HomeMy WebLinkAboutContract 44992�
� �, �� ��
� .� �.a-k ,.,i c��y' 1
- ,
�"o�.� �����t
�.,,���,,�.�.�.
c.�rs��� � � �-C.
�rr�� �e � Z
PROJECT MANUAL
FOR
THE CONSTRUCTION OF
SANITARY SEWER REHABILITATION
- CONTRACT LXXX (80) PART 1
D.O.E. NO. 6788
City Project No. 01499
Sewer Project No. P258-70170149983
SRF Project No. P254-70170149983
Betsy Price
Mayor
Tom Higgins
City Manager
S. Frank Crumb, P.E.
Director, Water Department
Prepared for
The City of Fort Worth
Water Department
2013
- -- ,
�=—_—j-=- - _
_ �
oFR��r�� �a�����'�
C�'�'-����f�'��i�°�
+�'a`U'�1c��`��'i�
'---_ _ _ - —
��� HAL�Ft
■�s
4000 Fossil Creek Soulevard
Fort Worth, Texas 76137-2720
TB]PE REG # 312
n n�`
1�'� ��. - ` '-� � � � ��� � �
,:,
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 9/17/2013 - Ordinance No. 20949-09-2013
Official site of the City of Fort Worth, Texas
FO RT �'4'ORT N
__�'t`'v
DATE
9/17/2013 REFERENCE NO.: C-26451 LOG NAME:
C TYPE: NON-CONSENT PUBLIC
HEARING:
60SS80P1-
CIRCLEC
CODE:
NO
SUBJECT: Authorize Execution of a Contract with William J. Schultz, Inc. d/b/a Circle "C" Construction
Company, in the Amount of $1,531,220.00 for Sanitary Sewer Rehabilitation Contract 80,
Part 1, that is Generally Bound on the North by East Rosedale Street, on the South by
Anderson Street, Ramey Avenue and Carverly Drive and on the West by Dillard Street,
Provide for Project Costs and Contingencies for a Project Total in the Amount of
$1,609,157.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a transfer in the amount of $77,937.00 from the Water and Sewer Operating Fund to the
Sewer Capital Projects Fund;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the
Sewer Capital Projects Fund in the amount of $77,937.00 from available funds; and
3. Authorize the execution of a contract with William J. Schultz, Inc. d/b/a Circle "C" Construction
Company, in the amount of $1,531,220.00 for Sanitary Sewer Rehabilitation Contract 80, Part 1.
DISCUSSION:
On July 12, 2011, (M&C C-25001) the City Council authorized an Engineering Agreement with Halff
Associates Inc., for Sanitary Sewer Rehabilitation Contract 80, Part 1 for the preparation of plans and
specifications for the rehabilitation of deteriorated sewer mains in an area that is generally bound on
the north by Rosedale Street, on the south by Anderson Street, Ramey Avenue, and Carverly Drive
and on the west by Dillard Street.
The project was advertised for bid on June 20, 2013 and June 27, 2013 in the Fort Worth Star-
Telegram. On July 18, 2013, the following bids were received:
Bidder
William J. Schultz, Inc. d/b/a Circle "C"
Construction Company
Ark Contractinq Services. L.L.C.
Amount Time of Completion
$1,531,220.00 210 Calendar Days
1,552,115.00
M/WBE Office - William J. Schultz, Inc. d/b/a Circle "C" Construction Company is in compliance with
the City's BDE Ordinance by committing to seven percent M/WBE participation on this project. The
City's MBE goal on this project is seven percent.
Most State Revolving Loans are granted for construction contracts only. Since no other expenses
can be covered by the SRF funding, additional appropriations of $77,937.00 ($32,000.00 for
construction staking, project management, material testing and inspection and $45,937.00 for project
contingencies) are needed from the Sewer Capital Projects Fund.
The project is located in COUNCIL DISTRICT 5, Mapsco 79Q.
FISCAL INFORMATION/CERTIFICATION: -
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Clean Water SR F2007 Fund and upon approval of the above
recommendations and adoption of the attached appropriation ordinance, funds will be available in the
current capital budget, as appropriated, of the Sewer Capital Projects Fund.
TO Fund/Account/Centers
2)P258 531350 705170149952
2)P258 531200 705170149984
2) P258 531350 705170149984
2) P258 541200 705170149983
2) P258 511010 705170149980
2) P258 531350 705170149985
1�
P258 476045 7051701499ZZ
8 000.00
5 000.00
2 000.00
$45, 937.00
5 000.00
$12, 000.00
FROM Fund/Account/Centers
� $1,531.220.00
P254 541200 705170149983
1) PE45 538040 0709020 $77,937.00
$77, 937.00
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
S. Frank Crumb (8246)
Roberto C. Sauceda (2387)
ATTACHMENTS
60SS80P1-CIRCLEC MAP.pdf
60SS80P1 CIRCLEC(Rev9.3.13).docx
� � � � �
PROJECT MANUAL
FOR
THE CONSTRUCTION OF
SANITARY SEWER REHASILITATION
CONTRACT LX:XX (80) PART 1
D.O.E. NO. 6788
Betsy Price
Mayor
City Project No. 01499
Sewer Project No. P258-70170149983
SRF Project No. P254-70170149983
Tom Higgins
City Manager
S. Frank Crumb, P.E.
Director, Water Department
Prepared for
The City of Fort Worth
Water Department
2013
?
■■
4400 Fossil Creek Boulevard
Fort Worth, Texas 76137-2�20
TBPE REG # 312
000000-i
TABLE OF CONTENTS
Page i of 3
2
3
4
5
6
7
8
9
IO
11
12
13
14
15
16
17
18
19
20
2l
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 04 00
TABLE OF CONTENTS
Division 00 - General Conditions
00 OS 10 Mayor and Council Communication
00 OS 15 Addenda
00 l 1 13 Invitation to Bidders
00 21 13 Instructions to Bidders
00 35 13 Conflict of Interest Affidavit
00 41 00 Bid Form
00 42 43 Proposal Form Unit Price
00 43 13 Bid Bond
00 43 37 Vendor Compliance to State Law Nonresident Bidder
00 45 11 Bidders Prequalifications
00 45 12 Prequalification Statement
00 45 13 Bidder Prequalification Application
00 45 26 Contractor Compliance with Workers' Compensation Law
00 45 40 Minority Business Enterprise Goal
00 52 43 Agreement
00 61 13 Performance Bond
00 61 14 Payment Bond
00 61 19 Maintenance Bond
00 61 25 Certifcate of Insurance
00 72 00 General Conditions
00 73 00 Supplementary Condiiions
Division Ol - General Requirements
O1 11 00 Summary of Work
Ol 25 00 Substitution Procedures
O1 31 l9 Preconstruction Meeting
Ol 31 20 Project Meetings
O1 32 16 Construction Progress Schedule
O1 32 33 Preconsiruction Video
Ol 33 00 Submittals
O1 35 13 Special Project Procedures
O1 45 23 Testing and Inspection Services
O1 50 00 Temporary Facilities and Controls
01 55 26 Street Use Permit and Modifications to Traffic Control
O1 57 13 Storm Waier Pollution Prevention Plan
Ol 58 13 Temporary Project Signage
O1 60 00 Product Requirements
01 66 00 Product Storage and Handling Requirements
O1 70 00 Mobilization and Remobilization
O1 71 23 Construction Staking and Survey
O1 74 23 Cleaning
01 77 l9 Closeout Requirements
01 78 23 Operation and Maintenance Data
Ol 78 39 Project Record Documents
CTTY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 80 PART I
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Ciry Project No. 01499
Revised December 20, 2012
00 00 00 - a
TABLE OF CONTENTS
Page 2 of 3
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
3l
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
Technical Specifcations which have been modified by the Engineer specifically for this
Project; hard copies are included in the Project's Contract Documents
None
Technical Specifications listed below are included for this Project by reference and can be
viewed/downloaded from the City's Buzzsaw site at:
htps•%rojectpoint buzzsaw.com/client/fortworth�ov/Resources/02%20-
%20Construction%2QDocuments/�ecifications
Division 02 - Existing Conditions
02 41 13 Selective Site Demolition
02 41 14 Utility Removal/Abandonment
02 41 15 Paving Removal
Division 03 - Concrete
03 30 00 Cast-In-Place Concrete
03 34 13 Controlled Low Sirength Material (CLSM)
03 34 16 Concrete Base Material for Trench Repair
03 80 00 Modifications to Existing Concrete Structures
Division 31 - Earthwork
31 10 00 Site Clearing
31 25 00 Erosion and Sediment ControI
Division 32 - Exterior Improvements
32 O 1 17 Permanent Asphalt Paving Repair
32 01 29 Concrete Paving Repair
32 12 16 Asphalt Paving
32 13 13 Concrete Paving
32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps
32 16 13 Concrete Curb and Gutters and Va]ley Gutters
32 31 13 Chain Fences and Gates
32 31 26 Wire Fences and Gates
32 31 29 Wood Fences and Gates
32 91 l 9 Topsoil Placement and Finishing of Parkways
32 92 13 Hydro-Mulching, Seeding, and Sodding
Division 33 - Utilities
33 Ol 30 Sewer and Mat�hole Testing
33 01 31 Closed Circuit Television (CCTV) Inspection
33 04 50 Cleaning of Sewer Mains
33 OS 10 Utiliiy Trench Excavation, Embedment, and Backfill
33 OS 12 Water Line Lowering
33 OS l 3 Frame, Cover and Grade Rings
33 OS 17 Concrete Collars
33 OS 20 Auger Boring
33 05 22 Steel Casing Pipe
CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01499
Revised December 20, 2012
000000-3
TABLE OF CONTENTS
Page 3 of 3
1 33 OS 23 Hand Tunneling
2 33 OS 24 InstaIlation of Carrier Pipe in Casing or Tunnel Liner Plate
3 33 OS 26 Utility Markers/Locators
4 33 OS 30 Location of Existing Utilities
5 33 11 I O Ductile Iron Pipe
6 33 11 11 Ductile Iron Fittings
7 33 31 12 Cured in Place Pipe (CIPP)
8 33 31 15 High Densiiy Polyethylene (HDPE) Pipe for Sanitary Sewer
9 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe
10 33 31 23 Sanitary Sewer Pipe Enlargement
11 33 31 50 Sanitary Sewer Service Connections and Service Line
12 33 39 10 Cast-in-Place Concrete Manholes
13 33 39 20 Precast Concrete Manholes
14 33 39 40 Wastewater Access Chamber (WAC)
15 33 39 6Q Epoxy Liners for Sanitary Sewer Structures
16
17 Division 34 - Transportation
18 34 71 13 Tra�c Control
19
20 Appendix
21 GC-4.01 Availability of Lands
22 GC-4.02 Subsur,face and Phys'rcal Conditions
23 GC-4.04 Underground Facilities
24 GC-4.06 Hazardous Environmental Condition at Site
25 GC-6.06.D Minority and Women Owned Business Enterprise Compliance
26 GC-6.07 Wage Rates
27 GC-6.09 Permits and Utilities
28 GC-6.24 Nondiscrimination
29 GR-01 60 00 Product Requirements
30
31 END OF SECTION
CTTY OF FORT WORTH SANtTARY SEWER REHABtLITATION CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01499
Revised December 20, 2012
'I
�
'
'
IJ
i
�
�
�
�
�
�L
�
�
�
1
2
3
4
5
6
7
8
9
10
11
l2
13
14
15
16
17
18
19
20
21
22
00 os lo - i
MAYOR AND COUNCIL COMMUNICATION (M&C)
Page i of 1
SECTION 00 OS 10
MAYOR AND COUNCIL C01��1V[UNICATION (M&C)
END OF SECTION
CITY OF FORT WORTH SANITARY SEWER REHABILITAT'ION CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Na. 01499
Revised July 1, 201 I
1
2
3
4
5
6
7
8
9
10
Il
I2
13
14
15
16
17
18
19
20
21
22
23
000515-I
ADDENDA
Page 1 of 1
SECTION 00 OS 15
ADDENDA
END OF SECTION
C[TY OF FORT WORTH SANiTARY SEWER REHABILITATION CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01499
Revised Ju1y 1, 2011
001113-1
INVITATION TO BIDDERS
Page 1 of 2
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
2'7
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
SECTION 00 11 13
INVITATION TO BIDDERS
RECEIPT OF BIDS
Sealed bids for the construction of SANITARY SEWER REHABILITATION CONTRACT
LXXX (80) PART 1- City Project No_ 01499 will be received by the City of Fort Worth
Purchasing O�ce:
City of Fort Worth
Purchasing Division
1000 Throckmorton Street
Fort Worth, Texas 76102
until 1:30 P.M. CST, Thursday, July 18, 2013, and bids will be opened publicly and read aloud at
2:00 PM CST in the Council Chambers.
GENERAL DESCRII'TION OF WORK
The major work will consist of the (approximate) following:
2,�80 LF 8" Sewer by Open Cut
9,612 LF 8" Sewer by Pipe Enlargement
� 36 - 4' Sewer Manholes
PREQUALIFICATION
The improvements included in this project must be performed by a contractor who is pre-
qualified by the City at the time of bid opening. The procedures for qualification and pre-
qualification are outlined in the Section 00 21 13 — INSTRUCTIONS TO BIDDERS.
DOCUMENT EXAMINATION AND PROCUREMENTS
The Bidding and Contract Documents may be examined or obtained on-line by visiting the City
of Fort Worth's Purchasing Division website at http://www.forlworthgov.org/purchasing/ and
clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw s'rte. The
Contract Documents may be downloaded, viewed, and printed by interested contractors and/or
suppliers.
Copies of the Bidding and Contract Documents may be purchased from Halff Associates, Inc.
which is as follows: 4000 Fossil Creek Boulevard, Fort Worth, Texas 76137
The cost of Bidding and Contract Documents is:
Set of Bidding and Contract Dacuments with full size drawings: $80
CITY'S RIGHT TO ACCEPT OR REJECT BIDS
City reserves the right to waive irregularities and to accept or reject bids.
This contract is contingent upon release of funds from Texas Water Development Board.
CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 80 PART I
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01499
Revised July I, 2011
00 11 13 -2
INVITATION TO BIDDERS
Page 2 of 2
1 Any contracT or contracts awarded under this Invitation for Bids are expected to be funded in part
2 by a loan from the Texas Water Development Board. Neither the State of Texas nor any of its
3 depariments, agencies, or employees are or will be party to this Invitation for Bids or any
4 resulting contract.
5
6
7 INQUIRIES
8 All inquiries relative to this procurement should be addressed to the following:
9 Attn: Roberto Sauceda, P.E., City of Fort Worth
10 Email: Robert.Sauceda@fortworthtexas.gov
11 Phone: 817-392-2387
12 AND/OR
13 Aitn: Leah Hodge, P.E., Halff Associates, Inc.
14 Email: LHodge@half£com
15 Phone: 817-847-1422
16
1'7 ADVERTISEMENT DATES
18 June 20, 2013
19 June 27, 2013
20
21 END OF SECTION
CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01499
Revised July l, 2011
002113-1
INSTRUCTIONS TO BIDDERS
Page 1 of 4
2
3
4
5
6
7
8
9
10
11
12
13
14
IS
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
4l
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 OQ 72
00 - GENER.AL 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 plurai thereof.
l.2.1. Sidder: Any person, firm, partnership, company, association, or corporation acting
directly ihrough a duly authorized representative, submitting a bid for performing
the work contemplated under the Contract Documents_
12.2. Nonresident Bidder: Any person, firm, parmership, company, association, or
corporation acting directly through a duly authorized representative, submitting a
bid for performing the work contemplated nnder the Contract Documents whose
principal place of business is not in the State of Texas.
123. Successful Bidder: The Iowest responsible and responsive Bidder to whom Ciiy
(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 �-ant
for any other use.
3. Prequalification of Bidders (Prime Contractors and Subcontractors)
3.1. All Bidders and their subcontractors are required to be prequalified for the work types
requiring prequalification at the time of bidding. Bids received from contractors who are
not preqaalified (even if inadvertently opened) shall not be considered.
3.2. Each Bidder unless currently prequalified, must be prepared to submit to City within
seven (7) calendar days prior to Bid opening, the documentation identified in Section 00
45 11, BIDDERS PREQUALIFICATIONS.
3.2.1. Submission of and/or questions related to prequalification should be addressed to
the City contact as provided in Paragraph 6.1.
CITY OF FORT WORTH SANITARY SEWER REHABILI?AT10N CONTRACT 80 PART I
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01499
Revised December 20, 2012
00 21 13 - 2
INSTRUCTIONS TO BIDDERS
Page 2 of 9
1 33. The City reserves the right to require any pre-qualified contractor who is the apparent low
2 bidder(s) for a project to submit such additional information as the City, in its sole
3 discretion may require, including but not limited to manpower and equipment records,
4 information about key personnel to be assigned to the project, and construction schedule,
5 to assist the City in evaluating and asseasing the ability of the appareni low bidder(s) to
6 deliver a quality product and successfully complete projects for the amount bid within
7 the stipulated time frame. Based upon the City's assessment of the submitted
8 information, a recommendation regarding the award of a contract will be made to the
9 City Council. Failure to submit the additional information, if requested, may be grounds
10 for rejecting the apparent low bidder as non-responsive. Affected contractors will be
11 notified in writing of a recommendation to the City Council.
I2
13
I4
IS
16
17
18
3.4.In addition to prequalification, additional requirements for qualifcation may be required
within various sections of the Contract Documents.
3.5. Special qualifications required for this project include the following:
None
19 4. Examination of Bidding and Contract Documents, Other Related Data, and Site
20
21 4.1.Before submitting a Bid, each Bidder shall:
22
23 4.11. Examine and carefully study the Contract Documents and other related data
24 identifred in the Bidding Documents (including "technical data" referred to in
25 Paragraph 4.2. below). No information given by City or any representative of the
26 City other than that contained in the Contract Documents and o�cially
27 promulgated addenda thereto, shall be binding upon the City.
28
29
30
31
32
33
34
35
4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and
site conditions that may affect cost, progress, performance or furnishing of the
Work.
4.1.3. Consider federal, state and local Laws and Regulations that may affect cost,
progress, performance or furnishing of the Work.
36 4_ 1.4_ Be advised, City, in accordance with Title VI of the Civil Rights Act of 1964, 78
37 Stat_ 252, 42 U.S.C. 2000d to 2004d-4 and Title 49, Code of Federal Regulations,
38 Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
39 Nondiscrimination in Federally-assisted programs of the Department of
40 Transportation issued pursuant to such Act, hereby notifies all bidders that it will
41 affirmatively insure that in any contract entered into pursuant to this advertisement,
42 minority business enterprises will be afforded full opportunity to submit bids in
43 response to this invitation and will not be discriminated against on the grounds of
44 race, color, or national origin in consideration of award.
