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HomeMy WebLinkAboutContract 43831 (2)CITY SECRETARY � D.O.E. FILE coNYr�►cTOR'S BONDtNG �. �,QNSTRUCTION'S COPY �,��ENT f3EPARi'MENT FORT �ORTH PROJECi M AN 11AL FOR TWE CONSTRUCTION OF CITY SECRETARR�j ��, CONTRACT N0. `� � � Kings Oak Circle and Haltom Road Drainage Improvem�nts— Unit 3 City Project No. 00483 Betsy Price M ayor Tom H i ggi ns City Manager DouglasW. Wiersig, P.E. Dirextor, Transportation and Public Works Department Prepared for T9�e Ci#y o� Fort VVorth 2012 � ����1r-�,� ..� �q � � � ��` 3��`�� ��.3 , .'� ,i �'`�' • � ' �!� �� J� r � �� ���rtsu�ra � �'� � # '��� �'. _"`- �:... . � T1�a41�1S N i1?'i'l1NA�1t�,� �� �'.,......,...,.,.....,.......,..., �1 '. 9 $ � 3 � :` � ,�. �p./;. C��sa6tant� L LC t t��.c�;-j �ENSE,�• ,�� 50�0 Thanp�rt Terra¢� r +�,p�y Colleyvil6�, TX 76034 ,,,%�,. ;; �•. T�PE i2ege��ed Firm tVo. F-20 � Thes�l app ing on this document w� authoriz�i by Travis N. Attan�io, P.E., CFM on Julv 31, 2012 �FFICIAL RECOiiD �ITY $�����A�lf ��'p �91(�I�'�'�p '�"'� � FORTWORTH PROJECT MANUAL FOR THE CONSTRUCTION OF Kings Oak Circle and Haltom Road Drainage Improvements - Unit 3 City Project No. 00483 Betsy Price Mayor Tom Higgins City Manager Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth 2012 � I \ �� s - ,� CONSUi:i:�1� l i' ;, 1„1_.,[1 .\ � � � � � �----- ��1 � 3 ( i : �_ f - -- - y'i, I I i : A.N.A. Consultants, LLC 5000 Thompson Terrace Colleyville, TX 76034 TBPE Registered Firm No. F-20 00 00 00 - i TABLE OF CONTENTS Page 1 of 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions 00 OS 10 Mayor and Council Communication 00 OS 15 Addenda 00 11 13 Invitation to Bidders 00 21 13 Instructions to Bidders 00 35 13 Conflict of Interest Affidavit 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 00 43 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 00 45 11 Bidders Prequalifications 00 45 12 Prequalifcation Statement 00 45 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers' Compensation Law 00 45 40 Minority Business Enterprise Goal 00 52 43 Agreement 00 61 13 Performance Bond 00 61 14 Payment Bond 00 61 19 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division O1- General O1 11 00 Summary of Work O1 25 00 Substitution Procedures O1 31 19 Preconstruction Meeting O1 31 20 Project Meetings 01 32 16 Construction Progress Schedule O1 32 33 Preconstruction Video O1 33 00 Submittals Ol 35 13 Special Project Procedures O1 35 43 Contaminated Material Handling, Loading, Transportation and O1 45 23 Testing and Inspection Services O1 50 00 Temporary Facilities and Controls O1 55 26 Street Use Permit and Modifications to Traffic Control O1 57 13 Storm Water Pollution Prevention Plan Ol 58 13 Temporary Project Signage O1 60 00 Product Requirements O1 66 00 Product Storage and Handling Requirements Ol 70 00 Mobilization and Remobilization O1 71 23 Construction Staking O1 74 23 Cleaning O1 77 19 Closeout Requirements O1 78 23 Operation and Maintenance Data O1 78 39 Project Record Documents CITY OF FORT WORTH Kirrgs Oak Ci��cle arc! Halton� 2oacl D��arnage lmprovenrents STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 00483 Revised November 9, 2011 000000-3 TABLE OF CONTENTS Page 3 of 3 1 2 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 9, 2011 Kings Oak Circle and Halton: Road Drainage Improvements City Project No. 00483 M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas ' CITY COUNCIL AGENDA FoeT�o�ri� COUNCIL ACTION: Approved on 9/25/2012 DATE: 9/25/2012 REFERENCE NO.: **C-25865 LOG NAME: 20SW KINGS _OAK_ 00483 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with Conatser Construction 7X, LP in the Amount of $874,315.00 for the Kings Oak Circle and Haltom Road Drainage Improvement Project (COUNCIL DISTRICT 4) _ � , RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Conatser Construction TX, LP in the amount of $874,315.00 for the Kings Oak Circle and Haltom Road Drainage Improvement Project. 1 DISCUSSION: � The construction contract recommended by this M&C is for the installation of storm drain pipe, inlets, curb and gutter improvements to correct street and home flooding in the Kings Oak Addition. Costs for the implementation of this project will be funded by the Stormwater Capital Projects Bond � Fund. I The project was advertised for bid on August 2, 2012 and August 9, 2012 in the Fort Worth Star- Telegram. On August 30, 2012, the following bids were received. BIDDERS AMOUNT TIME OF COMPLETION � Conatser Construction TX, LP $ 874,315.00 180 calendar days RKM Utility Services $ 899,610.00 1 The Fain Group, Inc $ 955,140.00 ; Woody Contractors $ 996,920.00 ` Jackson Construction, Ltd. $1,039,833.00 � Circle C Construction Co. $1,062,305.00 McMahon Contracting, LP $1,082,106.82 Lewis Contractors, Inc. $1,236,045.00 SJ Louis Construction $1,285,013.90 j It is recommended that the contract be awarded in the amount of $874,315.00 to Conatser Construction � TX, LP. Funding in the amount of $104,000.00 is included for associated construction survey, materials testing, � and inspection. The contingency fund for possible change orders is $25,000.00. Conatser Construction TX, LP, is in compliance with the City's BDE Ordinance by committing to 14 percent MBE participation. The City's goal on this project is 14 percent. j This project is located in COUNCIL DISTRICT 4, Mapsco 49Z and 63D. FISCAL INFORMATION/CERTIFICATION: http://www.fortwoi�thgov.org/council_packet/mc_review.asp?ID=17424&councildate=9/... 10/10/2012 M&C Review Page 2 of 2 The Financial Management Services Director certifies that funds are available in the current capital li budget, as appropriated of the Stormwater Capital Projects Bond Fund. TO Fund/AccountlCenters FROM Fund/Account/Centers �' P227 541200 204280048383 $874,315.00 Submitted for City Manager's Office bv: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Felipe Pulido (8179008345) ATTACHMENTS M AND C 00483(2).pdf � � ` http://www.fortworthgov.org/council_packet/mc review.asp?ID=17424&councildate=9/... 10/10/2012 � � ,�, l City of Fort Worfih Transportation & Public Works Department ADDENDUM No. 1 To the Specifications and Contract Documents FO R KINGS OAK CIRCLE AND HALTOM ROAD DRAINAGE IMPROVEMENTS — UNIT 3 D.O.E. PROJECT N0.6803 CITY PROJECT NO. 00483 Addendum No. 1- issue Date: August 13, 2012 Bid Receipt Date: August 30, 2012 This addendum forms part of the contract documents referenced above and modifies the original Contract Documents. Acknowledge receipt of this addendum by signing and attaching it to the Contract Documents (inside). Note receipt of the Addendum in the Bid Proposal and on the outer envelope of your bid. Prospective Bidders are hereby notified of the following: PLEASE MAKE NOTE OF THE FOLLOWING REVISION; SPECIFICATION AND CONTRACT DOCUMENTS. Bid Date has been delayed until {1:30 P.M. CST, Thursday, August 30, 2012}, and bids will be opened publicly and read aloud at 2:00 PM CST in the Council Chambers at 1000 Throckmorton Street Fort Worth, TX 76102. All other provisions of the plans, specifications and contract document for the project which are not expressly amended herein shall remain in full force. Failure to return a signed copy of the addendum wifih the Proposal shall be grounds for rendering the bid non-responsive. A signed copy of this addendum shall be place into the Proposal at the time of submittal. Transportation & Public Works Doug W. Wiersig, P��:-;' Director �a �' =:;, � �, ;,�':� �"� ��� `F, `����:Y,`=�r�F��,; _,.�;u.�`�=t � ���,T,"°, a � ,1.j ;,, `i ;'.;'� ,..t��.=% e�(a`ti3;`', �:; i �:.� i : ��,,�.� �t4:�'�,,,. `ttg> '''�-31�i`.:�;;'v�`���."~ `i t`t�.��:,�.�.��� � '�o� o���� ADDENDUM N0. 1 August 13, 2012. Receipt Acknowledged: � � > �, � � �,N,� � � a... � � � �� � � �,�� > �, ;r, ri City of Fort Worth Transportation & Public Works Department ADDENDUM No. 2 To the Specifications and Contract Documents 17�7:� KINGS OAK CIRCLE AND HALTOM ROAD DRAINAGE IMPROVEMENTS — UNIT 3 D.O.E. PROJECT N0.6803 CITY PR07ECT NO. 00483 Addendum No. 2- Issue Date: August 20, 2012 Bid Receipt Date: August 30, 2012 This addendum forms part of the contract documents referenced above and modifies the original Contract Documents. Acknowledge receipt of this addendum by signing and attaching it to the Contract Documents (inside). Note receipt of the Addendum in the Bid Proposal and on the outer envelope of your bid. Prospective Bidders are hereby notified of the following: QUESTIONS & ANSWERS; • Q; Were soil borings taken for job? • A: No soil boring were taken for this job, Previous contractor in area of Kings Oak Addition reported sandy soil conditions • Q: Is the temporary widening shown on Haltom Road included in Bid Item No. 12? • A: Yes. • Q: Does Kings Oak Circle have permanent asphalt repair? • A: No, only temporary asphalt repair with permanent trench repair is necessary. A separate contract exists to repave the entire project area. • Q: Is it necessary for the 10" waterline repfacement to be so deep? • A: No, the waterline shown on the plans is for reference only. The 10" waterline shall be installed at the standard 48" depth with exception of storm drain crossings. PLEASE MAKE NOTE OF THE FOLLOWING REVISION: SPECIFICA TION AND CONTRACT DOCUMENTS; 00 00 00 — Table of Contents REPLACE THE TABLE OF CONTENTS WITH THE ATTACHED . 00 21 13 — Instructions to Bidders REPLACE THE INSTRUCTIONS TO BIDDERS WITH THE ATTACHED 00 41 00 — Bid Form REPLACE THE BID FORM WITH THE ATTACHED 00 42 43 — Bid Proposal Form ' REPLACE THE BID PROPOSAL FORM WITH THE ATTACHED 00 45 40 — Minority Business Enterprise Goal ADD THE MINORITY BUSINESS GNT�RPRISE GOAL WITH THE ATTACHED ADDENDUM N0, 2 August 20, 2012 �'� �T �o ��r � �.�7 � � 00 52 43 — Agreement REPLACE THE AGR��MENT WITH THE ATTACHED 00 72 00 — General Conditions REPLACE PAGE 29 OF GENERAL CONDITIONS WITH THE ATTACHED All other provisions of the plans, specifications and contract document for the project which are not expressly amended herein shall remain in full force. + Failure to return a signed copy of the addendum with the Proposal shall be grounds for rendering the bid non-responsive. A signed copy of this addendum shall be place into the Proposal at the time of submittal. Receipt Acknowledged: By: �y na-Ese,r itle: i��Cs� v� fi � ��..��� .=.�EOFr���,_ The seal attached to this Addendum was authorized by Travis N. Attanasio P.E., CFM on August 20, 2012 Transportation & Public Works Department Doug W, Wiersig, P.E, Director ADDENDUM N0. 2 August 20, 2012 i' :!� .�k City of Fort Worth Transportation & Public Works Department ADDENDUM No. 3 To the Specifications and Contract Documents FOR KINGS OAK CIRCLE AND HALTOM ROAD DRAINAGE IMPROVEMENTS — UNIT 3 D.O.E. PROJECT N0.6803 CITY PROJECT NO. 00483 Addendum No. 3- Issue Date: August 21, 2012 Bid Receipt Date: August 30, 2012 This addendum forms part of the contract documents referenced above and modifies the original Contract Documents, Acknowledge receipt of this addendum by signing and attaching it to the Contract Documents (inside). Note receipt of the Addendum in the Bid Proposal and on the outer envelope of your bid. Prospective Bidders are hereby notified of the following: PLEASE MAKE NOTE OF THE FOLLOWING REVISION; SPECIFICA TION AND CONTRACT DOCUMENTS; 00 41 00 — Bid Form REPLACE THE BID FORM WITH TH� ATTACHED 00 42 43 — Bid Proposal Form R�PLAC� THE BID PROPOSAL FORM WITH TH� ATTACHED All other provisions of the plans, specifications and contract document for the project which are not expressly amended herein shall remain in full force. Failure to return a signed copy of the addendum with the Proposal shall be grounds for rendering the bid non-responsive. A signed copy of this addendum shall be place into the Proposal at the time of submittal. Receipt Acknowledged: Transportation & Public Works Department Doug W. Wiersig, P.E. _— ""��� Director r ��?:��'�q� r�:�;q�i� �� � .��� �* :' '•, # �....i ...................... r.... � TRAVIS N. ATTANASIO I....:......................:.... �i ,�'•. 98433 +IS�' • <��„€!?SE�''s�� �'F��•• _,� � � .,. y - , . �,,- �,.-_ The seal attached to this Addendum was authorized by Travis N. Attanasio P.E., CFM on August 21, 2012 ADDENDUM N0, 3 August 21, 2012 � � �' � �� � v � �. ��;� �.� mm� City of Fort Worth Transportation & Public Works Department ADDENDUM No. 4 To the Specifications and Contract Documents I��1:3 KINGS OAK CIRCLE AND HALTOM ROAD DRAINAGE IMPROVEMENTS — UNIT 3 D.O.E. PROJECT N0.6803 CITY PROJECT NO. 00483 Addendum No. 4- Issue Date: August 29, 2012 Bid Receipt Date: August 30, 2012 This addendum forms part of the contract documents referenced above and modifies the original Contract Documents. Acknowledge receipt of this addendum by signing and attaching it to the Contract Documents (inside). Note receipt of the Addendum in the Bid Proposal and on the outer envelope of your bid. Prospective Bidders are hereby notified of the following: PLEASE MAKE NOTE OF THE FOLLOWINC REVISION; SPECIFICA TION AND CONTRACT DOCUMENTS; 00 41 00 — Bid Forn� REPLACE THE BID FORM WITH THE ATTACHED 00 42 43 — Bid Proposal Form REPLACE THE BID PROPOSAL FORM WITH THE ATTACHED Clarification Items: Section C: Paving & Drainage Improvements ` Item 11 & Item 48 collectively are considered permanent asphalt repair for Haltom Road Item 12 is considered temporary asphalt repair for Kings Oak Circle CONSTRUCTION DOCUMENTS; Add Sheet 15A — Haltom Road Traffic Control Detour Plan: For ease of consh�uction the City of Fort Worth has recommended that Haltom Road be closed during the construction of the box culvert and waterline located in the Haltom Road right-of-way. Traffic Conhol Plan sheets 16-19 shall become nnll and void and replaced with sheet 15A. Contractor will be responsible for maintaining access to local businesses and residences along Haltom Road during construction. All other provisions of the plans, specifications and contract document for the project which are not expressly amended herein shall remain in full force. Failure to return a signed copy of the addendum with the Proposal shall be grounds for rendering the bid non-responsive. A signed copy of this addendum shall be place into the Proposal at the time of submittal. ADDENDUM N0. 4 August 29, 2012 Fo �T �o R�r � �..� � � Receipt Acknowledged: : //�i s=�4�� � Transportation & Public Works Department Doug W. Wiersig, P.E. _ — "`���� Director � �,�p,�c�,o�.r��,�� � * , � '•.;9. *�I � .TRAVIS N. ATTANASIQ ,r�l ,'ppl.:••.��/8 � E�.: �dcYd , , ,�,y, ` . , . w �.-, The seal attached to this Addendum was authorized by Travis N. Attanasio P.E., CFM on August 29, 2012 ADDENDUM N0, 4 August 29, 2012 � 001113-I INVITATION TO BIDDERS Page 1 of 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 SECTION 00 11 13 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of (Kin,�s Oak Circle and Haltom Road Draina�e Intproventents — Unit 3 City Pro.lect No. 00483 — DOE 6803 ) will be received by the City of Fort Worth Purchasing Office: City of Fort Worth Purchasing Division 1000 Throckmorton Street Fort Worth, Texas 76102 until � 1:30 P.M. CST, Thursday, August 23, 2012}, and bids will be opened publicly and read aloud at 2:00 PM CST in the Council Chambers. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: Approximately 1500 LF 5 foot by 4 foot box culvert, 230 LF 4 foot bv 4 foot box culvert, 640LF 48" RCP, 150LF 42" RCP, 270LF 36" RCP, 40LF 30" RCP, 220LF 24" RCP, 1120LF 10" PVC Water pipe , and various sizes of Storm Drain Curb inlets. PREQUALIFICATION The improvements included in this project must be performed by a contractor who is pre- qualifed by the City at the time of bid opening. The procedures for qualification and pre- qualification are outlined in the Section 00 21 13 — INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained on-line by visiting the City of Fort Worth's Purchasing Division website at http://�-v�-v�-v. Port�-vorth�ov.or<�/purcllasin��/ and clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers on August 7`h, 2012 PREBID CONFERENCE A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following location, date, and time: DATE: August 13`h, 2012 TIME: 3:00 pm PLACE: 1100 Throckmorton St, Conference Room 289 Fort Worth, Texas, 76102 LOCATION: TPW Conference Room CITY'S RIGHT TO ACCGPT OR REJ�CT BIDS City reserves the right to waive irregularities and to accept or reject bids. INQUIRIES All inquiries relative to this procurement should be addressed to the following: CITY OF FORT WORTH Kings Oak Crrcle and Hal�oni Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July l, 201 I 0011 13-2 INVITATION TO BIDDERS Page 2 of 2 1 Attn: J. Felipe Pulido, PE, City of Foi�t Worth 2 Emall: fclr/�e.��ttlicl�rti�fr,i�/iro�•/h��ui�.ur�; 3 Phone: 817.900.8345 5 AND/OR 6 Attn: ANA Consultants, LLC 7 Email: /nu/luirusio�u'u�lullc.cu�u 8 Phone: 817-335-9900 10 ADVERTISEM�NT DATES 11 August 2, 2012 12 August 9, 2012 13 14 15 END OF SECTION CITY OF FORT WORTH Kings Oak Circle and Hnitom Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July I, 20l I 00 21 13 - 1 INSTRUCTIONS TO BIDDERS Page 1 of 9 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS 1. Defined Terms 1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, frm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequali�cation of Bidders (Prime Contractors and Subcontractors) 3.1. All Bidders and their subcontractors are required to be prequalified for the work types requiring prequalification at the time of bidding. Bids received from contractors who are not prequalified (even if inadvertently opened) shall not be considered. 3.2. Each Bidder unless currently prequalified, must be prepared to submit to City within seven (7) calendar days prior to Bid opening, the documentation identifed in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 3.2.1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. CITY OF FORT WORTH Kings Oak Circle mtd Haltom Road Drainage Gnproi�ements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 00483 Revised August 17, 2012 0021 t3-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.3. copies of such repoi�ts 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 specifc 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 discr•epancies in the Conh•act 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. Availabitity of Lands for Worlc, 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 permanent 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 Pat•agraph 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 6. Interpretations and Addenda 50 CITY OF FORT WORTH Kings Onk Circ(e and Halloni Road Drainnge Iniproi�eiiiertts STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. OOd83 Revised August 17, 2012 00 21 13 - 5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Address questions to: City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Attn: J. Felipe Pulido, PE, City of Fort Worth Email: .�ipe.pulido � ortwor�th o� vorg Phone: 817.900.8345 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3. Addenda or clarifications may be posted via Buzzsaw. 6.4. A prebid conference may be heid at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting the requirements of Paragraphs 5.01 of the General Conditions. 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and deliver the complete Agreement within 10 days after the Notice of Award, City may consider Bidder to be in default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all other Bidders whom City believes to have a reasonable chance of receiving the award will be retained by City until final contract execution. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. CITY OF FORT WORTH Kings Oak Circle and Haltom Road Drainage Lnproremenrs STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 00483 Revised August 17, 2012 00 21 13 - 6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 9. Liquidated Damages 2 Provisions for liquidated damages are set forth in the Agreement. 3 4 10. Substitute and "Or-Equal" Items 5 The Contract, if awarded, will be on the basis of materials and equipment described in the 6 Bidding Documents without consideration of possible substitute or "or-equal" items. 7 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or "or- 8 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 9 City, application for such acceptance will not be considered by City until after the Effective 10 Date of the Agreement. The procedure for submission of any such application by Contractor 11 and consideration by City is set forth in Paragraphs 6.OSA., 6.OSB. and 6.OSC. of the General 12 Conditions and is supplemented in Section O 1 25 00 of the General Requirements. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 12-2011 (as amended), the City has goals for the participation of minority business and/or small business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The Bidder shall submit the MBE and SBE Utilization For•m, Subcontractor/Supplier Utilization Form, Prime Contractor Waiver Foi•m and/or Good Faith Effort Form with documentation and/or Joint Venture Form as appropriate. The Forms including documentation must be received by the City no later than 5:00 P.M. CST, fve (5) City business days after the bid opening date. The Bidder shall obtain a receipt from the City as evidence the documentation was received. Failure to comply shall render the bid as non- responsive. 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the City. 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, written in ink in both words and numerals, for which the Bidder proposes to do the work contemplated or furnish materials required. All prices shall be written legibly. In case of discrepancy between price in written words and the price in written numerals, the price in written words shall govern. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. CITY OF FORT WORTH Kings Oak Cii�cle and Halton� Road Di•ainnge b�tproi�e�uents STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 00483 Revised August 17, 2012 1 2 3' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the off cial address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shail be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number, Project title, the name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 14. Modification and Withdrawal of Bids 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. After all Bids not requested for withdrawal are opened and publicly read aloud, the Bids for which a withdrawal request has been properly filed may, at the option of the City, be returned unopened. 14.2. Bidders may modify their Bid by electronic communication at any time prior to the time set for the closing of Bid receipt. C1TY OF FORT WORTH Kings Oak Cn•cle ar:d Halto�ri Road Drarnage briproveraents STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 00483 Revised August 17, 2012 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 15. Opening of Bids 2 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 3 abstract of the amounts of the base Bids and major alternates (if any) will be made available 4 to Bidders after the opening of Bids. 5 6 16. Bids to Remain Subject to Acceptance 7 All Bids will remain subject to acceptance for the time period specified for Notice of Award 8 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 9 City's sole discretion, release any Bid and nullify the Bid security prior to that date. l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by City. City also reserves the right to waive informalities not involving price, contract time or changes in the Work with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of iigures and the correct sum thereof will be resolved in favor of the corr•ect sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested pal�ty to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. City may consider the qualifcations and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those poi�tions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 43 17.3. City may conduct such investigations as City deems necessary to assist in the 44 evaluation of any Bid and to establish the responsibility, qualifications, and financial 45 ability of Bidders, proposed Subcontractors, Suppliers and other persons and 46 organizations to perform and furnish the Work in accordance with the Contract 47 Documents to City's satisfaction within the prescribed time. 48 49 17.4. Contractor shall perform with his own organization, work of a value not less than 50 35% of the value embraced on the Contract, unless otherwise approved by the City. 51 CITY OF FORT WORTH Kings Oak Circ(e m�d Haltoi» Road Drainage bnproreinents STANDARD CONSTRUCT[ON SPECIFICATION DOCUMENTS City Project No. 00483 Revised August 17, 2012 1 2 3 4 5 d 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 002113-9 iNSTRUCTIONS TO BIDDERS Page 9 of 9 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and ' responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by the City. 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement. W ithin 14 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement to City with the required Bonds, Certificates of Insurance, and all other required dacumentation. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH Kings Oak Circle and Haltom Road Drainage Impro>>ements STANDARD CONSTRUCTION SPECIPICATION DOCUMENTS City Froject No. 00483 Revised August 17, 2012 00 35 13 - I CONFLICT O� INTEREST AFFIDAVIT Page 1 of 3 .� 2 3 4 5 6 7 8 9 ]0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2� 28 29 30 31 32 33 34 35 36 SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each 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 Forrn) 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 Sec�•etaiy the required documentation and is eligible to bid on City Work. The referenced forms may be downloaded from the website links provided below. http://www.ethics.state.tx.us/forms/CIQ.pdf http://www. ethics.state. tx,us/forms/CIS. pdf � CIQ Form is on file with City Secreta�y � CIQ Form is being provided to the City Secretaiy [� CIS Form is on File with City Secreta�y � CIS Form is being provided to the City Secretary BIDDER: l�Dnu-f� 2 �' �bns-�►�u c.-�io��l.1� B Company Pa. "�� I 5�-iy g s Address ��t �Jof�►-,, �X `7 (u I Iq � - - City/State/Zip (Please Print) CITY OF PORT WOR'I'H Ki»gs Oak Cirde and Hnl�om Road Drainage Improvements S'I'ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July I, 2011 'I 003513-2 CONFLICT OP INTEREST AFFIDAVIT Page 2 of 3 Ct�NFLICT �3F )NTEREST QUESTIONNAIRE For vendor or otller persan doing busio�ess wiih lacal governmental entity Th4e guesdonnalre reilecta changee mede to thg Iaw by H.9. 1491. Soth Leg., Rs,gular sssalon. This questicr7naire is being fi�e� in arx�rtlance with Chsp'.er 178, Local Cav�mment Code by a perscnwh� has a busirress ret�tianship as defined by Secoon s78.L�71(1-�) vrith a lacal gc,vemrrrEntal eniityar� thf person meets requirem�ncs under.:,ec!ion 178.008(aj. By I,:r�v this questionnaire mu�! t� filed H�th ChE records administrator esf ihe lacal gov�mm�n+.�i enfRy raC iaterthan rhe 7th business d�y after ttre date +he person I�cGmes aware cf facts �hat require th� statEm�n: Cm be filc-�. See Seciion 778.�98, Lacal Govemment �cde. A�erson �mmits �n offense it the person knowingty vioS�tes aection 1?B.Oqd, Lcscai Gavemment Code. An otfiense under this secticcxi is a Class C misdemeanar. Name of person who has a trusiness refakianship with locat gavemmental entity. J��/ f� I l (� Yl/A -�-�-C� ►� ❑ Checkthisboxifyoaarefilinganupdalefoapreviouslyfiledquestionnaire. FORM CIQ �DFFlCE USE O1�LY Date Rxxbea (The law requ+res that ,you file an upaated ct>mpleteri quest+onnaire with the appro�riate fl;ng authority nof later than the 'r th bus n,�ss aay after the date ihe org.n,�=y F:ca questio�naira be�mes incflmp�ete or ;r+ac�rate.y ttame o# local gover�ment officer with whom fiier has employment or busi�ess relatioership. N�me of Gffscer '� This sec#�n {fl�an 3 induding subp3fis rV„ 8, C$ D} mvst be oompieted far each o!ficer wyh whom the fler has � c�nEl�}�rnrnt o€ otl�r tnrsiness relatbnship as denned by Scction 178 ��JS{t-aj, Local Gas�nment Code_ At�h additiona� �ges to ihis Fa•m GIQ as ne�ss�sy. �,. Is Ihe locad g�vemrn�t afficar named in ihis seetion r�7uing ar IiY.ely ta r�ce-ve taxaGle inwrr�e, oEher ihan investrnent ':ncome, from ihe filer ol Che quesdonnaire? a Yes � No 6. Is tlie filer of Ihe questionnaire r�ceivacg cx like�"y ta re+�-ve ta:cab� �rz�om�, ather than in�strnent inconw, irom or at tts� direction af the t�a� g�vemment o�icer namzd in hh� seclion AND th� iaxabie incorr� ;s not receiut{9 from thQ toca! g�vemm�tal entity? � Yes � No �_ fs the file� of i�is quesiionn3're �rnplayed by a r,orporaGon or other business entity w�rth res�ci to w3aich the Ir,c�t gwemm�t o,��ic�r s�rves as a� ofr�r w director, ar holds 3n aw�rship oF 10 pfacent of rr»r�? � YE5 � PIO D. C�escribe each employmeni or business relationship vrith the local goremment officer �amed 'n tias section. gwremm�mal enitty QS � � � �a4� hCag�ietl G€.�29f2007 Cl'I'Y OF FORT WOR�'H STANDARD CONS'I'RUCTION SPECIFICATION DOCUMENTS Revised July I, 201 I Kings Oak Circle and Hnitom Road Drainage hnprovements City Project No. 000483 003513-3 CONFLICT OF INTEREST AFFIDAVIT Page 3 of 3 Lt��,a� �O�%���n��i�� Q������ ����n �� �c����i��� c�is����u�� ��r�r��Er��r (lastn�c�iar:s �crcc,n�pleRing and filir3 this fc�nn are previ�d on Ghe r�ext p.�ge.} Thta ��aUonn�tsa rati�#a cnanges m�na to t�� ta�a� by li.a. tas1, aotn l�g., Re�u�ar S�elon. This is the eotic� to d,e appropaaEe locai gav�emrnenL31 entity .hat the €o;ic:ving la::_al �vtmmznt �ffi�er has b�ame 3v�are aEfacts that require the c€�cer ta Fle this st3ternent �"_'= "==°''� in acr.prda�� with Chapter 173, 1oc31 GcvemmenR Cc�e. 1 Name of lacal Gavernment Officer 7 OFfrce HQid 3 �aame of {zarson descritred by Sections 176.002�aj and 176.003(a}, Local Gavernmenf CodP � Descriptian of the nature and extent of empinyment or other business rela6onship rraith p�rson named in ikem 3 � List giffis aca�pted by the I�cal govemment o�cer and any family member, exoluding gifts described by Sec6on 176.003(a-1), if a0gregatE value of the gifts accepted Erom person rtamed in item 3 exceed �250 during the i2-month period described by Section i 7fi.003(a)�2)�8} Date Girtnccepted Descrip�on oi ��t Ll�te :�i?tkcxpted DFsrtiption o` Gift DatE GiftAceepted Descrpdon ef Git (aitach additional rorms as necess�ryj 6 AFF�A�f(T i sazea� uns�r c�na�ty G per;ury cnat tne a�rve stat�mr�rt �s uuz ��� corect t a;.znar�t� tn�t th�2 aas;+es�re apptlEs to a tamiry rne�r�er (as aenraa ny �eci"an t76.c�]1i2), Lo:,�� GOV2RiCi4Etii C0�'J?; G' tl`�5 E��31 Q6V'eiP3Tt£t1L 09fl�t I 354 e.^.$I70'nie�� Ui3t Wb 6t'aLfPiH51 carers t1tE 12-m4itffl �* r+3tl a?Srx�'Je� ily� �?,.^tlon 1; n.C�]�;a), L�..."