considered subsidiary obligations of Contractor and all costs in connection therewith
shall be included in the prices bid.
1.02 BID FORM
A. The Bid Form is a part of these Contract Documents and lists each item of work for which payment
will be made. No payment will be made for items other than those listed in the Bid Form.
B. Required items of work and incidentals necessary for the satisfactory completion of the Project which
are not specifically listed in the Bid Form, and which are not specified in this Section to be measured
or to be included in one of the items listed in the Bid Form shall be considered as incidental to the
work required under this contract, and all costs thereof, including Contractor's overhead costs and
profit, shall be considered as included in the prices bid for the various Bid Items. The Contractor shall
prepare his bid accordingly.
C. Work includes furnishing all plant, labor, equipment, tools and materials, and performing all
operations required to complete the work satisfactorily, in place, as specified and as indicated on the
Drawings.
1.03 MEASUREMENT AND PAYMENT
A. Measurement of an item of work will be by the unit indicated in the Bid Form.
B. Measurement will include all necessary and incidental related work not specified to be included in any
other item of work listed in the Bid Form.
C. Unless otherwise stated in individual sections of the specifications or in the Bid Form no separate
payment will be made for any item of work, materials, parts, equipment, supplies, or related items
required to perform and complete the requirements of any section. The costs for all such items
required shall be included in the Contract price bid for item of which it is a part.
D. Payment will be made at the Contract price per unit indicated in the Bid Form with total price of the
Contract being equal to the Total Bid, as specified and as modified, by extending unit prices
multiplied by quantities, as appropriate to reflect actual work included in the Project. Such price and
payment shall constitute full compensation to the Contractor for furnishing all plant, labor, equipment,
tools, and materials, and for performing all operations required to furnish to the Owner the entire
Project, complete in place, as specified and as indicated on the Drawings.
E. Measurement for payment does not signify acceptance of Work.
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RHWTP Filter Underdrain Cap Replacement Project
1.04 BED ITEMS
A. INDIVIDUAL FIL 1ER UNDERDRAIN SYS 1'EM REHABILIATION WORK (Item 1)
1. Work under this item includes furnishing all labor, materials, equipment and incidentals, except
the work required in Bid Items 2 and 3, for completing the rehabilitation work for fifteen existing
filters (Filters No. 1, Nos. 5 through 7, and Nos. 10 through 20) in its entirety as shown on the
Drawings and/or as specified. Media support gravel will be provided under Bid Item 2.
Mobilization, demobilization and other associated project costs will be provided under Bid Item 3.
2. Measurement and payment will be based upon the actual number of filters completed.
B. FURNISHING SUPPORT GRAVEL (Item 2)
. Measurement and payment of the support gravel is for full compensation for furnishing the gravel
for the fifteen filters. All costs for installation and testing of the gravel, which are not specified to
be the responsibility of the media supplier, and costs associated with coordination with the gravel
supplier shall be included appropriately as part of Bid Items 1.
C. FURNISHING ANTHRACITE FIL 1ER MEDIA (Item 3)
1. Work under this item includes furnishing the anthracite filter media and installing in any or all of
the existing twenty filters as directed by the Owner. Owner will determine the amount of media to
be ordered for the project within two months from the project notice to proceed.
2. Measurement and payment will be based upon the actual quantity of media purchased and
installed.
D. MOBILIZATION/DEMOBILIZATION (Item 4)
1. Work under this item includes establishment of and maintaining facilities on the project site;
movement of personnel, construction equipment and supplies to the project site; providing all
bonds and insurance for the project; final project cleanup; demobilization of facilities and
equipment; and other incidental costs related to construction of the project not included in the
other Bid Items.
2. Measurement and payment will be based upon a lump sum basis. See Part D concerning payment
of Mobilization and Demobilization.
PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
END OF SECTION
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City of Fort Worth
RHWTP Filter Underdrain Cap Replacement Project
SECTION 01040
CONSTRUCTION SEQUENCE
PART 1: GENERAL
1.01 SCOPE OF WORK
A. The intent of construction phasing as specified herein and as shown on the Drawings is to facilitate
construction so that the Rolling Hills Water Treatment Plant can maintain the maximum production
capacity possible during construction. All tasks of the construction schedule, whether described
herein or not, are the responsibility of the Contractor.
B. The work specified herein, which may interrupt normal plant operations after startup, shall be
accomplished at times that are convenient to the Owner. The Contractor shall plan to work overtime if
needed to complete construction of the project and shall make no claims for extra compensation for
overtime work required to conform to these requirements. The Contractor shall coordinate with the
Engineer and Owner's personnel at least two weeks prior to performing any work associated with
tying into existing facilities and piping or for any shutdown of the Plant or portions of the Plant once it
has become operational.
C. All plant operations shall be performed by City of Fort Worth plant personnel, coordinated between
the Owner and Contractor.
D. Contractor will be allowed to have only four (4) of the filters out of service at any time during
construction. Contractor shall coordinate the filter down time with Owner. Contractor will be allowed
to use other filters to store media from the filter being retrofitted, but these filters shall be considered
as one of the four filters allowed to be out of service. Only one third of the filter's media volume shall
be stored in one adjacent filter.
1.02 RELATED WORK DESCRIBED ELSEWHERE
A. Project Summary is included in Section 01010.
B. Construction Scheduling is included in the General Conditions (Paragraph 6.04) and in Section 01315.
1.03 SUBMITTALS
A. The Contractor shall submit to the Engineer for approval a detailed Construction Schedule complying
with requirements of Section 01315.
B. For all work that will require a temporary shutdown of plant operations or an entire plant shutdown,
the Contractor shall submit a proposed work plan indicating the manpower, tools, equipment, and
construction procedures to be used at least seven days prior to the requested shutdown period.
PART 2: PRODUCTS (NOT USED)
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City of Fort Worth
RIHWTP Filter Underdrain Cap Replacement Project
PART 3: EXECUTION
3.01 SCHEDULE CONSIDERATIONS
A. Substantial Completion of the project is defined as completion of all filter repair and rehabilitation
work as specified and shown on the Drawings, so that all fifteen of the filters being modified are
completed and operational. Substantial completion shall be met within 150 days from the Notice to
Proceed.
B. Final Completion of the project shall be met within 180 calendar days from the Notice to Proceed. The
time period between Substantial Completion and Final Completion shall be scheduled for completion
of ancillary items that have no impact on filter operation, such as cleanup, punch -list items and
closeout activities.
D. The Contractor shall be responsible for developing his own schedule to meet the completion
requirements of the contract.
3.02 LIQUIDATED DAMAGES
A. The Contractor understands and agrees that the time of completion is an essential consideration of
development of his proposal and that failure to complete the work under this Contract within the
allotted time as specified or subsequently adjusted by Change Orders will result in damages to be
sustained by the Owner by its inability to treat and deliver potable water to its customers in the Rolling
Hills Water Treatment Plant service area. The Contractor and Owner further agree in applying
Liquidated Damages, that such damages cannot be precisely measured or that the ascertainment of
actual damages would be unduly difficult after the fact. Therefore, the Contractor and the Owner
agree in applying Liquidated Damages that for each and every Calendar Dav the work or any portion
thereof, remains uncompleted after the specified times or adjusted times if modified by Change Order,
the Contractor shall pay as agreed Liquidated Damages, the amounts specified in Paragraph D-15 of
the Special Conditions (Part D).
END OF SECTION
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RHWTP Filter Underdrain Cap Replacement Project
SECTION 01170
SPECIAL PROVISIONS
PART 1: GENERAL
1.01 GENERAL OBLIGATIONS OF THE CONTRACTOR
A. General obligations of the Contractor shall be as set forth in the Contract Documents. Unless special
payment is specifically provided in the payment paragraphs of the specifications, all incidental work
and expense in connection with the completion of work under the contract will be considered a
subsidiary obligation of the Contractor, and all such costs shall be included in the appropriate items in
the Bid Form in connection with which the costs are incurred.
1.02 SITE INVESTIGATION
A. The Contractor shall satisfy himself as to the conditions existing within the project area, the type of
equipment required to perform the work, the character, quality and quantity of the subsurface
materials to be encountered insofar as this information is reasonably ascertainable from an inspection
of the site, as well as from information presented by the Drawings and Specifications. Any failure of
the Contractor to acquaint himself with the available information will not relieve him from the
responsibility for estimating properly the difficulty or cost of successfully performing the work. The
Owner assumes no responsibility for any conclusions or interpretation made by the Contractor on the
basis of the information made available by the Owner.
1.03 COORDINATION WITH CITY AGENCIES
A. The Contractor shall supply the Fort Worth Police Department, Fire Department, and Water
Department with the following information:
1. A list of streets and intersections where work will be in progress to be supplied at intervals as
required by the Engineer.
2. Areas where approved detours are in effect.
3. Immediate notification of any gas, water, or sewer main breaks.
B. The Contractor will be required to reimburse the City for the actual cost of the services of Water
Department Personnel required by him during other than regular working hours.
1.04 SERVICES OF MANUFACTURERS' REPRESENTATIVE AND OPERATION MANUALS
A. Bid prices for equipment shall include the cost of a competent representative of the manufacturers of
all equipment to supervise the installation, adjustment, and testing of the equipment and to instruct the
Owner's operating personnel in operation and maintenance.
B. See the detailed Specifications for additional requirements for furnishing the services of
manufacturer's representatives.
C. A certificate from the manufacturer stating that the installation of the equipment is satisfactory, that
the unit has been satisfactorily tested, is ready for operation, that the operating personnel have been
suitably instructed in the operation, lubrication, and care of the unit shall be submitted.
D. The existing Operation and Maintenance manual shall be updated for any modifications performed as
part of this project.
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1.05 SHIPMENT AND DELIVERY OF EQUIPMENT
A. Equipment shall not be shipped until approved by the Engineer. The intent of this requirement is to
reduce site storage time prior to installation and/or operation. Under no circumstances shall
equipment be delivered to the site more than one month prior to anticipated installation without
written authorization from the Engineer.
B. During shipment and delivery, the following procedures shall apply:
1. All parts shall be properly protected so that no damage or deterioration will occur during a
prolonged delay between time of shipment and installation, including any prolonged period at
the site.
2. Factory assembled parts and components shall not be disassembled for shipment unless
permission is received in writing from the Engineer.
3. Finished surfaces of all exposed parts shall be properly protected against adverse conditions that
may prevail from time of shipment until ready for operation.
4. All finished surfaces of all exposed flanges shall be protected by wooden blank flanges, stoutly
built, and securely bolted.
5. Finished iron and steel surfaces not painted shall be protected against rust and corrosion.
6. After hydrostatic or other tests, all entrapped water shall be drained, and care taken to prevent
the entrance of water during shipment, storage, and handling.