45
CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 80 PART I
STANDARD CONSTRUCTION SPECIF[CAT10N DOCUMENTS City Project No. 01499
Revised December 20, 2012
00 21 13 - 3
INSTRUCTIONS TO BIDDERS
Page 3 of 9
1
2
3
4
5
6
7
8
9
10
ll
]2
13
14
15
16
17
18
19
�p
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
4l
42
43
44
45
46
47
48
49
50
4. I.5. Study all: (i) reports of explorations and tests of subsurface conditions at or
contiguous to the Site and ali drawings of physical conditions relating to existing
surface or subsurface structures at the Site (except Underground Facilities) that
have been identified in the Contract Documents as containing reliable "technical
data" and (ii) �-eports and drawings of Hazardous Environmenta] Conditions, if any,
at the Site that have been identified in the Contract Documents as containing
reliable "technical data."
4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of
the information which the City will furnish. All additional information and data
which the City will supply after promulgation of the formal Contract Documents
shall be issued in the form of written addenda and shall become part of the Contract
Documents just as though such addenda were actually written into the original
Contract Documents. No information given by the City other than that contained in
the Contract Documents and officially promuigated addenda thereto, shall be
binding upon the City.
4.1.7. Perform independent research, investigations, tests, borings, and such other means
as may be necessary to gain a complete knowledge of the conditions which will be
encountered during the construction of the project. On request, City may provide
each Bidder access to the site to conduct such examinations, investigations,
explorations, tests and studies as each Bidder deems necessary for submission of a
Bid_ Bidder must fill all holes and clean up and restore the site to its former
conditions upon completion of such explorations, investigations, tests and studies.
4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the
cost of doing the Work, time required for its completion, and o6tain all information
required to make a proposal. Bidders shall rely exclusively and solely upon their
own estimates, investigation, research, tests, explorations, and other data which are
necessary for full and complete information upon which the proposal is to be based.
It is understood that the submission of a proposal is prima-facie evidence that the
Bidder has made the investigation, examinations and tests herein required. Claims
for additionaI compensation due to variations between conditions actually
encountered in construction and as indicated in the Contract Documents will not be
allowed.
4.1.9. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or
between the Contract Documents and such other related documents_ The Contractor
shall not take advantage of any gross error or omission in the Contract Documents,
and the City shall be permitted to make such corrections or interpretations as may
be deemed necessary for fulf llment of the intent of the Contract Documents.
42. Refere��ce is made to Section 00 73 00 — Supplementary Conditions for identification of:
4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to
the site which have been utilized by City in preparation of the Contract Documents.
The logs of Soil Borings, if any, on the plans are for general information only.
Neither the City nor the Engineer guarantee that the data shown is representative of
conditions which actually exist.
CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01499
Revised December 20, 2012
00 21 13 - 4
INSTRUCTIONS TO BIDDERS
Page 4 of 9
1 42.2. those drawings of physical conditions in or relating to existing surface and
2 subsurface structures (except Underground Facilities) which are at or contiguous to
3 the site that have been utilized by City in preparation of the Contract Documents.
4
5 4.2.3. copies of such reports and drawings will be made available by City to any Bidder
6 on request. Those reports and drawings may not be part of the Contract
7 Documents, but the "technical data" contained tYierein upon which Bidder is entitled
8 to rely as provided in Paragraph 4_02. of the General Conditions has been identified
9 and established in Paragraph SC 4.42 of the Supplementary Conditions. Bidder is
10 responsible for any interpretation or conclusion drawn from any "technical data" or
11 any other data, interpretations, opinions or information.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i)
ihat Bidder has complied with every requirement of this Paragraph 4, (ii) that without
exception the Bid is premised upon performing and furnishing the Work required by the
Contract Documents and applying the specific means, methods, techniques, sequences or
procedures of construction (if any) that may be shown or indicated or expressly required
by the Contract Documents, (iii) that Bidder has given City written notice of all
conflicts, errors, ambiguities and discrepancies in the Contract Documents and the
written resolutions thereof by City are acceptable to Bidder, and when said conflicts,
etc., have not been resolved through the interpretations by City as described in
Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate
and convey understanding of all terms and conditions for performing and furnishing the
Work.
26 4.4. The provisions of this Parab aph 4, inclusive, do not apply to Asbestos, Polychiorinated
27 biphenyls (PCBs}, Petroleum, Hazardous Waste or Radioactive Material covered by
28 Paragraph 4.06_ of the General Conditions, unless specifically identified in the Contract
29 Documents.
30
31
32
33
34
35
36
37
38
39
40
4l
5. AvaiIabiliTy of Lands for Work, Etc.
5.1. The ]ands upon which the Work is to be performed, rights-of-way and easements for
access thereto and other lands designated for use by Contractor in performing the Work
are identified in the Contract Documents_ AII additional lands and access thereto
required for temporary construction facilities, construction equipment or storage of
materials and equipment to be incorporated in the Work are to be obtained and paid for
by Contractor. Easements for permanent structures or permanent changes in existing
facilities are to be obtained and paid for by City unless otherwise provided in the
Contract Documents.
42 52.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed
43 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right-
44 of-way, easements, and/or permits are not obtained, the City reserves the right to cancel
45 the award of contract at any time before the Bidder begins any construction work on the
46 project.
47
CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01499
Revised December 20, 2012
00 21 13 - 5
INSTRUCTIONS TO BIDDERS
Page 5 of 9
1
2
3
4
5
6
7
8
9
10
11
t2
13
l4
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
53. The Bidder shall be prepared to commence construction without all executed right-of-
way, easements, and/or permits, and sha11 submit a schedule to the City of how
construction will proceed in the other areas of the project that do not require permits
and/or easements.
6. Interpretations and Addenda
6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to
City in writing on or before Z 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: Robert Sauceda, Water Department
Fax: 817-392-8195
Email: Robert.Sauceda@fortworthtexas.gov
Phone: 817-392-2387
6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by
City.
6.3. Addenda or clarifications may be posted via Buzzsaw at
https•//projectpoint buzzsaw com/clientJfortworthaov/Infrastructure%ZOProiects/01499
%20-
%20 SS%20Rehab%ZOContract%2080/General%20Contract%20Documents%20and%20
�ecifications/ 10%20%20Addenda.
6.4. A prebid conference may be held at the time and place indicated in the Advertisement or
INVITATION TO BIDDERS_ Representatives of City will be present to discuss the
Project. Bidders are encouraged to attend and participate in the conference. City will
transmit to a11 prospective Bidders of record such Addenda as City considers necessary
in respozase 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 payabte 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.
CITY OF FORT WORTH SANITARY SEWER REHABiLITAT[ON CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. OI499
Revised Decettiber 20, 2012
002113-6
INSTRUCTIONS TO BIDDERS
Page 6 of 9
1 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award
2 have been satisfied. If the Successful Bidder fails to execute and deliver the complete
3 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in
4 default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited.
5 Such forfeiture sha11 be City's exclusive remedy if Bidder defaults. The Bid Bond of aIl
6 other Bidders whom City believes to have a reasonable chance of receiving the award
7 will be retained by City until final contract execution.
9 8. Contract Times
10 "The number of days within which, or the dates by which, Milestones are to be achieved in
11 accordance with the General Requirements and the Work is to be completed and ready for
12 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the
13 attached Bid Form_
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
9. Liquidated Damages
Provisions for liquidated damages are set forth in the A�-eement.
10. Substitute and "Or-Equal" Items
The Contract, if awarded, will be on the basis of materials and equipment described in the
Bidding Documents without consideration of possible substitute or "or-equal" items_
Whenever it is indicated or specified in the Bidding Documents that a"substitute" or "or-
equal" item of material or equipment may be furnished or used by Contractor if acceptable to
City, application for such acceptance will not be considered by City until after the Effective
Date of the Agreement. The procedure for submission of any such application by Contractor
and consideration by City is set forth in Paragraphs 6.05A., 6.OSB. and 6.OSC. of the General
Conditions and is supplemented in Section O 1 25 00 of the General Requirements.
11. Subcontractors, Suppliers and Others
1 l.l . In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-
12-201 I(as amended), the City has goals for the participation of minority business
and/or small business enterprises in City contracts. A copy of the Ordinance can be
obtained from the Office of the City Secretary. The Bidder shall submit the MBE and
SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor
Waiver Form and/or Good Faith Effort Form with documentation and/or Joint
Venture Form as appropriate. The Forms including documentation must be received
by the City no later than 5:00 P.M_ CST, five (5) City business days after the bid
opening date. The Bidder shall obtain a receipt from the Ciiy as evidence the
documentation was received. Failure to comply shall render the bid as non-
responslve.
11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person
or organization against whom Contractor has reasonable objection.
12. 8id Form
47 12.1. The Bid Form is included with the Bidding Documents; additional copies may be
48 obtained from the City.
49
CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 80 PART i
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Ciry Project No. 01499
Revised December 20, 2012
00 21 13 - 7
INSTRUCTIONS TO BIDDERS
Page 7 of 9
]
2
3
4
5
6
7
8
9
10
I1
12
13
14
15
16
I7
18
l9
20
21
22
23
24
25
26
?�
28
29
30
3l
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
12.2_ All blanks on the Bid Form must be completed by printing in ink and the Bid Fonn
signed in ink. Erasures or alterations shall be initialed in ink by the person signing
the Bid Forzn. 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 shail 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.
123. 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 affxed. The corporate address and state of
incorporation shali be shown beiow the signature.
12.4. Bids by partnerships shall be executed in the partnership name and signed by a
pariner, whose title must appear under the signatlire accompanied by evidence of
authority to sign. The official address of the partnership sha11 be shown below the
signature.
12.5. Bids by limited liability companies shall be executed in the name of the firm by a
member and accompanied by evidence of authority to sign. The state of formation of
the firm and the official address of the firm shall be shown.
12.6. Bids by individuals shall show the Bidder's name and o�cial 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
I 2.9
Ail names shall be typed or printed in ink below the signature.
The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of
which shall be filled in on the Bid Form.
12.10. PostaI and e-mail addresses and teiephone number for commw�ications regarding the
Bid shall be shown.
12.11. Evidence of authority to conduct business as a Nonreside�it 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 ihe 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
�nail or other delivery system, the sealed enve[ope shall be enclosed in a separate envelope
with the notation "BID ENCLOSED" on the face of it.
CITY OF FORT WORTH SANITARY SEWER REHABILiTATION CONTRACT 80 PART I
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01499
Revised December 20, 2012
00 21 13 - 8
INSTRUCTIONS TO BIDDERS
Page 8 of 9
1 14. Modification and Withdrawal of Bids
3 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be
4 withdrawn prior to the time set for bid opening. A request for withdrawal must be
5 made in writing by an appropriate document duly executed in the manner that a Bid
6 must be executed and delivered to the place where Bids are to be submitted at any
7 time prior to the opening of Bids. After all Bids not requested for withdrawal are
8 opened and publicly read aloud, the Bids for which a withdrawal request has been
9 properly filed may, at the option of the City, be returned unopened.
10
11 14.2. Bidders may modify their Bid by elecironic communication at any time prior to the
12 time set for the closing of Bid receipt.
13
14 15. Opening of Bids
15 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An
16 abstract of the amounts of the base Bids and major alternates (if any) will be made available
17 to Bidders after the opening of Bids.
18
19 16. Bids to Remain Subject to Acceptance
20 All Bids will remain subject to acceptance for the time period specified for Notice of Award
21 and execution and delivery of a complete Agreement by Successful Bidder. City may, at
22 City`s sole discretion, release any Bid and nullify the Bid security prior to that date_
23
24 17. Evaluation of Bids and Award of Contract
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
17.1. Ciiy reserves the right to reject any or all Bids, including without limitation the rights
to reject any or a11 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 ii�volving price, contract time or changes in the
Work with the Successful Bidder_ Discrepancies between the multiplication of units
of Work and unit prices will be resolved in favor of the unit prices. Discrepancies
between the indicated sum of any column of figures and the correct sum thereof will
be resolved in favor of the correct sum. Discrepancies between words and figures
will be resolved in favor of the words.
17.1.1 _ Any or all bids will be rejected if City has reason to believe that collusion exists
among the Bidders, Bidder is an interested party to any Iitigation 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 uncomp[eted work which in the judgment of the City will prevent or
hinder the prompt completion of additional work if awarded.
CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 80 PART I
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01499
Revised December 20, 2012
00 21 13 - 9
INSTKUCTIONS TO BIDDERS
Page 9 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
?g
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
4�
46
47
17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and
other persons and organizations proposed for those portions of the Work as to which
the identity of Subcontractors, Suppliers, and other persons and organizations must
be subznitted 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 subnnitted prior to the
Notice of Award.
173. City may conduct such investigations as City deems necessary to assist in the
evaluation of any Bid and to establish the responsibility, quali�cations, and financial
ability of Bidders, proposed Subcontractors, Suppliers and other persons and
organizations to perform and furnish the Work in accordance with the Contract
Documents to City's satisfaction within the prescribed time.
17.4_ Contractor shall perform with his own organization, work of a value not less than
35% of the value embraced on the Contract, unless otherwise approved by the City.
17.5. If the Contract is to be awarded, it wiIl be awarded to lowest responsible and
responsive Bidder whose evaluation by City indicates that the award wil] 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 ]ower 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_
] 7.8. Failure or refusal to compiy with the requirements may result in rejection of Bid.
18. Signing of Agreenzent
When City issues a Notice of Award to the Successful Bidder, it wili be accampanied by the
required number of unsigned counterparts of the Agreement_ Within l4 days thereafter
Contractor shall sign and deliver the required number of counterparts of the Agreement to
City with the required Bonds, Certificates of Insurance, and all other required documentation.
City shall thereafter deliver one fully signed counterpart to Contractor.
END OF SECTION
C1TY OF FORT WORTH SANITARY SEWER REHABILlTAT10N CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01499
Revised December 20, 2012
003513-i
CONFLICT OF INTEREST AFFIDAVIT
Page 1 of i
1 SECTION 00 35 13
2 CONFLICT OF INTEREST AFFIDAVIT
3
4 Each bidder, offeror, or respondent (hereinafter also refened to as "you") to a City of Fort Worth
5 (also referred to as "City") procurement are required to complete Conflict of Interest
6 Questionnaire (the attached CIQ Form) and LocaI Government O�cer Conflicts Disclosure
7 Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the
8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on
9 City Work_ The referenced forms may be downloaded from the website links provided below_
10
11 http•//www.ethics.state.tx.us/forms/CIQ.pdf
12
13 http•//www.ethics.state.tx.us/forms/CIS.pdf
14
15 � CIQ Form is on file with City Secretary
16
17 0 CIQ Form is being provided to the City Secretary
18
19 � CIS Form is on File with City Secretary
20
21 0 CIS Form is being provided to the City Secretary
22
23
24
25 BIDDER:
26
27 BY=
28 Company (Please Print)
29
;p Signature:
31 Address
32
33 Title:
34 City/State/Zip (PIease Print)
35
36
3� END OF SECTION
C[TY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 80 PART I
STANDARD CONSTRUCT[ON SPECIFICATION DOCUMENTS City Project No. 01499
Revised March 27, 2012
ao a� o0
BID FORM
Page 1 of 3
SECTION 00 41 a0
BiD FORM
TO: The City Manager
clo: The Purchasing Department
1000 Throckmorton Street
City of Fort Worth, Texas 76102
FQR: � Sanitary Sewer Rehabifitation
Contract LXXX (80) PART 1
City Project No.: 1499
1_ Enter Into Agreement
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the farm included in the
Bidding Documents to perForm and furnish alt Work as specified ar indicated in the Contract Documents for the Bid Priee and within
Yne vontract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.
2. BIDDER Acknowtedgements and Certification
2.1. fn submitting this Bid, Bidder accepts all of the terms and cor�ditions of the fNVITATION TO BtDDERS and
INSTRUCTtONS TO BIDDERS, including without timitation those dealing with the disposifiort of Bid Bond.
2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid
insurance certificate meeting alt requirements within 14 days of nofification of award.
2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisctosed individual or
entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organizafian,
or corporation.
2.4. Bidder has not direcUy or indirectly induced ar solicited any oiher Bidder to submit a false or sham Bid.
2.5. Bidder has not solicited or induced any individual or en#ify to refrain from bidding.
2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the
purposes of this Paragraph:
a. "corrupt practice" means the offering, giving, receiving, or soficiting of any thing of value likely to
influence the action of a public official in the bidding process.
b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding
process to the detriment of City (6) to establish Bid prices at artificial non-competitive levels, or (c) fo
deprive City of ihe benefits of free and open competition.
c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the
knowledge of Cify, a purpose of which is to establish Bid prices at artificial, non-competitive tevels.
d. "coercive prac6ce" means harming or threatening to harm, directly or indirectly, persons or their praperty
to influence iheir participation in the bidding process or affect the execuiion of the Coniract.
CIN OF FORT WORTH
STANDARD CONSTRUCTION SPECtFICATION DOCUMENTS
Form Revised 20720327 00 41 00_00 43 13 00 42 43_00 43 37_00 45 �2 00 3513_Bid Proposal Workbook
00 41 00
BID FORM
Page 2 of 3
3. Prequalification
The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors:
� � x.. ?�:v� �--=,si' c t �.: , � _ar; �, isy w;, N y �� � ✓ - .x. .z . T -x� ,� � x ,{� "k."a2Fi-� ..'
8 S.S2:M@I'�tTl 70�/Elll@[i� :+...�a.,:.'?...<.;u`vs,�,?�'.�_.��'ts,°��"��..�Qtt �ca.+ -x.. 42�.F' �.�r����^�. •� y-.���,a'�t
Ee._s.wb�.,..�n.�.c�tus.�.,.�. . ,.. � �rf ,c,.......�_?i�l. .-.�,..G.,,.�.�....... Z".,!':Y..� �l+..z. . T,fl 4� . Y.,,� ,aG
>�"�F 's..n:c,�: �x— `o- s�„r �y?-F`�q. �,"s: • . .,,.,�Mar � "'F-a:=� �,t 4 �' �. r�-�.� � '� � �k3 '�^ �`,,.;?'�t�'i,�'w�.��w.�:�� �..��x'�
b Pa�.�?9����?�k.���:s��.::��Y.�� .� �".�,�`�..��s�,�.-�;_�::.._.��. �,����..,,,,w�,�'��--�.�.,�.�.�'�.�;
c.
d.