-' u'0'e�em�tEttt cotl?. �I�ta�rF ot L�c:� Gc^r�,-rrr�nt bitic� .a=�ix. wor�r�r ��a�aa r ;eA� ac>>�tc ��.vam tu ana sunacn�a� betare me, by the ata ihL Uie aay a! 2c7 ,:a c�ttity'uhlCh. v:Y.nP.s my hsrtl Jr�d ;eal af o!4{tt. c;�na;ure of oP."",�cer stltnlN.!enr.fl o-�N Phnted nsme �t omcer sdmm .tenng wtn T{iic et oficer stlm:nlcterinq oath AtloFtEtl Oo"i24�20C 1 2 END OF SECTION C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revised 7uly 1, 201 I Kings Oak Circle and Haltoni Road Drainage Improvements City Project No. 000483 a+i a mnrou�i Pa� i of ! SECTION 00 4100 ADDENDU�f N4 - BID FORM T0: 9hc Citr Munagcr , do:'ilic Purchasing Department 1000 7Lrockmonon Strcct Ci�y oP Fon lYonh, Tc�as 76102 FOR: Kings Oak Circic and Halrom Road Drainagc ]mpro�•emcnts Ciry� Project No.: 00483 Units/Sections: Unit3 1. EoterintoAgreement The undersigned Biddcr proposes and agrees, if this Bid i: accepted, to enter inro an Agreement with City in ihe fomi inclodcd in the 8idding Documents ro pedortn and Pomish all Work as specified or indicated in the Contrnct Documents for the Bid Price and within the Contract Time indicared in t6is 8id and in accordance with the other terms and wnditions of Uie Contract Documents. 2. DIDDER Acknowledgements nnd Certi6cation 2.1. In submitting this Bid, Bidder accepts all of the termt and wnditions of the INVITATION TO BIDDERS and MSTRUCTIONS TO BIDDERS, inciuding withwt limi�ation those dealing �vith the disposition of Bid Dond. 2.2. Bidder is aware of all wsts to pmvide ihe requin:d insuranw, will do so pending eontract a«�ard, and a•ill provide a valid insutance certificate meeting all requirements �vithin id days of notification of award. 2.3. Bidder certifles that this 6id is genuine and not mado in the Worcst of or on bnhalf of any undiscbsed individual or rntity and is not submi�ted in conformity �vi�h any collusive agreemen[ or mles ofany group, association, organization, or co�poration. 2.d. Oidder has not dirediy or indircetly inducad orsolicited any other Hidder to submit a false or sham Bid. 2S. Oidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in conupt, fraudulent, collusive, or coercive practices in competins forthe Contract. For the puryoses ofthis Paragraph: a. "cortupt practice" means the ofPering, giving, mceiving, or soliciting of any t6ing of value likety to in(luence tNe actlon ofa public official in the bidding process. b. "fraudvlent praaice" means an inttntlonal mistcpresenmtion of facls made (a) Io influence the bidding process ro thc detriment of Citp (b) to zstablish Bid price: at anificial non•competitive level5, or (c) to deprive City of the benefits of frce and open competition. e. "collusive praeNce" means a scheme or artangemrnt b�:n��een n��o or more Biddars, n�ith or �vithout the kno�ricdge of City, a puryose of�rhich is to establish Bid prices at artificial, non-competitive Izveis. d. "co<rcive practice" means harming ar threatening to hatm, dirocdy or indireMly, parsons or �heir propertr to in8uence their participation in the bidding p�nccss or affect the ezecution ofthe Contract. em- oF rvar woxni srAno,�uoco�srai•cnov srec�F�c.�nox uucu>ira-rs OD d I 00 00 43 13 (N142 43_0013 3T OD Ji 12 Uid Pro sai �Vodcbook_Unit 3-Conuactor Fmu R.�iud ]0110631 ' _ _ _ � ��,� �� I11I11()IL\1 Pugc _' ��f _' J. Prequali�icntion 7'he 6idder acknowledges that the following work types must be per(omied only by prcqualificd contractors and subcontr�ctors: a. Stomi Drain b. 1Vater and Sanitary Se�ver c. Conerete Pavement Repair d. Asphalt Pavement Repair J. Timc of Completton 4.1. The �Vork will be complete for Pinal Acceptance within 180 (InCredsed per Addendum it2) days afler the date when the the Conlrac� Time commenees to run as provided in Paragrapl� 2.03 of �he General Condi�iuns. 42. 6idder accepts the provisions of the Agreement as to liquidated damages in the eveN of failure to complete the Nork {and/or achierement of Nlilestones} wi�hin the times specified in the Agreement. 5. Attnched to tl�is Bid 7'he Collowing documenls are atlached lo and made a part of Ihis E3id: a. This Bid ronn b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Parngraph 5.01 of the General Conditions. c. Proposal Pomi Section d. Vendor Compliance �o State Law Non Resident Bidder, Section 00 43 37 c. MNBB Fomis (optional at time of bid) C Prequalification Statemen�, Section 00 45 12 g. Contlicl of Interes[ A(fidari�, Section 00 35 13 h. Any addilional documenls that may be required by Section 12 of the Inslruc�ions to I3idders 6. Total {3id Amuunt 6, I. Qidder will complele the \Vork in accordance with the Contract Docwnents for the following bid amounL In the sp�ce provided below, ple:+se enter the total bid amount for this projece Only Ihis figure will be rcad publicly by the City at �he bid opening. 62. It is understood and agreed by lhe 6idder in signing �his proposal lhat the to�al bid amount entered below is subject to verification and�or modificn�ion by multiplying the unil bid prices for each pay item by the mspective es�imated quantities shown in this proposal and �hen totaling all of the extended amamts. Total6id 5874,315.00 7. 13id Submittnl This Did is submitted on 30-Aug-12 Respectfully subn ' L3y: (Signature) Jenv Cona�scr (Printed Name) TiUe: President Company: Conatser Construction TX, LP Address� PO Box 154A8 �ort No�1h, Te�as 761 19 State of Incoqioration: State Here 8mail: iemCalconatser.com Phonc: (817)534-1743 END OP SECTION �� CITl' cll� I nitT \t'(>NTII \T,\\'ll.\Iill t'<)\STltl'("rl<l\' til'f('IIICATi(�\ Il(]('U,\t1YI'S r„��� ii���n<a zui inez� by the entity named below. Receipt is �cknowledged of Ihe following Addenda: Initial Addendum No.l: Addendum No.2:✓ Addendum No.3: Addendum No.4: Co�porate Seal: 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_6id Propusal \Vorkbook_Unil 3-Contraclor W JI Jl 131� PROroSAL PaEe 1 of I UNIT PRICE COST t'ii\' ot' FUItT \t'Oit f II STA�'I)ANI) CO\>IRIICilO\ 51'FGIFlC�\ IION IX)CU\ILYTS Fomi Nr�ircJ 3�II I�IGI) IM1JI IN1 IN)JJ IJ IN��tJJ IxIJJJ] IN�J513 I3i�ii��eosel\1'urkNua.l UvilJ.fentn�br rwaz» mo rNorosn�. r,�� z �r± UNIT PRICE COST Pmjttl itcin Infomiation �iddcr's Proposal Uldlizl Description Specificntion Sec�im� Na U1°� °� I3id Qnanlih' U�dl Nrice bid Value Ilem No. �leasnre Smnmary ,Cf10N A: WATGR IkiPROVCh1CNTS S52,OJ0.01 �,CTION C PAVING � UI2AMAG8IMPROVEMENTS 5g22,275.M Allernate Cost Total Aitenmte Deductiee Allernate Cost ToIAI OeJuclire eUlenia�e Cost ' ` Additlre Alternate Cost Totai AJditire Allernate Cosl 7'o1a1 Cosl 587J 375.00 CIIY OF FOHT N'ORTII STANf)ARU COVSIRUCTIO\ SPLCIFlCATION [XKV \IL\tS Fo�m Rn��iYJ 3i�11iW11 �NI11 0�l Ixl il 13_ix� t2 3) �Ni J3 ])_�Hi J5 12_11id fh�uenl \t'orkAoot_Unii l.Cuntra�4�e 00 A3 37 VCNDOR COMPLIANCG TO STATB LA\V Pngc 1 0( I SECTION 00 43 37 VENDOR COMPLIANCE TO S"I'ATG LAW NON RESIDEN"I' BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident Uidders. This law provides that, in order to Ue a�varded a contract as lo�v bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of Uusiness are outside the State of Texas) Uid projects for construction, improvements, supplies or services in Texas at an amouut lo�ver than the lowest Texas resident Uidder Uy the same amount that a Texas resident Uidder �vould Ue required to underUid a nonresident Uidder in order to oUtain a comparaUle contract in the State �vhich the nonresident's principal place of business is located. The appropriate blauks in Section A must Ue filled out by all nonresident Uidders in order for your Uid to meet specifications. The failure of nonresident Uidders to do so �vill automatically disqualify that Uidder. Resident Uidders must check the Uox in Section B. A. Nonresident bidders in Uie State of State Here or Blank , our principal place of business, are required to Ue '% Here percent lo�ver dian resident Uidders by State Law. A copy of the statttte is attadied. Nonresident Uidders in tl�e State of State Here or Blank , our principal place of Uusiness, are not required to underbid resident bidders. B. The principal place of business of oia company or our parent company or majority o�vner is in the State of Texas. 0 BIDDGR: Company: Conatser Construction TX, LP Address: PO Box 15448 Fort Worth, Texas 76119 0 By: J on (Signature Tide: President Date: �g I�' a�) c�. U CITl' OP �ORT \VOILTH STANDAIiD CONSTRUCTION SPF.CI�ICATION DOCUn1ENTS �onn Rcvised 201 I0627 END OF SECTION 00 41 00_00 43 13_00 42 43_00 43 37_00 45 I2_6id Proposnl Narkbook_Unit 3-Conh�actor 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 004511-1 BIDDERS PREQUALIFICATIONS Page 1 of 3 SECTION 00 45 11 BIDDERS PREQUALIFICATIONS 1. Summary. All contractors are required to be prequalified by the City prior to submitting bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequaliiication Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder Prequalification Application in accordance with the requirements below. The prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. The information must be submitted seven (7) days prior to the date of the opening of bids. For example, a contractor wishing to submit bids on proj ects to be opened on the 7th of April must file the information by the 31 st day of March in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's Prequalification Application, the following must accompany the submission. a. A complete set of audited or reviewed financial statements. (1) Classified Balance SheeY (2) Income Statement (3) Statement of Cash Flows (4) Statement of Retained Earnings (5) Notes to the Financial Statements, if any b. A certified copy of the firm's organizational documents (Corporate Charter, Articles of Incorporation, Articles of Organization, Certificate of Formation, LLC Regulations, Certificate of Limited Partnership Agreement). c. A completed Bidder Prequalification Application. (1) The firm's Texas Taxpayer ldentification Number as issued by the Texas Comptroller of Public Accounts. To obtain a Texas Taxpayer ldentification number visit the Texas Comptroller of Public Accounts online at the following web address www.window.state.tx.us/taxpermit/ and fill out the application to apply for your Texas tax ID. (2) The firm's e-mail address and fax number. (3) The firm's DUNS number as issued by Dun & Bradstreet. This number is used by the City for required reporting on Federal Aid projects. The DIJNS number may be obtained at www.dnb.com. d. Resumes reflecting the construction experience of the principles of the firm for firms submitting their initial prequalification. These resumes should include the size and scope of the work performed. e. Other information as requested by the City. 2. Prequalification Requirements a. Financial Statements. Financial statement submission must be provided in accordance with the following: (1) The City requires that the original Financial Statement or a certified copy be submitted for consideration. CITY OF FORT WORTH Kings Oak Circle ar:d Haltom Road Drainage Improvenrents STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 t 2 3 4 5 6 7 8 9 00 45 11 - 3 BIDDERS PREQUALIFICATIONS Page 3 of 3 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid the prequalified work types until the expiration date stated in the letter. END OF SECTION CITY OF FORT WORTH Kings Oak Cir•cle and Halton� Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 004512 BID FORM Page 1 of 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder fur a City procurement is required to complete the information below by identifying the prequalified r contra�tors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date �--�� � Conatser Construction TX, LP 4/30/2013 �G v) � j1�+,� Conatser Construction TX, LP 1/5/2013 �1J List work type here or space Company Name Here or space Date Here or space List work type here or space Company Name Here or space Date Here or space The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Company Name Here eOv�cv+Se�C�S+ru,t�iD� �%i?C.j� By: P' ted Name Here.� � C��'�Se►'-' Address Here i�� i¢jDx �jN�(g Address Here or Space � ,�l "� (Signature) City, State Zip Code Here �D�'�W��%� �/' ���1 Title: Title Here 1��'eSid'�h-�-- Date: ('g I 3�� �-0► �. END OF SECTION I � CITY OF FORT WORTH — _ — _ � STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 41 00_00 43 13_00 42 43 00 43 37 00 45 12 Bid Proposal Workbook Unit 3-Contractor f�9 FORTWORTH SECTION 00 45 13 BIDDER PREQUALIFICATION APPLICATION Date of Balance Sheet Name under which you wish to qualify Post Office Box Street Address (required) Telephone , Mark only one: Q Individual Q Limited Partnership Q General Partnership Q Corporation Q Limited Liability Company City State City State Fax Area Code Number Area Code Number Zip Code Zip Code E-mail Address Texas Taxpayer ldentification No. Federal Employers Identification No. DiJNS No. (if applicable) MAIL THIS QUESTIONNAIRE ALONG WITH FINANCIAL STATEMENTS TO: CITY OF FORT WORTH TEXAS 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76 1 02-63 1 1 AND MARK THE ENVELOPE: "BIDDER PREQUALIFICATION APPLICATION" ooas is-2 BIDDER PREQUALIFICATION APPLICATION Page 2 of 8 BUSIN�SS CLASSIFICATION The following should be completed in order that we may properly classify your frm. (Check the block(s) which are applicable - Block 3 is to be left blank if Block 1 and/or Block 2 is checked) �has fewer than 100 employees and/or �has less than $6,000,000.00 in annual gross receipts OR �does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. MAJOR WORK CAT�GORICS Water Department Augur Boring - 24-inch diameter casing and less Augur Boring - Greater than 24-inch diameter casing and greater Tunneling — 36-Inches — 60 —inches, and 350 LF or less Tunneling - 36-Inches — 60 —inches, and greater than 350 LF Tunneling — 66" and greater, 350 LF and greater Tunneling — 66" and greater, 350 LF or Less Cathodic Protection Water Distribution, Development, 8-inch diameter and smaller Water Distribution, Urban and Renewal, 8-inch diameter and smaller Water Distribution, Development, 12-inch diameter and smaller Water Distribution, Urban and Renewal, 12-inch diameter and smaller Water Transmission, Development, 24-inches and smaller Water Transmission, Urban/Renewal, 24-inches and smaller Water Transmission, Development, 42-inches and smaller Water Transmission, Urban/Renewal, 42-inches and smaller 'Water Transmission, Development, All Sizes Water Transmission, Urban/Renewal, All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches — 36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV, 24-inches and smaller CCTV, 42-inches and smaller CCTV, 48-inches and smaller Sewer CIPP, 12-inches and smaller Sewer CIPP, 24-inches and smaller CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED�INSI�:I'."I� RI(VISION I)�\Tli� MAJOR WORK CATEGORIES, CONTINUED Sewer CIPP, 42-inches and smaller Sewer CIPP, All Sizes Sewer Collection System, Development, 8-inches and smaller Sewer Collection System, Urban/Renewal, 8-inches and smaller Sewer Collection System, Development, 12-inches and smaller Sewer Collection System, Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development, 24-inches and smaller Sewer Interceptors, Urban/Renewal, 24-inches and smaller Sewer Interceptors, Development, 42-inches and smaller Sewer Interceptors, Urban/Renewal, 42-inches and smaller Sewer Interceptors, Development, 48-inches and smaller Sewer Interceptors, Urban/Renewal, 48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement, All Sizes Sewer Cleaning , 24-inches and smaller Sewer Cleaning , 42-inches and smaller Sewer Cleaning , All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works 004513-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 Asphalt Paving Construction/Reconstruction (LESS THAN 10,000 square yards) Asphalt Paving Construction/Reconstruction (10,000 square yards and GREATER) Asphalt Paving Heavy Maintenance (UNDER $1,000,000) Asphalt Paving Heavy Maintenance ($1,000,000 and OVER) Concrete Paving Construction/Reconstruction (LESS THAN 10,000 square yards) Concrete Paving Construction/Reconstruction (10,000 square yards and GREATER) Roadway and Pedestrian Lighting CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS �; REVISEDiI �5'�:i��'' �t� F�[Sft:>� � t I�E��:� 004513-4 BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 1. List equipment which you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present business name? List previous business names 3. How many years experience in construction work has your organization had: (a) As a General Contractor: (b) As a Sub-Contractor? 4. *What projects has your organization completed in Texas and elsewhere? LOCATION NAME AND DETAILED CONTRACT CLASS OF DATE CITY-COUNTY- ADDRESS OF OFFICIAL AMOUNT WORIC COMPLETED STATE TO WHOM YOU REFER * If requalifying only show work performed since last statement. If so, where and why? plete a contract? If so, state the name of individual, other organization and reason. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED July l, 2011 004513-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 7. Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? '! the name of individual, name of owner and reason. ,,,� 8. In what other lines of business are you financially interested? If so, state 9. Have you ever performed any work for the City? If so, when and to whom do you refer? 10. Give names and detailed addresses of all producers from whom you have purchased principal materials during the last three ears? NAME OF FIRM OR COMPANY DETAILED ADDRESS 1. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. 12. What is the construction experience of the principal individuals in your organization? YEARS OF PRESENT POSITION CONSTRUCTION MAGNITUDE AND NAME OR OFFICE EXPERIENCE TYPE OF WORK IN WHAT CAPACITY CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED July 1, 2011 00 45 13 - 6 BIDDER PREQUALIFICAT[ON APPLICATION Page 6 of 8 employee, please list the name of the City employee and the relationship. In addition, list any City employee wtio is the se, child, or parent of an owner, officer, stockholder, or director who does not live in the same household but who receives and assistance from that person as a direct result of a documented medical condition. This includes foster children or those ed by adoption or marriage. CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: If a partnership: State of Incorporation State of organization Date of Incorporation Date of organization Charter/F11e Na Is partnership general, limited, or registered limited liability partnership? President Vice Presidents File No. (if Limited Pat�tnership) General Partneis/Officers: Limited Partners (if applicable): Secretary Treasurer LIMITED LIABILITY COMPANY BLOCIC If an LLC: Individuals authorized to sign for partnership: State of Incorporation: Date of Organization: File No. Offcers or Managers (with titles, if any): Except for limited partners, the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised. Should you wish to grant signature authority for additional individuals, please attach a certi6ed copy of the corporate resolution, corporate minutes, partnership agreement, power of attorney or other legal document�tion wliich grants this authority. CITY OF FORT W02TH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED July 1, 20l t 004513-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 14. Equipment � $ J TOTAL BALANCESHEET ITEM QUANTITY ITEM DESCRIPTION VALUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2'7 28 29 30 Various - TOTAL Similar types of equipment may be lumped together. If your frm has more than 30 types of equipment, you may show these 30 types and show the remainder as "various". The City, by allowing you to show only 30 types of equipment, reserves the right to request a complete, detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include, the manufacturer, model, and general common description of each. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED July l, 20l 1 004513-8 BIDDER PREQUALIFICATION APPLICATION Page 8 of 8 BIDDCR PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the fnancial condition of the entity herein first named, as of the date herein first given; that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this repoi�t as wall as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information, while this statement is in force, necessary to verify said statement. , being duly sworn, deposes and says that he/she is the of the entity described in and which executed the foregoing stsatement that he/she is familiar with the boolcs of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this day of , Notary Public Notary Public must not be an of�cer, director, or stocicholder or relative thereof. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED July l, 2011 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 00483 Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to CiTy its subcontractor's certificates of compliance with worker's compensation coverage. �n�v�ru s ��rnA. CONATSER CONSTRUCTION'I'X, LP _ Company P.O. Box 15448 Fort Worth, TX 76119 Address City/State/Zip THE STATE OF TEXAS COUNTY OF TARRANT 0 � By: .I YrY �.�,� �� �r� (Ple " rint) � �,,.-� �' �—? " �_..__ r �,./ % Signature:r.-� j r� ,�� �� �,,,, / _ � Jerry Conatser, President of Conatser Management Group, Inc. G.P. Z'1i18: (Please Print) BEFORE ME the undersigned authority, on this day personally appeared � Y' ���--Q '-- , known to me to be the person whose name is subscribe to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of �,��c,.p r-- (nr��-E-_r ��F,��T.i'��.,j� for the purposes and consideration therein expressed and in the capacity therein stated. �-�►'1 GI N LJNDER MY HAND AND SEAL OF OFFICE this day of �r�.P ,�- , 20� � � l.�-�(/v ' Notary Public in and for the State of Texas 38 END OF SECTION - - ,,,����„ ����,PYPUB��� VIGKI L, OLSO :r°� �� �^`g Notary Pubiic, State of Texas 39 " '�:l�.� My Commission Expires ���;; �o��;;�� Novemb�r 12, 2013 CITY OF FORT WORTH Kings Oak Crrcle and Haltom Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 00 45 40-1 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Paga 1 of 1 1 SECTION 00 45 40 2 MINORITY BUSINESS ENTERPRISE GOAL 3 �Thrs d��crmlc>rr! is !c> hc� �)1'l17lE'C� OJ7 ����rrrk" ��a��c�!' %11 I/S fl17UI f01711% 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is greater than $50,000, then the MBE subcontracting goal 6 may be applicable. If the total dollar value of the contract is $50,000 or less, the MBE 7 subcontracting goal is not applicable. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. MBE PROJECT GOAL The City's MBE goal on this project is 14% of the total bid (Base bid applies to Parks and Communiry Services). Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. COMPLIANCE TO BID SPECIFICATIONS On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are required to comply with the intent of the City's Business Diversity Ordinance by one of the following: 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or 2.. Meet or exceed the above stated MBE goal through MBE Joint Venture participation, or 3. Good Faith Effort documentation, or; 4. Waiver documentation. Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non- responsive. Any questions, please contact the M/WBE Office at (817) 392-6104. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the MBE documentation in person to the appropriate employee of the Managing Departtn,ent and obtain a dateltime receipt. Such receipt shall be evidence that the City received the documentation in the time allocated. A faxed co will not be acce ted. 1. Subcontractor Utilization Form, if goal is met received by 5:00 p.m., five (5) City business days after or exceeded: the bid o enin date, exclusive of the bid o enin date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form, if participation is less than the bid opening date, exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form, if no MBE artici ation: the bid o enin date, exclusive of the bid o enin date. 4. Prime Contractor Waiver Form, if firm will received by 5:00 p.m., five (5) City business days after erform all subcontracting/su lier work: the bid o ening date, exclusive of the bid o ening date. 5. Joint Venture Form, if utilizing a joint venture received by 5:00 p.m., five (5) City business days after to meet or exceed goal. the bid o ening date, exclusive of the bid o ening date. END OF SECTION CTTY OF FORT WORTH Kings Oak Circle and Haltom Road Drainage /mprovements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 00483 Revised August 17, 2012 !�i 00 52 43 - I Agreement Page t of 4 1 2 SECTION 00 52 43 AGREEMENT 3 ; , i : ,.� c; � 4 THIS AGREEMENT, authorized on`"�' ``" ''' `"" is made by and between the City of Forth 5 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 6 ("City"), and Conatser Construction TX, LP, authorized to do business in Texas, acting by and 7 through its duly authorized representative, ("Contractor"). 8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1. WORK 11 12 13 14 IS 16 17 18 Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: King Oak Circle and Haltom Road Drainage Improvements — Unit 3 City Project No. 00483 19 Article 3. CONTRACT TIME 20 21 22 3.1 Time is of the essence. All time limits for Milestones, if any, and Final Acceptance as stated in the Contract Documents are of the essence to this Contract. 23 3.2 Final Acceptance. 24 The Work will be complete for Final Acceptance within 180 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 28 29 30 31 32 33 34 35 36 Contractor recognizes that time is of the essence of this Agreement and that City will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof , Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Four Hundred Twenty & no/100 Dollars ($420.00) for each day that expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH King Oak Crrcle & Hallom Road Drainage Lnprovements — Unit 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Crry Project No. 00483 Revised August 17, 2012 005243-2 Agreement Page 2 of 4 37 Article 4. CONTRACT PRICE 38 City �grees to pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds of Eight Hundred Seventy-Four Thousand Three 40 Hundred Fifteen and no/100 Dollars ($874,315.00). 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 7t 72 73 74 A. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Fortn 2) Vendor Compliance to State Law Non-Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table a Insurance ACORD Form(s) cl. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Commitment Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH King Oak Circle & Haltom Road Drainage hnprovements — Unit 3 STANDARD CONSTRUCTION SPEC[FICATION DOCUMENTS City Project No. 00483 Revised August 17, 2012 75 Article 6. INDEMNIFICATION 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 005243-3 Agreemen[ Page 3 of 4 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 6 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 urovision is specifically intended to operate and be effective even if it is allesed or proven that all or some of the dama�es bein� sou�ht were caused, in whole or in uart, by any act, omission or ne�ligence of the citv. 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 acNons. 6.2 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 atl 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 qrovision is specificallv intended to operate and be effective even if it is alle�ed or proven that ail or some of the damaees being sou�ht were caused, in whole or in nart, bv anv act. omission or neElisence of the city. Article 7. MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 99 have the meanings indicated in the General Conditions. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the City. 103 73 Successors and Assigns. 104 City and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severabiliry. 108 Any provision or part of the Contract Documents held to be unconstitutional, void or 109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all I10 remaining provisions shall continue to be valid and binding upon CITY and 111 CONTRACTOR. 112 7.5 Governing Law and Venue. t 13 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 115 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH King Oak Circle & Haltom Road Drainage bnprovements — Unit 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Crry Project No. 00483 Revised August 17, 2012 00 52 43 - 4 Agreement Page 4 of 4 116 7.6 Other Provisions. 117 , The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 118 classified, promulgated and set out by the City, a copy of which is attached hereto and 119 made a part hereof the same as if it were copied verbatim herein. 120 7.7 Authority to Sign. 121 122 123 124 125 126 127 128 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS W�IEREOF, City and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties ("Effective Date"). Contractor: CONATSER CONSTRUCTION TX, LP ,i i' B: �`�� � ._ � �'� / (Signature) �i''� ". Jerry Conatser, President of C�natser Management Group, Inc. G.P. 129 130 131 132 133 134 135 136 137 138 Address: (Printed Name) City of Fort Worth By: /G�z.....�lo G-�_—. Fernando Costa Assistant City Manager _,,,�,�.�,,,, City/State/Zip: Approved as to Form and Legality; C7�f � 3� ��a�� �n� r�u.l� Yti � lC►��� Date �/'�Douglas W. Black � Assistant City Attorney 'PROVAL RECOMMENDED: lc,� . �,,1- �, — — - ---- — �OFFICIAL RECOR� CIiY SECRETARI( �T. VIIORTH, T� �:_�:..�__� —�_--_.�-____. Douglas�. Wiersig, P.E. Transportation and Public Works CITY OF FORT WORTH STANDA[tD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 Krng Oak Cirde & Hallont Road Drainage Lnprovements — Unil 3 City Project No. 00483 P.O. Box 15448 M&C C_ 2S � U! S Fort Worth, TX 76119 Date: � 00 6l 13 - l PERFORMANCE BOND Page l of 2 �+ 1 2 3 4 5 6 7 SECTION 00 61 13 PERFORMANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT BOND N0: 022041480 § § KNOW ALL BY THESE PRESENTS: § 8 That we, CONATSER CONSTRUCTION TX, LP, known as "Principal" herein and 9 LIBEKTY MUTUAL INSURP,N(:E C�ANY , a corporate surety(sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of Texas, known as "City" herein, in the penal sum of, EIGHT HUNDRED 13 SEVENTY-FOUR THOUSAND THREE HUNDRED FIFTEEN AND NO/100 DOLLARS 14 ($874,315.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 15 Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, 16 executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City y `�i.i' �, i r'''11 y 18 awarded the da of �`' , 20� which Contract is hereb 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 King Oak Circle and HaCtom Road 22 Drainage Improvements — Unit 3, City Project No. 0048. 23 24 25 NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and 26 faithfully perfortn the Work, including Change Orders, under the Contract, according to the plans, 27 specifications, and contract documents therein referred to, and as well during any period of 28 extension of the Contract that may be granted on the part of the City, then this obligation shall be 29 and become null and void, otherwise to remain in full force and effect. 30 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 31 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 32 Worth Division. CITY OF FORT WORTH King Oak Circle & Haltorn Road Drainage bnprovenrenJs — Unit 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. OO�f83 Revised July ll, 20l 1 00 61 l3 - 2 PERFORMANCE BOND Page 2 of 2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 's' E� �� '�� �:i ; day of , 20 ATTEST: (Principal) Secretary ��� �l �L �� Wifiess as to Principal -�c���� Witness as t Surety Carolyn Maples PRINCIPAL: Conatser Construction TX LP BY: .