7. Each box or package shall be legibly marked to show its net weight and contents.
8. Demurrage, or other charges resulting from failure to furnish these items shall be absorbed by the
Contractor.
9. The Contractor shall make suitable provision for the handling and delivery of all equipment and
material at the site.
1.06 STORAGE AND HANDLING OF EQUIPMENT ON SITE
A. Special attention shall be given to the storage and handling of equipment on site. As a minimum, the
procedure outlined below shall be followed:
1. All equipment having moving parts such as gears, electric motors, etc., and/or instruments shall
be stored in a temperature and humidity controlled building approved by the Engineer, until such
time as the equipment is to be installed.
2. All equipment shall be stored fully lubricated with oil, grease, etc., unless otherwise instructed
by the manufacturer.
3. Manufacturer's storage instructions shall be carefully studied by the Contractor and reviewed
with the Engineer by him. These instructions shall be carefully followed and a written record of
this kept by the Contractor.
4. Moving parts shall be rotated a minimum of once weekly to ensure proper lubrication and to
avoid metal -to -metal "welding". Upon installation of the equipment, the Contractor shall start
the equipment, at least half load, once weekly for an adequate period of time to ensure that the
equipment does not deteriorate from lack of use.
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5. Lubricants shall be changed upon completion of installation and as frequently as required
thereafter during the period between installation and acceptance. New lubricants shall be put
into the equipment at the time of substantial completion.
6. Prior to acceptance of the equipment, the Contractor shall have the manufacturer inspect the
equipment to certify that its condition has not been detrimentally affected by the long storage
period. Such certification by the manufacturer shall be deemed to mean that the equipment is
judged by the manufacturer to be in a condition equal to that of equipment that has been shipped,
installed, tested and accepted in a minimum time period. As such, the manufacturer will
guaranty the equipment equally in both instances. If such a certification is not given, the
equipment will be judged to be defective. It shall be removed and replaced at the Contractor's
expense.
1.07 OPERATION OF EXISTING PLANT
A. The existing water treatment plant shall remain in service during construction activities. The plant
shall not be shut down during the construction period except for the times specified. The Contractor
shall provide proper coordination of all activities to ensure that the existing plant remains in service
throughout the construction period. The Contractor shall also provide the Owner's personnel
reasonable access throughout the existing plant for operation and maintenance.
1.08 WEATHER PROTECTION
A. In the event of inclement weather, the Contractor shall protect the Work and materials from damage or
injury from the weather. If, in the opinion of the Engineer, any portion of the Work or materials has
been damaged by reason of failure on the part of the Contractor to so protect the Work, such Work and
materials shall be removed and replaced with new materials and Work to the satisfaction of the
Engineer.
PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
END OF SECTION
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City of Fort Worth
RHWTP Filter Underdrain Cap Replacement Project
SECTION 01200
PROJECT MEETINGS
PART 1: GENERAL
1.01 GENERAL
A. The Engineer will schedule and administer a pre -construction meeting, periodic progress meetings,
and coordination meetings throughout the progress of the Work. Engineer will:
1. Prepare an agenda for meetings.
2. Make physical arrangements for meetings.
3. Preside at meetings.
4. Record the minutes, including significant proceedings and decisions.
5. Reproduce and distribute copies of minutes within five working days after each meeting.
a. To participants in the meeting.
b. To parties affected by decisions made at the meeting.
B. Representatives of contractors, subcontractors, and suppliers attending meetings shall be qualified
and authorized to act on behalf of the entity each represents.
C. The Contractor shall attend meetings to ascertain that work is expedited consistent with Contract
Documents and construction schedules.
1.02 PRE -CONSTRUCTION MEETING
A. A pre -construction conference will be scheduled by the Owner no later than 7 days after the date of
the Notice to Proceed.
B. Location: Rolling Hills WTP
C. Attendance:
1. Owner's representatives
2. Engineer's representatives
3. Contractor's representatives
4. Major subcontractors
5. Major suppliers
6. Others as appropriate
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D. Suggested Agenda:
1. Distribution and discussion of construction schedule
2. Critical work sequencing.
3. Major equipment deliveries and priorities.
4. Project Coordination.
a. Designation of responsible personnel.
5. Procedures and processing of:
a. Correspondence
b. Field Decisions
c. Proposal Requests
d. Submittals
e. Change Orders
f. Applications for Payment
6. Distribution of Contract Documents.
7. Procedures for maintaining Record Documents.
8. Construction facilities, controls, and construction aids.
9. Temporary utilities.
1.03 PROGRESS MEETINGS
A. Conduct regular Progress meetings. The progress meetings will be held at least every 30 days with
the first meeting 30 days after the pre -construction meeting or 30 days after the date of the Notice to
Proceed.
B. Hold special meetings as required by the progress of the Work.
C. Location of the meetings to be at the Rolling Hills WTP.
D. Attendance:
1. Owner's representatives
2. Engineer's representatives as appropriate to the agenda
3. Contractor's representatives
4. Subcontractors as appropriate to the agenda
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RHWTP Filter Underdrain Cap Replacement Project
5. Suppliers as appropriate to the agenda
6. Others as appropriate
E. Suggested Agenda:
1. Review, approval of minutes of previous meeting.
2. Review of work progress since previous meeting.
3. Field observations, problems, conflicts.
4. Problems which impede the Construction Schedule.
5. Review of off -site fabrication, delivery schedules.
6. Corrective measures and procedures to regain projected schedule.
7. Revisions to Construction Schedule.
8. Progress schedule during succeeding work period.
9. Coordination of schedules.
10. Review submittal schedules; expedite as required.
11. Status of submittals.
12. Maintenance of quality standards.
13. Pending changes and substitutions.
14. Review proposed changes for effect on Construction Schedule and on completion date.
15. Other business.
F. The Contractor shall attend progress meetings and shall study previous meeting minutes and current
agenda items, in order to be prepared to discuss pertinent topics such as deliveries of material and
equipment, progress of the Work, etc.
G. The Contractor is to provide a current submittal log at each progress meeting.
1.04 COORDINATION MEETINGS
A. Regular coordination meetings shall be scheduled with the first meeting held after the pre -
construction conference, but prior to the Contractor initiating his mobilization to the project site.
B. The location of the meetings shall be at the Rolling Hills WTP.
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C. Attendance:
1. Owner's Representatives
2. Engineer's representative
3. Contractor's Representative
D. Suggested Agenda:
1. Short term schedule status (2 week preview).
2. Coordination requirements.
3. Delivery Schedules
4. Field observations, problems, conflicts.
5. Status of pending issues.
6. Inspection issues.
E. The Contractor shall attend the meetings and shall be fully prepared to discuss pertinent topics. The
Contractor shall have studied the meeting agenda items and the previous meeting minutes prior to
the scheduled meeting.
PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
END OF SECTION
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City of Fort Worth
RHWTP Filter Underdrain Cap Replacement Project
SECTION 01300
SUBMITTALS
PART 1: GENERAL
1.01 DESCRIPTION OF REQUIREMENTS
A. This Section specifies the general methods and requirements of submissions applicable to the
following work -related submittals: Shop Drawings, Product Data, Samples, Mock Ups, Construction
Photographs, and Construction or Submittal Schedules. Detailed submittal requirements will be
specified in the technical specifications sections.
B. All submittals shall be clearly identified by reference to Specification Section, Paragraph, Drawing
No. or Detail as applicable. Submittals shall be clear and legible and of sufficient size for sufficient
presentation of data.
1.02 SHOP DRAWINGS, PRODUCT DATA, SAMPLES
A. Shop Drawings
1. Shop drawings, as specified in individual work Sections include, but are not necessarily limited
to, custom -prepared data such as fabrication and erection/installation (working) drawings,
scheduled information, setting diagrams, actual shopwork manufacturing instructions, custom
templates, special wiring diagrams, coordination drawings, individual system or equipment
inspection and test reports including performance curves and certifications, as applicable to the
Work.
2. All shop drawings submitted by subcontractors for approval shall be sent directly to the
Contractor for checking. The Contractor shall be responsible for their submission at the proper
time so as to prevent delays in delivery of materials.
3. The Contractor shall check all subcontractor's shop drawings regarding measurements, size of
members, materials, and details to satisfy himself that they conform to the intent of the Drawings
and Specifications. Shop drawings found to be inaccurate or otherwise in error shall be returned
to the subcontractors for correction before submission thereof.
4. All details on shop drawings submitted for approval shall show clearly the relation of the various
parts to the main members and lines of the structure, and where correct fabrication of the work
depends upon field measurements, such measurements shall be made and noted on the drawings
before being submitted for approval.
1.03 CONTRACTOR'S RESPONSIBILITIES
A. The Contractor shall review shop drawings, product data and samples, including those by
subcontractors, prior to submission to determine and verify the following:
1. Field measurements
2. Field construction criteria
3. Catalog numbers and similar data
4. Conformance with the Specifications
B. Each shop drawing, sample and product data submitted by the Contractor shall have affixed to it the
following Certification Statement including the Contractor's Company name and signed by the person
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RHWTP Filter Underdrain Cap Replacement Project
who actually reviewed the submittal. "Certification Statement: By this submittal, I hereby
represent that I have determined and verified field measurements, field construction criteria,
materials, dimensions, catalog numbers and similar data and I have checked and coordinated
each item with other applicable approved shop drawings." Shop drawings larger than 8 1/2" x
11" shall be folded to 8 1/2" x 11". Shop drawings and product data sheets shall be bound together in
an orderly fashion and bear the above Certification Statement on the cover sheet. The cover sheet
shall fully describe the packaged data and include a listing of all items within the package. Provide to
the Construction Manager a copy of each submittal transmittal sheet for shop drawings, product data
and samples at the time of submittal of said drawings, product data and samples to the Engineer.
C. The Contractor shall utilize an 8-character submittal cross-reference identification numbering system,
preceded with a prefix designating the type of submittal. The numbering system shall be as follows:
1. The prefix shall be two or three characters designating the type of submittal (e.g. shop drawing,
request for information, field order, etc.) These prefixes will be provided by the Construction
Manager.
2. The first five digits shall be the applicable Specification Section Number.
3. The next two digits shall be the numbers 01-99 to sequentially number each initial separate item
or drawing submitted under each specific Section number.
4. The last character shall be 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:
SD 03300-08-B
SD = Shop Drawing
03300 = Specification Section for Concrete
08 = The eighth initial submittal under this specification section
B = The third submission (second resubmission) of that particular shop drawing
D. Notify the Engineer in writing, at the time of submittal, of any deviations in the submittals from the
requirements of the Contract Documents.
E. The review and approval of shop drawings, samples or product data by the Engineer shall not relieve
the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract.
All risks of error and omission are assumed by the Contractor and the Engineer will have no
responsibility therefore.