4. Time of Completion
u,<,,::
4.1. The Work will be complete for Final Acceptance within;���:;�:�21,(T� days after the date when the
the Contract Time commences to run as provided in Paragraph 2.Q3 of the General Conditions.
4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of faifure to compiete Ehe Work
wiihin the iimes specified in the Agreement
5. Attached to this Bid
The following documents are attached to and made a part of this Bid:
a. This Bid Form, Section 00 41 QO
b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requiremenis of Paragraph 5.01 of
the General Condi6ons.
c. Proposal Form, Secfion 00 42 43
d. Vendor Compliance to Stafe Law Non Resident Bidder, Section Od 43 37
e. MWBE Forms (optional at time of bid)
f. Prequalification Statement, Section 00 4512
g. Conflict of lnterest A�davit, Section 00 3513
'lf necessary, CIQ or C1S forms are to be provided directly to City Secretary
h. Any addifional documenfs thaf may be required by Section 12 of the tnstructions to Bidders
6. Tota{ Bid Amount
6.1. Bidder will complete the Work in accordance with the Contracf Docurr�ents for the folfowing bid amount In the space
provided below, please enter the total bid amount for this projecf. Only this figure wifl be read publicly by the City at the
bid opening.
62. It is understood and agreed by the Bidder in signing fhis proposal that the total bid amount entered below is subject to
verification and/or mod�cation by multiplying the unit bid prices for each pay item by the respective estimated quantities
shown in this proposal and then totaling all of the extended amounts.
CITY OF FORT WORTH
STANOARD CONSTRUCTtON SPECtFICATION DOCUMEMS
����� "� Form Revised 20120327 00 41 00 DO 43 t3 00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbookxls
0o a� o0
B1D FORM
Page 3 of 3
7. Bid Submittai
This Bid is submifted on r` '�� d,�� . by ihe entity named below.
Respectfully subrry'tted,
/
By: /.-Lc..t� G c����-�
{Signatur
�F'c.i" 5%-.�.�w r.� �� a �'&r "y i�,/4 .�w
x.n•�'r �.�,.��'rw'� ,s�x��.�r�; � ` w
r r'�r` � ' i ` �'`'1`-'��3_ -" ��'+'."K,�'r'�`' x � S,,,a ^� Y`�' '�' s . • . -
• •. +,���.5�° t..��. �,�sW.,..,�t':,.,c.��°r>,n.xN.,�i'. .;..a,�t yh;n �z:�,_ .�
� � • a a � ��...+"W' �� "�.� a% cs',w.^a,.^'y �Y'<9� �kl ��.i � s�,J�z�y�'§,�,'���4���
�,r '�y�'��w de 1�*=x���z s� x i,� 7�`�}fb �� }td tI��V. tr� }��Q���4 k,�i�
�� r S. '���''& 3rr Gd v���. m+��� �� �^'��` �'� °��'4���x
�����:-1�,.� � .�� � �� v'`' �-�� � 4 � j `� �' ���s �r`� �.., � � �'¢ '�
t
•. � � �;"' c o �F.ts� . ,� � �e�o-;* �, b x�: ?w'�,+,�.u+e,�fA.
c° }" r� fi '�;' ;,'Xn, s �.+7tNr.
— • • 1 • . • . �� � -� Yrc.+7�,M1��{.�^ t a"�'i . � � �.
��y y�- �S�,
' � � �•{it�..� 1�°�,:'Fxi.',�,�w,�„i. j3,.t��`:'fi "c .�. � :z;�� �,ai',a" s'`''��'..a�. y0; '�t+'�"W�o'PF', �. d` % �s're :
�+ ,
� ' pam� r -�,�r��'gr,�.$'R� �" s�r`,s°e.�'�.�Jti��i���?".. .r+ y � �
.� ,si�s..�� 417'a ,, v �
� •
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENFS
Form Revised 20120327 �0 41 00_00 4313 00 42 43 00 43 37 00 4512_00 3513_Bid Proposal Workbook
; = Sami�ry Sewer Rehabilitatio�, Gontr�ct:LXXX (80) Part 9 � _ �w �
;
Sewer Pro�ec� No P25&7017U1499�' � "
�:;
,.� : � . ,. { ...� :;,. . _ . ,,:_... � � ,.. - �OE No 678$ . _ -t-� - - � - -
� A r,
� �
r; �,�„
_. . . . . . . __ � . , ..;: . .. _ . _ . �,� _.... . _ _ ... _ . _ . :
tTEM CNo.s QUANTITY UNIT BDD PRICES WRETTEN IN WORDS p�CE AMB U�NT
1 3305.1102 150 �F 'I16" /Casing By 9ptherTh_a/n Open Cut a G
TIT/'�1 /1[i/J�J/I G�DoUars ffi �� 7v �D O
�0 Cents g 3oQ $
per Linear �oot
2 3305.3002 150 LF 8" Sewer Cartier Pipe .
.,ilv//! ��% d�. Dollars 8 r O a � G
�D Cents g �J g ��ZS�
per linear Foot
3 3331.4115 2,100 LF 8" lSewer Pipe /'
T� i/ d! Dollars &
�D Cents l/ p D �
per Linear Foot $ / � $ �� �� U
4 3331.1 t02 9,615 LF 8" P/ip�e Enlargement / o
1�0✓ �N C/4� �" Dollars & � �O � G $�U �.sl�
p O Cents
per Linear Foot
5 3331.210t 300 LF 6" CIPP1 1
, S'i�/i1 t �4�lT ootlars 8
/�D Cents Q Od o G
per Linear Foot $ �v $ �� �� �
6 3331.4116 f0 LF 8" Sewec Pipe, C�S 9ackfiq
r�in�fy r/��C _Doilars&
o �
� U Cents � �+
per linear Foot $ %� $ �7 70 D
7 333t.4119 380 LF 8" DIP Selnrer �pe,�r
///�7f t� / �vG Daliars&
� oa Q
nv Cents �� �D 0
per Linear Foot $ �� $
8 3331.0103 1,000 LF 8" Sewer Pipe, Point Repair for Pipe
Entargement Sag Adjustment G G
6% �,� Doilars & �� /p DO D
n � Cents � �� $ !�
per Linear Foot
9 3334.1201 330 EA Service Reipstatement, Pipe Enlargement
Pv�r� hdnCl/r,�� f��llars & o p
n v Cents $ �� D ��$ q,1��0 O
per Each G �
ITEM CNo.s QUANTITY UNIT B D�PR CES WRITTEN N ORDS � E AMOl1NT
���� BID
10 333�.2201 1 EA Se ce Recbnn on, CJIPP
�� c,t/X �UI7P�'P� Doilars &
!'!O Cents � � p U
perEach $ �j00 § 6p p
i t 3331.3101 50 EA 4"� ewer Service /:
�Fo�� �iundi/c�Ti�/voliars 8
/! U Cents
o � a O
per Each S ��D s ZZcS�D d
12 247.2001 13 CY Sanitary Line Grou6ng
�� lswnl�/'i0�7�✓�.�/�o0ars & O d D G
nv '� Cents g �ZD $ /,j �p 0
per Cubic Yard
13 241.5001 3 EA Abandotq M)anh/ole �,
e/l,inr /TFi/lP,�'d Dollars& � d 0 D U
�o ��,� $�,00 $ Z`�OO
per Each
14 241.2102 4 EA 6"SewerP,b ndonmentPlu
On�t f�OI/SG» � Dollars & O U D G
»U Cents g�dp p $ y00 O
per Each
15 24i,2201 28 EA Remove4`SewerManhole
e/Q�J� �u/!�✓/�' � Dollars & � V G�
no Cents § p p(J g ZZ y0 D
per Each
16 3110.0102 46 EA &"-'12" Tree Removal
O%�ti ��OLicSAn � Doliars & d � O�j
h o Cents g� 0 0 D g��p ���
perEacA
47 3'125.0101 1 LS SWPPP t 1 a1crej
�Ou/ T/!OlwfO/�d Dollars& d v L/ d U
nv Cents g ��Qd p g 7000
per Lump Sum
ITEM CNo.s QUANTITY UNIT BID PRICESIWRITT NENS ORDS PRICE � AMBID�
78 3201.0113 1,100 LF 6' W�1id% f�p� Pvm�t Repair, Residentiaf
Th/'r Ty Y' v C Dollars & p 0 v
/!o Cerds g c�..i� g a��sOU
per Linear Foot
19 3201.0201 360 SY Asphalt Pvmt Repair Beyond Definied Width,
Re1sidentiat
7wl�✓-f Doliars& � � '/ OO
f!O Cents g�Z� g 7�2�
per Square Yard
20 3201.0614 300 SY CortcPvrti Repair Rasidentiai OG
s�r� ��d o���� � $ GS � ° $ /9soo
n D Cents
per Square Yard
z� 3213.030t 18Q sF a-concst�de ik G
Q/�n � Dollars & � O �
h O Cents S� g��i ��Q
per Square Foot
22 3213.0401 270 SF 5' ConcreteDriveway O G
e�g h� Doilars & �� O d §�/� O
»d Cents
per Square Foo[
23 3216.0101 115 LF 6" Concreie Curb & Gutter
�L✓% �(I /7vG Doilars8 �j D
n d Cents $ G� G g�O 7S O
per Linear Foot
24 3231.0111 925 LF 4' C in Link. Sleel � D
�/� ��/� I7 Doltars & � �� U � ,U � J
/JO Cents � �,f S
per Linear Foot
25 3216.0301 30 SY 9" Cqn��e Vall ,Gutter, Residential
f P Dollars &
!7 [j Cents / { U�
perSquareYard $ Cl ✓ � $ /��O
26 3292.0400 1,900 SY Seedi g Hydromulch
-���'/..e Dollars& Q�
hv Cents li U %
perSquareYard $ � $ �` O b
lTEM CNo.s QUANTa1TY UNIT BI�D PRCES WRITTEN N WORDS RICE � AMB DNT
27 33ot.0001 11,450 LF Pre�CCNlnspection � G
B /4 � � Dollars & O G
n c� Cenrs s � s�%�o O�
per Linear Foot
28 3301.0002 12,590 LF PasF/C�CN Inspection O,(�j
Ti ' d 6 Dollars & � � O iJ $ � � !�S-�
n A Cents
per Vnear Foot
29 3301.0101 36 EA Manhol�Vacuum Tes4ng
oite �u�QlrQd F; f�na�& o a ��'
„� Cents �� S- o $ S 5'0 0
per Each
30 3305.0103 1 EA F�cploratory 6ccavation of E�osGng U6lities �
nr�r fIi oisa n c� oonarss
o U o-
/► U Cents g ( O � U g j Q O V
per Each
31 3305.0109 1,570 LF Trench Safety � U
O/) � Dollars 8 $ )� v $' S7 U
n U Cenu
per Linear Foot
32 3345.0112 34 EA Co� te Collar � � $��� O�% $// �DO
� �
f'h/it �i��n �ro��' rs&
A (� Cents
per Each
33 3305.Ot13 3 EA Tre/n�ch WaterStops
J'/ �/.� `i u » �� � � Dollars & � � �
i1 U Cents g,��'� d g�S � v
per Each
34 3339.001 40 VF Epoxy Manbole Liner
D/�? �[in0�le<��/ 4'IS /AO�ars & � � � !J
n0 Cents g 1p,s^ g%y00
per Vertical Foot
{TEM CNo.s QUANTOITY UNIT BDD PR C`E3 WRt1TEN N O DS PRiCE �B�pNT
35 3339.0003 5 EA WastewaterAccessChamtrer h4»�`,��
d�,t t%�usoAd �wo ooflars� a U � G
n U Cents g%2 O U $(,� p O O
per Each
36 3;i39.1007 32 EA 4' Manhole
�uu i�'%ou.f 4» d pollars & V' G O O
n u Cents g�00 D g/Zo00D
per Each
37 3339.1002 2 EA 4' Drop Manhole
�iu a f'i► DUS A» L� DoUars 8 t9 U U G
nD Cents g sj)O(� g(QDOO
per Each
36 3339.1003 31 VF 4' Extra Depth Matnhole /� G
OA¢ �tln�llPC�rl �/fQollars& � 00
I� d Cents g�ts"� $ yi7.��
per Vertical Foot
39 3339.1004 2 EA 41' S/pallow1M/anhole h�» �lyp�/
TAY��7/1DIRSOpLl�i✓-e Doltars & c7 U U
n u Cents g�,5' D U g%00 D
per Each
40 3471_0001 11 MO T/ra�fficControl D/!t 7�1�uS4nC
T%dI �UI�d/'P� Dollars& !� U �^ O �
r9 [J Cents g�.5"Q � g J%pJ �Q
per Month
TOTAL $ �s3 i z z o
00 4313
BID BOND
Page 1 of 1
SECTION 00 4313
B1D BOND
KNOW ALL BY iHESE PRESENTS:
That we, (Bidder Name) Company Name Here
hereinafter called the Principal, and (Surefy Name) � � •e . ' �i ' '
a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter cailed the Surety, are held and
fitmly bound unto the City, hereinafter called the Obligee, in the
sum of - e '��u . . ��: ,� � � and NoJ100 Dollars
($ .00), the payment of which sum wi41 be weli and fruly made and the
said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointty and severally,
firm by these presents.
WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Obligee,
identified as Sanitary Sewer Rehabilitafion
Contract LXXX (80) PART 1
NOW, TNEREFORE, if the Obtigee shall award the Contract for the foregoing project to
the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shalt
enter inEo the Contract in writing with the Obligee in accordance wifh the terms of such proposal, then this bond shall be nult and
void_ If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements
and condi5ons required for the execution of the Contract in accordance with the proposal or fails to sa6sfy all requirements and
conditions required for the execution of the Contract in accordance with the proposal, this bond shall become the property of the
061igee, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shalt be used to compensate Obligee
for the difference between Principal's Total Bid Amount and the next selecfed Bidder's Total Bid Amount_
SIGNED this day of
By: Company Name Here
, 2013.
(Signature and Titfe of Principal)
,r^,��w . "Fk , ,�„� � �..,
�.' ..Z�� � .�,�4w .t �� .A.�� ¢�`7� ��. �ia�
{Signature of Attorney-of-Fact}
'Attach Power of Attomey (Surety) for Attorney-in-Fact
END OF SECTION
CITI' OF FORT WORTH
STANDARD CONSTRtICT10N SPECIFICATION DOCUMENTS
Form Revised 20110627
Impressed
Surety Seal
Only
00 41 00_00 4313 00 42 43_00 43 37 00 4512_00 3513 Bid Proposal Workbook
I
00 43 37
VENDOR COMPLiANCE TO STATE SAW
Page 1 of 1
SECTiON 00 43 37
VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDQER
Texas Government Code Chapter 2252 was adoptec! for the award of contracts to nonresident bidders. This law
provides that, in order to be awarded a contr•aci as tow bidder, nonresident bidders (out of-state contractors
whose corporate o�ces or principal place of business are outside ihe State of Texas) bid projects for construction,
improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the
same amount that a Texas resident bidder wouEd be required to underbid a nonresident 6idder in order to obtain a
i
comparable contract in the State which the nonresident's principal ptace of business is located.
The appropriate blanks in Section A must be filfed out by all nonresident bidders in order for your bid to meet
specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders
must check the 6ox in Section B.
A. Nonresident bidders in the State of ,��,���.��'I'�,„�, our principal place of business,
are required to be ��o�,��i�� Percent lower than resident 6idders by State Law. A copy of the
statute is attached.
Nonresident bidders in the State of ,,�:,�, - f',��, our principal place of business,
are not required to underbid resident bidders.
B. The principal place of business of our company or our parent company or majority owner is
in the State of iexas. I�
BIDDER:
Ciia�e ��o.or��aC�io�
Company Name Here
PoBor �032 S
Address Here
Address Here or Space
City, State Zip Code Here
/-o. f l.�o• th, TX 76/5�0
o�7,Zq�-/$63
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20110627
By: Printed Name Here
i�a �s<.s�l
.�� ��
(Signature}
Title: TtNe Here �6/ �iSi��»�
Date: .�i� �y / g, Z D J�'
DO 41 00 00 4313_00 42 43 00 43 37 00 4512_00 35 S 3_Bid Proposal Workbook
00 4� I 1- I
BIDDERS PREQUALIFICATIONS
Page 1 of 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
l8
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
SECTION 00 45 11
BIDDERS PREQUALIFICATIONS
l. Summary. All contractors are required to be prequalifed by the City prior to submitting
bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification
Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is
not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder
Prequalification Application in accordance with the requirements below.
The prequalification process wilI establish a bid limit based on a technical evaluation and
financial analysis ofthe contractor. The information must be submitted seven (7) days prior
to the date of the opening of bids. For example, a contractor wishing to submit bids on
projects to be opened on the 7th of April must file the information by the 31 st day of March
in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's
i'requalification Application, the following must accompany the submission.
a. A complete set of audited or reviewed financial statements.
(1) Classified Balance Sheet
(2) Income Statement
(3) Statement of Cash Flows
(4) Statement of Retained Earnings
(5) Notes to the Financial Statements, if any
b. A certified copy of the firm's organizational documents (Corporate Charter, Articles
of Incorporation, Articles of Organization, Certificate of Formation, LLC
Regulations, Certificate of Limited Partnership Agreement).
c. A compieted Bidder Prequalification AppIication.
(1) The firm's Texas Ta.Xpayer 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
foilowing web address www.window.state.t�t.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 DLJNS number as issued by Dun & Bradstreet. This number
is used by the City for required reporting on Federal Aid projects. The DUNS
number may be obtained at www.dnb.com.
d. Resumes reflecting the construction experience of the principles of the firm for firms
submitting their initial prequalification. These resumes should include the size and
scope of the work performed.
e. Other information as requested by the City.
2. Prequalification Requirements
a. Financial Statements. Financial statement submission must be provided in
accordance with the following:
(1) The City requires that the original Financial Statement or a certified copy
be submitted for consideration.
CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01499
Revised July 1, 201 l
00451I-2
BIDDERS PREQUALIFICATIONS
Page 2 of 3
1 (2) To be satisfactory, the financial statements must be audited or reviewed
2 by an independent, certified public accounting firm registered and in
3 good standing in any state. Current Texas statues also require that
4 accounting fiz-ms performing audits or reviews on business entities within
5 the State of Texas be properly 1 icensed or registered with the Texas State
6 ' Board of Public Accountancy.
7 (3) The accounting firm should state in the audit report or review whether
8 the contractor is an individual, corporation, or limited liability company.