� '�'� __. Signature Jerry Conatser, President of Conatser Management Group, Inc., GP Name and Title Address: P. 0. Box 15448 Fort Worth, TX 76119 SURETY: Liberty Mutual Insurance Campany BY: S' nature Glenna S. Davis Attorney—in—Fact Name and Title Address: 175 Berkeley Street Boston, MA 02117 Telephone Number: 972-233-9588 *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 King Oak Circle & Haltom Road Drainage Lnprovements — Unrt 3 STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS Ciry Projecl No. 00483 Revised July 11, 2011 00 61 14 - 1 PAYMENTBOND Page I of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 61 14 PAYMENT BOND § § § BOND N0: 0224'+ 1480 KNOW ALL BY THESE PR�SENTS: That we, Conatser Construction TX, LP, known as "Principal" herein, and Liberty Mutual Insurance Company , a corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of EIGHT HiTNDRED SEVENTY-FOUR THOUSAND THREE HLTNDRED FIFTEEN AND NO/100 DOLLARS ($874,315.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: 18 WHEREAS, Principat has entered into a certain written Contract with City, awarded the �'��i; % 1ti ; `;; . 19 day of , 20 . which Contract is hereby referred to and 20 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 21 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 22 said Contract and designated as King Oak Circle and Haltom Road 23 Drainage Improvements — Unit 3, City Project No. 0048. 24 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 25 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 26 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 27 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 28 force and effect. 29 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 30 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 31 accordance with the provisions of said statute. CITY OF FORT WORTH King Oak Crrcle & Haltom Road Drainage Lnprovemenls — Unit 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Ciry Praject No. 00483 Revised July l, 2011 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 �� �.�' ;�' ;. ) j j ��ay of 3 , 20 4 ATTEST: (Principal) Secretary �I . ��,��'�vl� i'l�t�� �i� ( Witness as to Principal ATTEST: S 6 7 8 9 10 (Surety) Secretary a Witness as to urety Carolyn Maples PRINCIPAL: Conat.ser Construction TX, LP BY: ' / ___ . �, t re " } � Jerry Conatser, President of Conatser Management Group,Inc., GP Name and Title Address: P• 0. Box 15448 Fort Worth, TX 76119 SURETY: Libertp Mutual Insurance Company BY. igta ture Glenna S. Davis AtYorney-in-Fact Name and Title Address: ]75 Berkeley Street Boston, MA 02117 Telephone Number: 972-233-9588 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided, The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 CITY OF FORT WORTH King Oak Circle & Nalfom Road Drai�rage Improve�nents — Uni13 STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS City Project No. 00483 Revised July 1, 20l l II i 00 61 19 - l MAINTENANCE BOND Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 THE STATE OF TEXAS COUNTY OF TARRANT B(�ID N0: 0220!+ 1480 SECTION 00 61 19 MAINTENANCE BOND § § KNOW ALL BY THESE PRESENTS: § That we Conatser Construction TX, LP, known as "Principal" herein and Libertv Mutual Insurance Campanv , a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the sum of EIGHT HUNU1tED S�VEI�1T�'�FOUR THOUSAND TH�tEE �IUNDRED FIF'�EEN AND NO/100 DOLLARS ($874,315.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 19 WHEREAS, the Principal has entered into a certain written contract with the City awarded �r � � ^ 20 the day of �� �' `� il �'� i%' , 20 , which Contract is hereby 2l 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 EIGHT HUNDRED SEVENTY- 25 FOUR THOUSAND THREE HUNDRED FIFTEEN AND NO/100 DOLLARS 26 ($874,315.00); and 27 28 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 29 accordance with the plans, specifications and Contract Documents that the Work is and will 30 remain free from defects in materials or workmanship for and during the period of two (2) years 31 after th� date of Finat Acceptance of t�ie Work t�y the City ("Maintenance Period"); and 32 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 King Oak Cirde & Haltom Road Drainage /mprovements — Unit 3 City Project No. 00483 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 IS 16 17 18 19 20 21 22 00 61 19 - 2 MAINTENANCE BOND Page 2 of 3 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the City of the need therefore at any time within the Maintenance Period. NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH King Oak Circle & Ha/tom Road Drainage Impravements — Unrt 3 STANDARD CONSTRUCTION SPECIFICAT[ON DOCLIMENTS City Project No. 00483 Revised July 1, 2011 00 61 19 - 3 MAINTENANCE BOND Page 3 of 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrament by duly authorized agents and officers on this the day of `>F.f' % <i l01 20 ATTEST: (Principal) Secretary i2_ ��,� ��,� �.�,�� Witness as to Principal ATTEST: (Surety) Secretary Witness as Surety PRINCIPAL: Conatser Construction TX, LP BY: / �. � ignature r� / Jerry Conatser, President of Conatser Mana�ement Group, Inc., GP Name and Title Address: P• 0. Box 15448 Fort Worth, TX 7611 SURETY: Liberty Mutual Insurance Ccxnpany BY: Si nature Glenna S. Davis Atitornev-in-Fact Name and Title Address: 175 Berkelev Srreet Boston, MA 02117 Telephone Number: 972-233-9588 Carolyn Ma les *Note: l�f 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 King Oak Circle & Haltom Road Drainage Improvements — Unrt 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 00483 Revised July l, 2011 �. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4952782 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to ard by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint GREG A. WILKERSON, GLENNA S. DAVIS, CATHY VINSON, CAROLYN MAPLES, JOHN R. WILSON, ALL OF THE CITY OF FORT WORTH, STATE OF TEXAS ............................................... ................................................................................................................................................................................................................................................................................. , each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behaif as surety and as its act and deed, any and ail undertakings, bonds, recognizances and other surety obligations in the penai sum not exceeding ONE HUNDRED MILLION AND 00/100'*""•"•'*"**"*""`**"*"*""**"*`""*"'**'*'****"**"*"*"" DOLLARS ($ 100,000,000.00*"*""*`*'**"'**""***' ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-1aw and Authorization: ARTICI E XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys- in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manuaily affixed. � � a� C .N � � C ', Pursuant to Article XII I, Section 5 of the By-Laws, David M. Carey, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized � � #o appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety t� � any and all undertakings, bonds, recognizances and other surety obligations. � W G � That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. p Q, IN WITNESS WHEREOF, this Power ofAttorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty ,a M Mutual Insurance Company has been affixed thereto in Piymouth Meeting, Pennsyivania this day of 27th day of October , �� 2011 d C LIBERTY MUTUA� INSURANCE COMPANY 3� ,. � � �, ; { tl� � n. � ; r gy r � o David M. Carey, Assistant Secretary ,'�' ai COMMONWEALTH OF PENNSYLVANIA ss �� COUNTY OF MONTGOMERY ,� d �3 On this 2�th day of October 2011 , before me, a Notary Public, personally came David M. Carev, to me known, and ��y � acknowiedged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed > the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said �� corporation. � � _ N IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed my notarial seai at Plymouth Meeting, Pennsylvania, on the day and year �� first above written " �� � � � � � �� � � � ' _ , � � Oo � � � � � BY ,1��� 1�.������C�J � cr�C , Tere'sa Pastella, Notary Public CERTIFICATE I, the undersigned, Assistant'Secret�ry of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a fuli, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seai of the said company, this 25th day of ���� � —20.12—• �''�' Gregory W� Davenport, Assistant Secretary wr � ,����- r'. � i . �. " ' TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT: You may write to Liberty Mutual Surety at: Liberty Mutuai Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: htt J/wiwv��,tc�i.�t�t�.tx.u� E-mail: C�onaumerPrr�te�k�c�r�(�t�i �t�t�.tac,��� �remium or Claim Disputes Should you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Attach This Notice To Your Policy: This notice is for information only and does not become a part or condition of the attached document. LMIC-3500 Page 1 of 2 Rev. 7.1.07 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 ............................................................................................................................... l 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 At•ticle 3— Contract Documents: Intent, Amending, Reuse ............................................................................ 8 3 .O 1 Intent .............................................................................................................................................. 8 3.02 Reference Standards ......................................................................................................................9 3.03 Reporting and Resolving Discrepancies .......................................................................................9 3.04 Amending and Supplementing Contract Documents .................................................................10 3.05 Reuse of Documents ...................................................................................................................10 3.06 Electronic Data ............................................................................................................................ l l Article 4— Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points ........................................................................................................... l l 4.01 Availability of Lands ..................................................................................................................11 4.02 Subsurface and Physical Conditions ..........................................................................................12 4.03 Differing Subsurface or Physical Conditions .............................................................................12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 4.06 Hazardous Environmental Condition at Site ..............................................................................14 Article 5— Bonds and Insurance .....................................................................................................................16 5.01 Licensed Sureties and Insurers ...................................................................................................16 5.02 Performance, Payment, and Maintenance Bonds .......................................................................16 5.03 Certificates of Insurance .............................................................................................................16 5.04 Contractor's Insurance ................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace ...........................................................19 Article 6 — Contractor's Responsibilities ........................................................................................................19 6.01 Supervision and Superintendence ...............................................................................................19 CITY OF FORT WORTH STANDARD CONST2UCT[ON SPECIFICATION DOCUMENTS Revised: November 9, 201 I 6.02 6.03 6.04 6.05 6.06 6.07 6.08 6.09 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 Labor; Working Hours ................................................................................................................20 Services, Materials, and Equipment ...........................................................................................20 •Project Schedule ..........................................................................................................................21 Substitutes and "Or-Equals" .......................................................................................................21 Concerning Subcontractors, Suppliers, and Others ....................................................................24 WageRates ..................................................................................................................................25 PatentFees and Royalties ...........................................................................................................26 Permitsand Utilities ....................................................................................................................27 Lawsand Regulations .................................................................................................................27 Taxes...........................................................................................................................................28 Useof Site and Other Areas .......................................................................................................28 RecordDocuments ......................................................................................................................29 Safetyand Protection .................................................................................................................. 29 SafetyRepresentative ..................................................................................................................30 Hazard Communication Programs .............................................................................................30 Emergencies and/or Rectification ...............................................................................................30 Submittals .................................................................................................................................... 31 Continuingthe Work ...................................................................................................................32 Contractor's General Warranty and Guarantee ..........................................................................32 Indemnification.........................................................................................................................33 Delegation of Professional Design Services .............................................................................. 34 Rightto Audit .............................................................................................................................. 34 Nondiscrimination....................................................................................................................... 35 Article7- 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 Worlc ...............................................................................................38 10.02 Unauthorized Changes in the Worlc ............................................................................:..............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 Worlc; Plans Quantity Measurement ...................... 41 11.01 Cost ofthe Worlc .........................................................................................................................41 11.02 Allowances .................................................................................................................................. 43 11.03 Unit Price Work ..........................................................................................................................44 11.04 Plans Quantity Measurement ......................................................................................................45 Article 12 - Change of Contract Price; Change of Contract Time .................................................................46 12.01 Change of Contract Price ............................................................................................................46 12.02 Change of Contract Time ............................................................................................................47 12.03 Delays .......................................................................................................................................... 47 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work ...........................................................................................................................48 13.03 Tests and Inspections .................................................................................................................. 48 13.04 Uncovering Worlc ........................................................................................................................49 13.05 City May Stop the Worlc .............................................................................................................49 13.06 Correction or Removal of Defective Worlc ................................................................................ 50 13.07 Correction Period ........................................................................................................................ 50 13.08 Acceptance of Defective Worlc ................................................................................................... 51 13.09 City May Correct Defective Worlc ............................................................................................. 51 Article 14 - Payments to Contractor and Completion .................................................................................... 52 14.01 Schedule of Values ......................................................................................................................52 14.02 Progress Payments ...................................................................................................................... 52 14.03 Contractor's Warranty of Title ................................................................................................... 54 14.04 Partial Utilization ........................................................................................................................55 14.05 Final Inspection ...........................................................................................................................55 14.06 Final Acceptance .........................................................................................................................55 14.07 Final Payment ..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release ........................................................56 14.09 Waiver of Claims ........................................................................................................................ 57 Article 15 - Suspension of Work and Termination ........................................................................................ 57 15.01 City May Suspend Work .............................................................................................................57 15.02 City May Terminate for Cause ................................................................................................... 58 15.03 City May Terminate For Convenience .......................................................................................60 Article 16 - Dispute Resolution ...................................................................................................................... 61 16.01 Methods and Procedures .............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 201 l Article17 — Miscellaneous .............................................................................................................................. 62 17.01 Giving Notice ..............................................................................................................................62 17.02 eComputation 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, 20ll 00 72 00 - 1 GENERAL CONDITIONS Page 1 of62 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. Agreemerrt—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payn�ent—The form acceptable to City which is to be used by Contractor during the course of the Worlc 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 matet•ial 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 foim setting forth the prices for the Worlc to be perfoimed. 7. I3idder—The individual or entity who submits a Bid directly to City. 8. Bidding Documehts—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. Baisi�ess 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. Bzizzsaw — City's on-line, electronic document management and collaboration system. 12. Cale�dar 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 oo�zoo-z 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. Ciry— 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 Worlc 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. Ciry 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 Ciiy 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 007200-3 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 Commz�niry Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Woi�th, 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 Parblrc Works — The officially appointed Director of the Transportation Public Worlcs 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 Depat�tment of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 32. Drawings—That pai�t 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 necessaty 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 SPECIFICAT[ON DOCUMENTS Revised: November 9, 20l I 007200-4 GENERA� 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. Pla�s — See defnition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 �z oo - s 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 Worlc within the Contract Time. 52. Project—The Worlc 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. Regarlar Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Worlc 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 Valzres—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Worlc and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the 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. Specifrcations—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 CONS'PRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-6 GENERAL CONDITIONS Page 6 of 62 (i3. 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 oo�aoo-� 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 Ciry. 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 refet•red 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 Worlc 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 industiy 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 Conamenceme�t 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 SPECIFICAT[ON DOCUMENTS Revised: November 9, 20l I 00�2oo-s GENERAL CONDITIONS Page 8 of 62 2.03 Starcing the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Worlc shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3— CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereo fl to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shali," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-9 GENERAL CONDITIONS Page 9 of 62 section. The Contractor shall not talce advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be t•esponsible to coordinate the entire Wot•lc under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shail mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be othet�wise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directois, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undet�take responsibility inconsistent with the provisions of the Contract Documents. 3.03 Repo�°ting and Resolving Discrepancies A. Reporting Discrepancies: Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and checic and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Co�tract Documents During Performance of Work: If, during the performance of the Worlc, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation ,(b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Worlc affected thereby (except in an emet•gency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS Revised: November 9, 2011 00 �2 00 - � o 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 talce 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 thereo fl prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 oonoo-il GENERA� CONDITIONS Page 11 of 62 B. The prohibitions of this Paragraph 3.05 will survive final payment, ot• termination of the Contract. Nothing herein shall preclude Contractor from t�etaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party malces 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; REF�RENCE 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 pet•manent 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 i•elocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 12 GENERAL CONDITIONS Page 12 of 62 C. C;ontractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsairface and Physical Conditiorrs A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the , accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 20I 1 00 72 00 - 13 GENERAL CONDITIONS Page 13 of62 then Contractor shall, promptly after becoming aware thereof and before furthet• disturbing the subsurface or physical conditions or performing any Worlc in connection therewith (except in an emeigency 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 Facidities A. Shown or Indicuted: 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: l. 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 fi•om 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 C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 14 GENERAL CONDITIONS Page 14 of 62 � Work in connection therewith (except in an emergency as required by Paragraph 6.1'7.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 o� Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, '- directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200- l5 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 Conh•actor is responsible. D. If Contractor encountet•s 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 talce 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 Worlc under such special conditions, then City may order the portion of the Worlc that is in the area affected by such condition to be deleted fi•om 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 indemn� arrd hold harnaless City, from and against all claims, costs, losses, and damages (includi�g but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispzrte resolutio� costs) arising out of or relating to a Hazardous Environmental Conditzon created by Contractor or by anyone for whom Contractor is respo�sible. Nothing in this Paragraph 4.06.G shall obligate Co�tractor to indemn� any individual or entity from and against the conseqz�ences of that individual's or e�tity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 16 GENERA� CONDITIONS Page 16 of 62 ARTICLE 5— BONDS AND INSURANCE 5.01 Licensed Sureties and InsuNers 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 Supplementaiy 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 shali 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 Certiftcates 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. l. The certificate of insurance shall document the City, and all identifed entities named in the Supplementary Conditions as "Additional Insured" on all liability policies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 201 I 00 �a oo - i � GENERAL CONDITIONS Page 17 of 62 2. The Contractor's general liability insurance shall include a, "per projecY' or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The cei�tificate 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 worlcers' 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 r•ating 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 nu(lify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS Revised: November 9, 20l 1 00 72 00 - 18 GENERAL CONDITIONS Page 18 of 62 ` 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' Liabiliry. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance ' shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services . Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - l9 GENERAL CONDITIONS Page 19 of 62 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 foilowing the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liabiliry. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the worlc, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liabidity. If any of the work or any warranty work is within the limits of raiiroad 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 Acceptahce of Bonds and I�surance; 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 staet 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 a�d Superirrtende�ce A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00�2oo-Zo GENERAL CONDITIONS Page 20 of 62 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 Weelcend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full ' responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDA2D CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-21 GENERAL CONDITIONS Page21 of62 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 instiuctions 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 specifed. 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. Conh•actor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification O1 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and "Or-EqZrals " 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, ot• "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-Eqzial" 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.OS.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 oonoo-22 GENERAL CONDITIONS Page 22 of 62 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.OS.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 Ol 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; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 23 GENERAL CONDITIONS Page 23 of 62 c) whether incorpot�ation or use of the pr•oposed substitute item in connection with the Worlc is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item fi�om that specified; b) available engineering, sales, maintenance, repair, and replacement services; and 4) shail 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.OS.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.OS.A and 6.OS.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 perfoimance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indenanify and hold harmless City and anyone directly or indirectly employed by them fi�orn and agai�st any and all claims, damages, losses and expe�ses (i�cluding attorneys fees) arising out of the use of sz�bstituted nzaterials or equipme�t. E. Ciry's Cost Reimbursen�ent: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.OS.A.2 and 6.OS.