F. No portion of the work requiring a shop drawing, sample, or product data shall be started nor shall any
materials be fabricated or installed prior to the approval or qualified approval of such item.
Fabrication performed, materials purchased or on -site construction accomplished which does not
conform to approved shop drawings and data shall be at the Contractor's risk. The Owner will not be
liable for any expense or delay due to corrections or remedies required to accomplish conformity.
G. Project work, materials, fabrication, and installation shall conform with approved shop drawings,
applicable samples, and product data.
1.04 SUBMISSION REQUIREMENTS
A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no
delay in the Work or in the work of any other contractor.
B. Each submittal, appropriately coded, will be returned within 14 calendar days following receipt of
submittal by the Engineer.
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C. The Contractor shall submit shop drawings in hard copy. All submittals shall be made with the
selected method, and the Contractor shall inform the Construction Manager by letter one week after
award of the Contract, which method has been selected. Submittals made by any method other than
that selected by the Contractor will be returned without review.
D. Number of hard -copy submittals required:
1. Shop Drawings as defined in Paragraph 1.02 A: Eight copies. If Contractor requires more than
three copies of Shop Drawings returned, Contractor shall submit more than the number of copies
listed above.
2. Monthly project schedule updates: Ten copies.
3. All other submittals: Eight copies.
E. Submittals shall contain:
1. The date of submission and the dates of any previous submissions.
2. The Project title and number.
3. Contractor identification.
4. The names of:
a. Contractor
b. Supplier
c. Manufacturer
5. Identification of the product, with the specification section number, page and paragraph(s).
6. Field dimensions, clearly identified as such.
7. Relation to adjacent or critical features of the Work or materials.
8. Applicable standards, such as ASTM or Federal Specification numbers.
9. Identification by highlighting of deviations from Contract Documents.
10. Identification by highlighting of revisions on resubmittals.
11. An 8-in X 3-in blank space for Contractor and Engineer stamps.
1.05 REVIEW OF SHOP DRAWINGS, PRODUCT DATA, WORKING DRAWINGS AND SAMPLES
A. The review of shop drawings, data, and samples will be for general conformance with the design
concept and Contract Documents. They shall not be construed as:
1. Permitting any departure from the Contract requirements;
2. Relieving the Contractor of responsibility for any errors, including details, dimensions, and
materials; and/or
3. Approving departures from details furnished by the Engineer, except as otherwise provided
herein.
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B. The Contractor remains responsible for details and accuracy, for coordinating the work with all other
associated work and trades, for selecting fabrication processes, for techniques of assembly, and for
performing work in a safe manner.
C. If the shop drawings, data or samples as submitted describe variations and show a departure from the
Contract requirements which Engineer finds to be in the interest of the Owner and to be so minor as
not to involve a change in Contract Price or time for performance, the Engineer may return the
reviewed drawings without noting an exception.
D. Submittals will be returned to the Contractor under one of the following codes.
Code 1 -
"APPROVED" is assigned when there are no notations or comments on the submittal.
When returned under this code the Contractor may release the equipment and/or
material for manufacture.
Code 2 - "APPROVED AS NOTED". This code is assigned when a confirmation of the
notations and comments IS NOT required by the Contractor. The Contractor may
release the equipment or material for manufacture; however, all notations and
comments must be incorporated into the final product.
Code 3 - "APPROVED AS NOTED/CONFIRM". This combination of codes is assigned when
a confirmation of the notations and comments IS required by the Contractor. The
Contractor may release the equipment or material for manufacture; however, all
notations and comments must be incorporated into the final product. This confirmation
shall specifically address each omission and nonconforming item that was noted.
Confirmation is to be received by the Engineer within 15 calendar days of the date of
the Engineer's transmittal requiring the confirmation.
Code 4 - "APPROVED AS NOTED/RESUBMIT". This combination of codes is assigned
when notations and comments are extensive enough to require a resubmittal of the
package. The Contractor may release the equipment or material for manufacture;
however, all notations and comments must be incorporated into the final product. This
resubmittal is to address all comments, omissions and non -conforming items that were
noted. Resubmittal is to be received by the Engineer within 15 calendar days of the
date of the Engineer's transmittal requiring the resubmittal.
Code 5 - "NOT APPROVED" is assigned when the submittal does not meet the intent of the
Contract Documents. The Contractor must resubmit the entire package revised to bring
the submittal into conformance. It may be necessary to resubmit using a different
manufacturer/vendor to meet the Contract Documents.
Code 6 - "COMMENTS ATTACHED" is assigned where there are comments attached to the
returned submittal which provide additional data to aid the Contractor.
Codes 1 through 5 designate the status of the reviewed submittal with Code 6 showing there has been
an attachment of additional data.
E. Resubmittals will be handled in the same manner as first submittals. On resubmittals the Contractor
shall direct specific attention, in writing on the letter of transmittal and on resubmitted shop drawings
by use of revision triangles or other similar methods, to revisions other than the corrections requested
by the Engineer, on previous submissions. Any such revisions which are not clearly identified shall be
made at the risk of the Contractor. The Contractor shall make corrections to any work done because
of this type revision that is not in accordance to the Contract Documents as may be required by the
Engineer.
F. Partial submittals may not be reviewed. The Engineer will be the only judge as to the completeness of
a submittal. Submittals deemed by the Engineer to be not complete will be returned to the Contractor,
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and will be considered "Not Approved" until resubmitted. The Engineer may at his/her option provide
a list or mark the submittal directing the Contractor to the areas that are incomplete.
G. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the
Contract Documents, the Contractor shall give written notice thereof to the Engineer at least seven
working days prior to release for manufacture.
H. When the shop drawings have been completed to the satisfaction of the Engineer, the Contractor shall
carry out the construction in accordance therewith and shall make no further changes therein except
upon written instructions from the Engineer.
1.06 DISTRIBUTION
A. 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 Engineer. Number of copies shall
be as directed by the Engineer but shall not exceed the number specified in Paragraph 1.04C.
1.07 PROFESSIONAL ENGINEER (P.E.) CERTIFICATION FORM
A. If specifically required in other Sections of these Specifications, the Contractor shall submit a P.E.
Certification for each item required, in the form attached to this Section, completely filled in and
stamped.
1.08 GENERAL PROCEDURES FOR SUBMITTALS
A. Coordination of Submittal Times: Prepare 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, so that the installation will not be delayed by processing times
including disapproval and resubmittal (if required), coordination with other submittals, testing,
purchasing, fabrication, delivery and similar sequenced activities. No extension of time will be
authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the
Work.
1.09 REPETITIVE REVIEW
A. Submittals for each item will be reviewed no more than twice at the Owner's expense. All subsequent
reviews will be performed at times convenient to the Engineer and at the Contractor's expense, based
on the Engineer's then prevailing rates. The Contractor shall reimburse the Owner within 30 Calendar
Days for all such fees invoiced to the Owner by the Engineer.
B. The need for more than one resubmission or any other delay in obtaining Engineer's review of
submittals, will not entitle the Contractor to an extension of Contract Time.
1.10 OPERATION AND MAINTENANCE DATA AND MANUALS.
A. Adequate operation and maintenance information shall be supplied for all equipment requiring
maintenance or other attention. The equipment Supplier shall prepare a project specific operation and
maintenance manual for each type of equipment indicated in the individual equipment sections or the
equipment schedule.
B. Parts lists and operating and maintenance instructions shall be furnished for other equipment not listed
in the individual equipment sections or the equipment schedule.
C. Operation and maintenance manuals shall include the following:
1. Equipment function, normal operating characteristics, and limiting conditions.
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2. Assembly, installation, alignment, adjustment, and checking instructions.
3. Operating instructions for startup, routine and normal operation, regulation and control,
shutdown, and emergency conditions.
4. Lubrication and maintenance instructions.
5. Guide to troubleshooting.
6. Parts lists and predicted life of parts subject to wear.
7. Outline, cross section, and assembly drawings; engineering data; and wiring diagrams.
8. Test data and performance curves, where applicable.
D. The operation and maintenance manuals shall be in addition to any instructions or parts lists packed
with or attached to the equipment when delivered, or which may be required by Contractor.
E. Three hard copies of each manual shall be submitted to prior to the date of shipment of the equipment.
When the O&M manuals are returned with the review status "APPROVED AS NOTED/RESUBMIT"
or "NOT APPROVED", the corrections shall be made as instructed by the Engineer, and two copies of
the corrected portion(s) and one complete corrected copy of the O&M manual returned to the
Engineer. After review by Engineer is complete, one hard copy and one electronic copy of each
operation and maintenance manual shall be prepared and delivered to Engineer not later than 30 days
prior to placing the equipment in operation. The electronic copy shall be submitted through the project
website, and will be reviewed for content and organization and assigned a review status by the
Engineer. When corrections are required, a corrected version of the electronic copy shall be
resubmitted. Procedures for submission of the electronic copy will be provided after award of the
Contract. When review of the electronic copy by the Engineer is complete, three copies of each
electronic O&M manual shall be delivered on CD-ROM to the Construction Manager. Each CD shall
contain only one copy of one manual.
F. All material shall be marked with project identification, and inapplicable information shall be marked
out or deleted.
G. Shipment of equipment will not be considered complete until all required manuals and data have been
received.
H. Hard Copy Operation and Maintenance Manuals. Hard copies submitted for review shall be
temporarily bound in heavy paper covers bearing suitable identification. All manuals and other data
shall be printed on heavy, first quality 8-1/2 x 11 inch paper, with standard three -hole punching.
Drawings and diagrams shall be reduced to 8-1/2 x 11 inches or 11 x 17 inches. Where reduction is
not practicable, larger drawings shall be folded separately and placed in envelopes, which are bound
into the manuals. Each envelope shall be suitably identified on the outside. Each volume containing
data for three or more items of equipment shall include a table of contents and index tabs. The fmal
hard copy of each manual shall be prepared and delivered in substantial, permanent, three-ring or
three -post binders with a table of contents and suitable index tabs.
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I. Labeling. As a minimum, the following information shall be included on all final O&M manual
materials:
Equipment name and/or O&M title spelled out in complete words.
Project Name.
City Project/Contract Number.
Specification Section Number. Example: "Section 15500"
Manufacturer's name.
File Name and Date.
PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
END OF SECTION
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RHWTP Filter Underdrain Cap Replacement Project
P.E. CERTIFICATION FORM
The undersigned hereby certifies that he/she is a Professional Engineer registered in the State of
and that he/she has been employed by
(Name of Contractor)
to design
(Insert P.E. Responsibilities)
in accordance with Specification Section for the
(Name of Project)
The undersigned further certifies that he/she has performed the design of the
(Name of Project)
that said design is in conformance with
all applicable local, State and Federal codes, rules and regulations, and that his/her signature and P.E. stamp
have been affixed to all calculations and drawings used in, and resulting from, the design.