9 (4) Financial Statements must be presented in U.S. dotlars at the current rate
10 of exchange of the Balance Sheet date.
11 (5) The City will not recognize any certified public accountant as
12 independent who is not, in fact, independent.
13 (6) The accountant's opinion on the financial statements of the contracting
14 company should state that the audit or review has been conducted in
15 accordance with auditing standards generally accepted in the United
16 States of America. This must be stated in the accounting firm's opinion.
17 It should: (1) express an unqualified opinion, or (2) express a qualified
1 g opinion on the statements taken as a whole.
19 (7) The Ciiy reserves the right to require a new statement at any time.
20 (8) The financial statement musi be prepared as of the last day of any month,
21 not more than one year old and must be on file with the City 16 months
22 thereafter, in accordance with Paragraph 1.
23 (9) The Ciiy will detennine a contractor's bidding capacity for the purposes
24 of awarding contracts. Bidding capacity is determined by multiplying the
25 positive net working capital (working capital= current assets — current
26 liabilities) by a factor of 10. Only those statements reflecting a positive
27 net working capital position will be considered satisfactory for
2g prequalification purposes.
29 (10) In the case that a bidding date falls within the time a new financial
30 statement is being prepared, the previous statement shall be updated with
31 proper verification.
32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be
33 submitted along with audited or reviewed financial statements by firms wishing to be
;4 eligible to bid on all classes of construction and maintenance projects. Incompiete
35 Applications will be rejected.
36 (1) In those schedules where there is nothing to report, the notation of
37 "None" or "NJA" should be inserted.
3g (2) A minimum of five (5) references of related work must be provided.
39 (3) Submission of an equipment schedule which indicates equipment under
40 the control of the Contractor and which is related to the type of work for
41 which the Contactor is seeking prequalifcation. The sclledule must
42 include the manufacturer, model and general common description of
43 eacl� piece of equipment. Abbreviations or means of describing
44 equipment other than provided above will not be accepted.
45
46 3. Eligibility to Bid
47 a. The City shall be the sole judge as to a contractor's prequalification.
48 b. The City may reject, suspend, or modify any prequalification for failure by the
49 contractor to demonstrate acceptable financial ability or performance.
50 c. The City will issue a letter as to the status of the prequalification approval.
CITY OF FORT WORTH SANI�['ARY SEWER REHABILITATION CONTRACT 80 PART 1
S7'ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01499
Revised July 1, 201 I
l
2
3
4
5
6
7
8
�
004511-3
BIDDERS PREQUALIFICATIONS
Page 3 of 3
d. If a contractor has a valid prequalification ]etter, 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 WORTN SANITARY SEWER REHABILlTATION CONTRACT 80 PART I
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Ciry Project No. 01499
Revised July 1, 2011
00 45 12
BID FORM
Page 1 of 1
SECTION 00 45 12
PREQUALIFICATION STATEMENT
Each Bidder for a City procurement is required to complete the information beiow by identifying the prequalified
contractors andJor subcontractors whom they intend to utilize for the major work type(s) listed.
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
Address Here
Address Here or Space
City, State Zip Code Here
By: Printed Name Nere
{Signature}
Title: Title Here
Date:
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120120
END OF SECTION
00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposaf Workbook
���� ����
`^,�,,,,� �"�'.,
� SECTION 00 45 13
BIDDER PREQUALIFICATION APPLICATION
Date of Balance Sheet
Name under which you wish to qualify
Post Office Box
Street Address (required)
Telephone
City
City
Fax
Mark only one:
Individual
Limited Partnership
General Partnership
Corporation
Limited Liability Company
State
State
Email
Zip Code
Zip Code
Texas TaYpayer ldentiftcation No.
Federai Employers Identification No.
DUNS No. (if applicable)
MAIL THIS QUESTIONAIRE ALONG WITH FINANCIAL STATEMENTS TO:
CITY OF FORT WORTH TEXAS
1000 THROCKMORTON STREET
FORT WORTH, TEXAS 76 1 02-63 1 1
AND MARK THE ENVELOPE: `BIDDER PREQUALIFICATION APPLICATION"
00 45 13 - 2
BIDDER PREQUALIFICATION APPLICATION
Page 2 of 8
BUSINESS CLASSIFICATION
The following should be completed in order that we may properly classify your firm:
(Check the block(s) which are applicable — Block 3 is to be left 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 desib ated a small business as provided in Section
2006.001 of the Texas Government Code.
The classification of your firm as a small or large business is not a factor in determining eligibility to
become prequalified.
MAJOR WORK CATEGORIES
Water Department
Augur Boring - 24-inch diameter casing and less
Augur Boring - Greater than 24-inch diameter casing and greater
Tunneling — 36-Inches — 60 —inches, and 350 LF or less
Tunneling - 36-Inches — 60 —inches, and �-eater 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
CTTY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 80 PART 1
STANDAI2D CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01499
Revised December 20, 2012
00 45 13 - 3
BIDDER PREQUALIFICATION APPLICATION
Page 3 of 8
MAJOR WORK CATEGORIES, CONTINUED
Sewer CIPP, 12-inches and smaller
Sewer CIPP, 24-inches and smaller
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 smalIer
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 AII Sizes
Transportation Public Works
Asphalt Paving Construction/Reconstruction (LESS THAN 10,000 square yards)
Asphalt Paving Construction/Reconstruction (10,000 square yards and GREATER)
Asphalt Paving Heavy Maintenance (tJNDER $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 SANITARY SEWER REHABILITATION CONTRACT SO PART i
STANDARD CONSTRUCTfON SPECIFICATION DOCUMENTS City Project No. 01499
Revised December 20, 20 ] 2
00 45 13 - 4
BIDDER PREQUALIFICATION APPLICATION
Page 4 of 8
1. List equipment you do not own but which is available by renting
DESCRIPTION OF EQUIPiv1ENT NAME AND DETAILED ADDRESS OF OWNER
2. How many years has your organization been in business as a general contractor under your present
name?
List previous business names:
3. How many years of experience in _
had:
(a) As a General Contractor:
construction work has your organization
(b) As a Sub-Contractor=
CLASS LOCATION NAME AND DETAILED
CONTRACT OF DATE CITY-COUNTY- ADDRESS OF OFFICIAL TO
AMOUNT WORK COMPLETED STATE WHOM YOU REFER
4. *What projects has your organization completed in Texas and elsewhere?
*If requalifying only show work pertormed since last statement.
S.Have you ever failed to complete any work awarded to you?_
If so, where and why?
6.Has any officer or owner of your organization ever been an o�cer of another organization that failed to
complete a contract?
If so, state the name of the individual, other organization and reason.
7.Has any officer or owner of your organization ever failed to complete a contract executed in his/her
name?
If so, state the name of the individual, name of owner and reason.
CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 84 PAR? 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01499
Revised December 20, 2012
00 45 13 - 5
BIDDER PREQUALIFICATION APPLICATION
Page 5 of 8
8. In what other lines of business are you financially interested?,
9. Have you ever performed any work for the City?
If so, when and to whom do you refer?
11. Give the names of any a�liates 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?
PRESENT MAGNITUDE
POSITION OR YEARS OF AND TYPE OF IN WHAT
NAME OFFICE EXPERIENCE WORK CAPACITY
13. If any owner, officer, director, or stockholder of your firm is an employee of the City, or shares the
same household with a City employee, please list the name of the City employee and tlle relationship. In
addition, list any City employee who is the spouse, child, or parent of an owner, officer, stockholder, or
director who does not live in the same household but who receives care and assistance from that person as
a direct result of a documented medical condition. This includes foster cllildren or those related by
adoption or marriage.
C[TY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 41499
Revised December 20, 2012
10_ State names and detailed addresses of all producers from whom you have purchased principai
materials during the last three years.
00 45 13 - 6
$IDDER PREQUALIFICATION APPLICATION
Page 6 of 8
CORPORATION BLOCK PARTNERSHg' BLOCK
If a corporation: If a partnership:
Date of Incorporation State of Organization
Charter/File No. Date of organization
President Is partnership general, limited, or registered limited
liability partnership?
Vice Presidents
File No. (if Limited
Partnership)
General Partners/Officers
Secretary Limited Partners (if applicable)
Treasurer
LIMITED LIABILITY COMPA_NY BLOCK
If a corporation:
State of Incorporation
Date of organization
File No. Individuals authorized to si� for Partnership
Officers or Managers (with titles, if any)
Except for limited partners, the individuals iisted in the biocics anove are presumea to nave iu�►
signature authority for yonr �rm unless otherwise advised. Should you wish to grant signature
auihority for additional individuals, please aitach a certified copy of the corporate resolution,
corporate minutes, partnership agreennent, power of attorney or other legal documentation which
grants this authority.
C[TY OF FORT WORTH SANITARY SEWER REHABILITATiON CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Ciry Project No. 01499
Revised December 20, 2012
004513-7
$IDDER PREQUALtF1CATION APPLICATION
Page 7 of 8
14. Equipment
$
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
27
28
29
30
Various-
TOTAL
Simlar types of equlpment may be lumped together. it your iirm nas more tnan ju rypes or equipment,
you may show these 30 types and show the remainder as "various". The City, by al(owing you to show
only 30 types of equipment, reserves the right to request a complete, detailed list of al l your equipment.
The equipment list is a representation of equipment uncEer the control of the finn 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 SANITARY SEWER REHABILITATION CONTRACT SO PART 1
STANDARD CONSTRUCTION SPECIFICATION BOCUMENTS City Project No. 01499
Revised December 20, 2012
00 45 13 - 3
BIDDER PREQUALIFICATION APPLICATION
Page 8 of 8
BIDDER PREQUALIFICATION AFFIDAVIT
STATE OF
COUNTY OF
The undersigned hereby declares that the foregoing is a true statement of the financial 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 report as well 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 statement that he/she is familiar with the books of the said
_ entity showing its imancial 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:
Sib ature:
Swarn to before me this
day of
Notary Public
Notary Public must not be an of�cer, director, or stockholder or relative thereof.
CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 80 PART I
STANDARD CONSTRUCTION SPECIFICATiON DOCUMENTS City Project No. 01499
Revised December 20, 2012
00 45 26 - 1
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Pa;e I of 1
?
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�
28
29
30
31
32
33
34
35
36
37
38
39
. �.
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 warker's compensation insurance coverage for all of its employees employed on City
Project No. 01499. Contractor further certifies that, pursuant to Texas Labor Code, Section
406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with
worker's compensation coverage.
CONTRACTOR:
Circle C Construction
Company
P. O. Box 40328
Address
Fort Worth, TX 76140
City/State/Zip
THE STATE OF TEXAS
COUNTY OF TARRANT
�
�
By: �P/'PSD cS��P��y
(Please Print)
��
Signature: �.�od �S.J-� �vL-(
Title: �G P �P�s� �/� f
(Please Print)
�°"RY "p'�%'°�-,,, MIC�LE S. LANKFORD
;',�P � - . 6
;2p;' is
� n : Notary Public
_�, ;�_
_ • hs S"FAT� O�'FEXAS
:�T'°rF QF t�4P`� (�fy Comm. Exp. October 7. 2015
BEFORE ME, the undersigned authority, on this day personally appeared
TT���. 5�1�� l � , known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as
the act and deed of V' .�e-e5 . for the purposes and
consideration therein expressed and in the capacity therein stated.
GNEN UNDER MY HAND AND SEAL OF OFFICE this ;�0� day of
b � 20L3
� �, �
Notary Public in and for the St t of Texas
END OF SECTION
CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01499
Revised July l, 201 I
00 45 40 - 1
MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL
Page I of ]
1 SECTION 00 45 40
2 MINORITY BUSINESS ENTERPRISE GOAL
3 APPLICATION OF POLICY
4 If the total dollar value of the contract is greater than $50,000, then the MBE subcontracting goal
5 may be applicable. If the total dollar value of the contract is $50,000 or less, the MBE
6 subcontracting goal is not applicable.
7
8 POLICY STATEMENT
9 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority
10 Business Enterprises (MBE) in the procurement of all goods and services. All requirennents and
11 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid.
12
13 MBE PROJECT GOAL
14 The City's MBE goal on this groject is 7% of the total bid (Base bid applies to Parks and Community
15 Services). Note: If both MBE and SBE subcontracting goals are established for this project, then an
16 Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed
17
18
19
20
21
22
23
24
25
26
27
28
29
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 participafion, or
2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation, or
3. Good Faith Effort documentation, or;
4. Waiver dacumentation.
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.
30 SUBMITTAL OF REQUIRED DOCUMENTATION
31 The applicable documents must be received by the Managing
32 times allocated, in order for the entire bid to be considered res
33 Offez-cir;shall deliver the 1VIBE documexitatian i.n person to tih� ap�
34 Depaz�hr�enf anci obtain a date/tri�;e`receipt: Such z'ece�pit s�,��� be
�,- - - � �
. ._.
35 documentatiar�'1� tlie:iime'allocated: A. �'a�ed c�iny w�lt::i�nt.�ie:ai
1. Subcontractor Utilization Form, if goal is met
or exceeded:
2. Good Faith Effort and Subcontractor
Utilization Form, if participation is less than
stated goal:
3. Good �'aith Effort and Subcontractor
Utilization Form, if no MBE participation:
4. Prime Contractor Waiver Form, if firm wil]
perform all subcontracting/supplier work:
5. Joint Venture Form, if utilizing a joint venture
to meet or exceed �oal.
�
Department, within the following
�onsive to the specifications. The
ropria�e exriplovee of the'Mauaging
e�ictence�thattl�e City recei�ed the
received by 5:00 p.m., five (5) City business days after
the bid opening date, exclusive of the bid opening date.
received by 5:00 p.m., five (5) City business days after
the bid opening date, exclusive of the bid opening date.
received by 5:00 p.m., five (5) City business days after
the bid opening date, exclusive of the bid opening date.
received by 5:00 p.m., five (5) City business days after
the bid opening date, exclusive of the bid opening date.
received by 5:00 p.m., five (5) City business days after
the bid ooeninQ date. exclusive of the bid openin� date.
END OF SECTION
CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 80 PART I
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Ciry Project No. 01499
Revised December 20, 2012
005243-1
Agreement
Page 1 of 4
2
SECTION 00 52 43
AGREEMENT
3 THIS AGREEMENT, authorized on Seutember 17. 2013 is made by and between the City of
4 Forth Worth, a Texas home rule municipality, acting by and through its duly authorized City
5 Manager, ("City"), and William J. Schultz, Inc. dba Circle C Construction Companv,
6 authorized to do business in Texas, acting by and through its duly authorized representative,
7 ("Contractor").
8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
9 follows:
10 Article 1. WORK
11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the
12 Project identified herein.
13 Article 2. PROJECT
14 The project for which the Work under the Contract Documents may be the whole or only a part is
15 generally described as follows:
16 SAIVITARY SEWER REHABILITATIONCONTRACT 80 FART 1
17 CITY PROJECT NO. 01499
18 Article 3. CONTRACT TIl1�
19 3.1 Time is of the essence.
20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
21 Documents are of the essence to this Contract.
22 3.2 Final Acceptance.
23 The Work will be complete for Final Acceptance within 200 days after the date when the
24 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions.
25 33 Liquidated damages
26 Contractor recognizes that time is of the essence of this Agreement and that City will
27 suffer financial loss if the Work is not completed within the times specified in Paragraph
28 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the
29 General Conditions. The Contractor also recognizes the delays, expense and difficulties
30 involved in proving in a legal proceeding the actual loss suffered by the City if the Work
31 is not completed on time. Accordingly,.instead of requiring any such proof , Contractor
32 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay
33 City Six Hundred Fiftv Dollars ($650•00) for each day that expires after the time
34 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of
35 Acceptance.
CITY OF FORT WORTH SANTfARY SEWER REHABII.ITATION CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCIIMENT City Project No. 01499
Revised December 20, 2012
00 52 43 - 2
Agreement
Page 2 of 4
36 Article 4. CON'TRACT PRICE
37 City agrees to pay Contractor for performance of the Work in accordance with the Contract
38 Documents an amount in current funds of One Million, Five Hundred Thirty-One Thousand,
39 Two Hundred Twentv and No/100 Dollars ($1,531,220.001.
40 Article 5. CONTRACT DOCUMENTS
41 5.1 CONTENTS:
42
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
�1
72
73
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 Form
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
c. Insurance ACORD Form(s)
d. Payment Bond
e. Performance Bond
f. Maintenance Bond
g. Power of Attorney for the Bonds
h. Worker's Compensation Affidavit
i. MWBE Commitment Form
3. General Conditions.
4. Supplementary Conditions.
S. 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.
CTI'I' OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCiJMENT City Project No. 01499
Revised December 20, 2012
005243-3
Agreement
Page 3 of 4
74 Article 6. INDEMNIFICATION
75
'76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
egpense, 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 specificallv intended to operate
and be effective even if it is alleged or proven that all or some of the damages being
sou�ht were caused, in whole or in part, bv any act, omission or negli�ence of the city.
This indemnity provision is intended to include, without limitation, indemnity for
costs, eupenses and legal fees incurred by the city in defending against such claims and
causes of actions.
6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own egpense,
the city, its officers, servants and employees, from and against any and all loss, damage
or destruction of property of the city, arising out of, or alleged to arise out of, the work
and services to be performed by the contractor, its officers, agents, employees,
subcontractors, licensees or invitees under this contract. This indemnification
provision-is -specifica�iv- intended to--operate aad be-effective even- if-it is aHeged or
proven that all or some of the damages being sou�ht were caused, in whole or in part,
by anv act, omission or negligence of the city.
Article '7. MISCELLANEOUS
96 7.1 Terms.
97 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
98 have the meanings indicated in the General Conditions.
99 7.2 Assignment of Contract.
100 This Agreement, including all of the Contract Documents may not be assigned by the
101 Contractor without the advanced express written consent of the City.
102 73 Successors and Assigns.
103 City and Contractor each binds itself, its partners, successors, assigns and legal
104 representatives to the other party hereto, in respect to all covenants, agreements and
105 obligations contained in the Contract Documents.
106 7.4 Severability.
107 Any provision or part of the Contract Documents held to be unconstitutional, void or
108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
109 remaining provisions shall continue to be valid and binding upon CIT'Y and
110 CONTRACTOR.
111 7.5 Governing Law and Venue.
112 This Agreement, including all of the Contract Documents is performable in the State of
113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
114 Northern District of Texas, Fort Worth Division.
CiTY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Ciry Project No. 01499
Revised December 20, 2012
00 52 43 - 4
Agreement
Page 4 of 4
115 7.6 Other Provisions.