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the pc•ovisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor's Expe�se: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 201 I 00 �a oo - � General Conditions Page 24 of 63 G. City Substitute Reinlbursement: 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 Subcorrtractors, 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. Business Diversity Enterprise Ordinance Compliance: It is City policy to ensure the full and equitable participation by Minority and Small Business Enterprises (MBE)(SBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MBE and/or SBE goal, Contractor is required to comply with the intent of the City's Business Diversity Ordinance (as amended) by the following: 1. Contractor shall, upon request by the City, provide complete and accurate information regarding actual work performed by a MBE and/or SBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MBE without written consent of the City. Any unjustiiied change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MBE and/or SBE. Material misrepresentation of any nature may 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 SPECIFCATION DOCUMENTS Revision: August 17, 2012 00 �z oo - 2s GENERAL CONDITIONS Page 25 of 62 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; noc• 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or othec• individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Worlc performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Suppliet• to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalry for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations a�d City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an a(leged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initia( determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-26 GENERAL CONDITIONS Page 26 of 62 D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worlcer, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worlcer does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the l lth day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Mairrtained. The Contractor and each Subcontractor shail, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws a�d Regtilations, Contractor shall indemn� and hold harnaless City, from and against all claims, costs, losses, arrd 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 ottt of or relating to any infringenaent of patent rights or copyrights incident to the use in the performance of the Work or resulting from CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 �2 00 - a� GENERAL CONDITIONS Page 27 of 62 the incorporation in the Work of any invention, design, process, prodztct, or device �ot specified in the Contract Documents. 6.09 Permits and Utilities A. Co�tractor 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 necessaiy for the prosecution of the Worlc which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained pernzits and lice�ses. 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 fot• 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 Regulatiohs 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 Icnowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 rT I �� �2 �� - 28 GENERAL CONDITIONS Page 28 of 62 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 cei�tificate 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. htt��://ww�-v.window.state.tY.us/taxinfo/taxforms/93-forms.html 6.12 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 LJ 00 72 00 - 29 GENERAL CONDITIONS Page 29 of 62 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. Pzrrsarant to Paragraph 6.21, Contractor shall indemnify a�d hold harn�less City, fi•om and against all claims, costs, losses, a�d damages arising out of or relating to any claim or action, legal or equitable, brought by any such owher or occupant agai�st Ciry. B. Removal of Debris During Performa�ce of the Work: During the progress of the Work Contractor shall lceep 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 Clearring: 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 talce 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 Worlc Contractor• shall remove fi�om 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 pat�t 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, Speci�cations, 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 Worlc. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 20ll 00 72 00 - 30 GENERAL CONDITIONS Page 30 of 62 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 Worlc may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific 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 5afety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazard CommZtnication 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 Rectiftcation A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-3I GENERA� CONDITIONS Page 31 of 62 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 talcen by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Conh•actor fail to respond to a request fi•om the City to rectify any discrepancies, omissions, or correction necessary to conform with the requit•ements 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 confotmance with the design concept shal( 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 talce responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. CITY OF FORT WORTH STANDARD CONST2UCT[ON SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 32 GENERA� CONDITIONS Page 32 of 62 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. 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 Ol 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 a11 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 entitied to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: abuse, modification, or improper maintenance or operation by pet•sons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-33 GENERAL CONDITIONS Page 33 of 62 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 Worlc that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Worlc 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 cet�tificate 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 Worlc and pay for any damage to other work or propet�ty resulting therefi•om which shall appear within a period of two (2) years fi�om the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and suffcient 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 inctude, 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 worlc and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS Revised: November 9, 20l l 00 72 00-34 GENERAL CONDITIONS Page 34 of 62 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 6.22 Delegatiorr 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 Worlc 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 shali 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 boolcs, documents, papers, and records of such Subcontractor, involving transactions to ' the subcontract, and further, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-35 GENERAL CONDITIONS Page 35 of 62 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 Nondiscrimi�ation 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 Supplementaiy Conditions for any project receiving Federal assistance. ARTICLE 7— OTHER WORK AT THE SITE 7.01 Related Wo�k at Site A. City may perfotm 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 worlc performed by utility owners. If such other work is not noted in the Contract Documents, then wt•itten notice thereof will be given to Contractor prior to starting any such other worlc; 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 malce its several parts come together and properly integrate with such other work. Contractor shail 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 Worlc 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 worlc that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-36 GENERAL CONDITIONS Page 36 of 62 %.OZ COO7"C�ZY1C7t10Y1 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 specifc matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities wiil 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 Contr�actor 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 malce 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 I�spections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 37 GENERAL CONDITIONS Page 37 of 62 8.07 Limitatio�s o� City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Worlc. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 U�disclosed Hazardous Enviro�mental Co�dition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set foi�th 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 Paragt•aph 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 repi•esentative 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 Worlc. 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 Worlc will conform generally to the Contract Documents. B. City's Pc•oject Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set fot�th in Paragraph 8.07. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-38 GENERAL CONDITIONS Page 38 of 62 9.03 Autliorized 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 compieted 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 actuai 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 Docunzents 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 worlc. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 39 GENERAL CONDITIONS Page 39 oF62 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 worlc performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Executio� 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.O1.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 Worlc, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the worlc after making written request for written orders and shall keep accurate account of the actual reasonable cost thereo£ Contract Claims regarding Extra Worlc shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be 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 Icnown, 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 Extc•a Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 201 I 00 72 00 - 40 GENERAL CONDITIONS Page 40 of 62 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 malcing the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant's last submittal (unless Contract allows additional time). C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-41 GENERAL CONDITIONS Page 41 oF62 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 Ar�ticle 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 exciuded in Paragraph 11.O1.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Worlc 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: l. 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 Worlc shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% marlcup, or b. salaries and wages plus the cost of 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' feld services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS Revised: November 9, 201 l 00 72 00 - 42 GENERAL CONDITIONS Page 42 of 62 �. Payments made by Contractor to Subcontractors for Worlc 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 shali 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 Worlc. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 20l I 00 72 00-43 GENERAL CONDITIONS Page 43 of 62 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, timelceepers, clerlcs, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Worlc and not specifically included in the agreed upon schedule of job classifcations referred to in Paragraph I 1.O1.A.1 or specifically covered by Paragraph 11.O1.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 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 icind. C. Contractor's Fee: When all the Worlc is performed on the basis of cost-phis, 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 deteimined as set forth in Paragraph 12.O1.C. D. Docume�tation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.O1.A and 11.O1.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre-bid Allowances: 1. Contractor agrees that: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2evised: November 9, 20l l 00 72 00-44 GENERAL CONDITIONS Page 44 of 62 ` 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 Worlc 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 classiiications 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 ii l. 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 Qarantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CITY OF FORT WORTH STANDARD CONSTRUCT[ON SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 45 GENERAL CONDITIONS Page 45 of 62 2. If the changes in quantities or alterations significantly change the character of worlc, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of worlc occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of worlc 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 wot•lc 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 Qua�rtity Measurement A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under "Price and Payment Procedures" varies by mot�e than 25°/o (or as stipulated under "Price and Payment Procedures" for specifc Items) from the tota( estimated quantity foY� an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized worlc done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to 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 fnal quantity as a plans quantity. CtTY OF FORT WORTH STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS Revised: November 9, 201 l 00 72 00-46 GENERA� CONDITIONS Page 46 of 62 E. For callout work or non-site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: l. 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 mutualiy agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.O1.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.O1.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.O1.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.O1.A.1, 11.O1.A.2. and 11.O1.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.O1.A.4 and 11.O1.A.5, the Contractor's fee shall be five percent (5%); 1) where one or more tiers of 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.O1.C.2.a and 12.O1.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-47 GENERAL CONDITIONS Page 47 of 62 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.O1.A.1 and 11.O1.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of fve percent (5%) of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.O1.A.6, and 11.O1.B; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of 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 Worlc 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 Worlc 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 ownei•s 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 Worlc, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. CITY OF FORT WORTH STANDARD WNSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-48 GENERA� CONDITIONS Page 48 of 62 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 thereo� to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a"fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 201 ] 00 72 00 - 49 GENERAL CONDITIONS Page 49 of 62 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 worlc 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 Worlc for observation. F. Uncovering Worlc 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 specifc 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 Worlc be obseived by City or• inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise malce available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of worlc of others); ot• City shall be entitled to accept defective Worlc in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Conh�act 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 Worlc is defective, or Contractor fails to supply suffcient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 20l 1 00 �z oo - so GENERA� CONDITIONS Page 50 of 62 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 promptiy comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-51 GENERAL CONDITIONS Page 51 of 62 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 fi•om an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Worlc 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 fling a Contract Claim, pursuant to Pat•agraph 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 Acceptahce of Defectrve 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, attot•neys, and other professionals and all coui�t or other dispute resolution costs) attributable to City's evaluation of and detet•mination to accept such defective Worlc and for the diminished value of the Worlc to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessaiy t•evisions 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 Ciry May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to cort•ect 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 Contcactor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paeagraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 201 l 00�2oo-s2 GENERA� CONDITIONS Page 52 of 62 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 Worlc 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 fiiled 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 inciude an ' affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-53 GENERAL CONDITIONS Page 53 of 62 B. Review ofApplicatio�s: 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 Worlc has progressed to the point indicated; b. the quality of the Worlc is generally in accot•dance with the Contract Documents (subject to an evaluation of the Worlc 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 Wot•lc 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 checic the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Worlc in progress, or involved detailed inspections of the Worlc 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 per•foimance of the Worlc. 4. City may refuse to process the whole or any pal�t of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revolce any such payment previously made, to such extent as may be necessary to protect City fc•om loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 54 GENERAL CONDITIONS Page 54 of 62 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 Dan�ages. 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 malce 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 a 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 Cont�actor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-55 GENERAL CONDITIONS Page 55 of 62 14.04 Partial Utilization A. Prior to Final Acceptance of all the Worlc, City may use or occupy any substantially completed part of the Work which has specifically been identifed in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Worlc 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.OS.A.1, City and Contractor shall make an inspection of that pai�t of the Worlc 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 Fi�allnspectio� 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 particulat•s 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 wil( issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-56 GENERAL CONDITIONS Page 56 of 62 14.07 Findl 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 signifcantly delayed, and if City so confirms, City may, upon receipt of Contractor's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 57 GENERAL CONDITIONS Page 57 of 62 portion of the Worlc 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 Worlc locations, the City may release a portion of the amount retained provided that all other worlc is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other worlc. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Clain�s The acceptance of final payment will constitute a release of the City fi•om all claims or liabilities under the Contract for anything done or furnished or relating to the worlc 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 Worlc 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 poi�tion 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 Worlc for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 �2 00 - ss GENERAL CONDITIONS Page 58 of 62 15.02 Ciry 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 slcilled worlcers 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 worlcmanship, 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 banlcrupt, 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 defauit shali not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 59 GENERAL CONDITIONS Page 59 of 62 obligations, then City, without process or action at law, may talce over any portion of the Worlc and complete it as described below. a. If City completes the Worlc, City may exclude Contractor and Surety from the site and talce possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and 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 Worlc 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 Worlc, such excess will be paid to Conh�actor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages 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 Worlc performed. 4. Neither City, nor any of its respective consultants, agents, offcers, 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. S. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failuc•e to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.B, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS Revised: November 9, 2011 15.03 City May Terminate For Convenience 00 72 00 - 60 GENERAL CONDITIONS Page 60 of 62 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 ali orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-61 GENERAL CONDITIONS Page 61 of 62 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verifcation 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 Worlc 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 Worlc; 2. expenses sustained prior to the effective date of termination in performing seivices and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Worlc, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractot• 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 Pa►•agraphs 10.06.C.3 or 10.06.D shall become fnal and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 62 GENERAL CONDITIONS Page 62 of 62 l'. 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 i£ 1. delivered in person to the individual or to a member of the firm or to an ofiicer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certiiied 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 Ca�mulative Ren2edies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 63 GENERAL CONDITIONS Page 63 of 62 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 Worlc 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 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 00 73 00 - 1 SUPPLEMENTA2Y CONDITIONS Page 1 of 5 SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS Supplementary Conditions These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modiiied or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifcally noted herein. Moditications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-3.03B.2, ��Resolving Discrepancies" Plans govern over Specifications and Specifications shall govern over standard details. SC-4.01 A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the fnal easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.O1A.1., "Availability of Lands" The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of August 2, 2012 Outstanding Right-Of-Way, and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION None The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations. SC-4.O1A.2, ��Availability of Lands" CITY OF FORT WORTH Kings Oak Circle and Halto�u Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised December !3, 20l1 007300-2 SUPPLEMENTARY CONDITIONS Page 2 of 5 Utilities or obstructions to be removed, adjusted, and/or relocated The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as of August 2, 2012 EXPECTED UTILITY AND LOCATION OWNER TARGET DATE OF ADJUSTMENT None 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. SC-4.02A., "Subsurface and Physical Conditions" The following are reports of explorations and tests of subsurface conditions at the site of the Work: "None" SC-4.06A., f°Hazardous Environmental Conditions at Site" The following are reports and drawings of existing hazardous environmental conditions known to the City: "None" SG5.03A., ��Certi�cates of Insurance" The entities listed below are "additional insureds as their interest may appear" including their respective offcers, directors, agents and employees. (1) City (2) Consultant: "None" (3) Other: "None" SG5.04A., ��Contractor's Insurance" The limits of liability for the insurance required by Paragcaph GG5.04 shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: 5.04A. Workers' Compensation, under Paragraph GG5.04A. Statuto►•y limits Employer's liability $100,000 each accident/occurrence $100,000 Disease - each employee $500,000 Disease - policy limit SC-5.04B., "Contracto�'s Insurance" 5.04B. Commercial General Liability, under Paragraph GG5.04B. Contractor's Liability Insurance under Paragraph GG5.04B., which shall be on a per project basis covering the Contractor with minimum limits of: $1,000,000 each occurrence CITY OF FORT WORTH /:ings Oak Circle and Haltom Road Drainage Lnprovements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised December l3, 20!! 007300-3 SUPPLEMENTARY CONDITIONS Page 3 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 �2,000,000 aggregate limit The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Veriiication of such coverage must be shown in the Remarks Article of the Certiiicate of Insurance. SC 5.04C., "Contracto�'s Insurance" 5.04C. Automobile Liability, under Paragraph GG5.04C. Contractor's Liability Insurance under Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defned as autos owned, hired and non-owned. $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250,000 Bodily Injury per person / $500,000 Bodily Injury per accident / $100,000 Property Damage SG5.04D., "Contractor's Insurance" The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks "None]. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a"Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specifed herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: (1) General Aggregate: (2) Each Occurrence: _ Required for this Contract N/A N/A X Not required for this Contract With respect to the above outlined insurance requirements, the following shall govern: 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. CITY OF FORT WORTH Kings Oak Circle and Haltoin Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised Decenrber 13, 201! 00 73 00 - 4 SUPPLEMENTARY CONDITIONS Page 4 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 2. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of-way, the Contractor may be reyuired to provide separate insurance policies in the name of each railroad company. 3. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at- grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/ar repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. SC-6.04., G°Project Schedule" Project schedule shall be tier 3 for the project. SC-6.07., °°Wage Rates" The following is the prevailing wage rate table(s) applicable to this project and is provided in the Appendixes: CrW Wage Rate Table 20080708 <Buzzsaw location, Resources/02-Construction Documents/ Specifications/Div 00-General Conditions/CFW Wage Rate Table 20080708.pdf> SC-6.09., G°Permits and Utilities" SC-6.09A., °°Conh•actor obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: "None" SC-6.09B. G°City obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the City: <If none then write "None". "None" SC-6.09C. "Outstanding permits and licenses" The following is a list of known outstanding permits and/or licenses to be acquired, if any as of August 2, 2012 CITY OF FORT WORTH Kings Oak Circle anc! Hallonr Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised Decenrber !3, 20// 007300-5 SUPPLEMENTARY CONDITIONS Page 5 of 5 i Outstanding Pe�•mits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION <If there is none then write "None"> 2 3 SC-7.02., "Coordination" 4 5 The individuals or entities listed below have contracts with the City for the performance of other work at 6 the Site: 7 Vendor Sco e of Worlc Coordination Authorit None None None 8 9 10 SC-8.01, "Communications to Contractor" 11 12 None 13 14 SC-9.01., "City's Project Representative" 15 16 None 17 18 SC-13.03C., "Tests and Inspections" 19 20 None 21 22 SG16.O1C.1, ��Methods and Procedures" 23 24 None 25 26 27 28 END OF SECTION CITY OF FORT WORTH Kings Oak Circle mrd Haltoin Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised Deceuibe�• /3, 2011 o�uoo-� SUMMARY OF WORK Page I of 3 1 2 3 PART1- GEN�RAL SECTION O1 11 00 SUMMARY OF WORK 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations fi•om this City of Fort Worth Standard Specification 8 1. None, 9 C. Related Specification Sections include, but are not necessarily limited to" 10 1. Division 0- Bidding Requirements, Contract Forms, and Conditions of the Contract 11 2. Division 1- General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFCRENCES [NOT US�D] 17 1.4 ADMINISTRATIVE R�QUIREMENTS 18 A. Work Covered by Contract Documents 19 1. Work is to include furnishing all labor, materials, and equipment, and performing 20 all Work necessary for this construction project as detailed in the Drawings and 21 Specifications. 22 B. Subsidiary Work 23 1. Any and all Work specifically governed by documentary requirements for the 24 project, such as conditions imposed by the Drawings or Contract Documents in 25 which no specific item for bid has been provided for in the Proposal and the item is 26 not a typical unit bid item included on the standard bid item list, then the item shall 27 be considered as a subsidiary item of Work, the cost of which shall be included in 28 the price bid in the Proposal for various bid items. 29 C. Use of Premises 30 1. Coordinate uses of premises under direction of the City. 31 2. Assume full responsibility for pr•otection and safekeeping of materials and 32 equipment stored on the Site. 33 3. Use and occupy only portions of the public streets and alleys, or other public places 34 or other rights-of-way as provided for in the ordinances of the City, as shown in the 35 Contract Documents, or as may be specifically authorized in writing by the City. 36 a. A reasonable amount of tools, materials, and equipment for construction 37 purposes may be stored in such space, but no more than is necessary to avoid 38 delay in the construction operations. CITY OF FORT WORTH Kings Oak Cir•c!e nnd Hnl�o»r Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July l, 2011 OI ll 00-2 SUMMARY OF WORK Page 2 of 3 i 2 3 4 5 6 7 b c. Excavated and waste materials shall be stored in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by railroad tracks, the Work shall be carried on in such manner as not to interfere with the operation of the railroad. 1) All Work shail be in accordance with railroad requirements set forth in Division 0 as well as the railroad permit. 