The undersigned hereby agrees to make all original design drawings and calculations available to the
City of Fort Worth or Owner's representative within seven days
following written request therefore by the Owner.
P.E. Name Contractor's Name
Signature Signature
Address Title
Place P.E. Stamp Here
With Date and Signature
Address
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RHWTP Filter Underdrain Cap Replacement Project
SECTION 01315
CONSTRUCTION SCHEDULING
PART 1: GENERAL
1.01 GENERAL OVERVIEW
A. Contractor shall prepare and maintain a detailed progress schedule as described in this section.
This schedule shall be Contractor's working schedule and shall be used to plan, organize and
execute the work, record and report actual performance and progress, and show how Contractor
plans to complete all remaining work as of the end of each progress report period. The schedule
shall be a Critical Path Method (CPM) type construction schedule. The CPM schedule shall
consist of A CPM network (diagram of activities) and a computer -generated schedule (print-out).
The format shall be activity -on -node precedence network.
B. The Detailed Project Schedule shall provide sufficient detail and clarity of form and technique so
that Contractor can plan, schedule, monitor, control and report on the progress of his work. In
addition, it shall provide Owner with a tool to monitor and follow the progress for all phases of
the work.
C. Contractor shall solicit input from and involve major sub -contractors in preparation of the
preliminary and baseline schedules. Contractor shall further involve his major sub -contractors in
preparation of updates and revisions to the approved baseline schedule.
1.02 INITIAL TIMETABLE
A. Contractor shall promptly prepare a Preliminary Guideline Schedule covering the first sixty (60)
days of the project in detail and shall submit the same for approval by Owner within ten (10)
calendar days after the Notice of Award. The remaining time frame of the contract activities shall
be shown as summary bars within the project milestones as required by Contract. No payment
application requests will be processed until the Preliminary Guideline Schedule has been
submitted. Owner or Construction Manager will approve or disapprove, in writing, Contractor's
submittal of the Preliminary Guideline Schedule within 10 calendar days after receipt of the
submittal. In case of disapproval, Contractor shall make the necessary changes and resubmit the
Preliminary Guideline Schedule within 10 calendar days from the date of such disapproval.
B. The Preliminary Guideline CPM Schedule shall:
1. Illustrate a feasible CPM schedule for completion of the work under this Contract within
the time and milestones specified.
2. Provide an elementary example of a CPM schedule in the format to be used for the detailed
CPM schedule specified. The Preliminary Guideline CPM Schedule is not as detailed as the
CPM schedule required under this Contract and resource and cost loading of the schedule is
not required at this time.
3. Include the activity code structure as discussed in 3.2 of this section. Consult with
Construction Manager before implementing a structure for the Preliminary Guideline
Schedule.
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C. The Preliminary Guideline CPM Schedule is not to be considered binding except for the time
required for contract completion and the mandatory milestones.
D. Contractor shall develop his own outline of the Work and prepare his proposed CPM schedule.
The computer -based schedule shall be the product the software described in PART 2 of this
specification section and shall meet all of the requirements defined herein.
E. Preliminary Guideline Schedule Submittal Format: Contractor shall submit three (3) copies of the
Preliminary Guideline Schedule in letter (8'/2" x 11") size printouts in bound volumes containing
the schedule information in different layouts as directed by Construction Manager. Apart from
the hard copies, Contractor shall also submit the schedule on two (2) disks as part of the
submittal. See 1.4A Electronic File Format for additional details. A brief narrative shall
accompany the submittal, describing Contractor's approach to the job.
1.03 DETAILED PROJECT SCHEDULE
A. The Detailed Project Schedule for this contract shall be constructed to show the order in which
Contractor proposes to carry out the work. Contractor shall indicate on the Detailed Project
Schedule any restrictions caused by limited access and available work areas and the availability
and use of manpower, material and equipment. Contractor shall utilize the Detailed Project
Schedule to plan, schedule and coordinate the work under this contract (including all activities of
subcontractors, equipment vendors and suppliers). The following criteria shall form the basis for
assembly of the logic:
1. What activity must be completed before a subsequent activity can be started?
2. What activities can be done concurrently?
3. What activity must be started immediately following a completed activity?
4. What major economic facility or specific manpower or equipment restrictions are required
for sequencing these activities?
B. The Detailed Project Schedule shall comply with any restrictions imposed by the scope of work
and by any contractually specified intermediate milestone and/or completion dates included in
the contract. The degree of detail shall be to the satisfaction of Owner, but the following factors
shall have a bearing on the required depth of activity detail:
1. The physical and structural breakdown of the project;
2. The contract milestones and/or completion dates;
3. The type of work to be performed and the labor trades involved;
4. All purchase, manufacture and delivery activities for all major materials and/or equipment;
5. Deliveries of Owner -furnished equipment and/or materials;
6. Preparation, submittal and approval of shop and/or working drawings and material samples;
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7. Approvals required by regulatory agencies and/or other third parties;
8. Plans for all subcontract work;
9. Assignment of responsibility for performing specific activities;
10. Access to and availability of work areas;
11. Identification of interfaces and dependencies with preceding, concurrent and follow-on
contractors;
12. Actual tests, submission of test reports and approval of test results:
13. Planning for phased or total acceptance by Owner;
14. Resource loading of work activities to indicate labor and equipment available to perform
the work;
15. Identification of any manpower, material and/or equipment restrictions.
1.04 SUBMITTALS
A. The detailed Project Schedule shall be submitted to Owner for approval within (30) calendar
days after notice of award. Five copies shall be provided.
B. Contractor shall update the Project Schedule monthly and submit with the monthly pay estimate.
If Contractor fails to timely submit the updated schedule, Owner may withhold approval of
progress payment estimates until such time as Contractor submits the required updated schedule.
PART 2 : PRODUCTS
2.01 SOFTWARE SCHEDULING PROGRAMS
A. The following scheduling software program is acceptable for use on this project.
1. Primavera Project Planner (P6) published by Primavera Systems, Inc. or equal at Owner's
discretion.
PART 3 : EXECUTION (NOT USED)
END OF SECTION
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RHWTP Filter Underdrain Cap Replacement Project
SECTION 01500
TEMPORARY FACILITIES
PART 1: GENERAL
1.01 TEMPORARY OFFICES
A. It is not anticipated that temporary offices will be needed by the Contractor. However, if
temporary offices are needed, they shall be established on the job site where approved or directed
by the Engineer, adequately furnished, and maintained in a clean, orderly condition by the
Contractor. Instructions received there from the Engineer shall be considered as delivered to the
Contractor.
B. The Contractor shall supply all fuel for heating and pay all electric bills associated with any
temporary offices that are provided.
1.02 TEMPORARY LIGHT AND POWER
A. Owner shall make available temporary power for Contractor.
1.03 TEMPORARY WATER
A. The Contractor shall provide all temporary piping and appurtenances required, providing
temporary water for construction purposes. Temporary piping and appurtenances shall be removed
upon approval of equipment being tested. Water for construction, testing and disinfection will be
furnished by Owner at no cost to Contractor. Contractor shall be responsible for all piping and
equipment necessary for getting water to its intended use. Coordinate use of water with Owner's
plant personnel.
1.04 TEMPORARY SANITARY FACILITIES
A. Provide self-contained, single -occupant toilet units of the chemical, aerated recirculation, or
combustion type, properly vented and fully enclosed in a fiberglass or other approved
non -absorbent shell.
1.05 FIRE EXTINGUISHERS
A. Provide portable UL-rated, Class A fire extinguishers for temporary offices and similar spaces. In
other locations, provide portable UL-rated Class ABC dry chemical extinguishers or a com-
bination of NFPA recommended Classes for the exposure. Comply with NFPA 10 and 241 for
classification, extinguishing agent and size required by location and class of fire exposure.
1.06 LAYOUT OF TEMPORARY FACILITIES
A. Before starting the work, the Contractor shall submit to the Engineer his requirements for space
for temporary structures and storage of materials. Where onsite space for temporary facilities is
limited, the allocation of the available space will be made by the Engineer. Should the Contractor
require space in addition to that allocated, the Contractor shall make his own arrangements for
storage of materials and equipment in locations off the construction site. For the allocated space,
the Contractor shall submit to the Engineer for approval, his proposed plan and layout for all
temporary offices, sanitary facilities, temporary construction roads, storage buildings, storage
yards, temporary water service and distribution, temporary power service and distribution, and
temporary telephone service.
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RHWTP Filter Underdrain Cap Replacement Project
1.07 STORAGE BUILDINGS
A. The Contractor shall erect, or provide as approved, temporary storage buildings of the various
sizes as required for the protection of mechanical and electrical equipment and materials as
recommended by manufacturers of such equipment and materials. The buildings shall be provided
with such environmental control systems that meet recommendations of manufacturers of all
equipment and materials stored in the buildings. The buildings shall be of sufficient size and so
arranged or partitioned to provide security for their contents and provide ready access for
inspection and inventory. At or near the completion of the work, and as directed by the Engineer,
the temporary storage buildings shall be dismantled, removed from the site, and remain the
property of the Contractor.
B. Combustible materials (paints, solvents, fuels, etc.) shall be stored in a well -ventilated building
removed from other buildings.
1.08 STORAGE YARDS
A. The Contractor shall construct temporary storage yards for the storage of materials that are not
subject to damage by weather conditions. Materials such as pipe and reinforcing and structural
steel shall be stored on pallets or racks, off the ground, and in a manner that allows ready access
for inspection and inventory. Temporary gravel surfacing of the storage yards shall meet with the
approval of the Engineer.
1.09 CONTRACTOR'S WORK AREA
A. The Contractor shall limit his operations and storage of equipment and materials to the areas
designated and as directed by the Engineer.
B. Except as provided herein, no sidewalk, private property, or other area adjacent to the plant site
shall be used for storage of the Contractor's equipment and materials unless prior written approval
is obtained from the legal owner.
C. The Contractor shall maintain the area during construction in a manner that will not obstruct
operations on street areas. He shall proceed with his work in an orderly manner, maintaining the
construction site free of debris and unnecessary equipment or materials.
D. At all times, maintain areas covered by the Contract and public properties free from accumulations
of waste, debris, and rubbish caused by construction operations. Contractor shall provide weekly
street cleaning and monthly wet street brooming.
E. Cleaning and disposal operations shall comply with local ordinances and antipollution laws. Do
not burn or bury rubbish and waste materials on the project site. Do not dispose of volatile wastes
such as mineral spirits, oil, chemicals, or paint thinner in storm or sanitary drains. Do not dispose
of wastes into streams or waterways.