116 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is
117 classified, promulgated and set out by the City, a copy of which is attached hereto and
118 made a part hereof the same as if it were copied verbatim herein.
119 7.7 Authority to Sign.
120
121
122
123
124
125
126
127
Contractor shall attach evidence of authority to sign Agreement, if other than duly
authorized signatory of the Contractor.
IN WITNESS WHEREOF, 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:
William J. Schultz, Inc. dba
Circle C Construction Company
�
By: �
(Signature)
Address:
PO Box 40328
Teresa S. Skelly
(Printed Name)
Title: Vice President
OFFICIA� RECO��'�
C11�11' ��RETA6��
��o �i9A� � cl7t9 C �
�
�
a
�°
��
���
��� � �,
a,�� .
, ��
o�
�
�
0
> �
� o° `�.f
Ci /State/Zi Fort Wort TX 76140 A roved as to Form and Le ali �`� ��°O�V �
l3' P� � PP g tY• �_ ����
Date
128
129
130
131
132
133
134
135
136
137
City of Fort Worth
$Y� Gy%! f�--�-
Femando Costa
Assistant City Manager
Date / /3
Attest: l '�
J. Kay�e ity ec
(Seal)
M&c � -2 c� �+S 1
Date: � � l'1 f 3
(�,e l�t.� �- �
. Y� , � 1,. <<I ►n _ 1C� fi2.
Assistant City Attorney
APPROVAL RECONIIVIENDED:
�
�
S. Frank Crumb, PE
DIRECTOR,
Water Department
C1TY OF FORT WORTH SANITARY SEWER REHABILTI'ATION CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 01499
Revised December 20, 2012
006113-1
PERFORMANCE BOND
Page 1 of 2
1
2
3
4
5
6
�
8
SOND NO. TXC107223
SECTION 00 61 13
PERFORMANCE BOND
THE STATE OF TEXAS
COUNTY OF TARRANT
.
KNOW ALL BY THESE PRESENTS:
9 That we, William J. Schultz, Inc. dba Circle C Construction Compan_y, known as
10 "Principal" herein and Merchants Bonding Companv (Mutual), a corporate �urety(sureties, if
11 more than one) duly authorized to do business in the State of Texas, known as "Surety" herein
12 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal
13 coigoration created-pursuant to the laws of Texas, laiown-as "City" kerein, in the genal swn of
14 One Million, Five Hundred Thirty-One Thousand, Two Hundred Twenty and No/100
15 Dollars ($1,531,220.00), lawful money of the United States, to be paid in Fort Worth, Tarrant
16 County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our
1� heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
18 presents:
19 WHEREAS, the Principal has entered into a certain written contract with the City
20 awarded the 17th day of September, 2013, which Contract is hereby referred to and made a part
21 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and
22 other accessories defined by law, in the prosecution of the Work, including any Change Orders,
23 as provided for in said Contract designated as Sanitary Sewer Rehabilitation Contract LI�Y��
24 (80) Part l, Citv Proiect No. 01499
25 NOW, THEREFORE, the condition of this obligation is such that if the said Principal
26 shall faithfully perform it obligations under the Contract and shall in all respects duly and
27 faithfully perForm the Work, including Change Orders, under the Contract, according to the plans,
28 specifications, and contract documents therein referred to, and as well during any period of
29 extension of the Contract that may be granted on the part of the City, then this obligation shall be
30 and become null and void, otherwise to remain in full force and effect.
31 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
32 Tarrant County, Texas or the United States District Court for the Northem District of Texas, Fort
33 Worth Division.
CITY OF FORT WORTH SANITARY SEWER REHABILAITATIONA CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01499
Revised July 1, 2011
00 61 13 - 2
PERFORMANCE BOND
Page 2 of 2
1
2
3
4
5
6
7
8
9
10
ii
ia
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
T'his bond is made and executed in compliance with the provisions of Chapter 2253 of the
Texas Government Code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said statue.
IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED
this instniment by duly authorized agents and officers on this the 17th dav of September, 2013.
•:1 •1'�__
ATTEST;
'(��u9-Q� •
(Princigal) Secretary, Michele S ��kford
William J. Schultz, Inc. dba
Circle C Construction Com an
BY: ���-r.oG .1'..I��'.�
Signature
Teresa S. Skellv, Vice-Presi ent
Name and Title
Address: P. O. Sog 40328
Fort Worth TX 76140
Wimess as to Principal
�tness as to Surety, a n . Miller
Shervl A. HIutts, Attornev-in-Fact
Name and Title
Address: 2100 Fleur Drive
Des Moines, IA 50321
Telephone Number: 1-80(�-678-8171
*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 SANPI'ARY SEWER REHABILATI'ATIONA CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01499
Revised July 1, 2011
00 61 14 - 1
PAYMENT BOND
Page 1 of 2
l
2
3
4
5
6
7
8
THE STATE OF TEXAS
COUNTY OF TARRANT
BOND NO. TXC107223
SECTION 00 61 14
PAYMENT BOND
�
�
e�
KNOW ALL BY THESE PRESENTS:
9 That we, William J. Schultz. Inc. dba Circle C Construction Companv, known as
10 "Principal" herein, and Merchants Bondin� Company fMutual), a corporate surety (sureties),
11 duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or
12 more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created
13 pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of One
14 Million, Five Hundred Thirty-One Thousand, Two Hundred Twentv and No/100 DOLLARS
15 ($1,531,220.00), lawfizl money of the United States, to be paid in Fort Worth, Tarrant County,
16 Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs,
1'7 executors, administrators, successors a.nd assigns, jointly and severally, firmly by these presents:
18 WHEREAS, Principal has entered into a certain written Contract with City, awarded the
19 17th day of September, 2013, which Contract is hereby referred to and made a part hereof for a11
20 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other
21 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and
22 designated as Sanitary Sewer Rehabilitation Contract L�� (80) Part 1, City Proiect No.
23 01499.
24 NOW, THEREFORE, TI� 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.
CTTI' OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCiJMENT City Project No. 01499
Revised July 1, 2011
00 61 14 - 2
PAYMENT BOND
Page 2 of 2
1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this
2 instrument by duly authorized agents and officers on this 17th dav of September, 2013.
3
4
AT'TEST:
� � 1.�.�1
(Principal) Secretary, Michele . Lankford
Witness as to Principal
ATTEST:
PRINCIPAL:
William J. Schultz, Inc. dba
Circle C Construction Com an
BY: /--ctiyo c .�cf�s
Signature
Teresa S. Skelly — Vice President
Name and Title
Address: P. O. Bog 40328
Fort Worth, TX 76140
SURETY:
Merchants
:
(Surety) Secretary
Witness as to Sure , A. Miller
5
6
7
8
9
10
11
12
Sheryl A. HIutts, Attorney-in-Fact
Name and Title
Address: 2100 Fleur Drive
Des Moines, IA 50321
Telephone Number: 1-800-6'18-8171
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 sha11 not be prior to the date the Contract is awarded.
END OF SECTION
CiTY OF FORT WORTI-I SANITARY SEWER REHABILITATION CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCITMENT City Project No. 01499
Revised July l, 2011
006119-1
MAINTENANCE BOND
Page 1 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
THE STATE OF TEXAS
COUNTY OF TARRANT
BOND NO. TXC107223
SECTION 00 61 19
MALNTENANCE BOND
.
KNOW ALL BY THESE PRESENTS:
That we William J. Schultz, Inc. dba Circle C Construction Companv, lazown as
"Principal" herein and Merchants Bonding Companv (Mutual), 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 One Million, Five Hundred Thirty-One Thousand, Two Hundred Twenty and No/100
DOLLARS ($1,531,220.00), 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.
WHEREAS, the Principal has entered into a certain written contract with the City awarded the
17th day of September, 2013, which Contract is hereby referred to and a made part hereof for all
purposes as if fully set forth herein, to furnish all materials, equipment labar and other accessories
as defined by law, in the prosecution of the Work, including any Work resulting from a duly
authorized Change Order (collectively herein, the "Work") as provided for in said contract and
designated as Sanitary Sewer Rehabilitation Contract LXX�L (80) Part l, City Proiect 01499;
and
WHEREAS, Principal binds itself to use such materials and to so construct the Work in
accordance with the plans, specifications and Contract Documents that the Work is and will
remain free from defects in materials or workmanship for and during the period of two (2) years
after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and
CITY OF FORT WORT SANITARY SEWER REHABILiTATION CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCiJMENT City Project No. 01499
Revised July 1, 2011
00 61 19 - 2
MAINTENANCE BOND
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
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 withi.n 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 bome 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 sha11 be continuous in nature and
successive recoveries may be had hereon for successive breaches.
CITY OF FORT WORT SANITARY SEWER REHABILTI'ATION CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCiJMENT City Project No. 01499
Revised July 1, 2011
0061 19-3
MAINTENANCE BOND
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
28
29
30
31
32
33
34
35
36
37
38
39
40
IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this
instrument by duly authorized agents and officers on this 17th dav of September. 2013.
ATTEST:
,
t`C1�.cA,�.�`� .La.n
(Principal) Secretary, Michele S ankford
PRINCIPAL:
William J Schultz Inc dba
Circle C Constrnc�ion Comnanv
BY: � � ,.f f�
Signature
Teresa S. Skellv — Vice President
Name and Title
Address: P. O. Bog 40328
Fort Worth TX 76140
Witness as to Principal
SURETY:
Merchants B Com an u al
J
BY:
ignature
ATTEST:
Shervl A. HIutts, Attornev-in-Fact
Name and Title
' Address: 2100 Fleur Drive
(Surety ecre
Des Moines, IA 50321
Wi ess as to Surety, A. iller Telephone Number: 1-500-678-8171
*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 ac�dress 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 WORT SANITARY SEWER REHABII,ITATION CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 01499
Revised July 1, 2011
MERCHANT�S �
BONDING COMPANY�
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations duly organized under the laws of the State of lowa (herein collectively called the "Companies"),
and that the Companies do hereby make, constitute and appoint, individually,
John A Miller; John R Stockton; K R Harvey; Sheryl A Klutts
of Fort Worth and State of TX their true and lawful Attomey-in-Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowiedge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of:
TEN MILLION (�10,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies, and all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This Power-of-Attomey is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of
Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc., on October 24, 2011.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the
seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof.
The signature of any authorized ofFcer and the seal of the Company may be affixed by facsimile or electronic transmission to
any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,
or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and
etfect as though manually fixed."
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 1st day of �anuary , 2�12 •
STATE OF IOWA
COUNTY OF POLK ss.
,.�•��„'i t0 i#,�� '�-.
�. .
,� .
,�o,, ,Ga� oR,�,;;�.oa ;
� �
-�-' � -0- `� = C
j:, 2t;03 r.+n,
�,.�'y'; • . ..-•;r�<�'�,�,
,,, � '•�, ,,,,,
.•-�-•.
,• �\N� ,CO,j�•.
m�?ORP � 9 �' �'� �
.
• 'G '�.�•y.c:
:�=_ -o_ o�: ;
.Z; :3.
' a = 1933 : c'
.y .
. J. •�y.
. .
. 6,;• ••�� .
. .
.. �v'' � '' t..
'••.....
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
By ��
President
On this 1st day of J2nuary 2012, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did
say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and
that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and
sealed in behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, lowa, the day and year
first above written.
�
+�,� MARANDA GREENWALT ,� ,,�,��r�,� �
�� Commission Number 770312
My Commission Expires
O1" October28,2014
Notary Public, Polk County, lowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,
which is stili in full force and effect and has not been amended or revoked.
POA 0014 (11 /11)
,o���,� 10N,4� '�,
�. --.
: '� p,q . O �
�os. '`o q�� wQ':
�: `- .p- � :?�'.,
�, .
: �:, 2C�3 :.�
.--d',�►�."••-,�•';����,,•:
a..� �t _.a•
•' � � C �'•.
: . ���N _ O�A ..
,�O.ORPQ,9 •.q .
• � G '�� :y,c :
:+."'.:_ -a- o: ;
.Z; :3.
' a � 1933 •
. y : c.
• • b•
. J' .�p.
. .
.
���••� ••'�1�.
.•
••....•
�/�GiCe%,,,�/ G�'s!�/Is����,
Secretary
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on
tn�s � 7th day of September ,. 2013 �
.. .. .....
I�VIPOR�'.ANT NOTICE
To obtain Fnformatian o� make a c�mplaint:
You may cantact your insurance agent at the telephone number provided by your insurance agent.
You may cal! Merchants Bonding Company's toll-free telephone number for information or to make a
complaint at:
• 1-$00-678-8t 71
You may con#act the Texas Department of Insurance ta ok�tain informatifln on cvmpanies, coverages, r�ghts or
complaints at:
1-800 252-3439
You may write the Texas Department of Insurance at
P. O. Box 949104
- Austin, TX 78714-9904
Fax: (512) 475-1771
Web: http:/Iwww.tdi.state.tx.us
E-mail: ConsumerProtectian@tdi.state.tx.us
PREMIUM AND CLAlM DISPUTES: Should you ha�e a dispute conceming yaur premium or about a claim
yo� should corrtact the agent first !f the dispute is not resolved, you may contact the Texas De�artment of
Insurance.
ATTACH THIS NOTiCE TO YOtfRPOi.ICY: This notice is fflr informatian onfy and does not become a part
or condition of the attached document.
SUP 0032 TX (7/fl7)
'��� �
c� 7� 52 as ��r
TEXAS - ULTRA L1ABI�ITY P�.US ENDORSENiENi'
CQNtMERC1AL GENERAL LIAE3IL.lTY EXTENSION EfVDQRSEii!#ENT SUIUIMARY C►F COVERAGES
This is a summary af the various addifiona[ coverages and coverage modifications provided by this
endorsement. No coverage is provided by this summary.
� * Coverage for �an-owt�ed watercratt is extended to 51 feet in length
� Voluntary Property E�amage Coverage
$5,000 O�currence with a $10,000 Aggregate
* Care, Custody and Conira� Property Damage Coverage
$25,000 Occurrence with a $100,000 Aggr�gate - $500 [?eductible
_ _ * Product Recall Expenses
$25,�DQ Each Recail Limit with a$50,OQ0 Aggregate -$�,OOQ Qeductible
" Water Damage Legal Liability - $25,000
* Increase in Supplementary Payments: Ba�l Bonds fo $1,OQa ar►d Loss of Earnings to $500
* For newEy forrned or acquired organizatians - extend the reporting requirement to 18a days �
* Automafic Additional Insured - Owners, Lessees or Contractors - Aufomatic Status Whet� Required in Canstruciion
Agreement With You
� Automatic Additionaf lnsured - Vendors
* Automatic Additior�al Insureci - Lessor of Leased Equipment Automatic Stafus When Required in Lease Agreement
1Nith You
* Automatic Additional Insured - Managers or Lessor of Premises
� w Additianal f nsured - Engineers, Architects or Surveyors Not Engaged by the Named InsUred
* Additional [ns�red - Employe� Injury to An�ther Employee
" Primary Additiona) Insured � �
'" Ex{�anded Fire Legal Liabilify to include Explosion, Lig}�tning and Sprirtklsr Leakage
* Automaticall}� irtcluded - Aggregate Limits of Ensurance (per location)
* Auiomaifcally included - Agg�egate Limits of Insurance (per project)
* Knowiedge of occurrence - t�nowledge of an "occurrence", "ctaim" or suit" by your agenf, servant or employee shaii
not in itself constitute knowledge of the named insured unless an officer af the named insured has received such
notice fram fhe agent, servani or errtployee
- '� Uninfentianal failure to disclose al[ hazards. If you unintent�onally fail !o dEsclase any hazards exisfing at the inception
date ofi your policy, we will not deny caverage under this Coverage Form because af such faiiure. However, this
p�ovisPt�n does not affect our right to callec# adclitional premium or exercise our right of cancelation or non�renewal.
* Liberalization Condition
� MobPte equipment to incfude snow removal, roed r�taimenance and street cleaning equipr�ent less than 1,000 Ibs
GVUU
" BlanEcet Waiver of Subrogaiion
" Property Damage - Borrowed Equipment
* Praperty Damage l.iability - Elevators
* Bodily Injury Redefined
* �xtended Property Damage
* Damage #o Media Legal Liability - $50,Od0
REFER TO THE ACTUA�. ENDORSEM�NT F�LLOWING O(1t PAGES 2 THRC1UGFi 15 FOR CNANG�5 AFFECTING
YUUR INSURANCE PR07'�C�'iON
CG 71 52 0611 Includes copyrighted material of Insurar�ce Sen�ices Office, ine., with its permission. Page 1 nf �5
* 31015 4 5 �* I[�I��) I���) (Il�l Ill�l I���� �lll� �II�� �(III ��I� I���
CG 71 52 Q611
TH[S ENDORSEMENT CHANGEB THE POL►CY. PLEASE READ IT CAREFUtLY.
ULTRA LIABILITY PLUS ENDORSEM�NT
This endorsement modifies insurance provided �nder 1he fo�lowing:
COMMERCIAL GEl�ERAL LIABILITY C�VERAGE PART
SECTf011[ l - COV�RAG�S
COVERAGE A BODILY WJURYAND PR4PERTY DAMAGE LIABII.ITY
The Follow�ng changes are made to 2. Exclusi+ons:
Extended I'rop�rty Damage
Exclusion 2.a., Expected or Intended Injury is replaced with the following:
a. "Badily in�ury" or "properfy damage" expected or intended from the standpaint of the insured. This exclusion does
not appty to "bodily injury" or "property damage" resufting from the use of reasonable force to protect persons or
property.
Extencled Watercraft Coverage
�xclusion g.(2j is deleted and replaced by the fa(lowing:
g.(2) A watercraft you do not own that is:
(a) Less thac� 51 feet long;
(b} Not being used to carry persans t►r property for a charge;
Prap�rty Damage Liability - Borrowed Ec�uipment
The following is added to �xclusion j.:
Paragraph {4y of this excl�tsian does not apply ta "property damage" to borrowed equipment whi�e at a jobsite and
wh�1e nat being used to �erforrr� operations. The most we will pay for "praperty damage" to any ane borrowed
equipment item �nder this coverage is �,25,000 per occurrence_ 7he insurancs afforded under this provision is
excess over any valid and colleclible property insurance (including deductible} available to the insured, whether
primary, excess, contingen# or on any other basis.