8 D. Work within Easements 9 1. Do not enter upon private property for any purpose without having previously 10 obtained permission from the owner of such property. 11 2. Do not store equipment or material on private property unless and until the 12 specified approval of the property owner has been secured in writing by the 13 Contractor and a copy furnished to the City. 14 3. Unless specifcally provided otherwise, clear all rights-of-way or easements of 15 obstructions which must be removed to make possible proper prosecution of the 16 Work as a part of the project construction operations. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the Work. 5. Notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the Work. a. Such notice shall be made at least 48 hours in advance of the beginning of the Work. b. Notices shall be applicable to both public and private utility companies and any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the Work. c. Be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the Work, or at any time due to defective work, material, or equipment. 6. Fence a. Restore all fences encountered and removed during construction of the Project to the original or a better than original condition. b. Erect temporary fencing in place of the fencing removed whenever the Work is not in progress and when the site is vacated overnight, and/or at all times to provide site security. c. The cost for all fence work associated with easements, including removal, temporary closures and replacement, shall be subsidiary to the various items bid in the project proposal, unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH Kings Oak Circle anc! Haltom Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 OI i100-3 SUMMARY OF WORK Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITC] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3- EXECUTION [NOT USED] 11 12 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 13 CITY OF FORT WORTH Kings Oak Circle and Haltor�i Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 012500-1 SUBSTITUTION PROCEDURES Page 1 of 4 1 2 3 PART1- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 IS 16 i� 18 SECTION O1 25 00 SUBSTITUTION PROCEDURES A. Section Includes: 1. The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to 1 or more of the following: a. Name of manufacturer b. Name of vendor c. Trade name d. Catalog number 2. Substitutions are not "or-equals". B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 19 1.2 PRICE AND PAYMENT PROCEDURES 20 A. Measurement and Payment 21 1. Work associated with this Item is considered subsidiary to the various items bid. 22 No separate payment will be allowed for this Item. 23 1.3 REFERENCES [NOT USED] 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 A. Request for Substitution - General 1. Within 30 days after award of Contract (unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specifed. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a. When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or-equals," as determined by City. 3. Other types of equipment and kinds of material may be acceptable substitutions under the following conditions: a. Or-equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, CITY OF FORT WORTH Kirrgs Oak Circle and Haltonr Road Drainage Lnprovements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 oi2soo-z SUBSTITUTION PROCEDURES Page 2 of 4 b. Contractor proposes a cost and/or time reduction incentive to the City. 2 1.5 SUBMITTALS 3 A. See Request for Substitution Form (attached) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 B. Procedure for Requesting Substitution 1. Substitution shall be considered only: a. After award of Contract b. Under the conditions stated herein 2. Submit 3 copies of each written request for substitution, including: a. Documentation 1) Complete data substantiating compliance of proposed substitution with Contract Documents 2) Data relating to changes in construction schedule, when a reduction is proposed 3) Data relating to changes in cost b. For products 1) Product identification a) Manufacturer's name b) Telephone number and representative contact name c) Specification Section or Drawing reference of ariginally specified product, including discrete name or tag number assigned to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a) Size b) Composition or materials of construction c) Weight d) Electrical or mechanical requirements 4) Product experience a) Location of past projects utilizing product b) Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product c) Available field data and repoi�ts associated with proposed product 5) Samples a) Provide at request of City. b) Samples become the property of the City. c. For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C. Approva( or Rejection 1. Written approval or rejection of substitution given by the City 2. City reserves the right to require proposed product to comply with color and pattern of speciiied pr•oduct if necessary to secure design intent. 3. In the event the substitution is approved, the resulting cost and/or time reduction will be documented by Change Order in accordance with the General Conditions. CITY OF FORT WORTH Kings Onk Circle and Hnllom Road Drainage Improvements STANDA2D CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 201( 012500-3 SUBSTITUTION PROCEDURES Page 3 of 4 1 2 3 4 5 6 7 8 9 � 4. No additional contract time will be given for substitution. 5. Substitution will be rejected ii a. Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c. In the City's opinion, acceptance will require substantial revision of the original design d. In the City's opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1.9 QUALITY ASSURANCE A. In making request for substitution or in using an approved product, the Contractor represents that the Contractor: 1. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work, to include building modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] 28 PART 3- EXECUTION [NOT USED] 29 30 31 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Kings Oak Circle anc! Nalrom Road Drainage Improvements ' STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 20ll 012500-4 SUBSTITUTION PROCEDURES Page 4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: TO: PROJECT: DATE: We hereby submit for your consideration the following product inst�d of the specified item for the above project: SECTI ON PARAGRAPH SPECI FI ED ITEM Proposed SUbstitution: 13 Reason for St�bstitution: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Include complete information on changes to Drawings and/or Specifications which proposed substitution will requirefor its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engincering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. M anufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature as noted Firm Address Date Tel ephone For Use by City: Approved c�ty Recommended Recommended Not recommended Received late By - Date Remarks Rej ected Date CITY OF FORT WORTH Kings Oak Circle nnd Halfoni Rond Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 O1 31 19 - 1 PRECONSTRUCTION MEETING Page 1 of 3 1 2 3 PART1- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 il 12 13 1.2 S�CTION 0131 19 PRECONSTRUCTION MEETING A. Section Includes: 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment IS 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATNE REQUIREMENTS 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 A. Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualifed and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the execution of the Agreement and before Work is started. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Project Representative b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request e. Other City representatives CITY OF FORT WORTH Kings Oak Circle and Halto»: Road Drainage Lnprovements ' STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS City Project No. 000483 Revised July l, 201 I Ol 31 19 -2 PRECONSTRUCTION MEETING Page 2 of 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 £ Others as appropriate 4. Construction Schedule a. Prepare baseline construction schedule in accordance with Section O1 32 16 and provide at Preconstruction Meeting. b. City will notify Contractor of any schedule changes upon Notice of Preconstruction Meeting. 5. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor's work plan and schedule e. Contract Time £ Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Ordet•s k. Disposal Site Letter for Waste Material 1. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre-Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City's representative for operations of existing water systems v. Stos•m Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings f£ Temporary construction facilities gg. M/WBE procedures hh. Final Acceptance ii, Final Payment jj, Questions or Comments CITY OF FORT WORTH Kings Oak Cir•cle and Hnl�o�r1 Road Drainage Lnprovements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 O1 31 19 - 3 PRECONSTRUCTION MEETING Page 3 of 3 1 1.5 � SUBMITTALS [NOT USED] 2` 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3- EXECUTION [NOT USED] 11 END OF SECTION 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 CITY OF FORT WORTH Kings Oak Circle and Haltoin Road Drainage Hnprovements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 O13120-1 PROJECT MEETINGS Page 1 of 3 1 SECTION O1 31 20 2 PROJECT MEETINGS 3 /Sj�ecifre�•: l�Mr,s .Speci/iculiw� !,s rnlc��cled /or t�,sc on /�rojcc�l,s cic,�i����ulcc! u,�� Tier 3<�r Tier -�. J 4 PART1- GENERAL 5 1.1 SUMMARY 6 A. Section Includes: 7 1. Provisions for project meetings throughout the construction period to enable orderly 8 review of the progress of the Work and to provide for systematic discussion of 9 potential problems 10 B. Deviations this City of Fort Worth Standard Specification 11 1. None. 12 13 14 15 1.2 16 17 18 C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements PRICE AND PAYM�NT PROCEDUR�S A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 19 1.3 REF�R�NC�S [NOT USED] 20 1.4 ADMINISTRATIVE RCQUIREMENTS 21 A. Coordination 22 1. Schedule, attend and administer as specified, periodic progress meetings, and 23 specially called meetings throughout pi•ogress of the Work. 24 2. Representatives of Contractor, subconh•actors and suppliers attending meetings 25 shall be qualified and authorized to act on behalf of the entity each represents. 26 3. Meetings administered by City may be tape recorded. 27 a. If recorded, tapes will be used to prepare minutes and retained by City for 28 future reference. 29 4. Meetings, in addition to those specified in this Section, may be held when requested 30 by the City, Engineer or Contractor. 31 B. Pre-Construction Neighborhood Meeting 32 1. After the execution of the Agreement, but before construction is allowed to begin, 33 attend 1 Public Meeting with affected residents to: 34 a. Present projected schedule, including construction start date 35 b. Answer any constcuction related questions 36 2. Meeting Location 37 a. Location of ineeting to be determined by the City. 38 3. Attendees CITY OF FORT WORTH Kings Onk Circle and Halron� Road Drainage Lnprovements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July l, 201 l 013120-2 PROJECT MEETINGS Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 a. Contractor b. Project Representative c. Other City representatives 4. Meeting Schedule a. In general, the neighborhood meeting will occur within the 2 weeks following the pre-construction conference. b. In no case will construction be allowed to begin until this meeting is held. C. Progress Meetings 1. Formal project coordination meetings will be held periodically. Meetings will be scheduled and administered by Project Representative. 2. Additional progress meetings to discuss specifc topics will be conducted on an as- needed basis. Such additional meetings shall include, but not be limited to: a. Coordinating shutdowns b. Installation of piping and equipment c. Coordination between other construction projects d. Resolution of construction issues e. Equipment approval 3. The Project Representative will preside at progress meetings, prepare the notes of the meeting and distribute copies of the same to all participants who so request by fully completing the attendance form to be circulated at the beginning of each meeting. 4. Attendance shall include: a. Contractor's project manager b. Contractor's superintendent c. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request d. Engineer's representatives e. City's representatives f. Others, as requested by the Project Representative 5. Preliminary Agenda may include: a. Review of Work progress since previous meeting b. Field observations, problems, conflicts c. Items which impede construction schedule d. Review of off-site fabrication, delivery schedules e. Review of construction interfacing and sequencing requirements with other construction contracts £ Corrective measures and procedures to regain projected schedule g. Revisions to construction schedule h. Progress, schedule, during succeeding Work period i. Coordination of schedules j. Review submittal schedules k. Maintenance of quality standards l. Pending changes and substitutions m. Review proposed changes for: 1) Effect on construction schedule and on completion date 2) Effect on other contracts of the Project n. Review Record Documents o. Review monthly pay request p. Review status of Requests for Information CITY OF FORT WORTH Kirrgs Oak Cu•de arrd Haltom Road Drainage flnprovements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 Ol 31 20 - 3 PROJECT MEETINGS Page 3 of 3 1 6. Meeting Schedule 2 a. Progress meetings will be held periodically as determined by the Project 3 Representative. 4 1) Additional meetings may be held at the request of the: 5 a) City 6 b) Engineer 7 c) Contractor 8 7. Meeting Location 9 a. The City will establish a meeting location. 10 1) To the extent practicable, meetings will be held at the Site. 11 1.5 SUBMITTALS [NOT USED] 12 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 13 1.7 CLOSCOUT SUBMITTALS (NOT USED] 14 1.8 MAINTENANC� MATERIAL SUBMITTALS [NOT USED] 15 1.9 QUALITY ASSURANCE [NOT USED] 16 1.10 DELIV�RY, STORAGE, AND HANDLING [NOT USCD] 17 1.11 FIELD [SITE] CONDITIONS [NOT US�D] 18 1.12 WARRANTY [NOT USED] 19 PART 2- PRODUCTS [NOT US�D] 20 PART 3- EXECUTION [NOT USGD] 21 22 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 23 CITY OF FORT WORTH Krngs Oak Circle and Haltoi�i Rond Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 013216-1 CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION O1 32 16 CONSTRUCTION PROGRESS SCHEDULE 5 A. Section Includes: 6 1. General requirements for the preparation, submittal, updating, status reporting and 7 management of the Construction Progress Schedule 8 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance 9 Document 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1— General Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 A. Definitions 1. Schedule Tiers a. Tier 1- No schedule submittal required by contract. Small, brief duration proj ects b. Tier 2- No schedule submittal required by contract, but will require some milestone dates. Small, brief duration projects c. Tier 3- Schedule submittal required by contract as described in the Specification and herein. Majority of City projects, including all bond program projects d. Tier 4- Schedule submittal required by contract as described in the Specifcation and herein. Large and/or complex projects with long durations 1) Examples: large water pump station project and associated pipeline with interconnection to another governmental entity e. Tier 5- Schedule submittal required by contract as described in the Specification and herein. Large and/or very complex projects with long durations, high public visibility I) Examples might include a water or wastewater treatment plant 2. Baseline Schedule - Initial schedule submitted before work begins that will serve as the baseline for measuring progress and departures from the schedule. 3. Progress Schedule - Monthly submittal of a progress schedule documenting progress on the project and any changes anticipated. CITY OF FORT WORTH Kings Oak Circle and Haltom Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 013216-2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 1 2 K� 4. Schedule Narrative - Concise narrative of the schedule including schedule changes, expected delays, key schedule issues, critical path items, etc B. Reference Standards 4 1. City of Fort Worth Schedule Guidance Document 5 1.4 ADMINISTRATIVE REQUIREMENTS 6 7 8 9 10 11 12 13 14 15 16 17 18 19 A. Baseline Schedule General a. Prepare a cost-loaded baseline Schedule using approved software and the Critical Path Method (CPM) as required in the City of Fort Worth Schedule Guidance Document. b. Review the draft cost-loaded baseline Schedule with the City to demonstrate understanding of the work to be performed and known issues and constraints related to the schedule. c. Designate an authorized representative (Project Scheduler) responsible for developing and updating the schedule and preparing reports. B. Progress Schedule 1. Update the progress Schedule monthly as required in the City of Fort Woi•th Schedule Guidance Document. 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 20 3. Change Orders 21 a. Incorporate approved change orders, resulting in a change of contract time, in 22 the baseline Schedule in accordance with City of Fort Worth Schedule 23 Guidance Document. 24 C. Responsibility for Schedule Compliance 25 1. Whenever it becomes apparent fi•om the curi�ent progress Schedule and CPM Status 26 Report that delays to the critical path have resulted and the Contract completion 27 date will not be met, or when so directed by the City, make some or all of the 28 following actions at no additional cost to the City 29 a. Submit a Recovery Plan to the City for approval revised baseline Schedule 30 outlining: 31 1) A wcitten statement of the steps intended to take to remove or arrest the 32 delay to the critical path in the approved schedule 33 2) Increase construction manpower in such quantities and crafts as will 34 substantially eliminate the backlog of work and return current Schedule to 35 meet projected baseline completion dates 36 3) Increase the number of working hours per shift, shifts per day, working 37 days per week, the amount of construction equipment, or any combination 38 of the foregoing, sufficiently to substantially eliminate the backlog of work 39 4) Reschedule activities to achieve maximum practical concurrency of 40 accomplishment of activities, and comply with the revised schedule 41 2. If no written statement of the steps intended to take is submitted when so requested 42 by the City, the City may direct the Contractor to increase the level of effort in 43 manpower (trades), equipment and work schedule (overtime, weekend and holiday 44 work, etc.) to be employed by the Contractor in order to remove or arrest the delay 45 to the critical path in the approved schedule. 46 a. No additional cost for such work will be considered, CITY OF FORT WORTH Kings Oak Circle mzd Halrour Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 201 l l 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 013216-3 CONSTRUCTIONPROGRESSSCHEDULE Page 3 of 5 D. The Contract completion time will be adjusted only for causes specified in this Contract. a. Requests for an extension of any Contract completion date must be supplemented with the following: 1) Furnish justification and supporting evidence as the City may deem necessary to determine whether the requested extension of time is entitled under the provisions of this Contract. a) The City will, after receipt of such justifcation and supporting evidence, make fndings of fact and will advise the Contractor, in writing thereof. 2) If the City finds that the requested extension of time is entitled, the City's determination as to the total number of days allowed for the extensions shall be based upon the approved total baseline schedule and on all data relevant to the extension. a) Such data shall be included in the next updating of the Progress schedule. b) Actual delays in activities which, according to the Baseline schedule, do not affect any Contract completion date shown by the critical path in the network will not be the basis for a change therein. 2. Submit each request for change in Contract completion date to the City within 30 days after the beginning of the delay for which a time extension is requested but before the date of final payment under this Contract. a. No time extension will be granted for requests which are not submitted within the foregoing time limit. b. From time to time, it may be necessary for the Contract schedule or completion time to be adjusted by the City to reflect the effects of job conditions, weather, technical difficulties, strikes, unavoidable delays on the part of the City or its representatives, and other unforeseeable conditions which may indicate schedule adjustments or completion time extensions. 1) Under such conditions, the City will direct the Contractor to reschedule the work or Contract completion time to reflect the changed conditions and the Contractor shall revise his schedule accordingly. a) No additional compensation will be made to the Contractor for such schedule changes except for unavoidable overall contract time extensions beyond the actual completion of unaffected work, in which case the Contractor shall take all possible action to minimize any time extension and any additional cost to the City. b) Available float time in the Baseline schedule may be used by the City as well as by the Contractor. 3. Float or slack time is defined as the amount of time between the earliest start date and the latest start date or between the earliest finish date and the latest finish date of a chain of activities on the Baseline Schedule. a. Float or slack time is not for the exclusive use or benefit of either the Contractor or the City. b. Proceed with work according to early start dates, and the City shall have the right to reserve and apportion float time according to the needs of the project. CITY OF FORT WORTH Kings Oak Cirde and Haltora Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July l, 2011 013216-4 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 c. Acknowledge and agree that actual delays, affecting paths of activities containing float time, will not have any effect upon contract completion times, providing that the actual delay does not exceed the float time associated with those activities. E. Coordinating Schedule with Other Contract Schedules 1. Where work is to be performed under this Contract concurrently with or contingent upon work performed on the same facilities or area under other contracts, the Baseline Schedule shall be coordinated with the schedules of the other contracts. a. Obtain the schedules of the other appropriate contracts from the City for the pt•eparation and updating of Baseline schedule and make the required changes in his schedule when indicated by changes in corresponding schedules. 2. In case of interference between the operations of different contractors, the City will determine the work priority of each contractor and the sequence of work necessary to expedite the completion of the entire Project. a. In such cases, the decision of the City shall be accepted as final. b. The temporary delay of any work due to such circumstances shall not be considered as justification for claims for additional compensation. 18 1.5 SUBMITTALS 19 A. Baseline Schedule 20 1. Submit Schedule in native file format and pdf format as required in the City of Fort 21 Wot�th Schedule Guidance Document. 22 a. Native file format includes: 23 1) Primavera (P6 or Primavera Contractor) 24 2. Submit draft baseline Schedule to City prior to the pre-construction meeting and 25 bring in hard copy to the meeting for review and discussion. 26 B. Progress Schedule 27 1. Submit progress Schedule in native file format and pdf format as required in the 28 City of Fort Worth Schedule Guidance Document. 29 2. Submit progress Schedule monthly no later than the last day of the month. 30 31 32 33 34 C. Schedule Narrative 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth Schedule Guidance Document. 2. Submit schedule narrative monthly no later than the last day of the month. D. Submittal Process 35 1. The City administers and manages schedules through Buzzsaw. 36 2. Contractor shall submit documents as required in the City of Fort Worth Schedule 37 Guidance Document. 38 3. Once the project has been completed and Final Acceptance has been issued by the 39 City, no further progress schedules are required. CITY OF FORT WORTH Kings Oak Circle nnd Haltou� Road Drainage [mprovements STANDARD CONST[tUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July l, 2011 013216-5 CONSTRUCTIONPROGRESSSCHEDULE Page 5 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 1.6 � ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.'7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT US�D] 1.9 QUALITY ASSURANCE A. The person preparing and revising the construction Progress Schedule shall be experienced in the preparation of schedules of similar complexity. B. Schedule and supporting documents addressed in this Specification shall be prepared, updated and revised to accurately reflect the performance of the construction. C. Contractor is responsible for the quality of all submittals in this section meeting the standard of care for the construction industry for similar projects. 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] l.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] 14 PART 2- PRODUCTS [NOT USED] 15 PART 3- EXECUTION [NOT USED] 16 17 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 18 CITY OF FORT WORTH Kings Onk Circle and Halto�n Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 01 32 33 - ( PRECONSTRUCTION VIDEO Page 1 of 2 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION O1 32 33 PRECONSTRUCTION VIDEO 5 A. Section Includes: 6 1. Administrative and procedural requirements for: 7 a. Preconstruction Videos 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1— General Requirements 13 1.2 PRICE AND PAYMCNT PROCEDURCS 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMCNTS 19 A. Preconstiuction Video 20 1. Produce a preconstruction video of the site/alignment, including all areas in the 21 vicinity of and to be affected by construction. 22 a. Provide digital copy of video upon request by the City. 23 2. Retain a copy of the preconstruction video until the end of the maintenance surety 24 period. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USCD] 27 28 29 30 31 32 33 1.7 CLOS�OUT SUBMITTALS [NOT USED] 1.8 MAINTCNANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USCD] 1.10 DELIVCRY, STORAGE, AND HANDLING [NOT USGD] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT US�D] PART 2 - PRODUCTS [NOT US�D] CITY OF FORT WORTH Kings Oak Circle and Hnitonr Road Drainage Lnprovements STANDARD CONSTRUCTION SPECIP[CATION DOCUMENTS City Project No. 000483 Revised July I, 2011 O13233-2 PRECONSTRUCTION VIDEO Page 2 of 2 1 PAI'.T 3- EXECUTION [NOT USED] 2 END OF SECTION 3 Revision Log DATE NAME SUMMARY OF CHANGE 4 CITY O[' FORT WORTH Kings Oak Circle and Haltonr Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 20l l 013300-1 SUBMITTALS Page 1 of 8 1 2 3 PARTl- GEN�RAL 4 1.1 SUMMARY SECTION O1 33 00 SUBMITTALS 5 A. Section Includes: 6 1. General methods and requirements of submissions applicable to the following 7 Work-related submittals: 8 a. Shop Drawings 9 b. Product Data (including Standard Product List submittals) 10 c. Samples 11 d. Mock Ups 12 B. Deviations fi•om this City of Fort Worth Standard Specification 13 1. None. 14 15 16 17 1.2 C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coot•dination of Submittal Times a. Prepare, prioritize and transmit each submittal sufftciently in advance of performing the related Work or othec• applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication � Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH Kings Oak Circle and Hn/to�i� Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised Ju(y 1, 20l 1 OI3300-2 SUBMITTALS Page 2 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identifcation numbering system in the following manner: a. Use the first 6 digits of the applicable Specifcation Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specifc Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification 1. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certiiication Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) `By this submittal, I hereby represent that I have determined and veriiied field measurements, feld consh•uction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." 36 D. Submittal Format 37 1. Fold shop drawings larger than 8'h inches x 11 inches to 8'/2 inches x 11 inches. 38 2. Bind shop drawings and product data sheets together. 39 3. Order 40 a. Cover Sheet 41 1) Description of Packet 42 2) Contractor Certification 43 b. List of items / Table of Contents 44 c. Product Data /Shop Drawings/Samples /Calculations 45 E. Submittal Content 46 1. The date of submission and the dates of any previous submissions 47 2. The Project title and number ' CITY OF FORT WORTH Kings Oak Cii�cle and Halto�u Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 O13300-3 SUBMITTALS Page 3 of 8 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 7. 8. 9. 10 11 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 Relation to adjacent or critical features of the Work or mater•ials Applicable standards, such as ASTM or Federal Specification numbers Identification by highlighting of deviations fi•om Contract Documents Identification by highlighting of revisions on resubmittals An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom-pr•epared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufactw•ing instructions e, Custom templates f. Special wiring diagrams g. Coordination drawings h, Individual system or equipment inspection and test reports including: 1) Performance curves and cei�tifications i. As applicable to the Work 2. Details a. Relation of the various pai�ts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product data for products included on the City's Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City's Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing-in diagrams and templates 5) Catalog cuts 6) Product photographs 7) Standard wiring diagrams 8) Printed performance curves and operational-range diagrams CITY OF FORT WORTH Kings Onk Circle and Haltoui Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 201 I 013300-4 SUBMITTALS Page 4 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare-parts listing and printed product warranties 12) As applicable to the Work H. Samples 1. As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work 16 I. Do not start Work requiring a shop drawing, sample or product data nor any material to 17 be fabricated or installed prior to the approval or qualified approval of such item. 18 1. Fabrication performed, materials purchased or on-site construction accomplished 19 which does not conform to approved shop drawings and data is at the Contractor's 20 risk. 