F. Wet down dry materials and rubbish to allay dust and prevent blowing dust.
G. Provide approved containers for collection and disposal of waste materials, debris, and rubbish
and make arrangements for appropriate periodic emptying of the containers.
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RHWTP Filter Underdrain Cap Replacement Project
1.10 TEMPORARY ACCESS ROADS AND PARKING SPACE
A. The Contractor shall construct temporary construction access roads and detours as are required to
execute the work. The roads shall meet with the approval of the Engineer, and be maintained in
good condition until no longer needed; at which time the temporary roads shall be removed and
the area left in a condition satisfactory to the Engineer.
1.11 PROTECTION OF THE FINISHED CONSTRUCTION
A. The Contractor shall assume the responsibility for the protection of all finished construction and
shall repair and restore any and all damage to finished work to its original or better state.
B. Where responsibility can be determined, the cost for replacement or repair of damaged work shall
be charged to the party responsible. If responsibility cannot be fixed, the cost shall be borne by
the Contractor.
C. Wheeling of any loads over finished floors, either with or without plank protection, shall not be
permitted in anything except rubber -tired wheelbarrows, buggies, trucks, or dollies. This applies
to all finished floors and to all exposed concrete floors as well as those covered with composition
tile or other applied surfacing, and shall apply to all trades.
D. Where structural concrete is also the finished surface, care shall be taken to avoid marking or
damaging those surfaces.
1.12 REMOVAL OF I'hMPORARY FACILITIES AND UTILITIES
A. At such time or times any temporary construction facilities and utilities are no longer required for
the work, the Contractor shall notify the Engineer of his intent and schedule for removal of the
temporary facilities and utilities, and obtain the Engineer's approval before removing the same. As
approved, the Contractor shall disconnect and/or dismantle the temporary facilities and utilities
and remove them from the site as his property. Leave the site in such condition as specified, as
directed by the Engineer, and/or as shown on the Plans.
B. In unfinished areas, the condition of the site shall be left in a condition that will restore original
drainage, evenly graded, seeded or planted as necessary, and left with an appearance equal to, or
better than original.
1.13 PAYMENT
A. The work specified in this Section shall be considered incidental and payment will be included as
part of the appropriate lump sum or unit prices stated in the Proposal.
PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
END OF SECTION
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City of Fort Worth
RHWTP Filter Underdrain Cap Replacement Project
SECTION 01510
CONSTRUCTION TEMPORARY CONTROLS
PART 1: GENERAL
1.01 MOBILIZATION AND PROGRESS OF THE WORK
A. The Owner will issue a written Notice to Proceed, indicating the date when the Contract Time shall
begin. The Work shall progress as required to prevent delaying completion of the Project.
B. The Contractor shall furnish plant and equipment which will be efficient, appropriate and large
enough to secure a satisfactory quality of work and a rate of progress which will ensure the completion
of the Work within the time stipulated in the Contract Documents. If at any time such plant appears to
the Owner to be inefficient, inappropriate or insufficient for securing the quality of work required or
for producing the rate of progress specified, he may order the Contractor to increase the efficiency,
change the character or increase the plant equipment at the expense of the Contractor, and the
Contractor shall conform to such order. Failure of the Owner to give such order shall in no way
relieve the Contractor of his obligations to secure the quality of work and rate of progress required.
C. The Contractor shall be fully responsible for providing all temporary diversion and dewatering
pumping and piping, plumbing, heating, ventilating, air conditioning, lighting, temporary structures,
and such other items required to complete all indicated work in these contract specifications and
drawings.
D. No work shall be done between the hours of 6:00 p.m. and 7:00 a.m., nor on Saturdays, Sundays or
legal city holidays, except with the written permission of the Owner. Contractor shall submit a request
to the Owner two weeks in advance for work on Sundays and legal holidays. Owner shall be notified
48 hours prior to any work planned for Saturdays. The Contractor will be allowed to work double
shifts, Saturdays, Sundays and legal city holidays if it can be demonstrated that the work items to be
performed are related to the critical path of the construction schedule and if the additional work
schedule is required to meet Substantial Completion milestones. The Contractor's superintendent must
be onsite to supervise all work.
1.02 TEMPORARY CONSTRUCTION
A. Open Excavations
1. All open excavations shall be adequately safeguarded by providing temporary barricades, caution
signs, lights and other means to prevent accidents to persons, and damage to property. The
Contractor shall, at his own expense, provide suitable and safe bridges and other crossings for
accommodating travel by pedestrians and workmen. Bridges provided for access during
construction shall be removed when no longer required. The length or size of excavation will be
controlled by the particular surrounding conditions, but shall always be confined to the limits
prescribed by the Owner. If the excavation becomes a hazard, or if it excessively restricts traffic
at any point, the Owner may require special construction procedures such as limiting the length
of the open trench, prohibiting stacking excavated material in the street, and requiring that the
trench shall not remain open overnight.
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RHWTP Filter Underdrain Cap Replacement Project
2. The Contractor shall take precautions to prevent injury to the public due to open trenches. All
trenches, excavated material, equipment, or other obstacles which could be dangerous to the
public shall be well lighted at night.
B. Test Pits
1. Test pits for the purpose of locating underground pipelines or structures in advance of the
construction shall be excavated and backfilled by the Contractor at the direction of the Owner.
Test pits shall be backfilled immediately after their purpose has been satisfied and the surface
restored and maintained in a manner satisfactory to the Owner.
1.03 TEMPORARY CONTROLS
A. Maintenance of Flow
1. The Contractor shall at his own cost, provide for the flow of drains and water courses interrupted
during the progress of the Work, and shall immediately haul away and remove all offensive
matter. The entire procedure of maintaining existing flow shall be fully discussed with the
Owner well in advance of the interruption of any flow.
B. Protection of Sewers
1. Take adequate measures to prevent the impairment of the operation of the existing sewer system.
Prevent construction material, pavement, concrete, earth, or other debris from entering a sewer
or sewer structure.
2. All sewage flow interfering with construction and requiring diversion shall be diverted to a point
acceptable to the Owner.
C. Protection of Waterways
1. The Contractor shall observe the rules and regulations of the State of Texas and agencies of the
U.S. Government prohibiting the pollution of any lake, stream, river, or wetland by the dumping
of any refuse, rubbish, dredge material, or debris therein.
2. The Contractor is specifically prohibited from disposal of materials into any waters of the State.
3. The Contractor shall be responsible for providing holding ponds or an approved method which
will handle, carry through, or divert around his work all flows, including storm flows and flows
created by construction activity, so as to prevent excessive silting of waterways or flooding
damage to the property.
4. The Contractor shall comply with the procedures outlined in the U.S. Environmental Protection
Agency manuals entitled, "Guidelines for Erosion and Sedimentation Control Planning and
Implementation" and "Processes, Procedures and Methods to Control Pollution Resulting from
All Construction Activity", as well as erosion control measures indicated on the Drawings.
D. Disposal of Excess Excavated and Other Waste Materials
1. Excess excavated material not required or suitable for backfill and other waste material shall be
disposed of off -site as approved by the Owner.
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RHWTP Filter Underdrain Cap Replacement Project
2. Unacceptable disposal sites include, but are not limited to, sites within a wetland or critical
habitat and sites where disposal will have a detrimental effect on surface water or groundwater
quality.
3. The Contractor shall make his own arrangements for disposal subject to submission of proof to
the Owner that the owner(s) of the proposed sites(s) has a valid fill permit issued by the
appropriate governmental agency and submission of a haul route plan including a map of the
proposed route(s).
4. The Contractor shall provide watertight conveyance of any liquid, semi -liquid, or saturated solids
which tend to bleed or leak during transport. No liquid loss from transported materials will be
permitted whether being delivered to the construction site or being hauled away for disposal.
Fluid materials hauled for disposal must be specifically acceptable at the selected disposal site.
5. The Owner may suspend operations of the Contractor, at their discretion, for alleged
non-compliance with Texas Water Commission or Environment Protection Agency regulations.
E. Protection of Air Quality
1. Air pollution shall be minimized by wetting down bare soils during windy periods or, as
requested by Owner, by requiring the use of properly operating combustion emission control
devices on construction vehicles and equipment used by Contractor and by encouraging the
shutdown of motorized equipment not actually in use.
2. Trash burning will not be permitted on the construction site.
3 . If temporary heating devices are necessary for protection of the Work, such devices shall be of a
type that will not cause pollution of the air.
F. Use of Chemicals
1. All chemicals used during Project construction or furnished for Project operation, whether
herbicide, pesticide, disinfectant, polymer, reactant or of other classification, shall show approval
of either the U.S. Environmental Protection Agency or the U.S. Department of Agriculture or
any other applicable regulatory agency. Use of all such chemicals and disposal of residues shall
be in conformance with the manufacturer's instructions.
2. The Contractor shall maintain Material Safety Data Sheets (MSDS) on site and available for
review by the Contractor's employees and City of Fort Worth employees. A copy of each MSDS
sheet shall be provided to the Owner.
G. Noise and Dust Control
1. The Contractor shall so conduct all his operations that they will cause the least annoyance to the
residents in the vicinity of the work, and shall comply with all applicable local ordinances.
Compressors, hoists, and other apparatus shall be equipped with such mechanical devices as may
be necessary to minimize noise and dust. Compressors shall be equipped with silencers on
intake lines. All gasoline or oil operated equipment shall be equipped with silencers or mufflers
on intake and exhaust lines. Storage bins and hoppers shall be lined with material that will
deaden the sounds if directed by Owner. The operation of dumping rock and of carrying rock
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RHWTP Filter Underdrain Cap Replacement Project
away in trucks shall be so conducted as to cause a minimum of noise and dust. Vehicles carrying
rock, concrete, or other material shall be routed over such streets as will cause the least
annoyance to the public and shall not be operated on public streets between the hours of 6 p.m.
and 7 a.m., or on Saturdays, Sundays or legal holidays unless approved by the Owner.
H. Nighttime Work
1. lithe Contractor for his convenience and at his own expense, should desire to carry on his work
at night or outside the Contractor's regular working hours as established 'at the preconstruction
conference, he shall submit a written request to the Owner allowing ample time for satisfactory
arrangements to be made for inspecting the work in progress. The Contractor shall provide
lighting for active areas of the Project and shall provide noise abatement measures as required to
comply with all applicable Federal and State regulations and with all applicable requirements of
the City of Fort Worth.
2. Night work may be established by the Contractor as a regular procedure with the written
permission of the Owner. Such permission, however, may be revoked at any time by the Owner
if the Contractor fails to maintain adequate lighting equipment, noise control, and supervision for
the proper prosecution and controls of the work at night, or if the off -site effects of night
construction are deemed by the Owner to be unacceptable.