1'roperty Darnage Liability - Eievators
The following is added to Excluston j.:
Under paragraph 2. Exclusions of Coverage A. "Bodily Injury" and "Property �amage" Liability Paragraphs 3, 4& 6
of this exclusion do not apply to "properEy damage" �esulting from the use of elevators. i-towever, any insurance
provided for such "property damage" is excess over any valid and collectibfe prnperty insurance (including
d�ed�actibtej avaifable to the insured, v�rhether primary, excess, contingent or on any other basis.
CG 71 52 06 91 Includes copyrighted material of Insurance Services �ifice, Inc., with its permission_ Page 2 of 15
The tast paragraph of ltem 2. Exclusior�s is deleted and replaced by the following:
CG �1 52 OG 19
Exclusions c. through n. do not apply ta damage by fire, explosion, lightning, smoke resuifi�g from such fire,
explosian, or ligi�tning or sprinkier leakage to premises while rented ta you ar temporariiy occupiec! by ycru with
``" permission of this owner. A separate limii of insurance applies to fhis coverage as described in Section 111- Limits of
Insurance.
THE FO[.L0INING COVERAGES ARE ADDED:
Voluntary Property Damage Coverage
The insurance pravided under Caverage A(Section 1) �s arnended tt� include "property da�nage° to property of others
caused by the insured: �
a. While in your possession; or
b. Arising out of "your wor�c".
Coverage applies at the requesf of #he insured, whether or not the insured is legally obligated to pay.
For the purposes of fhis lfolantary Proper�y namage Coverage only:
Z. Exclusion j. �amage to Property under Coverage A(Sectioc� I) is deleted and repiaced by the following:
j, Damage to Proper#y
"Property damage" to_
(9 j Property held by #he insured for servicing, re�air, storage or s�le at premises you own, rent, lease, operate or
use; .
�2) Prape�ty transported by or damage caused by any "automobiie", "watercraft" ar "aircraft" you ov�t�, hire or
[ease;
(3) Property you awn, rent, lease, borrow or use.
Care, Custody and Contral Frope�ty Damage Coverage
For the purpose of this Ca�e, Custody and Control Property Damage Coverage only:
1. Item (4} of Exclusion j. of Goverage A(Seciion i} does nof apply.
C�VERAGE M. DANIAG�, TO MEUTA �.�GAL. LIABILITY
1. Insuring Agreemen# �
a. We will pay those su�ns that the insured becomes legally obligated to pay as damages �ecaase af damage to
"electronic data" to which ti�is insurance appties_ We wilt have tha righf and dufy to defend the insured against
any "sufY' seeking ihose damages. However, we will have no duty fo defend the insured againsi any "suii"
seeking damages for "electronic data" to which this insurance does not apply. 1Ne may, at our discre#ion,
investigate any'bccurrence" and settie arty claim or"suit" that may resulf. But:
CG 79 52 06 91 fncludes copyrighted maferial of Insurance Services Otfice, ine„ wi#h its permission. PagE 3 of 45
* 3 2 015 4 6 Q* I�'���� lll�l �I�I� ��II� ����I ����� EII�� IlII� ���I ����
CG71520641
(1) The amount we wil( pay for damages is {imited to $50,000,
(2) Qur right and cfuiy #o defend ends when we have used up the applicable limit of insurance in the payment of
judgme�ts or settlemenfs under this coverage or any other applicable coverage or medical expenses under
Coverage �.
No o#her obligation or liability to pay sums or perform acts or services is c�vered unfess explicit(y provided for
under Supplementary Payments.
b. This insurance applies #o damages tti "electronic da#a" only if:
(1) 7he darnage to "electronic data" is cau�ed by an "occurrence" fhat taEces place in the "coverage territary";
{2} The damage �o "electronic dafa" ocaurs during the policy perlod; anc!
(3} Prior to the policy period, no insured listed under Paragraph 9. of Sectian I! - Who Is An 1Rsured and no
"employee" aUtharized by you to give or receive notice of an "occurrence" or claim, knew that the damage to
"electronic dafa" had occurred, in whote o� in part. If such a listed insured or authorized "employee" knew,
prior io the poiicy period, that the damage to "elecfronic data" occurred, then any continuation, anange or
resumption of such damage to "electronic data" during or after the policy period will deemed to have been
known prior to the palicy period. �
c, Darnag� to "electronic data" whic4� occurs during ihe poticy period and was not, prlor io the po[icy period, known
to have accurred by any�insursd fisted under Paragraph 1. af Sectian II - IlUho Is An lnsured ar any °ernpioyee"
authorized by you to give or receive notice of an "occurrertce" ar claim, includes any continuation, cl�ange or
- resumption of that ctamage ta °elec#ronic data" atter the end of the palicy period.
d, Damage to "e#ectronic data" will be deemed to have been known t4 have Qccurred at ihe earliest #irne when any
insured listed uncter Paragraph 9 of 5ection Il - UVho Is An Insured or any "ernployee" authorized by yau to give
ar receive notice of an "occtarrenceN or claim:
{1) Reports all, or any part, of the damage to "electronic data" #o us or any other insurer;
t2j Receives a wriffer► ot� verbaf demand or claim for tlamages because of the darr�age to "electronic data"; or
(3} Becornes aware by any oiher means that da�nage io "electronic data". has occurred or has bagun to occur.
Z. Exclusions
7his insuranae daes not apply to:
a. Expected ar intended Injury
Damage to "electronic data" sxpected or intended from ti�e standpoint of the insured.
b. Contractual Liability
Damage to "e[ectronic data" fo� which the insured is obligated to pay damages by reasan of the assumption of
liability in a confract or agreement_ 7his exclusion does nvt appiy to liability for damages titat the insured would
have in the absence of the cantract or agreement.
CG 71 52 0611 Inct�des copyr�ghtec� maferial of lnsurartce Services Office, Inc., with its perrnission. Page 4 of 95
CG 79 �2 06 '!9
c. Pollution
Damage to "electronic data" arising out of the actual, alleged or threatened d'[scharge, dispersal, seepage,
rnigratifln, release or escape of "pollutants"_
d. Aircraft, Auta,llitatercraft or Mtibile Equipment
Damage io "electronic data" arising aut of:
� (9 j The transportation of "mobite equipmenf' by an "auto" owned or operated by o� rented or loaned to any
insured; or
(2) The use of "mobile squipment" in, or while in practice for, or while �eing prepared for, any prearranged
racing, speed, demalition or st�nting activity.
e. War
Damage to "electronic ciata" however caused, arising directly or indireetly, out of;
t1) War, including undeclared or civil war;
(2) Warliice aciior2 by a military force, ineluding aciion in hindering or defending against an acfual or expected
aifack, by any govemment, sovereign or other authnrity usEng military personnel ar other agents; or
{3} Insurrection, rebellion, revolution, usurped power or action tafcen by govemrrtentat authoriEy in hindering or
defending against any of these.
f. Damage To Property
Damage to "elecfronic data" tha# is:
(9} Property you own, rent or Qccupy, including any casts or expenses incurred by yau, or any other person,
arganization or entify, for repa�r, replacement, enhancement, restoration or maintenance of suah property for
any reason, includ9ng prevention of injury to a person or damage to anQtf�er's property;
{2j Properfy loaned fo yau; �
{3) Personai property in the care, custody or confrol of the insured;
{4) That particular part of real properly an which you or any contractaEs or subcontractors working directly or
indirectfy on your behalf are perforining operations, if the "property damage" arises out of ihose operations;
or
{5} That particular part of any pro�erEy that musi be rastared, �epaired or replaced because "yau� work" was
incorrecfly pertormed on it. -
g, Darnage To Your PrQciuct
Darnage to "efectranic data" ln "your praduct" ar arising out of it or any pa�t of it.
h. Damage To Your UUork
Damage to "electronic dat�" in "your work" arising out of it or any part of it and included in the "products-
campleted operations hazard".
CG 71 52 06 14 Includes copyrighted material of lnsurance Services Office, Inc., wiih its permission. Page 5 af 15
* 3 3 015 4 7 0* I�IAI�� III�) ��I� ��I�l �Il�) /III� ���l� I�1�I ��I� I�II
CG 71 52 O6 'i 9
i. DarrEage To Impaired Property Or Property Not Physically lnjured
Damage to "electronic cfata" in "impaired property" or prope�ty lhat has not been physicaUy injured, arising oot of:
(9j A defect, deficiency, inadequacy or dangerous conciition in "your producY' or "yourwork"; or
{2y A delay or failu�e by you or anyone acting on your behalf to perfarrn a contract or agreement in accordance
with its ferms.
j. Recall af Products, Work Or Impaired Proper�y
Damages claimed far any loss, cost ar expense inaurred by you or oihers for the ioss of use, withdrawal, recaif,
inspsction, repair, replaaement, adjustment, removal or disposal of:
{9 ) "Your producY ;
{2} "Your work"; or
{3} "Impaired property";
if such product, work or prape�ty is withdrawn o� reca(led frorn t�e ma�ket or from use by any person or
organization because of a kttown or suspected defiect, deficiency, inac€equacy or ciangerous condition in if.
ic, Persona! And Advert3sir►g Injury
Damage fo "electronic data" arising out of "persortal and advertising injury".
COVERAGE R. PR�Dt1C7 RECALL EXPEhiSE
4. Insuring Agreement
a. Vile will pay 90% of "product recali expense" ynu incur as a result of a"product recall" you initfafe during ihe
coverage period.
b. We will on�y pay for "produc# recall expense" arising aut of "your products" which have been phys'scally
refinqUished to athers.
7he amount we wili pay is (imited as described beiow in S�CTiON III - L.tNfITS OF INSURANCE.
2. Exclusions
This insurance daes not apply to "product recall expense" ar3sing out of:
a. Any fact, circumstarice or si#u�tion which existed at the inception date of the policy and which you were aware of,
or coutd reasonably i�ave foreseen that would l�ave resulted in a"praduct recalP'.
b. Deterioration, decomposiiion or transforrnatian of a chemical nature, except if caused by an error in the
manufacture, design, processing, storage, or transportation of "your praciuct".
c. The wiihdrawal of similar prodUcts or batches that are not defecfive, when a defect in anothe� producf or batch
has be�n found.
�
CG 71 52 0611 Inc�udes copyrighted materiaf of lnsurance Services Office, Ine., with its permission. Page 6 af 15 .
:
CG 71 52 06 19
d. Acis, errors o� om�ssions of any of your employees, dane wifh prior knowledge of any of your o�cers or ciirectors.
e. fnhereni vice, meaning a naiural conditior� of property that causes it to deteriorate or became damaged.
f. "Bodily [njury" or "propetty damage".
g. Failure of "your productA to accomplish its intended purpose, including any breach of warranty of fitr�ess, quality,
efficacy or efftciency, whether written or implied.
: h. Loss of reputation, customer faitf� or approval, or any cosfs incurred to regain cusfomer marfcet, or any other
consequential damages.
i. Legal fees or expenses.
j. Damages claimed far any loss, cost or expense incurred by you or others for fF�e foss of use of "your product".
k. "Product recall expense" arising from the "praduat recali" of any af "your products" for which coverage is
excluded by endorsemenl.
CUVERAGE W-1lttATER DAMAGE LEGAL �iABtLITY
The Insurance pravided undeF Goverage W(Sectiort 1} appE�es to "property darnage" arising out of water clamage #a
premises that are bof�t renied to and occupie�i by you.
The Limit under this coverage shall not �e in addition to the D�mage To Premises Rented To You Lirni[.
S�CTIUN [- SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended to read SUPPLEMENTARY
PAYMENTS; and
Etems �l .b. and 1.d are amended as follows:
b, Up to $1,000 for cost of bail bonds required because of accidents or traffic law viofations arising ouf of the use of
any vehicle t4 which ihe Bvdiiy Injury Liability Coverage applies. We do not have to furnish these bonds.
c�. All reasonabfe expenses incurred by fhe irlsured at �ur �equest fa assisi us in the invesi�gaiion or defense of the
clairn or "suit", including actual [oss of earnings up ta $500 a day because of fime off from work.
SECTfON (� - BROAD FURM NAMED If�SURED
1. Section [[ — Wf�o Is An Insured is amended to include as an insured any legally incorporated entity af which you own
more than 50 percent oi the voting stocic during the policy period.
- 2. For the purposs of the caverage provided by this pravision only, the follawing is added fo Condition 4.b. Excess
Insuranc�, under Sec#ion IV - Gommercial General Liability Condifions: This ":r�surance is excess over any of the
ather insurance, whether primary, excess, contir�geni or on any other basis, that is available to an insured soleEy by
reason of ownecship by you of mare than �0 perc�nt of the vatin� stock.
3. This pravisian does nof apply fo a policy wriiten to apply specifically in excess of fhis palicy.
CG 71 52 06 Z9 (ncludes copyrighted material af Insurance Services O�ce, Inc., with its permission. Page 7 of 15
� 3 4 015 4 8 0* t 1��I�i IIIl1 ����� ����� I���� �I��� �l�Il ��II� ���I I�I) I
CG 7'i 52 0611
ltem 4,a. is defeted and replaced E�y the following:
a. Coverage under this provisiQn is afforded only until the 980th day afier you acyuire or form fhe organization or
the end of the policy period, whiche�er is earfier.
The fof(owing are added:
5. Aclditional fnsured - Owners, Lessess ar Contractors - Automatic Status WF�en Required in Cansiruction or
Service Agreement With You
a. Any person or organizatiort for whom you are perForrning aperations when you hav� agreed in writing in a
contract or agreement thaf such person ar organizafion be added as an addiiional irtsured on your policy. 5uch
person or organizatian is an addi#ional insured onfy with respect #o yo�r liability which may be im�uted to ihat
person or organization direcfly arisir�g out �f yauf ongoing operations performed for t#tai persan or organization_ A
person's or arganizatEon's status as an insured under fhis endorsement ends when you� aperaiions for fhat
-- insured are c4mpleted.
b. With respect io the insurance afforded these additional insureds, tha following addifional exciusion appl9es;
This insurance does nof apply ta:
"Bodily injury", "property damage", or "personal and advertising InjuryN arising ouf af fhe re�dering of, or ihe
failure to render, any prQfess9onal architectural, engineering or sunrey�Rg services, inciuding:
(9) The preparing, approving, ar failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specif�catians; and
(2} Supervisory, inspection, architectural or er�ginee�ing activi�ies.
6. Additit�nal Insured - Vendors
Any person or organization (reFerred to below as venc#or}, but only with respect to "bodily injury" or "property
damage" arising out of "your products", which are distributed or sold in the regu[ar course of the vendor's
busfness, subject to fhe following additional excfusians:
a. The insurance afforded �he vendQr does noi apply to:
(4) `Bodi[y injury" o� "properiy �amage" for which the vendor is obligated to pay damages by reason of the
assumption a� liabllity in cantract or agreemenf. Thls exclusion does not apply fo liabilify for damages thaf
the vsndo� would have in the absence of the contract or agreement;
(2} Any express warraniy unauthorized by you;
(3} Any phystcal or cherriica[ change in fhe product made intentionally by the vertdor;
{4) Repackaging, unless unpac3ced sofely for the purpose of inspection, demonstraiion, tesiing, ar the
substitution of parfs under insiruc#ions frorr� the manvfacturer, and then repacScaged in the origina� cantainer;
��) Any failure io maice such inspeciions, ac3justments, tests or servicing as the vendar has agreed fa rrzake or
narrnally unctertakes to make in the usual course of business, in connection with the distributior� or sale of the
products;
(6j Demonsfration, instatlatian, servicing o� repair operations, excepf such operations performed at #he vandor's
prerrsises in conneciion with the sale of the produci;
CG 79 62 06 91 lncludes copyrighted maier�al of Insurance Services OFfice, lnc., with its permission. Page 8 of 9�
CG 71 52 06 11
(7) Praducts which, after Qistribuiian or sale by you, have been fabelecf or relabeled or used as a container, part
or ingredient of any other thing ar subsiance by or for the vendor_
b. 'Fhis insurance does not apply to any insured person or organization, from whom you have acquired such
• products, ar any ingredient, part of container, entering into, accompanying ar conta}ning such products.
7. Addiiional Insured - Lessor af Leased Equipment - Auiomatic Status When Required in Lease Agreement
With You
a. Any person or organization from whom yau lease equiprr2ent when you and such person or organization have
egreed in writing in a contract or agresn�ent that such person or organizatian be added as an addiiional insured
': on yaur policy. Such person or organization is an insured, but only with �espect io your liabiliiy arising ouf af the
main#enance, aperation or use of such leased equipment, which may be irnp�ted to that person or organization
as the lessor of equipment. A person's or organization's siatus as an insured under this endarsernent ends wtten
their contract or agreement with you for such leased eqaipment ends.
b. Wi#h respect fo the insurance afforcfed these additional insureds, ihe following additionat excfusion apply:
(1} io any "occurrence" which fakes place;
{2� To "bodily injury" or "properfy darnage" arising out of the sole nagJigence of such.person or organization_
8. Addifional Insured - Managers or Lessors of Premises
Any person or organization, but anly witt� respect to the liabiliiy arising out of the ownershi�, maintenance or use of
tha� part of the premPses leaseci to you and subject to the following additional exclvsians:
This insurance daes not apply to ar�y:
a. Any "occurrence" v�rhich takes �lace after you cease to be a tenant in thaf premises.
b. Structural alierations, new construcfion or demolition ope�afions pertormed by �r on behalf of any person or
organization.
9. Additional Insured - Engineers, Archifects or Sunreyors Nat EngagecE by the Narnec! lnsured
Coverage is provided only wi�en the insured is eontractually- required to add the engir�eer, architect or surveyor.
Coverage is provide�i with respectto your liability far "bodily injury" or "property darnage" or"personal and adveriising
inju�y" directly arising out o#:
a. Your acts or omissians; oc
b. Your acis or omissions of those acting on yaur behalf;
!n the perFormance of your ongoing operatians for tf�at additional insured(s).
30. Aciditionaf tnsured - Employee Injury to AnotF�er Employee
With respect io your "ernployees" who occupy positions which are supsrvEsory in nature:
Paragraph 2.a.(1} af fhis section is arnended to read:
CG 79 52 06 41 EnclUdes cQpyrighied material of Insura�ce Services Oi€ice, Inc., wifh its permission. Page 8 of �E5
* 3 5 015 4 9 � * � ��I��I �I�I� ����� ���[� �I��� ��fJ� ��1�� I'��I (��I IIlI
CG 71 52 06 '! 1
(1) "Bodi(y injury" or "personal and advertising i�jury° �
a. To you, to your partners oc rnembers (if yau are a partnership or joint venture}, or to your members �f
you are a limited liability company);
b. �or which the�e is any obtigatEon to s�are damages with or repay sameone else who must pay damages
because of the injury described in paragraph (9}(a} above; or
c. Arising out of his or her providing or faifing to provide professional heaith care services. Paragraph 3.a.
is deleted.