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution 1. Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) a. Shop Drawings 1) Distributed to the City 2) Copies CITY OF FORT WORTH Krngs Oak Circle and Hal�om Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 201 I 013300-5 SUBMITTALS Page 5 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. 18 IC. Submittal Review 19 1. The review of shop drawings, data and samples will be for general conformance 20 with the design concept and Contract Documents. This is not to be construed as: 21 a. Permitting any departure fi�om the Contract requirements 22 b. Relieving the Contractor of responsibility for any errors, including details, 23 dimensions, and materials 24 c. Approving departures from details furnished by the City, except as otherwise 25 provided herein 26 2. The review and approval of shop drawings, samples or product data by the City 27 does not relieve the Contractor from his/her responsibility with regard to the 28 fulfillment of the terms of the Contract. 29 a. All risks of error and omission are assumed by the Contractor, and the City will 30 have no responsibility therefore. 31 3. The Conh�actor remains responsible for details and accuracy, for coordinating the 32 Work with all other associated work and trades, for selecting fabrication processes, 33 for techniques of assembly and for• performing Wot•k in a safe manner. 34 4. If the shop drawings, data or• samples as submitted describe variations and show a 35 departure fi•om the Contract requirements which City finds to be in the interest of 36 the City and to be so minor as not to involve a change in Contract Price or• time for 37 performance, the City may return the reviewed drawings without noting an 38 exception. 39 40 41 42 43 44 45 46 47 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 1) "EXCEPTIONS NOTED". This code is assigned when a confrmation of the notations and comments IS NOT required by the Contractor. CITY OF FORT WORTH Kings Onk Circle and Hahon7 Road Drainage hnprovements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July l, 20l 1 013300-6 SUBMITTALS Page 6 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. a Code 3 1) "EXCEPTIONS NOTED/RESUBMIT", This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the iinal product. b) This resubmittal is to address all comments, omissions and non-conforming items that were noted. c) Resubmittal is to be received by the City within 15 calendar days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor's risk if not marked b. Submittals for each item will be reviewed no more than twice at the City's expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative's then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City's discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the City at least 7 Working Days prior to release for manufacture. CITY OF FORT WORTH Krngs Onk Circle and Haltonr Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July I, 2011 O( 3300-7 SUBMITTALS Page 7 of 8 1 9. When the shop drawings have been completed to the satisfaction of the City, tl-�e 2 Contractor may carry out the construction in accordance therewith and no further 3 changes therein except upon written instructions from the City. 4 10. Each submittal, appropriately coded, will be returned within 30 calendar days 5 following receipt of submittal by the City. 6 L. Mock ups 7 1. Mock Up units as specified in individual Sections, include, but are not necessarily 8 limited to, complete units of the standard of acceptance for that type of Work to be 9 used on the Project. Remove at the completion of the Work or when directed. 10 M. Qualifications 11 1. If specifically required in other Sections of these Specifications, submit a P.E. 12 Certification for each item required. 13 14 15 16 17 18 19 20 N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarification or interpr•etation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarifcation 2. Use the Request for Information (RFI) form provided by the City. 21 3. Numbering of RFI 22 a. Prefix with "RFI" followed by series number, "-xxx", beginning with "O 1" and 23 increasing sequentially with each additional transmittal. 24 4. Sufficient information shall be attached to permit a written response without further 25 information. 26 5. The City will log each request and will review the request. 27 a. If review of the project information request indicates that a change to the 28 Contract Documents is required, the City will issue a Field Order or Change 29 Order, as appropriate. CITY OF FORT WORTH Kings Oak Circle nnd Haltoni Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 20l 1 013300-8 SUBMITTALS Page 8 of 8 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANC� [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3- EXECUTION [NOT USED] 11 END OF SECTION 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 CITY OF FORT WORTH Kings Oak Circle ancl Halron� Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July l, 2011 013513-1 SPECIAL PROJECT PROCEDURES Page 1 of 8 1 2 3 PART1- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 SCCTION Ol 35 13 SPECIAL PROJECT PROCEDURES A. Section Includes: 1. The procedures fot• special project circumstances that includes, but is not limited to: a. Coordination with the Texas Department of Tz•ansportation b. Work near High Voltage Lines c. Confined Space Entry Program d. Air Pollution Watch Days e. Use of Explosives, Drop Weight, Etc. f. Water Depai�tment Notification g. Public Notification Prior to Beginning Consh�uction h. Coordination with United States Army Corps of Engineers i. Coordination within Railroad permits areas j. Dust Control k. Employee Parking B. Deviations from this City of Fort Worth Standard Specification 1. None. 20 C. Related Specification Sections include, but are not necessarily limited to: 21 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 22 2. Division 1— General Requirements 23 3. Section 33 12 25 — Connection to Existing Water Mains 24 1.2 PRICE AND PAYMCNT PROCEDURES 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 A. Measurement and Payment 1. Coordination within Railroad permit areas a. Measurement 1) Measurement for this Item will be by lump sum. b. Payment 1) The work per•foimed and materials furnished in accordance with this Item will be paid for at the lump sum price bid for Railroad Coordination. c. The price bid shall include: 1) Mobilization 2) Inspection 3) Safety training 4) AdditionalInsurance 5) Insurance Certificates 6) Other requirements associated with general coordination with Railroad, including additional employees required to protect the right-of-way and property of the Railroad fi•om damage arising out of and/or from the construction of the Project. CITY OF FORT WORTH Kings Oak Circle arrd Hallom Rond Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised [Insert Revision Date] O13513-2 SPECIALPROJECTPROCEDURES Page 2 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 2. Railroad Flagmen a. Measurement 1) Measurement for this Item will be per working day. b. Payment 1) The work performed and materials furnished in accordance with this Item will be paid for each working day that Railroad Flagmen are present at the Site . c. The price bid shall include: 1) Coordination for scheduling flagmen 2) Flagmen 3) Other requirements associated with Railroad 3. All other items a. Work associated with these Items is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 15 1.3 REFERENCES 16 A. Reference Standards 17 1. Reference standards cited in this Specification refer to the current reference 18 standard published at the time of the latest revision date logged at the end of this 19 Specifcation, unless a date is specifically cited. 20 2. North Central Texas Council of Governments (NCTCOG) — Clean Construction 21 Specification 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 A. Coordination with the Texas Department of Transportation 1. When work in the right-of-way which is under the jurisdiction of the Texas Department of Transportation (TxDOT): a. Notify the Texas Department of Transportation prior to commencing any work therein in accordance with the provisions of the permit b. All work performed in the TxDOT right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation B. Work near High Voltage Lines 1, Warning sign a. Provide sign of sufficient size meeting all OSHA requirements. 2. Equipment operating within 10 feet of high voltage lines will require the following safety features a. Insulating cage-type of guard about the boom or arm b. Insulator links on the lift hook connections for back hoes or dippers c. Equipment must meet the safety requirements as set forth by OSHA and the safety requirements of the owner of the high voltage lines 3. Work within 6 feet of high voltage electric lines a. Notification shall be given to: 1) The power company (example: ONCOR) a) Maintain an accurate log of all such calls to power company and record action taken in each case. b. Coordination with power company CITY OF FORT WORTH Kings Oak Cii•cle and Ha/to»i Road Drainage Unprovements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised [Insert Revision Date] 013513-3 SPECIAL PROJECT PROCEDURES Page 3 of 8 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 C Q 1) After notification coordinate with the power company to: a) Erect temporary mechanical barriers, de-energize the lines, or raise or lower the lines c. No personnel may work within 6 feet of a high voltage line before the above requirements have been met. Confined Space Entry Program 1. Provide and follow approved Confined Space Entty Program in accordance with OSHA requirements. 2. Confned Spaces include: a. Manholes b. All other• confined spaces in accordance with OSHA's Permit Required for Confined Spaces Air Pollution Watch Days l. General a. Observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". b. Typical Ozone Season 1) May 1 through October 31. c. Critical Emission Time 1) 6:00 a.m. to 10:00 a.m, 2. Watch Days a. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m, on the afternoon prior to the WATCH day. b. Requirements 1) Begin work after 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. 2) However, the Contractor may begin work prior to 10:00 a.m. if: a) Use of motorized equipment is less than 1 hour, or b) If equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. E. Use of Explosives, Drop Weight, Etc. l. When Contract Documents permit on the project the following will apply: a. Public Notification 1) Submit notice to City and proof of adequate insut•ance coverage, 24 hours prior to commencing. 2) Minimum 24 hour public notification in accordance with Section O1 31 13 F. Water Department Coordination 1. During the construction of this project, it will be necessary to deactivate, for a pet•iod of time, existing lines. The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines. 2. Coordinate any event that will require connecting to or the operation of an existing City water line system with the City's representative. a. Coordination shall be in accordance with Section 33 12 25. CITY OF FORT WORTH Krngs Oak Circle nnd Hn11au Rond Drainage Improvements STANDARD CONSTRUCT[ON SPECIFICAT[ON DOCUMENTS City Project No. 000483 Revised [Insert Revision Date] 1 2. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 013513-4 SPECIAL PROJECT PROCEDURES Page 4 of 8 G b. If needed, obtain a hydrant water meter from the Water Department for use during the life of named project. a In the event that a water valve on an existing live system be turned off and on to accommodate the construction of the project is required, coordinate this activity through the appropriate City representative. 1) Do not operate water line valves of existing water system. a) Failure to comply will render the Contractor in violation of Texas Penal Code Title 7, Chapter 28.03 (Criminal Mischie� and the Contractor will be prosecuted to the full extent of the law. b) In addition, the Contractor will assume all liabilities and responsibilities as a result of these actions. Public Notification Prior to Beginning Construotion 1. Prior to beginning construction on any block in the project, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: a. Post notice or flyer 7 days prior to beginning any construction activity on each block in the project area. 1) Prepare flyer on the Contractor's letterhead and include the following information: a) Name of Project b) City Project No (CPN) c) Scope of Project (i.e. type of construction activity) d) Actual construction duration within the block e) Name of the contractor's foreman and phone number � Name of the City's inspector and phone number g) City's after-hours phone number 2) A sample of the `pre-construction notification' flyer is attached as Exhibit A. 3) Submit schedule showing the construction start and finish time for each block of the project to the inspector. 4) Deliver flyer to the City Inspector for review prior to distribution. b. No construction will be allowed to begin on any block until the flyer is delivered to all residents of the block. H. Public Notification of Temporary Water Service Interruption during Construction l. In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction, prepare and deliver a notice or flyer of the pending interruption to the front door of each affected resident. 2. Prepared notice as follows: a. The notifcation or flyer shall be posted 24 hours prior to the temporary interruption. b. Prepare flyer on the contractor's letterhead and include the following information: 1) Name ofthe project 2) City Project Number 3) Date of the interruption of service 4) Period the interruption will take place 5) Name of the contractor's foreman and phone number CITY OF FORT WORTH Kings Oak Circle ar:d Haltoui Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised [Insert Revision Date] 01 35 l3 - 5 SPECIAL PROJECT PROCEDURES Page 5 of 8 1 2 3 4 5 6 7 8 9 J. Coordination within Railroad Permit Areas 6) Name of the City's inspector and phone number A sample of the temporary water service interruption notification is attached as Exhibit B. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed, No interruption of water service can occur until the flyer has been delivered to all affected residents and businesses. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector. 10 I. Coordination with United States Army Corps of Engineeis (USACE) 11 1. At locations in the Project where construction activities occur in areas where 12 USACE permits are required, meet all requirements set forth in each designated 13 permit. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 2. 3. c. d. e. f. At locations in the project where construction activities occur in areas where railroad permits are required, meet all requirements set forth in each designated railroad permit. This includes, but is not limited to, provisions for: a. Flagmen b. Inspectors c. Safety training d. Additional insurance e. Insurance certificates £ Other employees required to protect the right-of-way and property of the Railroad Company from damage arising out of and/or from the construction of the project. Proper utility clearance procedures shall be used in accordance with the pei•mit guidelines. Obtain any supplemental information needed to comply with the railroad's requirements. Railroad Flagmen a, Submit receipts to City for verification of working days that railroad flagmen were personnel were present on Site. K. Dust Control l. Use acceptable measures to control dust at the Site. a. If water is used to control dust, capture and properly dispose of waste water. b, If wet saw cutting is performed, capture and properly dispose of slurry. L. Employee Parking 1. Provide parking for employees at locations approved by the City. CITY OF FORT WORTH Krngs Onk Cirde nnd Hallonl Rond Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised [Insert Revision Date] O] 3513-6 SPECIAL PROJECT PROCEDURES Page 6 of 8 1 1S � SUBMITTALS [NOT USED] 2� 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 l.11 FIELD (SIT�] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3- EXECUTION [NOT USED] 11 END OF SECTION 12 Revision Log DATE NAME SUMMARY OF CHANGE July 2011 13 CITY OF FORT WORTH Kings Oak Circle and Ha/ro�u Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised [Insert Revision Date] 013513-7 SPECIAL PROJECT PROCEDURES Page 7 of 8 1 2 3 4 5 6 7 s 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: �XHIBIT A (To be printed on Contractor's Letterhead) r, � ,� � � � �� I � �� �1 � � � r.l � � _� ,'�� � � � ��,� ' ;� � �'�...�. �1 ,�e . i �i � -�., .: / '� � � R; ♦ �-� :._ �r � � �� , , r i', . i }. � � _.... �. � ; i''1 � i — � � - i 1 , � . � ' �_. � ". ' '�''�� , { � � �. \ ` �' .. �� , --' . . , � � i THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: MC. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR MI'. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH Kings Onk Circle and Hnl�o�u Road Drainage Lnprovements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised [Insert Revision Date] 013513-8 SPECIAL PROJECT PROCEDURES Page 8 of 8 1 2 EXHIBIT B FORTWORTH Date: DOE HO. XXXX Project tieme: N01'ICE OF TEMPORARY WATER SERVICE II�ITERRi1PTIOl�i DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT TRIS SHUT-OUT, PLEASE CALL: MR. AT (CONTRACTORS S,UPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSP�CTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, CONTRACTOR 3 4 CITY OP FORT WORTH Kings Oak Crrcle and Ha(tom Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised [Insert Revision Date] 014523-1 TESTING AND INSPECTION SERVICES Page i of 2 1 2 3 PART1- GENERAL SECTION O1 45 23 TESTING AND INSPECTION SERVICES 4 1.1 SUMMARY 5 A. Section Includes: 6 l. Testing and inspection services procedures and coordination '7 B. Deviations from this City of For�t Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract i l 2. Division 1— General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 14 15 16 17 18 19 20 21 22 23 24 25 1.3 A. Measurement and Payment 1, Work associated with this Item is considered subsidiar•y to the various Items bid. No separate payment will be allowed fot• this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIR�MENTS 27 28 29 30 31 32 33 34 35 36 37 38 A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confrm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another external FTP site approved by the City. CITY OF FORT WORTH Kings Oak Circle and Haho�u Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS City Project No. 000483 Revised July l, 201 l 014523-2 TESTING AND INSPECTION SERVICES Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City's Project Representative 4. Provide City's Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.'7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 24 l.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2- PRODUCTS [NOT USED] 27 PART 3- EXECUTION [NOT USED] 28 ►�!] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 30 C1TY OF FORT WORTH Krngs Oak Cirde anc! Haltom Roacf Drainage Lnprovements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 01 50 00 - I TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 1 2 SECTION O1 50 00 TEMPORARY FACILITIES AND CONTROLS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provide temporary facilities and controls needed for the Work including, but not 7 necessarily limited to: 8 a. Temporary utilities 9 b. Sanitaiy facilities 10 c. Storage Sheds and Buildings 11 d. Dust control 12 e. Temporary fencing of the construction site 13 B. Deviations fi�om this City of Foi�t Worth Standard Specification 14 1. None. 15 16 17 18 1.2 C. Related Specifcation Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Fot•ms and Conditions of the Contract 2. Division 1— General Requirements PRICE AND PAYM�NT PROCCDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various Items bid. 21 No separate payment will be allowed for this Item. 22 1.3 REFERCNCES [NOT USED] 23 1.4 ADMINISTRATIV� REQUIREMENTS 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 A. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility set•vice costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City's Project Representatives. c. Coordination CITY OF FORT WORTH Kings Oak Circle and Haltonr Road Drainage Lnprovements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 o� s000-2 TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 1 1) Contact City 1 week before water for construction is desired 2 d. Contractor Payment for Construction Water 3 1) Obtain construction water meter from City for payment as billed by City's 4 established rates. 5 3. Electricity and Lighting 6 a. Provide and pay for electric powered service as required for Work, including 7 testing of Work. 8 1) Provide power for lighting, operation of equipment, or other use. 9 b. Electric power service includes temporary power service or generator to l0 maintain operations during scheduled shutdown. 11 4. Telephone 12 a. Provide emergency telephone service at Site for use by Contractor personnel 13 and others performing work or furnishing services at Site. 14 5. Temporary Heat and Ventilation 15 a. Provide temporary heat as necessary for protection or completion of Work. 16 b. Provide temporary heat and ventilation to assure safe working conditions. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off-site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. 43 D. Temporaiy Fencing 44 1. Provide and maintain for the duration or construction when required in contract 45 documents CITY OF FORT WORTH Kings Oak Crrcle and Haltoiri Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 O1 5000-3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1 E. Dust Control 2 1. Contractor is responsible for maintaining dust control through the dut•ation of the 3 project. 4 a. Contractor remains on-call at all times 5 b. Must respond in a timely manner 6 F. Temporary Protection of Construction 7 1. Contractor or subcontractors are responsible for protecting Work from damage due 8 to weather. 9 1.5 SUBMITTALS [NOT USED] 10 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] i i i.7 CLOSEOUT SUBMITTALS [NOT USED] 12 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 13 1.9 QUALITY ASSURANCE [NOT USED] 14 1.10 D�LIVERY, STORAGE, AND HANDLING [NOT US�D) is 1.11 FIELD [SITE) CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART 2- PRODUCTS [NOT USED] 18 PART 3- EXECUTION [NOT USED] 19 3.1 INSTALLERS [NOT USED] 20 3.2 CXAMINATION [NOT USED] 21 3.3 PREPARATION [NOT USED] 22 3.4 INSTALLATION 23 A. Temporary Facilities 24 1. Maintain all temporary facilities for duration of construction activities as needed. CITY OF FORT WORTH Kings Oak Circle and Hahonr Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July I, 2011 O1 5000-4 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1 3.5 [REPAIR] / [RESTORATION] 2 ' 3.6 RE-INSTALLATION 3 3.7 FIELD [oR] SITE QiJALITY CONTROL [NOT USED] 4 3.8 SYSTEM STARTUP [NOT USED] 5 3.9 ADJUSTING [NOT USED] 6 3.10 CLEANING [NOT USED] 7 3.11 CLOSEOUT ACTIVITIES 8 A. Temporary Facilities 9 1. Remove all temporary facilities and restore area after completion of the Work, to a 10 condition equal to or better than prior to start of Work. 11 3.12 PROTECTION [NOT USED] 12 3.13 MAINTENANCE [NOT USED] 13 3.14 ATTACHMENTS [NOT USED] 14 END OF SECTION 15 Revision Log DATE NAME SUMMARY OF CHANGE � CITY OF FORT WORTH Kings Oak Circle and Hal�om Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 015526-1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 1 2 SECTION O1 55 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PARTl- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 l. Administrative procedures for: 7 a. Street Use Permit 8 b. Modifcation of approved traffic control 9 c. Removal of Street Signs l0 B. Deviations from this City of Foi�t Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1— General Requirements 15 3. Section 34 71 13 — Traffic Conti•ol 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measur•ement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFCRGNCES 21 A. Reference Standards 22 1. Reference standards cited in this specification refer to the current reference standard 23 published at the time of the latest revision date logged at the end of this 24 specification, unless a date is specifically cited. 25 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 26 1.4 ADMINISTRATIVC REQUIR�MENTS 27 28 29 30 31 32 33 34 35 36 37 38 A. Traffic Control 1. General a. When traffic control plans are included in the Drawings, provide Traffc Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B. Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. CITY OF FORT WORTH Kings Onk Crrcle and Halto�rt Rond Drainage Improvements STANDARD CONSTRUCT[ON SPEC[FICA'CION DOCUMENTS City Project No. 000483 Revised July l, 20l 1 015526-2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1 2, 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 1.5 1) Allow a minimum of 5 working days for permit review. 2) Contractor's responsibility to coordinate review of Traffc Control plans for Street Use Permit, such that construction is not delayed. C. Modification to Approved Traffic Control 1. Prior to installation traffic control: a. Submit revised trafiic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D. Removal of Street Sign 1. If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E. Temporary Signage 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F. Traffic Control Standards 1. Traffic Control Standards can be found on the City's Buzzsaw website. SUBMITTALS [NOT USED] 27 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 30 1.9 QUALITY ASSURANCE [NOT USED] 31 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 32 33 34 1.11 FI�LD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] 35 PART 3- CXECUTION [NOT USED] 'c�� END OF SECTION CITY OF FORT WORTH Kings Oak Crrcle and Haltom Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July I, 2011 01 55 26 - 3 STREET USE PERMIT AND MODIFICATIONS TO TRAFEIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Kings Onk Circle and Hn11om Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July I, 201 l 015713-1 STORM WATER POLLUTION PREVENTION Page 1 of 3 1 2 SECTION O1 57 13 STORM WATER POLLUTION PREVENTION 3 PART1- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 3. Section 31 25 00 — Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance a. Measurement and Payment shall be in accordance with Section 31 25 00. 1.3 REFERENCES A. Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A. General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH Krngs Oak Circle and Haltom Roacl Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 20ll 01 57 13 - 2 STORM WATER POLLUTION PREVENTION Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 B. Construction Activities resulting in: � 3 Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 31 25 00 and Drawings. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR 150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transpor�tation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Dt•awings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with; a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 40 1.5 SUBMITTALS 41 42 43 44 45 46 47 A. SWPPP Submit in accordance with Section Ol 33 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transpoi�tation and Public Works, Environmental Division for review CITY OF FORT WORTH Kings Oak Circ(e and Hal�om Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 201 I 015713-3 STORM WATER POLLUTION PREVENTION Page 3 of 3 1 � B. Modified SWPPP 2. 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 3 in accordance with Section O1 33 00. 4 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 5 1.7 CLOS�OUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT US�D] 7 1.9 QUALITY ASSURANCE [NOT USED] 8 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 9 1.11 FIELD (SITE] CONDITIONS [NOT USED] 10 1.12 WARRANTY [NOT USED] 11 PART 2- PRODUCTS [NOT USED] 12 PART 3- EXECUTION [NOT USED] 13 END OF SECTION 14 Revision Log DATE NAME SUMMARY OF CHANGE 15 CITY OF FORT WORTH Kings Oak Circle and Haltour Rond Drainage finprovements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 015813-1 TEMPORARY PROJECT SIGNAGE Page i of 3 1 2 3 PARTl- GEN�RAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 S�CTION O1 58 13 TEMPORARY PROJECT SIGNAGE A. Section Includes: 1. Temporary Project Signage Requirements B. Deviations from this City of Fort Worth Standard Specifcation 1. None. C. Related Specifcation Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Itetns bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIV� REQUIR�MENTS [NOT USED] 1.5 SUBMITTALS [NOT US�D] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USCD] 1.7 CLOSCOUT SUBMITTALS [NOT USED] 1.8 MAINTENANC� MATERIAL SUBMITTALS [NOT USGD] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 D�LIVERY, STORAG�, AND HANDLING (NOT USCD] 24 1.11 FIELD [SITE] CONDITIONS [NOT US�D� 25 1.12 WARRANTY [NOT USED] 26 27 28 29 30 31 PART 2 - PRODUCTS 2.1 OWNER-FURNISH�D (oa) OWNER-SUPPLICDPRODUCTS [NOT USED] 2.2 EQUIPMENT, PRODUCT TYP�S, AND MATERIALS A. Design Criteria 1. Provide free standing Project Designation Sign in accordance with City's Standard Details for project signs. CITY OF FORT WORTH Kings Onk Circle and Haho�n 2oad Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July I , 2011 015813-2 TEMPORARY PROJECT SIGNAGE Page 2 of 3 1 • B. Materials 2 . 1. Sign 3 a. Constructed of 3/4-inch iir plywood, grade A-C (exterior) or better 4 2.3 ACCESSORIES [NOT USED] 5 2.4 SOURCE QUALITY CONTROL [NOT USED] 6 PART 3 - EXECUTION 7 3.1 INSTALLERS [NOT USED] 8 3.2 EXAMINATION [NOT USED] 9 3.3 PREPARATION [NOT USED] 10 3.4 INSTALLATION 11 A. General 12 1. Provide vertical installation at extents of project. 