Care and Protection of Property
1. The Contractor shall be responsible for the preservation of all public and private property, and
shall use every precaution necessary to prevent damage thereto. If any direct or indirect damage
is done to public or private property by or on account of any act, omission, neglect, or
misconduct in the execution of the Work on the part of the Contractor, such property shall be
restored by the Contractor, at his expense, to a condition equal to that existing before the damage
was done, or he shall repair the damage in a manner acceptable to the Owner.
2. The Contractor shall not enter or occupy private land outside of easements, except by written
permission of the respective landowner.
J. Protection of the Finished Construction
1. The Contractor shall assume the responsibility for the protection of all finished construction and
shall repair and restore any and all damage to finished work to its original or better state.
PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
END OF SECTION
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RHWTP Filter Underdrain Cap Replacement Project
SECTION 01600
DELIVERY, STORAGE AND HANDLING
PART 1: GENERAL
1.01 SCOPE OF WORK
A. This Section specifies the general requirements for the delivery, handling, storage and protection for all
items required in the construction of the work. Specific requirements, if any, are specified with the
related item.
B. Contractor shall schedule deliveries within the guidelines set forth by the City to meet plant security
requirements.
1.02 TRANSPORTATION AND DELIVERY
A. Transport and handle items in accordance with manufacturer's instructions.
B. Schedule delivery to reduce long term on -site storage prior to installation and/or operation. Under no
circumstances shall equipment be delivered to the site more than one month prior to installation without
written authorization from the Engineer.
C. Coordinate delivery with installation to ensure minimum holding time for items that are hazardous,
flammable, easily damaged or sensitive to deterioration.
D. Deliver products to the site in manufacturer's original sealed containers or other packing systems,
complete with instructions for handling, storing, unpacking, protecting and installing.
E. All items delivered to the site shall be unloaded and placed in a manner which will not hamper the
Contractor's normal construction operation or those of subcontractors and other contractors and will not
interfere with the flow of necessary traffic.
F. Provide necessary equipment and personnel to unload all items delivered to the site.
G. Promptly inspect shipment to assure that products comply with requirements, quantities are correct, and
items are undamaged. For items furnished by others (i.e., Owner, other Contractors), perform
inspection in the presence of the Engineer. Notify Engineer verbally, and in writing, of any problems.
1.03 STORAGE AND PROTECTION
A. Store and protect products in accordance with the manufacturer's instructions, with seals and labels
intact and legible. Storage instruction shall be studied by the Contractor and reviewed with the
Engineer by him/her. Instruction shall be carefully followed and a written record of this kept by the
Contractor. Arrange storage to permit access for inspection.
B. Store loose granular materials on solid flat surfaces in a well -drained area. Prevent mixing with foreign
matter.
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RHWTP Filter Underdrain Cap Replacement Project
C. Cement and lime shall be stored under a roof and off the ground and shall be kept completely dry at all
times. All structural, miscellaneous and reinforcing steel shall be stored off the ground or otherwise to
prevent accumulations of dirt or grease, and in a position to prevent accumulations of standing water
and to minimize rusting. Beams shall be stored with the webs vertical. Precast concrete shall be
handled and stored in a manner to prevent accumulations of dirt, standing water, staining, chipping or
cracking. Brick, block and similar masonry products shall be handled and stored in a manner to reduce
breakage, cracking and spalling to a minimum.
D. All mechanical and electrical equipment and instruments subject to corrosive damage by the
atmosphere if stored outdoors (even though covered by canvas) shall be stored in a weathertight
building to prevent injury. The building may be a temporary structure on the site or elsewhere, but it
must be satisfactory to the Engineer. Building shall be provided with adequate ventilation to prevent
condensation. Maintain temperature and humidity within range required by manufacturer.
1. All equipment shall be stored fully lubricated with oil, grease and other lubricants unless
otherwise instructed by the manufacturer. All space heaters in equipment shall be energized
during construction.
2. Moving parts shall be rotated a minimum of once weekly to insure proper lubrication and to avoid
metal -to -metal "welding". Upon installation of the equipment, the Contractor shall start the
equipment, at least half -load, once weekly for an adequate period of time to ensure that the
equipment does not deteriorate from lack of use.
3. Lubricants shall be changed upon completion of installation and as frequently as required
thereafter during the period between installation and acceptance. New lubricants shall be put into
the equipment at the time of acceptance.
4. Prior to acceptance of the equipment, the Contractor shall have the manufacturer inspect the
equipment and certify that its condition has not been detrimentally affected by the long storage
period. Such certifications by the manufacturer shall be deemed to mean that the equipment is
judged by the manufacturer to be in a condition equal to that of equipment that has been shipped,
installed, tested and accepted in a minimum time period. As such, the manufacturer will guaranty
the equipment equally in both instances. If such a certification is not given, the equipment shall be
judged to be defective. It shall be removed and replaced at the Contractor's expense.
PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
END OF SECTION
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RHWTP Filter Underdrain Cap Replacement Project
SECTION 01700
CONTRACT CLOSEOUT
PART 1: GENERAL
1.01 SCOPE OF WORK
A. This Section outlines the procedure to be followed in closing out the Contract.
1.02 FINAL CLEANING
A. At the completion of work and immediately prior to final inspection, cleaning of the entire project
shall be accomplished according to the following provisions:
1. The Contractor shall thoroughly clean, sweep, wash, and polish all work and equipment
provided under the Contract, including finishes. The cleaning shall leave the structures and site
in a complete and finished condition to the satisfaction of the Engineer.
2. All Subcontractors shall similarly perform, at the same time, an equivalent thorough cleaning of
all work and equipment provided under their contracts.
3. The Contractor shall remove all temporary structures and all debris, including all dirt, sand,
gravel, rubbish and waste material. See Section 01500, Temporary Facilities.
4. Should the Contractor not remove rubbish or debris, or not clean the buildings and site as
specified above, the Owner reserves the right to have the cleaning done at the expense of the
Contractor.
B. Use only cleaning materials recommended by manufacturer of surface to be cleaned.
C. Use cleaning materials only on surfaces recommended by cleaning material manufacturers.
D. In preparation for project completion or occupancy, conduct final inspection of sight -exposed interior
and exterior surfaces, and of concealed spaces.
E. Remove grease, dust, dirt, stains, labels, fingerprints, and other foreign materials from sight -exposed
interior and exterior fmished surfaces. Polish surfaces so designated to shine finish.
F. Repair, patch, and touch up marred surfaces to specified finish, to match adjacent surfaces.
G. Vacuum -clean all interior spaces, impacted by construction. Broom clean paved surfaces, rake clean
other surfaces of grounds.
H. Handle materials in a controlled manner with as few handlings as possible. Do not drop or throw
materials from heights.
I. Schedule cleaning operations so that dust and other contaminants resulting from cleaning process will
not fall on wet, newly -painted surfaces.
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1.04 FINAL INSPECTION
A. After final cleaning and restoration and upon written notice from the Contractor that the work is
completed, the Engineer will make a preliminary inspection with the Owner and the Contractor
present. Upon completion of this preliminary inspection, the Engineer will notify the Contractor, in
writing, of any particulars in which this inspection reveals that the work is defective or incomplete.
B. Upon receiving written notice from the Engineer, the Contractor shall immediately undertake the work
required to remedy deficiencies and complete the work to the satisfaction of the Engineer.
C. When the Contractor has corrected or completed the items as listed in the Engineer's written notice, he
shall inform the Engineer, in writing, that the required work has been completed. Upon receipt of this
notice, the Engineer, in the presence of the Owner and the Contractor, will make his final inspection
of the project.
D. Should the Engineer find all work satisfactory at the time of his inspection, the Contractor will be
allowed to make application for final payment. Should the Engineer still find deficiencies in the work,
the Engineer will inform the Contractor of the deficiencies and will deny the Contractor's request for
final payment until such time as the Contractor has satisfactorily completed the required work.
1.05 FINAL SUBMITTALS
A. No application for fmal payment will be accepted until all submittals have been made and approved by
the Engineer, including, but not limited to, the following:
1. Final shop drawings.
2. Project Record Documents
3. All Operation and Maintenance Manuals.
4. All Manufacturers' Certificates of Proper Installation.
5. All construction photographs, including those of the completed project.
6. Certificate that all outstanding debts are paid and that there are no liens on the project.
1.06 GUARANTEES, BONDS, AND AFFIDAVITS
A. 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 Engineer.
1.07 RELEASE OF LIENS OR CLAIMS
A. No application for final payment will be accepted until satisfactory evidence of release of liens has
been submitted to the Owner as required by the General Conditions.
1.08 FINAL PAYMENT
A. Final payment will be made to the Contractor in accordance with the Agreement.
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RHWTP Filter Underdrain Cap Replacement Project
PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
END OF SECTION
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SECTION 01710
CLEANING
PART 1: GENERAL
1.01 REQUIREMENTS INCLUDED
A. Execute cleaning, during progress of the Work, and at completion of the Work.
1.02 RELATED REQUIREMENTS
A. Each Specification Section: Cleaning for specific products or work.
1.03 DISPOSAL REQUIREMENTS
A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and
anti -pollution laws.
PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION
3.01 DURING CONSTRUCTION
A. Execute daily cleaning to keep the Work, the site and adjacent properties free from accumulations of
waste materials, rubbish and windblown debris, resulting from construction operations.
B. Provide on -site containers for the collection of waste materials, debris and rubbish. All waste
materials including containers, food debris and other miscellaneous materials must be disposed of
daily in on -site containers.
C. Remove waste materials, debris and rubbish from the site periodically and dispose of at legal disposal
areas away from the site.
D. Provide weekly cleaning of plant roadways.
3.02 DUST CONTROL
A. Clean interior spaces prior to the start of finish painting and continue cleaning on an as -needed basis
until painting is finished.
B. Schedule operations so that dust and other contaminants resulting from cleaning process will not fall
on wet or newly -coated surfaces.
3.03 FINAL CLEANING
A. Employ skilled workmen for final cleaning.
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B. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and other foreign materials
from sight -exposed interior and exterior surfaces.
C. Broom clean exterior paved surfaces; rake clean other surfaces of the grounds.
D. Prior to final completion, or Owner occupancy, Contractor shall conduct an inspection of
sight -exposed interior and exterior surfaces, and all work areas, to verify that the entire Work is clean.