Fbr #he purpose of this Item 90 only, a posEtion is deemed ia #�e supe�viso�r in nature if thai person performs
pri�cipal work which is subsfantially differeni fram that af his or her subordinates and has aufhorify to hire, direct,
discipline ar d�scharge.
19. Primary Additiana! Insured
A. Commercial General Liability Conditions (Section 1V}, paragraph 4. {Other Insurance) is delefed and replaced by
the following:
4. Other �nsurance
If vaiid and coilectible "other insurance" is available to the insured for a loss we cover under Caverages A or
B of this Coverage F'art, our obligations are Gmited as follows:
a. Pr�mary Insurance
�his insurance is primary exaepf when b. below appHes, if this insurance Is primary, ouc obligations are
not affecied unless any of the "other insurance" is also primary. l'hen, we will share with ali thai "othes
ir�surance" by the method described in c. belaw.
b. Excess Insurance
This insurance is excess over any of the "other �nsurance", whether primary, excess, contingent or on any
other basis:
(1) That is Fire, Exiended Coverage, Builder's Risk, Installation Risk, or similar coverage for "your wark";
{2) Tnat is Fire insurance for premises rented to you or terrtporarily occupied by you with permission of
the owner„
(3 That is insurance purchased by yau to cover your liability as a tenant for "property ciamage" to
premises rented to yau or temporarily occupied by you with permission of the owner; or
(4j tf ihe loss arises oui of the mainienance or use of aircraf#, "autos", or watercrafi to the extent not
subject to Exclusion g. of Secfion !- Goverage A- Bodily Injury at�d Property Damage Liability; or
(5} That is available to the insured witen the insured is an additional insured under any othe� palicy,
including any umbrelfa or excess pQlicy.
(6) 3hat is pro�idec! to arty person or organization who qualifies as an additional insured herein, except
wt�en you ar►d that person or arganization have agrsed in writing that this insurance shall be primary.
CG 79 S2 0619 Includes capyrighteci maie�ial of [nsurance Services Office, Inc., with ifs perrnission. Page 90 of 95
c� 7� s2 os z�
-- Wf�en this insura�tce is excess, we will F�ave qo duty under Coverages A or 8 to defend the ir�sured
against a�y "suit" if any provid�� of "other insura�ce" has a duty io defend the insured against fhat "suiY'.
� If no provider of "o�her insurance" defends, we wifl unctertake to do .so, bui we wili be entitfed to the
insured's rights against aU those praviders of "other insurance°.
V1the�t this insurance is excess over "of�er insurance", we wifl pay only our share of the amount of the
loss, if any, thaf e�ceeds fhe sum of:
(1) The to#al amourrt that ail such "other insurance" would pay fo� the loss in the absence of this
insurancs; and
t2� The toial of aIl deduciible and self insured amaunts under that "other insuranceu.
UVe wil! s�are the remaining loss, if any, with any "oiher insarance" that is not described in fhis Excess
tnsurance pravis[on.
c. Methad Qf Sharing
1# all of the "oiFter insurance" permits contribution by equal shares, we wiil follow this method alsQ. Under this
approach each provider of insurance cont�ibutes equa! amounfs ur�tiE it has paid ifs appiicable limif of
insurance or none of ihe loss remains, which�ver comes firsi.
If any af the "other insurance" does not permit con#ributian by equal shares, we will contribute by limits.
Ur�der this method, the share of each provider of insurance is based on the rafio of its appticabte lirnif of
insurance ia the total applicable limiis of ir�surance of all providers of insurance.
B, For the purposes af this insurance coverage provided by fhis Iter� 91 only, ihe fallowir�g definition is added to
DEF#NITIONS (Section V}:. �
"Other Insarance":
a. Means insurance, or the funding of losses, that is provi�ed by, #h�ough or on behalf of:
(9) Another insurance company;
(2} Us or any of our affifiatod insurance companies, except whsn fhe N�n-cumulation of Each Occurr'ence
�imit section of Paragraph 5 1,IMITS OF lNSURANCE {Section III} or the Non-cumulation of Personal
and Advertising Injury limifs sections of Pa�agraph 4 of LIMITS OF ENSURANCE (Section III} appfies;
(3} Any risk retention graup;
(4) Any self-insurance method or program, other than ar�y funded by you and over which the Coverage Par#
applies; or
(5} Any similar risk transfer ar risk managerrient me#hod.
b. Does nat include umbrella insurance, or excess insurance, fhat you boughf specifically to apply in excess of
the Limits af Insurance shown on the Declarations af this Coverage part.
CG 79 52 06 11 lncludes capyrighted material of lnsurance Services Office, (nc., with its perrnission. Page 11 of 45
� I l�llll �llll [III[ II[I� I�II� I�III IlIII I111L ��I) IIII
�s�oi�5oo*
CG 71 b2 06 47
SECTfON III - C.INliTS O� II�SURANCE
Items 2, 3, �nd 6 are deleted and replaced by the faliow�ng:
2, The General Aggregate Lirnif is fhe rrtost we wili pay for the sum of:
a. Medica! expenses under Coverage C;
b. Damages under Caverage A, except damages because of "bodify inJury" or "property damage" inciuded in fhe
"producfs-completet! operatians hazard";
c. Damages ur�der Coverage B; anc!
d. Damages under Coverage W.
3. 'ihe Products-Completed Operations Aggregafe Limit is the most we wIU pay under Coverage A for damages
because af "bodily injury" and "prc�perEy darnage" inciuded in the "products-completed operations hazard" and
Coverage R. �
6. Subject to 5, above, fhe Damage to Prem�ses Rented to You l.imit is fhe mosf we will pay under Coverage A for
damages because af "praperty damage" to any ane premises, whfle rented to you, or in fhe case of damage by fire,
explosfo�, lightning, smoke resu[ting from such fire, expiosion, or lightning or sprinkler leakage wi�ile rented to you or
temporariiy occupied by you with permisslon of the owner.
The following are added:
8. Sub4ectto 5. above, $25,000 is #he most we will pay far Under Coverage W for tifltatef pamage Legal Liability.
9. Coverage R- Product Recal! Expense
Aggregate, Limit $50,000
Each Praducl Recall Limif $25,000
a. The Aggregafe Limit s�own above is the mosi we will pay Far the sum o� ali "produc# recatl expense" you 9ncur as
a result of al( "prociuct recalls" yau initiate during the �;ndorsernent periad.
b. The �ach Producf Recall Lirr�if shown above is the mos# we will pay, subject to ihe Aggregate and $9 ,000
cieductible, for "product cecall expense" you incur for a�y one "product recalf" you initiate during #he endorssmen#
period.
10. Aggregate Limits of Insurance {Per Location}
ihe �enera! Aggregate �imit applies separately #o each of your "locations" owned by or rented to you or temporarily
occ�pied by you with the permissian af the owner.
"Lacation" means premises involving the same or cQnnectir�g lots, or premises w�ose connection is inferrupted or�iy
by a street, roadway, waterway or rigitt-of-way of a railroad.
91. Aggregate [�imits of Insurance (Per Prajectj
The General Aggregate Limit applies separately to each of your projecis away frorn p�emises owned by or rented t�
you.
CG 79 �2 06 7'! Includes copyrighted maierial of tnsurance Services Office, lnc., with i#s perrnissian. Page 32 af 95
CG �9 52 06 91
92, Subject io 5. above, a$5,000 "occurrence" limit anc! a$90,000 "aggregate" limit is the most we wilf pay under
Coverage A for damages because of "property damage" covered und�r Voluntary Property Damage Coverage.
13. Subject to 5. above, a$25,000 "occurrence" #imit and a$70a,000 "aggregate" timit is the most w� witl pay under
Care, Custody and Control Caverage regardless �f the number of:
a. lnsureds;
b. Claims made or "suits" brought; ar
c. Persons or organizations making claims or bringing "suits"_
Deductible - O�r obligation to pay damages an yaur behaii applies only to the amauqt of d�mages in excess of
$54fl.
This deductible ap}�lies to all damages because af "property damage" as the result of any one "occurrence"
regardless of the number of persons or arganizations who sustain damages because of lhat "occurrence".
We may pay any part or all of the dedactible amount to effec! settlement of any claim or "suit" and upon
notification of ihe action iaken, you sfiall promptly reimburse us far such part af fhe deducfible amount as has
been paid by us.
As respects this coverage "Aggregate" is the maximum amount we will pay for a31 covered "occurrences" during
one palicy period.
SECTtON IV - CUMMERCIAL G�NERAL L1ABlLITY COldD1TIdI�S
Cvndition 2., Items a. a�d b. are ctefetecE and re�taced by the foQowmg:
2. Duties lrt The Event Of Occurrence, Offense, Ciairn Or Suit
a. You must see to it that we are naiified as soon as practicable of an "occurrence" ar an offense which may result
in a claim. Knowiedge ofi an "occurrenco" by your agent, secvar�f ar employee shall not in itself constitcate
knov,rledge of the named insured unless an officer ot the named insured has rece€ved such notice fram tl�e agent,
servant or emplayee. Ta the extent possible, natice should inelude:
{9 j How, when and where ihe "occurrQnce" tootc place;
{2) The names and addresses Qf any injured persons and witnesses, and
(3j The nature and Iacation of any it�jury or damage arising out of fhe "occurre�ce" or ofFense.
b. !f a c�aim is made or "suit" is broughi against any insured, you must:
(1} Immediaiely record fhs specifics of the c[aim or "suit" and the date received; and
(2} Notify us as soon as practicable.
You must see to it that we receive written noEice of the claim or "suit" as soon as practicable. Knowledge of a
claim or "suit" by your ageni, servartt or employee shall not in ifself constitute knowledge of the i�arnecf insured
unless an officer of the nameci insared has received such notice from the agen#, servant or employee.
Condiiian 2.c.(5) is adcfed:
(5) Upon our request, replace or repair the property covered under Votuntary �'roperty Qamage Coverage at your actual
� casf, excludir�g profit or overhead.
CG 71 52 06 99 Includes cop�rrighted rnatetial of Insurance Senrices Office, inc., with its permissian. Page 13 vf 15
�: 3 7 0�. �� i a x ����I�� I��l� ���II �t�) I��i� llll! �Il�I �I�I) ��II Itll
CG 71 52 06 11
Conditions 9Q., �1. and 92. are adcted:
10. B1anEcet Waiver Of Subrogation
V1te wai�e any right of recovery we may have againsi any person or organizafion beeause of payments we make for
injury or darnage arising out of: premises owned or occupied by or renfed or ioaned to you, ongoing aperafions
performed by you or on yoor behalf, done under a confract with that person or organization, "your work", or "your
producis�. We waive ihis right where you have agreed to do sa as part of a written cantrac#, executed by you before
the °bodity injury" or "proper�y ctamage" occurs or the "persanal injury" or "advertising injury" offense �s committed.
11. if a revisian to this Coverage Part, which would provide more coverage with no addiiional premium becomes
effective during the policy period in ihe state designafed for the �irst Named Insured shown in the Decla�ations, your
palicy will automatically provide th�s additional coverage on the effective dafe of fhe revision.
12. Based on our retiance on your representations as to existing hazards, ifi yvu unintentionally should fail to disciose aJi
such hazards at the inception date of your poiicy, we wii[ not deny coverage under this Coverage Pari because of
such failure. However, this provision does nof affect aur right to collect additional premium or exercPse our right of
cancellation or non-renewal.
The fallowing conditians are added in regard to Coverage R- Product Recall ��ense
In event of a"procluct recall", you must
1. See to it that we sre notified as soon as practicable of a"product recall". Ta the extent possible, notice should include
how, when and where the "product recali" took place and estimated "product recail expense".
2. Take ail reasonable steps to minirnize "product recall expense". This will not increase ths Iimits of i�sueance.
3. If requesfed, perrrtii us to question you under oath at s�uch tirnes as may be reasonably required about any matter
relating fo this insur�nce or your ciaim, includ9ng your booKs and records. Your answe�s tnust be signsd.
4. Permit us to inspeci and obiain other inforrrtaiion proving the loss. You must send us a signed, sworn statement of
loss coniaining the information we request to inves6gate the cEaim. You must do this within 6tl days after our request.
6, Cooperate with us En fhe investigation or settterr�ent of eny claim.
6. Assist us upon our request, in the enforcemeni of any rights agains# any person or organization which rnay be liable
to ynu because of loss ta which fhis insurance apglies.
SECTIOiV V - DEFiNITf011lS
A� Item 12, Mobi[e Equipment the word�ng af i.{1j is deleted and replaced by the foltowing:
f.(1) Equipmenf designed primarily for:
(a) 5naw removal;
(b} Road maintenance, but not construction or resurFacing; or
(c) Street cleaning;
except for such ve�ic[es ihat have a gross vehicle wefght less than 100Q Ibs which are not des'sgned for highway
use.
CG 71 52 06 91 Inaludes copyrighted materiaE of Insurance Services Offrce, Inc., with its permission. E'age 94 of 15
CG 79 52 06 1'1
The foilowing definitians are added for this endorsernent only:
3. Bodi(y Injury Redefined,
Under V- Definilions, definition 3. is deleted and replaced wlth the fol(owing:
3. "bod�ly injury" means physical injury, sicEcness or disease susiained by a person. This inciudes menfal anguis�,
menfal injury, shock, €right or death fhat resutts from sueh physical injury, siekness or disease.
23. "Elec#ronic data" m��ns informaiion, facfs or programs stored as or on, created or used on, or transmitted ta or
from corr�puter soffware, including systems and a�plications software, hard or ftoppy disks, CD-ROMS, fape drives,
celis, dafa processing devices or any other media which are used with elecfronically coniralled equipment.
24. "Product recall" rneans a wifhdrawal ar removaJ from fhe mar�Cet af "your product" based on the determination by
you or any reguEa#ory or govemmenEa! agency that:
(9� The use or consumption of "your product° Itas caused or will cause actual or atleged "badily injury" or °property
darnage' ; and
{2} Such determination requires you to recovsr possession or control of "yaur product" from any distributor,
p�rchaser or user, to repair ar replace "your product", byt only if "yaur produci" is unfit for use or cons�rmptiort, or
is hazardous as a result of:
(a) An err�r or omissivn by an ins�red in fhe des�g�, manufacturing, proaessing, (abeling, sforage, or
transpor�atiort of "your product"; or
�b} Actual or alleged intenfionai, maltciaus or wrongfu! alteration or contar�inafion of "yaur prociuct" by someone
ofherfhan you.
25. "Proctuct recafl expense"' means reasonable �ttd necessary expenses far:
(�t) Telephorte, radio and televislon communication and printed advertisemer�ts, including stationery, enveiapes and
postaga.
(2} Transparting recalted products from any purchaser, distributor or user, to locations designated by you.
(3j Remuneration paid to yaur empfayees for overfime, as welt as remuneration paid to additional empfoyees oi�
independent contractors yoa hire.
{4) Transportation and accornmodation expense incurred by your employees.
(5) Rer�tal expense incurred for ternporary iocations used to store recalled prodac#s_
(6) Expense incurred ta properJy dispose of recalled products, including packaging tf�at canRot be reused,
j7j Transportation exp�nses incurrect ta replace �ecafled products.
{8) Repairing, redistributing or replacing covereQ rec�lled producis wifh iiKe praducts or subsfitutes, nof to exceed
your original cost of manufacturing, processing, acquisifion andlo� distribution.
These expenses musf be incurred as a result of a"product recall". �
CG 79 62 06 �i �) Incfudes copyrighfed mate�ial of Insurance Services Office, lrrc., with its pertnission. Page 15 of 95
� 3 8 015 5 2 0 * � �1���� ��1�� 1��I� ��I�� �1��� ����� ����� ����� ��� �1��
ENDORSE�IiENT 853Z6434 SPEC END
(O(}QO)
- ABDI�IONAL YNSURED � OWItEEtS, L,ESSEES OE2 CONTRACTORS — COI�iPLE�ED OPERATTONS
CG 71 31 12—Og
SCHEDULE IS AMENAED TO Ft�AD AS FOLLQWS:
ADDI�IONAL ZI58URED PERSOi�T (S) Oit ORGAI�IIZATION (S)
ANY PERSOI3 flFt ORG2INZ�ATION TO W�IOM YOiT IIAVE ,AGREE�i TO NAi�fE �S ApI?I�ZONAL
IIVS'URED BY WRITTEN CONTRA�T OR AGREE1dEI3� IF `�HE CONTRAC� OFi AGREE1�fENT IS
EXECU'�ED PRI�R �O LOSS.
LOCATION AND DESCRIPTION OF COMPLE�ED OPEi2ATI0NS:
LOCA�IONS D�u�IGPIATED AND DESCRIBED IN THE ABOV� 1tit�NfiTaNED WT2ITTEN
CON`l'L�ACT Olc� AGREEMENT.
A!i other terrris, conciitions, iirnitat�ons and agreements af the poticy remain unchanged.
SPEC END
(0000)
* 5 9 4 Z 2 3 9 a � � ���1�� �t��� ��f�l 1���� ����� ����� �l��� ����� ��f� ����
I
i
�
(
i
CA 74 09 0'! 06
THIS ElVEIOFiS�IfIfENT CHANG�S 7E1E RO�.1CY. FI.�ASE READ IT CAREFULL.Y.
BUS1�fESS A►UT� U�TRA END�RSEIUIEN�'
This endorsemenl madEfles insui'ance provlded under the �o0owing:
BUSIN�SS AU7o CpVERAGE FORM
COV�RAGE fNp�X
t►escriptEon
TENfPORARY SUBSTITUTE AUTO PNYStCAi. DAMAG�
�ROAD FQRN! lNSUR�D
�MP�.4Y�ES AS i�lSUREDS
ADD1it4NAi. i�1SUi2ED STATUS BY CONif�AGT, AGFt��M�NT OR p�RMIT
Ail�i��VDED FE�LOW EMF�k�C}YEE E}CCLUSI4N
TOWING AND LAB{71�
PHYStCAL bAMAGE ADaI7iONA�. 7RANSPORTATION EXPEiVSE COVERAGE
EXTRA EXl�ENSE - THE�T
RENiAL. R�IMBURSEMENT AND ADDITiONAL TRANSPO�2TATION EXPENSE
PERS4NAL ����GTS COV�RAGE
AUDJO, VISUAL AND i1ATA E�.�GTRONtC E+QtJIPiIttENT COVERA�E
AIRBAG ACCTD�'NTAL. DfSCHARGE
AUT+� L4AN/L�ASE TUTAL l.QSS PRQTE�TION �{�pORS�ltII�NT
GLASS REPAIR -- DEDUCTI��.E AM�NDMENT
AMENDED DUTIES IN T�E� EVENT b� ACCRbENi', C�AIM, SUIT OR l.OSS
WAIVEl� OF SUBROGATION REQUIRED BY CpNTRACT
UNINTENTlONAL FAiLUR� TO D1S��.4SE �
H1REC}, LEASEC}, F2Ei1lTED QR BORROWE[7 AUTO PHYSICAL DAMAGE
�xTEND�D GANCELI�,TIUN C4NDiTtON
Page
2
�
2
2
3
3
3
�
�
4
4
�
5
5
5
5
6
The COVERAGE INDEX set torth above is ir�formatlonal dnEy and granis no covarage.