13 2. Relocate sign as needed, upon request of the City. 14 B. Mounting options 15 a. Skids 16 b. Posts 17 c. Barricade 18 3.5 REPAIR / RESTORATION [NOT USED] 19 3.6 RE-INSTALLATION [NOT USED] 20 3.7 FIELD (oR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING [NOT USED] 24 3.11 CLOSEOUT ACTIVITIES [NOT USED] 25 3.12 PROTECTION [NOT USED] 26 3.13 MAINTENANCE 27 A. General 28 1. Maintenance will include painting and repairs as needed or directed by the City. 29 3.14 ATTACHMCNTS [NOT USED] 30 END OF SECTION 31 CITY OF FORT WORTH Kings Onk Circle and Hallonr Road Drainage Lnprovements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 Ol 58 13-3 TEMPORARY PROJECT SIGNAGE Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Krngs Oak Crrde and Hallom Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 01 60 00 - 1 PRODUCT REQUIREMENTS Page 1 of 2 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION O1 60 00 PRODUCT REQUIREMENTS 5 A. Section Includes: 6 1. A listing of the approved products for use in the City 7 B. Deviations fi•om this City of Foi�t Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1— General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 13 1.3 REFERENCES [NOT USED] 14 1.4 ADMINISTRATIVE REQUIREMENTS 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 A. A list of City approved products for use is attached to this Section. B. Only products specifically included on City's Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. C. Any specific product requirements in the Contract Documents supersede similar products included on the City's Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City's Standard Product List. D. Although a specific product is included on City's Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer's standard product. E. See Section O 1 33 00 for submittal requirements of Product Data included on City's Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING (NOT USED] CITY OF FORT WORTH Kings Oak Crrcle and Hallonr Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 201 I 016000-2 PRODUCT REQUIREMENTS Page 2 of 2 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3- EXECUTION [NOT US�D] 5 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE C1TY OF FORT WORTH Kings Oak Cirde and Haltom Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 201 I O l 66 00 - 1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 1 2 SECTION O1 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PART1- GENERAL 4 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Speciiication Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED) 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. CITY OF FORT WORTH Krngs Oak Circle and HaJlonr Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 20l 1 01 66 00 - 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 1 4. Deliver products or equipment in manufacturer's original unbroken cartons or oiher 2 containers designed and constructed to protect the contents from physical or 3 environmental damage. 4 5. Clearly and fully mark and identify as to manufacturer, item and installation 5 location. 6 6. Provide manufacturer's instl•uctions for storage and handling. 7 B. Handling Requirements 8 1. Handle products or equipment in accordance with these Contract Documents and 9 manufacturer's recommendations and instructions. 10 11 12 13 14 15 16 17 C. Storage Requirements 1. Store materials in accordance with manufacturer's recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 18 3. 19 20 21 22 4. 23 24 5. 25 26 27 28 29 30 31 32 7 8 33 34 35 36 37 38 �1 ICeep mater•ials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining ownet•s, tenants and occupants. a. Arrange storage to provide easy access for inspection. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City's Project Representative. Provide off-site storage and protection when on-site storage is not adequate. a. Provide addresses of and access to off-site storage locations for inspection by City's Project Representative. 6. Do not use lawns, grass plots or other private pr•operty for storage purposes without written permission of owner or other person in possession or control of premises. Store in manufacturers' unopened containeis. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to propei�ty owners and general public and maintain at least 3 feet from fire hydrant. I{eep public and private driveways and street crossings open. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City's Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City's Project Representative. CITY OF FORT WORTH Kings Onk Circle ancl Hal�onr Road Drainage Lnprovements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July I, 2011 016600-3 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1 111�� FIELD [SITE] CONDITIONS [NOT USED] 2 � 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3.1 INSTALLCRS [NOT US�D] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non-Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP (NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CL�ANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANC� [NOT USED] 3.14 ATTACHMENTS [NOT USED] CND OF SECTION CITY OF FORT WORTH Kings Oak Circle and Halrom Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July t , 20ll O16600-4 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Kings Onk Circle and Hahon� Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July l, 20ll 017123-1 CONSTRUCTION STAKING Page i of 3 1, 2 3 PART1- G�NERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 SECTION O1 71 23 CONSTRUCTION STAKING A. Section includes: 1. Requirements for construction staking. B. Deviations fi•om this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Construction Stakes 1. Construction staking will be performed by the City. 2. Coordination a. Contact City's Project Representative at least 2 weeks in advance for scheduling of Construction Staking. 3. General a. It is the Contractor's responsibility to coordinate staking such that construction activities are not delayed or negatively impacted. b. Contractor is responsible for preserving and maintaining stakes furnished by City. c. If in the opinion of the City, a sufficient number of stakes or markings have been lost, destroyed or disturbed, by Contractor's neglect such that the contracted Work cannot take place, then the Contractor will be required to pay the City for new staking with a 25 percent markup. 1) The cost for staking will be deducted from the payment due to the Contractor for the Project. 1.5 SUBMITTALS A. Submittals, if required, shall be in accordance with Section O1 33 00. 1. All submittals shall be approved by the Engineer or the City prior to delivery. CITY OF FORT WORTH Kings Oak Circle and Hahou� Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 01 7l 23 - 2 CONSTRUCTION STAKING Page 2 of 3 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 2 A. Certificates 3 1. Provide certificate certifying that elevations and locations of improvements are in 4 conformance or non-conformance with requirements of the Contract Documents. 5 a. Certificate must be sealed by a registered professional land surveyor in the 6 State of Texas. 7 B. Field Quality Control Submittals 8 1. Documentation verifying accuracy of field engineering work 9 1.7 CLOSEOUT SUBMITTALS [NOT US�D] 10 1.8 MAINTENANCE MATERIAL SUSMITTALS (NOT US�D] 11 1.9 QUALITY ASSURANCE 12 A. Use adequate numbers of skilled workmen who are thoroughly trained and experienced 13 in the necessary crafts and who are completely familiar with the specified requirements 14 and the methods needed for proper performance of the Work. 15 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 16 L11 FIELD [SITE] CONDITIONS [NOT USED] 17 1.12 WARRANTY [NOT USED) 18 PART 2- PRODUCTS [NOT USED] 19 PART 3 - EXECUTION 20 3.1 INSTALLERS [NOT USCD] 21 3.2 EXAMINATION [NOT US�D] 22 23 24 25 26 27 28 29 30 31 3.3 PREPARATION A. Verify location and protect control points before commencing Work. B. Notify City's Project Representative immediately of any discrepancies discovered. 3.4 APPLICATION [NOT USCD] 3.5 REPAIR / RESTORATION [NOT US�D] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [oRj SIT� QUALITY CONTROL A. Preserve permanent reference points during progress ofthe Work. B. Do not change or relocate reference points without approval from the City. C. Utilize recognized engineering survey practices. CITY OF FORT WORTH Kings Oak Circle and Haltom Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised Ju(y l, 20ll 017123-3 CONSTRUCTION STAKING Page 3 of 3 1 3.8 SYSTEM STARTUP [NOT USED] 2 ` 3.9 ADJUSTING [NOT USED] 3 3.10 CLEANING [NOT USED] 4 3.11 CLOSEOUT ACTIVITIES [NOT USED] 5 3.12 PROTECTION [NOT USED] 6 3.13 MAINTENANCE [NOT USED) 7 3.14 ATTACHMENTS (NOT USED] 8 END OF SECTION 9 10 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Kings Oak Cr�•cle and Halloin Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 01 74 23 - 1 CLEANING Page t oF4 1 2 3 PART1- G�NERAL 4 1.1 SUMMARY 5 6 � 8 9 l0 11 12 13 14 SECTION O1 74 23 CLEANING A. Section Includes: 1. Intermediate and fnal cleaning for Work not including special cleaning of closed systems specifed elsewhere B. Deviations fi•om this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 3. Section 32 92 13 — Hydro-Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various Items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENC�S [NOT US�D] 19 1.4 ADMINISTRATIV� REQUIREM�NTS 20 A. Scheduling 21 1, Schedule cleaning operations so that dust and other contaminants disturbed by 22 cleaning process will not fall on newly painted surfaces, 23 2. Schedule final cleaning upon completion of Work and immediately prior to final 24 inspection. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USCD� 28 1.8 MAINTENANC� MATCRIAL SUBMITTALS [NOT US�D] 29 1.9 QUALITY ASSURANC� [NOT US�D] 30 1.10 STORAGE, AND HANDLING 31 A. Storage and Handling Requirements 32 1. Store cleaning products and cleaning wastes in containers specifically designed for 33 those materials. CITY OF FORT WORTH Kings Oak Cirde nnc! Halfonr Road Drainage Unprovements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 201 l 017423-2 CLEANING Page 2 of 4 � i.it� FI�Ln �siTE� coNnlTioNs �NOT usEn� 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS 4 2.1 OWNER-FURNISHED (oR] OWN�R-SUPPLIEDPRODUCTS (NOT USED] 5 2.2 MATERIALS 6 A. Cleaning Agents 7 1. Compatible with surface being cleaned 8 2. New and uncontaminated 9 3. For manufactured surfaces 10 a. Material recommended by manufacturer 11 2.3 ACCESSORIES [NOT USED] 12 2.4 SOURCE QUALITY CONTROL [NOT USED] 13 PART 3 - EXECUTION 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL (NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH Kings Oak Ch•cle and Hahom Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 017423-3 CLEANING Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary constl•uction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on-site. B. Intermediate Cleaning during Construction 1. ICeep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul fi�om site at a minimum of once per weelc 4. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecuf•ed items, which may become airborne or transported by flowing water during the storm. C. Interior Final Cleaning l. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other foreign materials from sight-exposed surfaces. 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 3. Wash and shine glazing and mirrors. 4. Polish glossy surfaces to a clear shine. 5. Ventilating systems a. Clean permanent filters and replace disposable filters if units were operated during construction. b. Clean ducts, blowers and coils if units were operated without ftlters ducing construction. 6. Replace all burned out lamps. 7. Broom clean process area floors. 8, Mop office and control room floors. D. Exterior (Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a. Re-seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of tcaffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. CITY OF FORT WORTH Kings Onk Circle and Hnl�au Road Drainage Lnprovements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 20(1 � � � E , E 017423-4 CLEANING Page 4 of 4 1 � 4. If no longer required for maintenance of erosion facilities, and upon approval by 2 City, remove erosion control from site. 3 5. Clean signs, lights, signals, etc. 4 3.11 CLOSEOUT ACTIVITIES [NOT USED] 5 3.12 PROTECTION [NOT USED] 6 3.13 MAINTENANCE [NOT USED] 7 3.14 ATTACHMENTS [NOT USED] 8 END OF SECTION � Revision Log DATE NAME SUMMARY OF CHANGE 10 CITY OF FORT WORTH Kings Oak Circle and Haltom Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 01 77 19 - I CLOSEOUT REQUIREMENTS Page 1 of 3 1 2 3 PART1- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 l0 11 12 1.2 SECTION O1 77 19 CLOSEOUT REQUIREMENTS A. Section Includes; 1. The procedure for closing out a contract B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contcact 2. Division 1— General Requirements PRICE AND PAYM�NT PROC�DURES 13 A. Measurement and Payment 14 l. Work associated with this Item is considered subsidiary to the various Items bid. 15 No sepat•ate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMCNTS 18 A. Guarantees, Bonds and Affidavits 19 1. No application for final payment will be accepted until all guarantees, bonds, 20 certificates, licenses and affidavits required for Work or equipment as specified are 21 satisfactorily filed with the City. 22 B. Release of Liens or Claims 23 1. No application for final payment will be accepted until satisfactory evidence of 24 release of liens has been submitted to the City, 25 1.5 SUBMITTALS 26 A. Submit all required documentation to City's Project Representative. CITY OF FORT WORTH Kings Oak Crrcle and Hnito�n Road Drainage 6nprovements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July I, 201 I 01 77 19 - 2 CLOSEOUT REQUIREMENTS Page 2 of 3 1 1.6 ° INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALL�RS (NOT USED] 6 3.2 �XAMINATION [NOT USED] 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 3.� 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section O1 78 39 2. Operation and Maintenance Data, if required, in accordance with Section O1 78 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section O1 74 23. C. FinalInspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessary items include, but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses £ Vault keys g. Handwheels h. Other expendable items as required for initial stat�t-up and operation of all equipment D. Notice of Project Completion CITY OF FORT WORTH Kings Oak Circle and Haltom 2oad Drainage Lnprovements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 20ll 01 77 l9 - 3 CLOSEOUT REQUIREMENTS Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 � 1. Once the City Project Representative finds the Work subsequent to Final Inspeotion to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affdavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Repor�t (if required) £ Contractor's Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 R�PAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT US�D] 3.7 FIELD �oR] SIT� QUALITY CONTROL [NOT USED� 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT US�D] 3.10 CLEANING [NOT USED] 3.11 CLOSEOOT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTCNANCE [NOT US�D] 3.14 ATTACHMENTS [NOT USED] �ND OF S�CTION Revision Log DATE NAME SUMMARY OF CHANGE � CITY OF FORT WORTH Kings Onk Circle and Hahom Road Drainage Itnprovements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July l, 2011 01 78 23 - 1 OPERATION AND MAINTENANCE DATA Page 1 of 5 1 2 3 PART1- G�NERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 � 23 24 25 26 SECTION O1 78 23 OPERATION AND MAINTENANCE DATA A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) c. Butterfly Valves B. Deviations from this City of Fort Woi�th Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS 27 A. Submittals shall be in accordance with Section O1 33 00 Submittal Procedures. All 28 submittals shall be approved by the City prior to delivery. 29 1.6 INFORMATIONAL SUBMITTALS 30 31 32 33 34 35 36 37 A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8'/2 inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer's printed data, or neatly typewritten CITY OF FORT WORTH Kings Dak Circle ancl Haltonr Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July l, 2011 O( 7823-2 OPERATION AND MAINTENANCE DATA Page 2 of 5 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e. Provide fly-leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f. Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual 3. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content 22 1. Neatly typewritten table of contents for each volume, arranged in systematic ordei• 23 a. Contractor, name of responsible principal, address and telephone number 24 b, A list of each product required to be included, indexed to content of the volume 25 c. List, with each product: 26 1) The name, address and telephone number of the subcontractor or installer 27 2) A list of each product required to be included, indexed to content of the 28 volume 29 3) Identify area of responsibility of each 30 4) Local source of supply for parts and replacement 31 d. Identify each product by product name and other identifying symbols as set 32 forth in Contract Documents. 33 2. Product Data 34 a. Include only those sheets which are pertinent to the specific product. 35 b. Annotate each sheet to: 3G 1) Clearly identify specific product or part installed 37 2) Clearly identify data applicable to installation 38 3) Delete references to inapplicable information 39 3. Drawings 40 a. Supplement product data with drawings as necessary to clearly illustrate: 41 1) Relations of component parts of equipment and systems 42 2) Control and flow diagrams 43 b. Coordinate drawings with information in Project Record Documents to assure 44 correct illustration of completed installation. 45 c. Do not use Project Record Drawings as maintenance drawings. 46 4. Written text, as required to supplement product data for the particular installation: 47 a. Organize in consistent format under separate headings for different procedures. 48 b. Provide logical sequence of instructions of each procedure. CITY OF FORT WORTH Kings Oak Circle and Haltoui 2ond Drainage Lnprovements STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS City Project No. 000483 Revised July 1, 20l 1 O17823-3 OPERATION AND MAINTENANCE DATA Page 3 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut-down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions £ Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams CITY OF FORT WORTH Kings Oak Circle and Haltoat Road Drainage Improvements S1'ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 01 78 23 - 4 OPERATION AND MAINTENANCE DATA Page 4 of 5 i i. Charts of valve tag numbers, with location and function of each valve 2 j. List of original manufacturer's spare parts, manufacturer's current prices, and 3 recommended quantities to be maintained in storage 4 k. Other data as required under pertinent Sections of Specifications 5 3. Content, for each electric and electronic system, as appropriate: 6 a. Description of system and component parts 7 1) Function, normal operating characteristics, and limiting conditions 8 2) Performance curves, engineering data and tests 9 3) Complete nomenclature and commercial number of replaceable parts l0 b. Circuit directories of panelboards 11 1) Electrical service 12 2) Controls 13 3) Communications 14 c. As installed color coded wiring diagrams 15 d. Operating procedures 16 1) Routine and normal operating instructions 17 2) Sequences required 18 3) Special operating instructions 19 e. Maintenance procedures 20 1) Routine operations 21 2) Guide to "trouble shooting" 22 3) Disassembly, repair and reassembly 23 4) Adjustment and checking 24 f. Manufacturer's printed operating and maintenance instructions 25 g. List of original manufacturer's spare parts, manufacturer's current prices, and 26 recommended quantities to be maintained in storage 27 h. Other data as required under pertinent Sections of Specifications 28 4. Prepare and include additional data when the need for such data becomes apparent 29 during instruction of City's personnel. 30 1.7 CLOSEOUT SUBMITTALS [NOT USED] 31 1.8 MAINT�NANCE MATERIAL SUBMITTALS [NOT US�D) 32 1.9 QUALITY ASSURANCC 33 A. Provide operation and maintenance data by personnel with the following criteria: 34 1. Trained and experienced in maintenance and operation of described products 35 2. Skilled as technical writer to the extent required to communicate essential data 36 3. Skilled as draftsman competent to prepare required dcawings CITY OF FORT WORTH Krngs Onk Ch•cle nnd Hnbom Rond Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 01 78 23 - 5 OPERATION AND MA[NTENANCE DATA Page 5 of 5 1 1.1Q� DELIVERY, STORAGE, AND HANDLING [NOT USED] 2° l.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT US�D] 4 PART 2- PRODUCTS [NOT USED] 5 PART 3- EXECUTION [NOT USED] 6 END OF SECTION 7 Revision Log DATE NAME SUMMARY OF CHANGE 8 CITY OF FORT WORTH Kings Oak Cirde and Haltoin Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 201 I Ol 78 39 - 1 PROJECT RECORD DOCUMENTS Page t of 4 1 2 3 PART1- GEN�RAL 4 5 6 7 8 9 l0 11 12 13 14 IS 16 17 1.1 5UMMARY SCCTION O1 78 39 PROJECT RECORD DOCUMENTS A. Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitat•y Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiaiy to the various Items bid. 20 No sepacate payment will be allowed for this Item. 21 1.3 REFERENCCS [NOT US�D] 22 23 1.4 ADMINISTRATIVE REQUIRCMENTS [NOT USED] 1.5 SUBMITTALS 24 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 25 City's Project Representative. 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT US�D] 27 28 29 30 31 32 33 34 35 3G 1.7 CLOSEOUT 5UBMITTALS [NOT US�D] 1.8 MAINTENAIVCE MATERIAL SUBMITTALS [NOT US�D] 1.9 QUALITY ASSURANC� A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other pocuments where such entry is required to show the change properly. 2. Accuracy of t•ecords shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. CITY OF FORT WORTH Kings Oak Crrc(e and Haltont Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July (, 201 l i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 017839-2 PROJECT RECORD DOCUMENTS Page 2 of 4 � 3. To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] 17 PART 2 - PRODUCTS 18 2.1 OWNER-FURNISHED [ox] OWNER-SUPPLIED PRODUCTS [NOT USED] 19 2.2 RECORD DOCUMENTS 20 21 22 23 24 25 26 27 A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] 28 PART 3 - EXECUTION 29 3.1 INSTALLERS [NOT USED] 30 3.2 EXAMINATION [NOT USED] 31 3.3 PREPARATION [NOT US�D] 32 3.4 MAINTENANCE DOCUM�NTS 33 A. Maintenance of Job Set 34 1. Immediately upon receipt of the job set, identify each of the Documents with the 35 title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH Krngs Oak Cn•cle and Haltoir� Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July l, 20l 1 01 78 39 - 3 PROJECT RECORD DOCUMENTS Page 3 of 4 1 2. Preservation 2 a. Considering the Contract completion time, the probable number of occasions 3 upon which the job set must be taken out for new entries and for examination, 4 and the conditions under which these activities will be performed, devise a 5 suitable method for protecting the job set. 6 b. Do not use the job set for any purpose except entry of new data and for review 7 by the City, until start of transfer of data to final Project Record Documents. 8 c. Maintain the job set at the site of work. 9 3. Coordination with Construction Survey 10 a. At a minimum, in accordance with the intervals set forth in Section Ol 71 23, 11 clearly mark any deviations from Contract Documents associated with 12 installation of the infi•astructure. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a"cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as speciiically issued in writing by the City. B. Final Project Record Documents 43 1. Transfer of data to Drawings 44 a. Carefully transfer change data shown on the job set of Record Drawings to the 45 corresponding final documents, coordinating the changes as required. 46 b. Clearly indicate at each affected detail and other Drawing a full description of 47 changes made during construction, and the actual location of items. CITY OF FORT WORTH Kings Oak Circle and Halloui Road Drainage 6nprovements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 201 I 017839-4 PROJECT RECORD DOCUMENTS Page 4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 F�� a Call attention to each ent�y by drawing a"cloud" around the area or areas affected. d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other pocuments a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been oi•derly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] �ND OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Kings Oak Circle mtd Haltom Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised Ju(y l, 2011 APPENDIX GC-4.01 Availability of Lands all wos•ks associated witlz this project will be perfor•naed in City Rzghi of Way. GC-4.02 Subsurface and Physical Conditions N/A GC-4.04 Underground Facilities N/A GC-4.06 Hazardous Environmental Condition at Site N/A GC-6.06.D Minority and Women Owned Business Enterprise Compliance MWBE inclarded GC-6.07 Wage Rates applicable wage rate table(s) for this Pf�oject included GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination N/A GR-O 1 60 00 Product Requirements City's ca�rr•ent Standard Proda�ct List inclaided CITY OF FORT WORTH Kings Oak Circle and Haltom Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July I, 2011 GC-4.01 Availability of Lands THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Kings Oak Circle and Haltom Road Drainage Improvements STANDARD CONSTRUCTION SPECIfICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 GC-4.02 Subsurface and Physical Conditions THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Kings Ook Circle and Haltom Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City ProJect No. 000483 Revised July l, 2011 GC-4.04 Underground Facilities THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Kings Oak Circle and Haltom Road Drainage Improvements City Project No. 000483 GC-4.06 Hazardous Environmental Condition at ��ite THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Kings Oak Circle and Haltom Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 201 l G�-6.06.D Minority and Women Owned Business Enterprise Compliance � � , . � . CITY OF FORT WORTH Kings Oak Circle and Haltom Road Drainage Improvements I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July l, 2011 F<)RT WOR'I'H City of Fort Worth Minority Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is greater than $50,000, then a MBE subcontracting goal may be applicable. If the total dollar value of the contract is $50,000 or less, then an MBE subcontracting goal is not applicable. i1•»��-��r_���►a»�y� It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance applies to this bid. MBE PROJECT GOAI�.:a The City's MBE goal on this project is 14 % of the total bld (Base bid applies to Parks and Commimity Services). �lote: If both MBE and SBE subcontracting goals are established for this project, then an Offeror must si�bmit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. COMPLIANCE TO BID SPECIFICATIONS On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are required to comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation, or; 3. Good Faith Effort documentation, or; 4. Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the MBE documentation in person to the appropriate einployee of the managing department and obtain a date/time receipt. Such receipt shall be eviclence that the City received the documentation in the tiir�e allocated. /� faxed copy will not be accepted. 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. stated goal: 3. (;ood 1=aith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Fonn, if no ME3E participation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contaci: tPie IUI/1N131: OfiPice ai (F3�1�1) 2'IJ.-26�7��. Rev. 5/30/12 FO liT WO R�r H _.__._,,,,,,,���,,. —3�)—'j? n�.� - � City of Fort Worth Minority Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is greater than $50,000, then a MBE subcontracting goal may be applicable. If the total dollar value of the contract is $50,000 or less, then an MBE subcontracting goal is not ap licable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance applies to this bid. MBE PROJECT GOALS The City's MBE goal on this project is 14 % of the total bid (Base bid applies to Parks and Community Services). Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. COMPLIANCE TO BID SPECIFICATIONS On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are required to comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation; or; 3. Good Faith Effort documentation, or; 4. Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. ;The Offeror, shall deliver #he MBE documentatian ir� tperson to the appropriate e.mployee of the managiiig department and obtain a.d'ate/time receipt. Such receipi;shall be . -, . : : . �, . , { evidence,that tlie City received_the documentation in, the time all.ocated, A faxed copy,will not be accepted., 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: openin date, exclusive of the bid openin date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. stated oal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no MBE participation: o enin date, exclusive of the bid o enin date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid erform all subcontractin /sup lier work: o ening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed oal. o enin date, exclusive of the bid o enin date. FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at (817) 212-2674. Rev, 5/30/12 :l�-s�-12 a"%"I �, �f,; ATTACHMENT1A Page 1 of 4 F(�RT WQRTH City of Fort Worth MBE Subcontractors/Suppliers Utilization Form Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p,m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. ' The undersigned Offeror agrees to enter into a formal agreement with the MBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications MBEs listed toward meeting the project goal must be located in the six (6) county marketplace at the time of bid. Marketplace is the geographic area of Tarrant Dallas Denton Johnson Parker and Wise counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1S` tier, a payment by a subcontractor to its supplier is considered 2�d tier ALL MBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located within the Marketplace, that have been determined to be a bondafide minority business enterprise by the North Central Texas Regional Certification Agency (NCTRCA): or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth. If hauling services are utilized, the prime will be given credit as long as the MBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The MBE may lease trucks from another MBE firm, including MBE owner-operators, and receive full MBE credit. The MBE may lease trucks from non-MBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the MBE as outlined in the lease agreement. Rev. 5/30/12 Identify all subcontractors/suppliers you will use on this project l,� �r __ � (,j _ i C� �'.i � � � : I �,i FoRT� Wox�rM Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. MBE firms are to be listed first, use additional sheets if necessary. If a subcontractor/supplier is identified as an SBE, please attach a copy of the firm's SBE certification if they have not previously registered with the City's MM/BE Office, which may be contacted for verification. Piease note that onl certified MBEs will be counted to meet an MBE oal. Attach N NCTRCA Certificate ° SUBCONTRACTOR/SUPPLIER T n Detail Detail Company Name i Subcontracting Supplies Address e M W S M Work Purchased Dollar Amount Telephone/Fax � B B B B E E E E � ut�;�n � � �i'�'S � �au. \ f�-�. � �9 D(� R013ERT GRANADOS TRUCKING � 5412 Kingsiink Circle ❑ ❑ Su ,��) (� s Fort Worth, Texas 76135 (817) 237-3520 Co,ncr�e�� � � o0 COWTO�i'N REDI-MIX � R ed � `�'' 1�"" PO Box 162327 ❑ ❑ �� l � Fort Worth, Texas 76161 v (817) 759-1919 f (817) 759-1716 J csse �• TA y I o� D; i C'a. �u e.l ��a, Oda,00 37D! N. Sy t yqn;a. � ❑ ❑ For�. U�Ot�.