END OF SECTION
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RHWTP Filter Underdrain Cap Replacement Project
SECTION 01720
PROJECT RECORD DOCUMENTS
PART 1: GENERAL
1.01 REQUIREMENTS INCLUDED
A. Maintain at the site, for the Owner's use, one record copy of:
1. Drawings.
2. Specifications.
3. Addenda.
4. Change Orders and other Modifications to the Contract.
5. Engineer's Field Orders or written instructions.
6. Approved Shop Drawings, Working Drawings and Samples.
7. Field Test records.
8. Construction photographs.
9. RFIs
10. Submittal Logs
1.02 RELATED REQUIREMENTS
A. Section 01300: Submittals.
1.03 MAINTENANCE OF DOCUMENTS AND SAMPLES
A. Store documents and samples in Contractor's field office apart from documents used for construction.
1. Provide files and racks for storage of documents.
2. Provide locked cabinet or secure storage space for storage of samples.
B. File documents and samples in accordance with CSI/CSC format.
C. Maintain documents in a clean, dry, legible condition and in good order. Do not use record
documents for construction nurnoses.
D. Make documents and samples available at all times for inspection by the Engineer.
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RHWTP Filter Underdrain Cap Replacement Project
E. As a prerequisite for monthly progress payments, the Contractor is to exhibit the currently updated
"record documents" for review by the Engineer and the Owner.
1.04 MARKING DEVICES
A. Provide felt tip marking pens for recording information in the color code designated by the Engineer.
1.05 RECORDING
A. Label each document "PROJECT RECORD" in neat large printed letters.
B. Record information concurrently with construction progress.
1. Do not conceal any work until required information is recorded.
C. Drawings - Legibly mark to record actual construction:
All underground piping with elevations and dimensions. Changes to piping location. Horizontal
and vertical locations of pipe fittings, underground utilities and appurtenances, referenced to
permanent surface improvements. Actual installed pipe material, class, etc.
2. Field changes of dimension and detail.
3. Changes made by Field Order or by Change Order.
4. Details not on original contract drawings.
5. Equipment relocations and piping.
D. Specifications and Addenda - Legibly mark each Section to record:
1. Manufacturer, trade name, catalog number, and Supplier of each Product and item of equipment
actually installed.
2. Changes made by Field Order or by Change Order.
1.06 SUBMITTAL
A. At every six month interval a copy of the up to date Record Drawings shall be provided to the
Engineer. At Contract close-out, deliver Record Documents to the Engineer for the Owner.
B. Accompany submittal with transmittal letter in duplicate, containing:
1. Date.
2. Project title and number.
3. Contractor's name and address.
4. Title and number of each Record Document.
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RHWTP Filter Underdrain Cap Replacement Project
5. Signature of Contractor or his authorized representative.
PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
END OF SECTION
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City of Fort Worth
RHWTP Filter Underdrain Cap Replacement Project
SECTION 01740
WARRANTIES AND BONDS
PART 1: GENERAL
1.01 REQUIREMENTS INCLUDED
A. Compile specified warranties and bonds, in accordance with the General Conditions.
B. Co -execute submittals when so specified.
C. Review submittals to verify compliance with Contract Documents.
D. Submit to the Engineer for review and transmittal to Owner.
1.02 RELATED REQUIREMENTS
A. Instructions to Bidders: Bid Bonds.
B. Conditions of the Contract: Performance Bond and Payment Bond.
C. Agreement.
D. Section 01700: Contract Closeout.
E. Special Conditions: Maintenance Bond.
1.03 SUBMITTAL REQUIREMENTS
A. Assemble warranties, bonds and service and maintenance contracts, executed by each of the respective
manufacturers, suppliers, and subcontractors.
B. Number of original signed copies required: Two each.
C. Table of Contents: Neatly typed, in orderly sequence. Provide complete information for each item.
1. Product or work item.
2. Firm, with name of principal, address and telephone number.
3. Scope.
4. Date of beginning of warranty, bond or service and maintenance contract.
5. Duration of warranty, bond or service maintenance contract.
6. Provide information for Owner's personnel:
a. Proper procedure in case of failure.
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RHWTP Filter Underdrain Cap Replacement Project
b. Instances which might affect the validity of warranty or bond.
7. Contractor, name of responsible principal, address and telephone number.
1.04 FORMS OF SUBMITTALS
A. Prepare in duplicate packets.
B. Format:
1. Size 8 1/2 inches x 11 inches, punch sheets for standard 3-post binder.
a. Fold larger sheets to fit into binders.
2. Cover: Identify each packet with typed or printed title "WARRANTIES AND BONDS". List:
a. Title of Project.
b. Name of Contractor.
C. Binders: Commercial quality, three -post binder, with durable and cleanable plastic covers and
maximum post width of 2 inches.
1.05 WARRANTY SUBMITTAL REQUIREMENTS
A. For all major pieces of equipment, submit a warranty from the equipment manufacturer. The
manufacturer's warranty period shall be concurrent with the Contractor's for two (2) years, unless
otherwise specified, commencing at the time of final accentance by the Owner.
B. The Contractor shall be responsible for obtaining certificates for equipment warranty for all major
equipment specified under Divisions 11,13, 14, 15 and 16 and which has a 1 HP motor or which lists
for more than $1,000. The Engineer reserves the right to request warranties for equipment not
classified as major. The Contractor shall still warrant equipment not considered to be "major" in the
Contractor's one-year warranty period even though certificates of warranty may not be required.
C. For certain pieces of equipment, the Owner may require a warranty of more than one year. The
requirement for a warranty of more than one year shall be specified in individual sections of the
Specifications.
PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
END OF SECTION
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October 2012
DIVISION 2
SITEWORK
City of Fort Worth
RHWTP Filter Underdrain Cap Replacement Project
SECTION 02050
DEMOLITION
PART 1: GENERAL
1.01 SCOPE OF WORK
A. The Contractor shall furnish all labor, materials, equipment and incidentals required to provide all
demolition, dismantling, cutting, fitting and patching, and salvage work required to complete the
work as shown on the Drawings and specified herein.
B. The Contractor shall comply with applicable laws, codes, ordinances and regulations, and shall
obtain and pay for necessary permits.
C. The Contractor shall remove from site and legally dispose of dismantled materials, trash, debris,
etc., except any items specifically indicated to be reused and any items designated on the
Drawings to be salvaged for Owner's own purposes. Such items shall be carefully removed under
the Contract and moved to an area designated by the Owner on the project site.
D. All other materials removed under the modification work and not called for to be reused or turned
over to the Owner on the project shall be disposed of legally, off the site, by Contractor, who will,
upon removal from site, have the rights of salvage of materials.
E. The Contractor shall visit the site of the work and examine the premises so as to fully understand
all of the existing conditions relative to the work. No increase in cost or extension of performance
time will be considered for failure to know the conditions of the site and structures.
F. The Contractor shall be responsible for removing and modifying piping and structures in such a
sequence that there will be no disruption of operations. The contractor's construction schedule
shall include demolition work at times that meet the construction sequencing issues presented in
Section 01040.
1.02 CARE, PROTECTION AND REPAIR
A. The Contractor is cautioned to exercise great care in protecting existing structures and property of
the Owner while proceeding with work of this Section and the entire Contract. All damage shall
be repaired at once to the satisfaction of the Engineer. All such repairs shall be at the expense of
the Contractor and no claims for additional payment will be accepted.
1.03 CONDITIONS OF STRUCTURES
A. The Owner and the Engineer assume no responsibility for the actual condition of the structures to
be demolished or modified.
B. Conditions existing at the time of inspection for bidding purposes will be maintained by the
Owner insofar as practicable. However, variations within a structure may occur prior to the start
of demolition work.
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RHWTP Filter Underdrain Cap Replacement Project
C. The Engineer may, upon inspection, direct the Contractor to repair or replace deteriorated or
damaged structures, piping or mechanical equipment as extra work. Extra work, if any, will be
performed and paid for in accordance with other portions of the Contract Documents.
PART 2: PRODUCTS
A. Comply with specifications and standards for involved products.
PART 3: EXECUTION
3.01 INSPECTION
A. Inspect existing conditions of the project, including elements subject to damage or movement
during demolition, cutting, and patching.
B. After uncovering work, inspect the conditions affecting the installation of products or
performance of the work.
C. Report unsatisfactory or questionable conditions to the Owner in writing; do not proceed with
the work until the Engineer has provided further instructions.
3.02 PREPARATION
A. Provide adequate temporary support as necessary to assure the structural value or integrity of the
affected portion of the work.
B. Provide devices and methods to protect other portions of the project from damage.
C. Provide protection from the elements for that portion of the project which may be exposed by
demolition, cutting, and patching work, and maintain excavations free from water.
3.03 PERFORMANCE
A. General Considerations: Provide and maintain barriers, dust screens, warning lights, etc. as may
be necessary to protect persons and property. Perform work with utmost care using tools and
methods that will not transfer any heavy shocks to adjacent structures to remain in service and in
place. Take all possible care to avoid vibration and other disturbances. Perform demolition
work in a careful, orderly manner giving prime consideration to, but not necessarily limited by:
1. Protection of public and Owner's personnel.
2. Protection from weather.
3. Protection of the environment in accordance with Division 1.
4. Protection of existing structures or portions thereof to remain.
5. Maintaining continuous operations at the plant.
6. Maintenance of orderly access.
7. Coordination and cooperation with Owner.
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RHWTP Filter Underdrain Cap Replacement Project
B. Pollution Controls: Use water sprinkling, temporary enclosures, and other suitable methods to
limit dust and dirt rising and scattering in air to lowest practical level. Comply with governing
regulations pertaining to environmental protection.
1. Do not use water when it may create hazardous or objectionable conditions such as
flooding, erosion, or pollution.
2. Clean adjacent structures and improvements of dust, dirt, and debris caused by demolition
operations as directed by Owner or governing authorities. Return adjacent areas to condition
existing prior to start of work.
3. Prior to demolition inside existing structures, provide covers consisting of plastic sheeting
and framing over existing pumps, motors, switchgear, and control panels. Maintain covers
during demolition operations.
D. Execute fitting and adjustment of products to provide a finished installation to comply with
specified products, functions, tolerances, and finishes.
E. Take care in the removal of equipment and materials to be salvaged to prevent damage to such.
F. Modification consists of demolition as required, removing, replacing or altering existing
concrete. Also included is such work as plugging pipe and wall openings, the removal of
portions of an existing structure, and construction of additions to existing structures.
G. Use of explosives will not be permitted on the project.
H. Debris shall not be allowed to accumulate.
END OF SECTION
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October 2012
DIVISION 13
SPECIAL CONSTRUCTION
City of Fort Worth
RHWTP Filter Underdrain Cap Replacement Project
SECTION 13226
FILTER MEDIA AND SUPPORT GRAVEL
PART 1: GENERAL
1.01 SCOPE OF WORK
A. Furnish all labor, materials, equipment and incidentals required and remove and store existing filter
media, install new filter media support gravel, re -install existing filter media, and install new filter
media, complete, and ready for operation for Filters No.1, Nos. 5 through 7, and Nos. 10 through 20 as
shown on the Drawings and as specified herein.
B. The plan dimensions for each filter are 66' — 0" x 17' — 0". The existing filter media is approximately
48 inches in depth. The filter support gravel will have a depth of 12 inches. Additional anthracite
media shall be provided for installation in the existing filters to make up for existing media loss.
Owner shall determine the amount of additional anthracite media that will be required to be installed
during the course of the project work.
C. All components which come in contact with the process water or chemicals to be added to process
water shall have obtained or applied for ANSI/NSF-61 certification.
1.02 QUALIFICATIONS
A. The Contractor shall furnish the filter media and support gravel from a firm regularly engaged in
supplying this type of material. The Contractor shall be prepared to document the supplier's technical
competence and experience in providing the medium specified herein. All of the anthracite and
support gravel shall be obtained from the same supplier.
1.03 SUBMITTALS
A. Submit to the Engineer shop drawings of all items furnished under this Section.
B. No material shall be shipped to the site of the work until such material is approved by the Engineer in
writing.
C. Testing and Shop Drawings
1. Provide the services of a qualified testing laboratory experienced in testing support gravel
materials to perform the tests specified.
2. Testing laboratory shall be approved by the Engineer/Owner.
3. The costs for testing shall be included. Owner may perform additional testing and Contractor
shall permit and assist sampling as required.
a. The following tests are to be reported:
(1) Grain Size Analysis, complete with graph of sieve size versus percent passing.
(2) Acid Solubility.
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RHWTP Filter Underdrain Cap Replacement Project
(3) Apparent Specific Gravity.
(4) Effective Size and Uniformity Coefficient.
(5) Hardness (MOH Scale).
(6) Gravel porosity
4. Shop Drawings
a. Prior to loading and shipment Filter Media and Support Gravel, data sheets indicating
material, unit weight, effective size, uniformity coefficient and other pertinent data specified
or required to evaluate quality for each layer of material.
b. Complete installation and placement procedures.
c. An Affidavit of Compliance in accordance with AWWA B100 and NSF No. 61.
d. Test Results performed by the independent testing laboratory as specified.
e. Evidence of Manufacturing Experience. (5 years minimum with 10 installations in
satisfactory operation).
f. Certification of Quality Control Program.
D. Quality Control
1. Pre -Shipment Tests
a. Sampling and testing to be performed in accordance with AWWA B 100, prior to shipment
of materials.
b. Perform tests on samples obtained directly by the approved testing laboratory in accordance
with AWWA B100.
c. Provide certified copies of all tests performed by laboratory.
d. The cost for this testing shall be included in the cost of the media.
2. Receipt Tests
a. Sampling and testing to be performed in accordance with AWWA B100, on material
delivered to the site.
b. Sampling will be performed by the Engineer. Samples will be shipped to the testing
laboratory by the Engineer.
c. The approved testing laboratory will perform the tests listed in Item 1.04.D.3.a in
accordance with AWWA B100. The cost of this testing will be included in the cost of the
media.
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d. If the results of the Receipt Tests do not comply with the Specifications, the materials must
be replaced to comply with Specifications.
1.04 REFERENCE STANDARDS
A. American Water Works Association (AWWA)
1. AWWA B100 — Standard for Filtering Material
2. AWWA B300 — Hypochlorites
3. AWWA C653 — Disinfection of Water Treatment Facilities
B. National Science Foundation (NSF)
1. NSF Standard No. 61 - Indirect Additives, Process Media
C. Where reference is made to one of the above standards, the revision in effect at the time of bid
opening shall apply.
PART 2: PRODUCTS
2.01 ANTHRACITE FILTER MEDIA
A. Anthracite media shall comply with the standards of AWWA specification B-100.
B. Anthracite
1. Anthracite shall be a crushed anthracite coal having an effective size of 1.2 mm to 1.3 mm, a
maximum uniformity coefficient of 1.4, and a specific gravity of not less than 1.4 nor greater than
1.7. The anthracite shall have a hardness of not less than 3.0 on the MOH scale. The acid
solubility of the coal shall not exceed 5 percent.
2. Anthracite shall be virgin material clean and free from iron sulfides, clay, slate, dust, dirt and
foreign matter of any kind as it is placed on the filters. Medium shall be free of visible extraneous
material that is not easily separable (i.e. through normal backwashing and skimming) including
wood fibers and plant materials.
3. Anthracite meeting these requirements may be purchased from ITT Leopold, Zelienople, PA,
Roberts Filter Manufacturing Company, Darby, PA; Unifilt Corporation, Zelienople, PA; or
Northern Filter Media, Muscatine, IA.
2.02 SUPPORT GRAVEL
A. Media support gravel shall comply with the most recent editions of the standards of NSF No. 61 and
AWWA B100. The gravel shall have the following configuration.
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B. Gravel
1. The gravel placed on top of the filter underdrain system shall be in layers for a total depth of
12 inches. The number of layers and gradation of the layers shall be as shown below:
Depth Gravel Size
Top 2-in 3/4-in by 1/2-in
2-in 1/4-in by 1/8-in
2-in 1/8-in by No. 12
2-in 1/4-in by 1/8-in
2-in 1/2-in by 1/4-in
Bottom 2-in 3/4-in by 1/2-in
2. Gravel shall consist of hard, round stone with an average specific gravity of not less than 2.5.
Not more than 1 percent by weight shall have a specific gravity of 2.25 or less. The gravel
shall contain not more than 2 percent by weight of thin, flat or elongated pieces (pieces in
which the largest dimension exceeds five times the smallest dimension) determined by hand
picking; shall be free of shale, mica, clay, sand, dirt, loam and organic impurities of any kind
and shall contain no iron or manganese in form or quantity that will adversely affect the water
filtered. The gravel shall have an acid solubility per AWWA B 100-01 standard.
3. The porosity of the gravel as placed in each layer shall be between 35 and 45 percent.
4. Filter gravel shall be screened through square mesh screens conforming to ASTM El 1. Filter
gravel that is finer and coarser than the designated size limits shall not exceed a total of eight
(8) percent by weight of each gravel size.
C. Gravel meeting the above requirements may be purchased from ITT Leopold, Zelienople, PA,
Roberts Filter Manufacturing Company, Darby, PA; Unifilt Corporation, Zelienople, PA; or
Northern Filter Media, Muscatine, IA.
PART 3: EXECUTION
3.01 DELIVERY, STORAGE, AND HANDLING
A. Packing and Shipping
1. Deliver filter media and support gravel in new, never -before used heavy-duty woven,
polypropylene, semi -bulk containers treated with UV light inhibitors, having a safety factor of at
least 5:1. The containers shall have lifting sleeves for forklift use capable of supporting the
entire weight of the full container, and have a bottom discharge spout.
2. The containers shall be clearly marked including company name, complete material description,
lot number, and date of production.
3. Do not ship materials until storage and handling procedures are approved by ENGINEER. Filter
media containers shall not be stored directly on the ground.
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4. Pallets are required only on stock media.
5. Transport all media on open side trucks/trailers to allow for side unloading by forklift. Material
shall be properly covered or tarped.
6. Handle products in accordance with the media supplier's written instructions and in a manner to
prevent damage. Exclude all dust, dirt or deleterious material.
7. Delivery of filter media and gravel shall be subject to construction phase sequence as described
in Section 01040. Gravel shall not remain onsite in excess of manufacturer's recommended
storage limitations. If media is furnished in two or more separate shipments, Contractor shall
perform preshipping and receipt tests as described in PART 1 of this Section for each shipment.
3.02 INSTALLATION
A. Installation shall be performed by the General Contractor. Gravel and anthracite shall be
transported, delivered and placed in a careful manner to exclude all dust, dirt, or deleterious
material and to prevent physical damage to the particles per Paragraph 3.01.
B. After delivery to the site, but before placing the medium, the Engineer may take random test
samples of each media and sieve analysis may be performed on each sample by a laboratory
selected by the Engineer. Failure of the samples to meet the above Specifications shall be cause
for rejection and the General Contractor shall remove such medium from the site and provide
medium meeting these Specifications. No plus tolerances shall be allowed on any uniformity
coefficients. The media supplier shall provide suitable shipment and/or make allowance for any
degradation or segregation during shipping, so the delivered material meets these specifications for
effective size and uniformity coefficient.
C. Each filter box shall be thoroughly cleaned by brooming and vacuuming before any media is
placed and shall be kept clean throughout the operation. No media shall be placed until the
underdrain system manufacturer has certified the system to have been installed and the preliminary
distribution tests successfully completed in accordance with Section 13221 of these Specifications.
D. The gravel system shall be installed in accordance with the filter underdrain manufacturer's
specific detailed instructions and the filter underdrain manufacturer shall provide supervision of
gravel installation sufficient to ensure proper compliance with installation procedures. The bottom
layer shall be placed carefully by hand to avoid damage to the underdrain system and to ensure a
free passage of water and air from filter block orifices. Workmen shall not stand or walk directly
upon the gravel, but upon boards or staging, so the weight of the workmen will not displace the
gravel. Any gravel which becomes mixed shall be removed and replaced.
E. The correct thickness of each layer shall be obtained as follows: Before the gravel is placed, the
top of each layer shall be marked on the side of the filter. The top of each layer shall then be
leveled against a water surface held at the appropriate mark. None of the particles shall be less
than half submerged, and there shall be no places where additional gravel can be placed without
the particles extending more than 1/2 of their volume above the water surface.
F. After all of the gravel has been placed, it shall be repeatedly backwashed until all dust and dirt has
been washed out, as evidenced by no backwash water discoloration.
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G. The Owner will perform all backwashing. Provide Engineer with a 3-day written notice prior to the
first backwash in each filter bed.
3.03 DISINFECTION
A. After placement of the gravel and re -installation of the filter media, but before the filter is placed in
service, the entire depth of filter media and underdrain system in the filter shall be disinfected. The
Owner will perform the filter disinfection procedures. Upon completion of disinfection, the filter
contents shall be backwashed to waste to remove all traces of the disinfectant solution and
dechlorinated as required.
B. Water Source
1. Water for disinfection purposes will be provided by Owner per Section 01500.
C. Bacteriological Sampling and Testing
1. The Owner will perform all sampling for bacteriological tests and shall pay for the initial testing
to be performed by Owner selected laboratory. All subsequent testing, should the initial test fail,
shall be paid for by the Contractor.
3.04 ACCEPTANCE
A. Performance Testing. Before final acceptance, the filter shall be tested at a backwash rate as
determined by the Engineer to verify proper installation of the filter media. The Engineer will
determine the number and duration of backwashing tests.
3.05 MANUFACTURER'S SERVICES
A. Contractor shall provide the services of an ITT Leopold representative during the cap removal process,
support gravel installation, and testing of the gravel. Contractor shall provide for a minimum of eight
trips and eight hours per trip.
END OF SECTION
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