►,�T'X ��/37 C8/7) 83l -o(� p� HD SUPPLY WATERWORKS, Ltd. �" e� �, p� PO Box 840700 �; �; ,�s 5 �� a, �oo•°° Dallas, Texas 75284 I � � Va � �� S (817)595-0580 T .x-ns� '� ��n MJ PIPELINE INSPEC'I'ION, INC. � v PO Box 851 �❑� ❑ L`� eS gD0 i� GranUury, TX 76048-0851 Melody Bendewald (817) 946-1126 �'�P�►��P �- � a►g,7op �v RINICER MATERIALS i—' � �"� �S S PO Box 73019� ❑ ❑ `�'� `v� S Dallas, Texas 75373 _ � � (817)491-4321 0197 ATTACHMENT1A Page 2 of 4 Rev. 5/30/12 FOR7' WOR�I'H .._..�,,�.. �3-30-12 P01 :53 ��`IATTACHMENT1A Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. Please list MBE firm's first, use additional sheets if necessary. If a subcontractor/supplier is identified as an SBE, please attach a copy o� the firms SBE certification if they have not previously registered with the City's MNVBE Office which may be contacted for verification. Please note that onl certified MBEs will be counted to meet an MBE oal. Attach N NCTRCA �ertificate � SUBCONTRACTOR/SUPPLIER 7 ° Detail Detail Company Name i Subcontracting Supplies Dollar Amount Address e M W S M Work Purchased Telephone/Fax r B B B B E E E E � � � � � � � � � � � � Rev. 5/30/12 r� FURT' W()RTH � � n— 3 Q—�� � P(1 �-� 4 �'��ATTACHMENT 1A Page 4 of 4 Total llollar Amount of MBE Subcontractors/Suppliers � ��r 5no,� Total Dollar Amount of Non-MBE Subcontractors/Suppliers � a� y� / OQ•� TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS � 3�9� Lo �D •�� The Contractor will not make additions, deletions, or substitutions to this certified list` without the prior approval of the Minority and Women Business Enterprise Office through the submittal of a Requesf for Approval o Change/Addition form. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed MBE goal, If the detail explan�tion is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and any special arrangements with MBEs. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers participating on the contract that will substantiate the actual work performed by the MBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of the contract and may result in a determination of an irresponsible Offeror and debarment from participating in City work for a period of time not less than one (1) year. �riz S7'gnature '" �'PS � � r� -� Title �.� �a+,� r��ruc.-{i� �, L� Company Name �� �_�1_/X ��� Y � Address �►�� ��,�h,�X 7(��I� City/State/Zip J����, �n�.-�r Printed Sign ture �c� �� �ontact Name/Title (if different1�.� )'1C�'n2� l--C.�.� i�51Ty- �^7 4 3 C��'7 , 5 34�^�f 55 L� Telephone and/or Fax �� P,Y'��I � C,1��lG.-�S�'f � C.C��m nail Addre s c��l �I a��� Date Rev. 5/30/12 ATTACHMENT 1C Page 1 of 3 Fc� RT Wv RT H City of Fort Worth MBE Good Faith Effort Form PRIME COMPANY NAME: Check applicable block to describe prime Conatser Construction TX, LP PROJECT NAME: Nl/W/I�BE X NON-M/INIDBF Kings Oak Circle and Haltom Road Drainage Improvements BID DATE August 30, 2012 City's MBE Project Goal: Prime's MBE Project Commitment: PROJECT NUMBER 14 0�o a�o 00483 DOE 6803 If the Offeror did not meet or exceed the MBE subcontracting goal for this project, the Offeror must complete this form. If the Offeror's method of compliance with the MBE goal is based upon demonstration of a "good faith effort", the Offeror will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 11 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation of the facts or intentional discrimination by the Offeror. Failure to complete this form, in its entirety with supporting documentation, and it being submitted to and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity for the completion of this project, regardless of whether it is to be provided by a MBE or non-MBE. (DO NOT LIST NAMES OF FIRMS) On all projects, the Offeror must list each subcontracting and or supplier opportunity regardless of tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Rev. 5/30/12 ATTACHMENT1C Page 2 of 3 2.) Obtain a current (not more than two (2) months old from the bid open date) list of MBE subcontractors and/or suppliers from the City's MIWBE Office or the City's website. Yes Date of Listing No 3.) Did you solicit bids from MBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? ❑ Yes (If yes, attach MBE mail listing to include name of firm and address and a dated copy of letter mailed.) �No 4.) Did you solicit bids from MBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? Y@S (If yes, attach list to include name of MBE firm, ep rson contacted, phone number and date and time of contact.) No 5.) Did you solicit bids from MBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by facsimile (fax), exclusive of the day the bids are opened? �Yes (If yes, attach list to include name of MBE firm, fax number and date and time of contact. In addition, if the fax is returned as undeiiverabie, then that "undeliverable confirmation" received must be printed directly from the facsimile for proper documentation. Failure to submit confirmation and/or "undeliverable confirmation" documentation may render the GFE non-responsive.) �_ No 6.) Did you solicit bids from MBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by email, exclusive of the day the bids are opened? �_Yes (If yes, attach email confirmation to include name of MBE firm, date and time. In addition, if an email is returned as undeliverable, then that "undeliverable message" receipt must be printed directly from the email system for proper documentation. Failure to submit confirmation and/or "undeliverable message" documentation may render the GFE non- responsive.) �_N o NOTE: The four methods identified above are acceptable for soliciting bids, and each selected method must be applied to the appiicable contract. The Offeror must document that either at least two attempts were made using two of the four methods or that at least one successful contact was made using one of the four methods in order to be deemed responsive to the Good Faith Effort requirement. NOTE: The Offeror must contact the entire MBE list specific to each subcontracting and supplier opportunity to be in compliance with questions 3 through 6. 7.) Did you provide plans and specifications to potential MBEs? �_Yes �_No 8.) Did you provide the information regarding the location of plans and specifications in order to assist the MBEs? Yes No Rev. 5/30/12 ATTACHMENT 1C Page 3 of 3 9. Did you prepare a quotation for the MBEs to bid on goods/services specific to their skill set? Y@S (If yes, attach all copies of quotations.) No 10.) Was the contact information on any of the listings not valid? � Yes (If yes, attach the information that was not valid in order for the MNVBE Office to address the corrections needed.) �_N o 11.)Submit documentation if MBE quotes were rejected. The documentation submitted shouid be in the forms of an affidavit, include a detailed explanation of why the MBE was rejected and any supporting documentation the Offeror wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the Offeror will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. (P/ease use additional sheets, if necessa , and attach. Com an Name Tele hone Contact Person Sco e of Work Reason for Re'ection ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain MBE participation on this project. The Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three '. (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance shall create a material breach of Rev. 5/30/12 ATTACHMENT 1C Page 4 of 3 contract and may result in a determination of an irresponsible offeror and debarment from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the MBE(s) listed was/were contacted in good faith. It is understood that any MBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. Authorized Signature President Printed Signature Title Conatser Construction TX, LP Company Name PO Box 15448 Address Fort Worth, TX 76119 City/StatelZip Contact Name and Title (if different) (817) 534-1743 Phone Number jerry@conatser.com Email Address Fax Number Date Rev. 5/30/12 FURT W(�RTH City of Fort Worth Prime Contractor Waiver Form ATTACHMENT 1B Page 1 of 1 PRIME COMPANY NAME: Check applicable block to describe prime Conatser Construction TX, LP PROJECT NAME: M/W/DBE � NC�f�I-Nl//�NDBE Kings Oak Circle and Haltom Road Drainage Improvements BID DATE August 30, 2012 City's MBE Project Goal: Prime's MBE Project Commitment: PROJECT NUMBER 14 o�a o�0 00483 DOE 6803 If both answers to this form are YES, do not complete ATTACHMENT 1C (Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1 C. This form is only applicable if bQth answers are yes. Failure to complete this form in its entirety and be received by the Manaqinq Department on or before 5:00 p.m., five (5) Citv business days after bid openinq, exclusive of the bid opening date, will result in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this NO project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) on this contract, the payment therefore and any proposed changes to the original MBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature President Title Conatser Construction TX, LP Company Name PO Box 15448 Address Fort Worth, TX 76119 City/State/Zip Printed Signature Contact Name (if different) (817) 534-1743 Phone Number Fax Number jerry@conatser.com Email Address Date Rev. 5/30/12 Joint Venture Page 1 of 3 FURT WORTH CITY OF FORT WORTH MBE Joint Venture Eli�ibility Form A/l questions v:r�st be n�rswered; use "N/A" if irot npplicnb/e. Name of City project' Kings Oak Circie and Haltom Road Drainage Improvements A joint venture fonn must be completed on each project RFP/Bid/Purchasing Number: 1. Joint venture information: Joint Venture Name: Joint Venture Address: (If npplicnb/e) Telephone: Facsimile: E-mail address: Cellular: Identify the firms that comprise the joint venture: Please attach extra sheets if additional space is required to provide detailed explanations of work fo be pertormed by each firm comprising the joint venture MBC firm Non-MB� firm name• name• Business Address: Business Address: City, State, Zip: City, State, Zip: Telephone Facsimile E-mail Telephone Facsimile Cellular Cellular Ccrtit"ication Status: E-mail address Name of Certifying Agency: 2. Sco e of worlc erformed b the Joint Venture: Describe the sco e of worlc of the MBG: Describe the sco e of worlc of tlie non-MB�: Rev. 5/30/12 Joint Venture Page 2 of 3 3. What is the percentage of MBE participation on this joint venture that you wish to be counted toward meeting the project goal? 4. Attach a copy of the joint venture agreement. 5. List components of ownership of joint venture: (Do not conrplele if this inforntalion is described in joint ventu�•e agreentent) Profit and loss sharing: Capital contributions, including equipment: Other applicable ownership interests: 6. Identify by name, race, sex and �rm those individuals (with titles) who are responsible for the day-to-day management and decision making of the joint venture: Financial decisions (to include Account Payable and Receivable): Management decisions: a. Estimating b. Marketing and Sales c. Hiring and Firing of management personnel d. Purchasing of major equipment and/or supplies Supervision of feid operations The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the MBE percentage applied toward the goal for the project listed on this form. NOTE: From and after the date of project award, if any of the participants, the individually defined scopes of work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's M/WBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the City's BDE Ordinance. Rev. 5/30/12 Joint Venture Pa e3of3 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessat•y to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payments herein. The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits, interviews with owners and examination of the books, records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract, which may be awarded under the provisions of this joint ventut•e's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false .statements or willful misre�resentation of facts; ---------------------------------------------------------------------------------------------------------- Name of MBE firm Name of non-MBE firm Printed Name of O�vner Printed Name of Owner Signature of Owner Signature of Owner Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner TiNe Title President Date Date Notarization State of On this County of day of , 20 , before me appeared and to me personally known and who, being duly sworn, did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as their fi•ee act and deed. Notary Public Print Name Notary Public Signature Commission Expires _ (sealJ Rev. 5/30/12 GC-6.07 Wage Rates �� ' • - ��►/: : :�►� CITY OF FORT WORTH Kings Oak Circle and Haltom Road Drainoge Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July I, 2011 City af Fort Worth, Texas Mayor and CaunciM �ommun�cat�or� �. -�.� � C�UNCIL ACTION: Appwoved on 7/8/2008 .,x� ..,,d..�.�,.e_�, DATE: Tuesday, July 0$, 2008 LOG NAME: 30WAGE RATES RE�ERENC� NQ.: **G-1619Q �l.J.�J_��_T: Adopt 2008 Prevailing Wage Rates for City-Awarded Public-Works Projects ,� . �.:w�-���.�..,�, REC M_. ENDATION: It is recomm�nded that the City Cauncil adopt the attached 2008 Prevafling Wage Rates for City-awarded public works projects. �.C�S��l: Texas Government Code Chapter 2258 requires that a public bady awarding a contract far public works shail determine the general prevaiNng rate of per diem wages for each craft or type of worker needed to execute the contract, and shall specify In the bid documents and in the contract the prevailing wage rates in that locality. Each year The G2uoin Chapter of the Assaciated Generai Contractars, in conjunction with the Assaciation of Builders and Contractors (ABC) and the American Sub-Contractors Association (ASA), conducts a wage rate survey for Narth Texas cons#ruction. The attached 2p08 Prevailing Wage Rate data was compiled from that survey. FISCA.�. INFORMATION/CER7I�ICATION: The Finance Director certi�es that this action will have no material effect on City funds, TO Fund/Accoun�nters �.ROM F�nd/Ac�ount/Centers Su "_ for Ci M na gr's Offfce b� O��ginatina De�art�nent Head: Fernando Costa (8476) A. Dougias Rademaker (6157) Additional Information Contac#: Eric Bundy (7598) X-�EAV°Y' & �iTGHWAY CONSTRiJCTION PREVAILING WACE RATES 2008 Air To�l Operator Batchin� Pl�nt VVeibher i3room or Sweeper Qperatar S3ulldozer Operator Carpenter � Concrete FinisheriPavin� __.� Concrete Pinishar, Sh�uctures Conerete 1'avin� Curbinp Machine ( Concrete Pavin� Finishin M� achine Concrete Paving 7oint Sealer Opea•a, Concrete paving Saw Operatar Conerete Pavinp Spreader �perator Concrete Rubber Crane, Clamshell, Backhoe, Derrick Electrician � Flagger Porm Builder/Setter, Structures Form Setter, Paving & Curb Paundation Drill Operator, Crawler Poundation Drill Oaerator, 'fruck N Front End I,nader i Laborer, Common Laborer, Utility Mechanic Miltin�Machine C Mixer Operator Mator Grader Oy�e Mptor Grader �pe Oiler Painter, Struewres Pavement Markin� Setter �r, Fine Grade Fine Grade Raller Onerator, Pneumatic, Seli=Propel Roller dperatar, Stee! VJheel, Flat VJhee Rolier �Uerator, SteeJ Wheel, Alant Mix Slip Form Machine Operator Spreader Box Operator Tractor Operator, Crawler T� Tractor Operator, I�neumatic Travelin� Mixer Operator Trucic Driver, Lowboy�Float Truck Driver, Sin�le Axle, I� Driver, Tandem Axle, Semi-' Driver. Transit-Mix Shovel Wagon Drill, Borin� Machine, I'ost Hole Driller Welder Work 7one Barricade Servicer 10,06 13,99 12.7$ �14.15 $ 9.�8 $13.22 �12.$0 $12.85 $13,27 $12.00 $13,63 $12.50 $13,56 $14,50 $10.G1 $14.12 $18.12 $ 8.43 $11,63 $11.83 $13.67 $16,30 $12.62 $ 9.18 $10.65 $ I G.97 $11,83 $11,5$ $15.20 $14.50 $�a.gs $13.17 $10.04 $1].04 $14.86 $16,29 $11.07 $10.92 $11.28 $i �.aa �12.3z $12.33 $1 O.I2 $12.60 $12.91 $12.03 $10.91 $11,75 $12.08 �14.40 $ l 3.57 $ l 0.09 2008 PR�VAILING WAGE I�ATES CC)NSTRUCTION INDUSTRY GC-6.09 Permits and Utilities THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July l, 2011 Kings Oak Circle and Haltom Road Drainage Improvements City Project No. 000483 APPLICATION FOR FLOODPLAIN DEVELOPMENT PERMIT Name of Owner or Applicant City of Fort Worth Address of Owner 1000 Throckmorton Street Fort Worth, TX 76106 Date 03/30/2012 Telephone No. 817-392-2485 Nearest Stream Dry Branch �ocation of Permit Area (Address or Legal Description) Outfail of proposed storm drain on Dry Branch of Trinity River DS of Haltom Road Crossing PURPOSE OF REQUEST: 1_7 Excavation �_� Filling i� Dredging or Mining PLEASE TYPE Permit No. �"�'— IZ-- o� -z �,F Offioe Use Only �.J.� Approved Approved ith L� Denied" Conditions' In: 3�-�„ ��, Date Out y, Approved X Utility Construction �._� Building Permit '..� Grading I� paving �. � Drilling Operetions i.__1 Other BRIEF DESCRIPTION OF PROPOSAL (Attach separate sheet if needed) The project is to construct an outfall for the Kings Oak Subdivision system. The proposed improvement will include an box culvert end treatmen# and18" rock rip-rap for erosion protection. The proposed improvements will not encroach into the existing channel profile. See attached exhibit. COMP�ETE APPLICABLE QUESTIONS: 1. Total drainage area of watercourse 1997 acres. 3. Has site previously flooded? /� Yes �_� No 5��-g �.' 2. Regulatory fiood elev. �'I� L� Not available. 4. Is site subject to flooding? /� Yes I.__.� No 5. Is safe access available during times of flood? �_� Yes /� No �J Unknown �� �" �/ 6. Is the proposal within the designated floodway? �(�I Yes /� No L�Unknown 7. Have all necessary prior approval permits been obtained from federal, state or local governmentai agencies? /� None Required �._I Yes i.� No (if no, explain; if yes, provide copies of approval letters or permits.) ATTACH THE FOLLOWING IF APPLICABLE: 1. Two (2) sets scale drawings showing location, dimensions, elevations of existing and proposed topographic alterations, existing and proposed structures, location relative to floodplain area. 2. Extent to which watercourse or natural drainage will be altered or relocated. 3. Supporting hydraulic caiculations, reports, etc., used as a basis for proposed improvements. 4. Lowest floor elevation (including basement) of all proposed structures. 5. Elevation to which any non-residential structure shal� be flood proofed. 6. Certification by registered professional engineer or architect that flood proofing criteria are met as set fo�th in Section 7-347, Sub-Section b, Ordinance No. 11998. DURING THE OCCURRENCE OF A 100-YEAR �R�QU�NCY FLOOD WILL TWE PROP4SAL: 1. Fteduce capacity of channels/floodways/watercourse in floodplain area� 2. Measurably increase f(ood flows/heiqhts/damaqe on off-site properti�s� 3. individually or combined with other �xisting or anticipated development expose adjacent __ properties to adverse flood effects� 4. Increase velocitiesivolumes of iibod w�ters sufficiently to creat� significant erosion of � floadp{ain soils on subject property or adjacent property upstream/downstream� 5. Encroach on fioodwaY causin increase in flond I�v�ls� C. Provide compensakory stora�c, e for any measurable lo�s af flnod stcrraae caear,itv� Yes Ir�fo. Not No Available X X X � X � ••�' • i •' ' �11 The City of Fort Worth's Fioodplain Permit Program is authorized by Section 7-318 of City Ordinance No. 11998, adopted June 13, 1995. 7his permit i5 required for all development taking place within the area of the 100-year floodplain (special flood hazard areas) as shown on the current �lood Insurance Rate Maps and Flood Boundary-Floodway Maps, published by the Federal Emergency Management Agency (FEMA). These maps are available for public inspection in the Engineering Department, Municipal Building, ' 1000 7hrockmorton Street. Failure to obtain a Floodplain Devefopment Permit or violating other provisions of City Ordinance No. 11998 or the conditions ' described within the permit constitutes a misdemeanor and upon conviction, a person, firm, or corporation could be fined up to one thousand dollars ($1,000) a day for each day that the violation occurs. I understand that the conditions which may be stated for permit approval or the provisions of City Ordinance No. 11998 may be superseded by other provisions of City code or policies. I further understand that this Fioodplain Development Permit does not constitute final approval until ali development requirements ; placed on the property have been met. These requirements include, but are not limited to, Ciry construction plan approval, platting and community facilities agreements. This proposal shall be subject to any change in floodplain development policy at the actual time of development. ' Application is hereby made for a permit to authorize the activities described herein. I hereby certify that I am familiar with the ` information contained on this appiication and to the best of my knowledge such information is true and accurate. I further certify that i possess the authorify to undertake the proposed acfivity. I understand that if my application is d nied, I have sixty (60) days from the ' date of such denial to appeal the adverse action to the City Plan Commissj�n. ��`., �• / - E , � �.� --- Signature of Applicant or Auth i �FFICE USE ONLY FLOODPLAIN AREA DEFINED BY: t� 1 FEMA I 1 COE _� FLOOD STUDIES L-; HIGH WATER MARKS �..� OTHER , FEMA INS. ZONE �•.E FEMA MAP NO. 4 g�{ 3��o r� 5� FLOOD ELEV. GROUND ELEV. FLOOD PLAIN STUDY PLATE NO. FLOOD ELEV. . CONDITIONS FQR APPROVAL* OR REASON5 FOR bENIAL*` � �,�., . � �U � C..., ii/i�-7 .��c. ('�- ,vi (�i � %' %S %y [2-,�`._...t.-s �t,�'� a�"��� ('--{.�un �t�-ri� GC-6.24 Nondiscrimination TI3IS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Kings Oak Circle and Haltom Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 GR-Ol 60 00 Product Requirements THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Kings Oak Circle and Haltom Road Drainage Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 000483 Revised July 1, 2011 CITY OF FORT WORTH'S UPDATED: 3-22-10 STANDARD PRODUCTS LIST Approval Spec No. Classsification Manufacturer Model No. National Spec Size WAST�WATER Manhole Inserts EI-Id Mnnholc Insert Knn�son Enlcr rises Madc lo Ordcr - Ploslic ASTM D 12JR For 24" din. E I-Id Monholc Inser� Notlow-Inllo�r Mndc �o Ordcr - Ploslic ASTM D 12JR For 24" din. 09/23l96 E1-14 Mmihole Inser� South�eestem PncAing � Seols, lnc. Li@$arer - Stoinlcss Slccl For 24" din. 0'7/23/�)G EI-14 Monhole Inserl Southweslem PacAing & Scols, lnc. TclherLok - Stainless S�ecl For 2d" din Manholes & Bases/Frames & Covers/Rectaneular Manholc Fmmes nnd Covtts Neslern Iron 1VarAs, Bnss & Ha �s Foundr • 1001 24"�d0" WD Mnnhole fmmes nnd Corers Vulcnn Foundn• G780 24"x40"WD Manholes & Bases/Frames & Covers/Standard (Round) EI-14 Mnnholc �rnmes nnd Covers 1Vestem Iron Norks, 6nss @ Hoys Poundq� 3002J 2d" Din. ELI4 Mnnhole Fmmes und Coeers McKinle � Iron Norks Inc. A 2-0 A�1 24" Dio. HI-14 Mnnhole Fmmes nnd Corers Neennh Casling 2A" Din. GLId Manhole Fmmcs ond Covcrs Vulcan Fonndry 13d2 ASTM A d8 24" Din. EI-IJ MnnholcPmmesandCovcrs SigmnCorporotion �1H-l4dN EI-IJ MnnLolc Prnmes nnd Corcrs Sigmn Cor rotion MH-Id3N 81-Id Mnnholc Fmmes mid Covcrs Pont-A-Mousson GTS-STD 2d" din. GI-14 Mnnhole Fmmes nnd Covers Neenah Casling 24" din. 7/25/03 EI-14 Mnnholc Frumes und Corers Sninl-Gobain Pipclines (Pmnrevrexns) RE32-R8FS 30" Dia. iiltl��i I�I-I�l i"I)I\Illl:iii��.iii�l(��, I�,i.il„��I.inli.�ii\\�„il.- \'I�I:�`.-'.iii,l\'I�lx_IJc.�i��ii. \.\�III(�\I�i���-��1 i"I>�i�,i Manholes & Bases/Frames & Covers/Water Tight & Pressure Ti�ht EI-Id Mnnholc Fmmes nnd Co��crs Pon�-A-�fousson Pamtighl 2d" Din. EI-Id Mnnholc Fmmcs nnd Corcrs Nccnnh Cnstin6 2d" Dia. G 1-Id Mmiholc �rnmes and Covcrs Vnlcnn Poundrp 23d2 ASTM A d8 2d" Dio. EI-14 MmJ�ole �rnmes nnd Covers Neslcrn Iron Warks,Buss & Hn �s �oundr � 30U-24P 24" Dio. 81-14 Mnnholc Frmnes nnd Coecrs McKinlcy Ira� Works Inc. NPA2JAM 24" Dio. 03/OR/UO 81-14 Mnnhole Fmmcs nnd Covcrs Accucnst RG2100 ASTT1 A d8 24" Din. 0-I/20/01 ELI4 Mnnhole Frnmcs nnd Coeers Sernmpore Induslries Prirnle Lld. 300-24-23.75 Ring nnd Co��cr ASTM A dR 24" Din. Manholes & Bases/New/Components U7/23/97 Urcihnne Hydrophilic Nmers�op Asnhi Kogyo K.K. Adekn Uhm-Scol P-201 ASTM D22d0/Dd12/D792 Od2G/OU Offset Joinl ford' Dinnt MH Hnnson Concrelc Prodiicts Dmwing No. 35-0Ud8-UUI 0a/2G/UU Pwfilc Gnsket for d' Dinm. MH. Press-Scul Gnskct Co . 250-4G Gnskcl ASTM C-JJ3/C-361 SS MH I/2G/')9 HDPH Mnnhole ndjusunent Ring Lndtech, Inc HDPG Adjualiuenl Ring Non-Iraffic nrcn � I_;.ii \I�.iiih��l� I�:•.i.iii,il \\ i�,i � (�.ii i �I'ti \l'i:i �'i�l�.:,il \I.iiili.,l,� I-ii.,i i.iil,iii��ii ti�.i.iii Manholes & B�ses/New/Precast Concrete GI-Id Mnnholc, Precosl Concrcic Hvdro Conduii Cor SPL I�cm qd9 ASTM C 47R JR" HI-14 Mnnhole Nn1lConcrelePi eCo.lnc. ASTMC-dd3 d8" EI-Id Mnnhole. Precnsl Concrele Hnnson (Pom�crl � Gifford-Hill) ASTM C d7R 4N" 09/23/96 E I-IJ Mnnholc, Precnst Concrcic ConcrMc Praduct Inc. 48" I.D. Mnnholc w/ 32" Conc ASTM C d7N 48" �r/32" conc I-.I-I�I \I,iiili.�l�- I'r.,�.i.ii',�ii,i�i� Ili� I�iiiii,it',�iii,,iii� I::' I IJ ,\I,iiili��l.�� 'I"('�� .\�I-\I/� li,; Ix" Manholes & Bases/New/Fibert�lass I/2G(99 Pi6crglnss Mnnholc Fluid Contoinment, lna Flowlilc ASTA13753 Na�-Irnmc orco I�'ili.i�.�l,i"�I��iiili��l.� I.I- \I.iiiiil':i._�iiiiii�� ii-�i.illi:,ii Manholes & Bases/Rehab Svstems/Cementitious LI-Id Mnnholc Rchnb S��stems Qandec 1H27/p� GI-1-0 Mnnhole Rehnb S��stcros Stnndnrd Cement Mnterinls. Inc. Reliner MSP EI-14 Mmihole Rchnb Svstems AP/M Pemmform JRU/UI HI-14 Mnnholc Rcho6 Srslcm Strons -Scnl Svslcros Slrong Senl MS2A Rchab Syslcm 5/I2/03 EI-Id Mm�hola Re6ab Seslcm Polv-triples Technobsics MH re nir product lo stop infihrnlion ASTM DSR13 ii.ii,_i,ilf'„ii.i.i,lt,,.iir I�I:�I:i.i..l�:;'�.i��i��l.,,�i„ \iii�ll�,�l�..i,ilt.l,,iiil'i.,,lii;i \li..l.. Manholes & Bases/Rehab Svstems/NonCementitious 05211I�)G GI-14 Mnnhole Rehab Scstems S mrroq. S rnr Nnll Poh•urethnne Conling ASTA1 DG3)/D7)0 EI-14 Munholc Rchab Saslcros Sun Consl i�l •I.i� ( i�.iliii,�� I��,i 1„ ii I'ii�l.:.li�in t li_�I.ili�ii \i�'•�I. �I1114 11. ti` .\,i,l �t�.i.l,iii,: I..I ti.���i �\i�li�,ili.,ii�, ilx'��li� f'��,�liii.•�I'„i�„ iil'riilicliuii \\'.iii iil�ii i.il �-;iil,iiiil\I-.��il 5.�� i:\��li..:il�i��ii� ii� ; i���,il�iii,�.l'�,i (��� ii I'i„I..li„ii (��iii,l.li�i SI.ti-;il ��,li�l, I�. i ����.r.\i�l�i:.ili�.ii. Prepared by dtownsl 9/15/2011 Page 1 CITY OF FORT WORTH�S UPDATED: 3-22-10 STANDARD PRODUCTS LIST Approval Spec No. Classsification Manufacturer Model No. National Spec Size Pipe/New/Centrifupallv Cast Fiber�lass Reinforced Pipe/Polvmer Modified Concrete 721P)7 Cenl. Cnst Fiberglnss Hobas Pipe USA, Ina Hobas Pi (Non-Pressure) AST�f D3262/D375d 10/30/03 Flo�rli�e Amitech USA i�7i.".lii I�il�.i�.�l�.��.1'i�_ ,\�ii�i,�i� �andsiranclRPMPPI e .\til\II)7?/�/I)�7;-1 1 I 1��_ ',I,.�I I il t��i i. I'i �.- \ii�iic.li I ti\ �.1�_ .i I I�:i�i� I'i,� .�11"�I f i� I" i� li�,.. f'I:i.� �� Pipes/New/Conerete EI-OJ Cone. Pi , Rcinfoceed �Vnll Concre�e Pipe Co. Inc. ASTM C 7G EI-0� Conc. Pi , Rcinforced Hydro Conduit Carpomtion Class III T&G, SPL Ilcm N77 AST�f C 76 E I-04 Conc. Pi , Rcin(orced Hanson Concrete Producls SPL Ilcm #95-01anhole, U98- Pi e ASTM C 7G E I-04 Conc. Pi , Rcinforecd Concrete Pi & Products Co. Inc. ASTT1 C 76 Pines/New/Ductile Iron EI-06 Ductile Iron Pipe Grimn Pipe Products, Co. Super Bcll-Tite Ductile Iron Prasure Pipe, AW WA C I50, C I51 3" thm 24" EI-06 Ductile Iron Pipe Amcrican Duclilc Iron Pipe Co. Miericnn Fnstile Pipe AWNA C150/CI51 d", 8" & 10" EI-06 Ductilc Iron Pipc U.S. Pipc nnd Foundry Co. ANNA C ISQ C I51 EI-06 Ductile Iron Pipe McWane Cnst Iron Pipe Co. ANIVA C I50, CI51 Pipes/New/HDPE (Pine Burstin[�JSlipliningj High-densily polpet6ylene pipe Phillips Driscopipe. Ine. O licore Duclile PolyeOiylene Pipe ASTM D 12d8 8" High-densiq� ol �ethylcne pipc Plecco Inc. ASTM D 12J8 8" High-0ensily polycthylene pipe Polly Pipe, Inc. ASTM D 12d8 8" High-densil poh�eth �lenc pipe CSR Hydro ConduiVPipcline Spstems McConnell Pipe Enlurgement ASTM D 12d8 Pipes/New/PVC* l l/04/98 EI-31 PVC Cortugated Se�rer Pi Conlech Construclion Producls, Ina Contech A-2000 Se�ver Pi AST�1 F 9J9 8" thru 36" EI-31 PVC Cortuga�cd Scwcr Pi Uponor ETI Company Ultm cort AST�7 F 9�9 24" to 36" Onlr uj:W:u9 I[I _; I I FC C>nusumd 5����� P� i. U' ,nd PI:uC _ C ,rniiuu COltlt 'I .-ASl��AI f�Ja9 !" :6^ unlc EI-25 PVC Se���er Pipe Can-Tex, Industries ASTA1 D 3034 d" Ihm 12" EL25 PVC Sewer Pi e Cennin-Teed Produc�s Co ASTM D 3034 4" Ihru IS" E1-25 PVC Sewer Pipe Napco T1nnu(acwring Corp ASTA1 D 303J, D U8A q^ g, g^ E 1-25 PVC Se�cer Pi e J-T1 Manufacwring Company, Inc. ASTM D 3034 d" - 15" 12/23/97� EI-27 PVC Sc�rer Pipc Dinmond Plustics Corporntion SDR-26 ond SDR-35 ASTM F 789, AST�1 D 3034 d" thru IS" EI-27 PVC Se�rer Pipe Lumson Vylon Pipe ASTTi F 789 J" thm l5" EI-25 PVC Sereer Pipe E�lmsion Techwlogies, Ine AST�7 D 303d 8", 10" 11/I 1l98 EL28 PVC Sewcr Pipc Dinmond Pluslics Corpomtion "S" Grority Scwcr Pipc ASTA1 F 679 18" to 27" EI-28 PVC Se�eer Pipe 1-M Mnnufacturing Company, Inc. AST�1 F 679 IS" - 27' 09/26/91 EI00-2 Closed Profile PVC Pipe Lumson Vylon Pipe Cndon V�lon H.G Close ProNe ASTM1f F 794 I8'to 48" 11/12/99 EI-29 PVC Truss Pipe Contech Construmion Products, Ine Contech PVC Truss Pipe ASTTi D 2680 8" ihrough IS" � �A 7/99 E100-2 Closed Profile PVC Pipe Diamond Ploslics Corpomlion ASTA1 1803/F793 I8" �0 48" , - �.I_.,; i`r ,..�I,i'`,.�II Pq�.� n ,nJ Pl.ni , pti i� ��.'J I-�,:�, IS�'ro f:' . . i. i. �i. i� � iil'- I.I-.'�� (� -I��i ',I.ii.�� �IJI(_'�,,ii �I11.',?(i.i-�.tl�iiliii��. _\ll`,111 I IJ-I ��.'.I_ .I. 1.. I � . Pipes/New/Ribbed Open Profile Lar�e Diameter 09/26l91 EI00-2 PVC Se�cer Pipe, Ribbed Lamson Vylon Pipe Cadon V�bn H.C. Closed Profile Pi e. ASTM F 679 (8' to 48" 09/26NI EIOOQ PVC Sca�er Pipe, Ribbed Es�rusion Technologics, lna Ullm-Rib O n Profilc Se�rer Pipe ASTM F 679 18" l0 48" EI00-2 PVC Scwcr Pi , Ribbcd U onor ETI Com mn� Pipes/Rehab/CIPP Cured in Ploce Pi Insiw(omi Te�ork, Inc AST�1 F 1216 OS/03(99 Cured in Plnce Pi c National Enviro�ech Grou Nationul Liner. (SPL) Ilem N27 ASTM F-1216/D-5813 0529PJ6 Cured in Plnce Pi c Inlincr USA Inlincr ASTM F 12I6 Pines/Rehab/Fold & Form Fold and Fomi Pipc Cullum Pi e Sestcros. Inc. 11/03/98 Fold and Form Pipe InsiWfomi Technologies. Inc. Insilufomi "NuPI " ASTM F-I501 Fold and Fomi Pipe Amcricun Pi S Plaslics. Inc. Dcmo. Purposc Only 12/04/00 Fold nnd Fomi Pi c Ultrolincr Uliralincr PVC Allor Pi liner ASTM F-ISOi. 1871. 1867 OG/09/03 Fold and Form Pipc Millcr Pipclinc Co . EX Mclhod ASTM F-ISOJ, F-1947 Up to I8" dinmcier Pipe Enlar mg ent System (Methodl PI�7 Syslcm PIAi Cor omlion Poh•eth��lene PIM Corp.. Piscolo Wa��, NJ. A rorcd Prerioush� �7cConncll Syslems MeLal Construc�ion Poh�eth �Iene Houston. Tecas A rored Prerioush� TRS Spsicros Trenchless Rc lacemcnl S��stem Polyeth �lene Calgan•. Canuda A rored Prcriously Pipe Casing Spacers 11/OA/02 Slecl Band Casing Spacers Adronced Products and Systcros. Inc Corbon Slcel Spacers. �iodel SI OI102/93 Sloinless Sleel Casing Spnce� Adrpnced Products and Srstems, Ine Slninless Stecl Sputtr. �fodel SSI OJ/22/87 Casing Spacers Casende WmernnrAs AfnnufncUiring Casing Spacers Coatinas OU25/02 E o<r Lining System Suuercisen. Inc SewerGard 210RS LA Caunlv #210-1.33 12/I4/01 E o�c Lining Systcm Rinkcr �talcriols Ertcch 2030 and 2100 Scrics i�l I I�i: liii.:i �i I)�i.i�l, li��ii I'ii_(-�,,iiiii:�. lii.liii�,�i I'i„i.,i�� li�l .\til'�I I;-I I: I)ii.i�il: li��ii I'i,.: i)iil� Prepared by dtownsl 9/15/2011 Page 2 CITY OF FORT WORTH'S UPDATED: 3-22-10 STANDARD PRODUCTS LIST Prepared by dlownst 9/75/2011 Page 3