Terrr�s set forltt !n (Bvtd Haltcs} are IPkewise for lnfarmation only anc# by fhemselves shal! be deemad ia �rant no
cnverage.
A. TEOJII'�F2ARY SU�STfTUTE AUTfl PHYSICAL
DAMAGE
SE�i'!ON 1� CO1IER�D AUTOS, paragraph C. Certain
iraiters, Mobiie Equipmeni and Temparary
Substitute Auto� is amended by adding ihe #otlowtng ai
the end of ti�e exlsEing language:
B. BRQApENEi7 I�IABILETY COVERAa�s
S�CTION [I — t,IABILI"iY Ct3VERAG� in �'ai�agraptt A.
�overage ai 4. Vttho Is An �nsured �s ainended ta
lnclude the follov�ing:
{Braaai Form insured}
1f Physlcal EJarnage Goverage is prnv(ded under thls
Coverage fofm for at� "aEito" you own, th�e Physical
�amage aoverages provided for ti�at awned "aulo" ere
e�endet! ta any "auio" yau do nat own whiEe �sed wlth
the permission of its owner as a iemporary substituie for
the covared °auto° you own iha# is out of service
because of (ts breakdown, repair, serv�ci�g, "loss", or
desiructlan,
d. Any legalty incorporated subsidiary Irt wh�ch you
own more than S4% of the voting siock on the
eFfective daie of ihe Coverage �orm. However, the
Named Insured does nof includa any subsidlary li�at
is an °ir�sured" under any oihsr aufomobile policy or
wautd be an "insured" under sucf� a policy but
far ffs termfnatiort or the axhausfio� of Its �imit
af Insurance.
CA 71 09 09 06 Incfudes Copyrigi�Eed materiaE of Insurance Serv[ces office, lnc., w�th Its permisslon. Page 9 of G
CA 7't 0$ 01 06
e. Any arganizatfon that Is acquired oe formed by you,
during tho kerm of thls polPcy and over which you
mainialn majarlty ownership. �lawever, the i�amed
I�sc�rec# does not lnclude any newly formed or
acquired organizafian:
{1) i'ht�t !s a Joini vanfure or pa�ir�ershi�,
(2} Thal is �n "inst�red" under �hy ather policy,
{3� 7hat has exhausied iis Llmlt of Insurance under
any other po�Ecy, or
(�j '!80 days or inore after iis acquisitian or
formatlon by you, untass ya�� have given ��s
notice Qf the acquPsition or forma�iorr.
Coverage does not apply to "bodily injury° or
"praperiy t�ainage" thaf results from an accident tha!
occurred before you Pormed or acquirod the
organizafion.
C, AMEh[DED FELC.OW �NIPLQYEE E}tC�,USI�N
Oniy wifh respecf to yoar "employees" v,rho accupy
pos�tlons wi�Ecf� are su�enlisory In natu�e, s��CTlON fl.
l.IAB1LI7Y B. �xcfitsion 6. Fe!lo�u Emptoyee is
repiaced by;
5. �ellaw �mployee
"Bodtly (njary":
{a) Ta yoU, or yaur partners or rnem6ers {i� you
are a partr�ersh�p or �olnt venture), or ta your
rner►zbers (if yau are a 1lmited ifabli[ty
aornpanya;
jb} To your "executive Offfcers" and �directors (if
you are an or�anizaiion olheE- than a
parinership, joint ven€are, or fimifed flability
company) but otsty With eespeat to
performance af ihely dufies as your otffcers
or Qlrectors;
(E1npinye� as btsur'edsj
f. Any ernp(oyee of yours whAe acting !n ihe courss of
your busln�ss or yo�Er pstsvnai aFfa3rs whife using a
coverecf "�ufo" you do not awn� 3�ice or bortow.
�Addifionaf insured stetus by Cautract, Agreement
or Aermltj
g. Any person or vrganizatian wnom you are required
to add as an additio�tal insured on this poficy und�r
a vurltfen confract or agreement; but ihe wrlften
contract ar agreemar�E musE be:
t4� Currently !n effect or becoming effeotive tft�ring
if�e term of th�s �olic�; and
{2y �xecufed prior to fhe "bodily injury" or "property
damags".
The additional insz�rad status w1Jl appfy only w►t� �espec!
lo your IiabAity for "bpdily injury" or "property damage"
which may be itnpt�ted to ihat person(s} or
organi2allon(s} tilreotiy arising aut of ttia awnership,
rnaintenance or use of fhe covereQ "�utos' at the
locaiion(s} designated, �f any.
Co�erage pravided by this endorsemen! wll! nat exceed
the limits of liabiiity reyuired by ihe wriiien cantract or
wtiEt�n agreement even if the licnits af (la6ility siaied in
the poffcy exceed those EEmits. Thls endorsernent shail
not increase the limits stafed �n 5ection Il. C. Limiis of
InsurenCe.
For any cvvered "auto" yau own ihis Coverage Form
pravldes pr�mary caverage.
{c) For whlch tnere is an flbllgation 10 share
damages with or repay someone etse who
mast pay damages because of the injury
descrEbed In paragraph a and b above; or
{d� Arisl�tg oul of his or her providing or iailing
to provide prafesslonal heal#h care se�vices.
Far purposes of ihis eadorsetr��nt, a pasition (s deemed
to ba supervisory iri n�lure if that petson performs
principte work wttich Is substantlatly dlifereni iPom tha!
of his or tter subordlnates and has a��(horify io hl�e,
trans��r, dfrect, discipline or c�isoharge.
O. �FtoAD�N�� PHYstGf�! DAMAG� CovERACiES
SEC'f1QN IH -- PHYStCAL pAMJIG� CUVERAG�
Caverage is amsn�ed as foliows:
(7'C?WtlVG ANC? �,�BURj
2. T'awing and Labor
WQ wlii pay towtos and labar cosls incurred, up to the
limifs shawr� betow, eaeli ilme a covered "auto"
classiffed and rated as a prlvaEe passenger ty�e, "light
truck" or"medium fruck" is dis�biod:
�a) For private passenger type vehictes or "Ilght
irucks" we wllt pay �p to $7S per
dlsabfement. "E.Ight irucks" 3�ave a gross
veiticie weight (G1lW} of 10,004 pourttlS �r
less.
CA 7i 09 01 �6 �ncludes Copyrlgh[ed ma%rfa( a# lr�sura�ce Services Office, Inc., wifh iis pemtission. Page 2 ofi 6
���ozo��oR
i���ii �i��i �i��� ���� i�«� li��� i���� ����i ���i i���
. .
CA 79 09 QZ Q6
(bj �or `fiedium trucks" we wit! p�y up ta $�i50
per disabfernent. °lUtedlum trucks" have a
grass vehlcle wefght (GVW} of 14,001 lbs.
io 20,000 pounds,
Hnwever, !he fabor must be per�ormed at the place of
disabtement.
(PHYSlCAL. DAMRG� /aDblrl011tAL
TRANSFORTATION EXPENS� CUV�f2AG�j
4. Coverage �xtensions
a. 'FransporFatic�n Expense is amendad !a
provide the follawing limils:
We wlll pay up lo �50 per day io a maximum of
$9,OA0. All vihei� te�ms and provisions of t#�is
sectio� remain appllcable.
{EX7'RA �'XP�NSF - THL��7')
The fQllowfng language is added io 4. Gonerag�
Eistensions:
c. Theft Recovery Expense
If yau have purchased Cvmprehenslve
Coverage ort an "auto" thaf is stolen, we wl(I pay
the expenss af returning fhat siolen auto to yoLr.
The limft Foi' lhls cauorage extensi�n is $5,000.
{R�N7'AL REtMBURSEMENT
iRANSPOR7'A7'fC7lY EXP,ENSE}
d. Rental �teimburse�nent
AND ADDITIONA�.
We will provi�e Rental aeirnbursemeni and
Additional �xpense coverage onl�+ for those
fi�hysica( [}amage caverages for wY�ich a
premlum is shawn in the Dec[arations or
scttedule pages_ Coverage apptl�s only to a
cavered "a�ita" of the privat� passenger or light
truck (10,000 1bs. or tess gross vehic3e welghi}
type fo3• wi�ich Pl�yslcai Damage cover�ges
appiy.
(1) We will pay for auto rental expense and the
expense incurrQd �y you �sca�ise of "loss"
to remove and t�ansfer your rnatarials and
equiprnent frorr� a covered "auio" to a
covered "auto." Payment applies in ac3ditfon
to the oEtter�vEse applicable covarage you
have on a covered "auto." No deducti�le
applies to ii�is caverage,
{2) We wili pay oniy for expertsss Incurred
during the p�t�cy per�od and beginning 24
hours a€Eer ihe "loss" and ending, regardless
of the policy's exPiraiion, wlth the lesser o�
the followir�g �ambel- of days:
(ay fhe nurnbar flf days reasortably
re�uired io r�pair nr rep�ace the covered
"aato," (f "loss" is caused by the[�, this
number ot days Is addad lo the number
of days 9E t�Kes io locate ihe aovered
"auto" and retum if b you, 4r
jb� 30 days.
(3) Ottr payment Is (im1#ed f� the Iesser of tt�e
foliawing amounts:
(a) Nacessary and actaal expenses
incurred; or
{b} $35 perclay.
{c} This caverage does nof apply while
li�ere are spar� or rase�re "autos"
av�fla�fe to you ior your operattot�s.
(d} {t °toss" resutts From ihe total theft af a
covered "a�uEa" of ihe �Pivate passenger
or i�gn1 frr�ck iype, we w�ll pay upder this
coverage only fhat &rnount of your
rental reimburserr►eni expense v�hich
is not atready provided for under the
SECTION Ilt — PNYSICAL DAMAGE
COVEi2AC3E, A. Caverage, 4.
Caverage �xtsnsions, a.
Traris�ortation Expenses:
(P�'RSONRL .EFFFCTS COtfERAGE)
e, person.al �f%cis
If you have purchAsed Comprehenslve
Goverage on ihis poltcy for an "aula" yau awn
and ihat "aulo" is stolen, we wE!! �ay, wilhaut
appliCation af a cleduc4tbie, up io $500 for
Personal Effects stoten with ihe °aufon. ihe
insurance provided under (hls provision Ps
excess r�ver any ofher colleciible Insurance. For
this caverage exiertsion, Personal Effects
me�ns tartgible praperfy ti�ai is worn or carried
by an "insured". Parsana{ Eifects does noi
incSude tools, jewelry� guns, musica�
inst�umenis, money, or securitfes.
�
[
CA 71 09 �Q4 06 Inoludes Gopyrighted rnaferial of Insurance Servlces Offlce, Inc., with Its permission. Pa�e 3 af 6
CA 74 09 0'f 06
(AUAIO, V/SUAL ,�ihtU DATA LGLECrRONlC
;�Qu1PMENr coVERA�Ej
(Aelef%,� ofAudlo Vlsua! Equfpmenf ExcJc�slon j
f. Audl�, Visual and Daia Electrvr�ic
�quiprnent coverage.
We wi[I pay for '7ass" t� any elec(ronic
equfpment �hat receives nr irat�smits aud�o,
vlsual at clata signals and that is noi designsd
solely for ihe repraduciior� nf sound. This
covera�e applies only if the eq�dprnent is
permanenily InsEailed in a covered "auio" af fhe
lim2 of i�te "loss° or the equipm�»t is r�m�vRbla
from a housing unli whfch is perrnanenily
lnstalled in a aovered "auto" a# the llme of ihe
"ioss", and suc#� equipmant is desfgned to be
sole(p operated by use of tha go�er fi�om fhe
"auto's" elec[rical systetr�, In or upon the
ooverod "aulo,"
(4} Witt� respect to this coverage, the mQst we
wiif pay for aU "loss" o€ audlo, vis�a! or data
electronfc eqaipment and arty accessorles
used with ti�ls eqGiiprnent as � resuil of any
one "accident" Is the fesser Af;
(a} The actuat cast� vaiue of fhe damaged
or stale� prope�iy as ot the i[me of �l�e
`�ioss";
{b} The cosf of repaicing or repfactng the
damageoi or sfolen property with ather
prvpefty of ►ike kind and quatity; ar
$'f,00b; .
m(nus � deducifble o� $700.
An adjust,nent for ciepreciation and physfc�t
condltion w3ll be rnada in determining actual
cash va�ue at ihe ilme oi toss, ti a repair or
replacement resuEts fn betier than like kind
or quafity, w� wfl! not pay for thv amount of
ihe batterment.
{�f) We w)II pay wiih respec� !o a covered "aulo"
far "loss" to any accessories tised witit the
eleclronic eqqiprnent described abovo,
Ftawever, thls daes not include tapes,
records or discs,
t2} !n additfon to !he excluslons that appfy to
Physlcal Damage Goverage with �xceptfon
- af the excluston rela!!ng to audio, visuat and
daia elecironia equipment, the foilowing
exclusions also apply:
{3} We wil) rtQt pay far any elec(ronlc
equiprnenf or accessoEles used witt� such
electronic equipment fha! are;
(a} Necessary for the narma! operation of
fhe cavared "auto" for the rnonitoring of
ihe cflvered "auto's" nperating system;
or
(b) Both:
An irtfegral pa�i of €he same unit
housing any sound reproducfng
equipmont designed sotely far the
reproducing of sound ii 1he sound
reproducing equlpme�t is permanently
insiailed 1n the covered "auto'; and
Permanentty installed In the opening af
the dash or consofe rtor�natly used by
ttte manuFactuCer for the i�stallafion af a
r'adta.
If thel'e is other covarage provlcled far audlo,
visual and data efeclronlc equlpment, the
coverage pravided herefn is excess aver any
other collactihle insurance.
{�{lRBAG ACCIF�EIVTA� I�ISCf�ARG�J
D. S�CTl�N (il — PFtYSICAL �ANlA�� C01tERAGE,
B. Exclusions is �mended as foifaws;
The iollnwing ianguage !s added ta �acafusion 3.:
If yoa have purcnased Camprehensive or Colllston
Coverage under fhls paNcy, this exclusion does noE
appiy to mechanical breakdow� relattng to fhe
accldenta! disc�arge of an alr bag. 7h(s coverage
a�piies only ta a covered auto you own and Is
excess af any ather collecilbls Insurartce or wArtaniy.
iVo deduciible appJies io thfs coverage.
�. At1T0 LpAIV/LEASE "f'O?'AL L.OSS PROTECTIQ�!
SECTtON tfl � PHYsICAL DAMAG� C{}VEFiAGE -� C,
Limii �f lnsuranee 1s arnended by adding fha following
langusge:
4. tn tha event af a tot�t "loss" io a covered "auta"
shown In the Schadule pages, subJect a# #he tlme of
the "lass" io a ia�n or lease, we will paX any uttpaid
amaunt �iue on fhe lease o,• loa� far a covered
"auio" Iess:
CA 71 09 09 U6 Incl�Edes Capyr�c�hted material of Insurar�ce Services �ifice, Iqc., w�th its permissson. Pag� 4 of 6
��5ozo�oo�
I��EII I�I�I II�II ��l�l I�I(I l��lf II�(I C�III �ll� ��I�
GA 79 09 01 06
a. Tt�e amaunt paid imder ihe Pt�ysicat Ramage
Coverage Sect�on af the policy; and
b. Any:
{1} pverdue lease / foan paymer�Es at the �Ime
of ihe "loss";
(2j FEnanciai pena(tles Emposed under a iease
for excessive use, abnortnal wear and tear
ar high mileage;
(3} Securliy depos9ls no[ ret�rned by 1he iessor;
(4) Costs for extended warranties, Credit Llfe
lr�surance, Healih, Accldeni or Disabitify
fnsurance purchased w�lh ft�e loan or lease;
at�d
(fij Carry-over bal��ces from p►-eviaus Ioans or
teases,
�(G�ASS f2�PAIR — D�bUCTCBLE AME�!(JI511�NT}
C3nder n., Deductible Es �man�[ed by adding tne
f0E�4W�n�:
(a} Your rr►et�rtbers� man�gers or insurance
manager, if you are a limited liabilily
company; ar
(6) Your ofiflcfa�s, 1rusEees, board members or
Insurance managar, ff you are a
r�at-for�profit organtzatton.
G. WAIVER OF SUBROGA7lON REG2UIR�D BY
GONTftACT -
Under SECTfoi� IV, BUSIt��SS AL1T0
ColVDI`flONs, A. i.oss Conditions 5. 'irar�sfer
of Ri�h�s of Recavery Against 4thers to Us
tEte faUawing ianguage Is added:
However„ w� waive any c�ghts af recovery we mey
have aga4nst the person or arganlzalian with w�am
ynu have agreed it� �rrlEtng in a conEract, agreement
or �iermil, to provide Insurance sucfi� as is aEforded
urtder the palicy (o whlch ih(s er�dorsemenf Es
altachod, Th�s provislon daes nat apply unless #he
wtitten cantracl or written agreement has �ieen
exeautod, or parm;t has been issued, prior io the
"bodily tn}ury" nr "propefty damage,"
Any deductlbEe shown in 4he Dec�ara(fons as
appllcable fo Qhe covered "auto" will not apply #o
glass breakage it the damaged glass �s repaired,
rather than repfaced,
�. AN1�ND�� DU7i�S IN TH� EV�f�T OF
AGCIDE�fT� CLAIIVI, SUlT �F2 LgSS
Under S�CTION IV — BUS1N�58 AU'C� COND€TiONS�
Subseciiop A., l.ass Condit�ons, the foltowing fs
added to paragraph 2. Duties in ihe Eveni oi
Accident, Suit or Lass:
c�. Knowledge of any "accident,° "cla�m," °suil" ar
"toss" wf{i be dvemed knowledge by you whr�n
. noflce of such "acaident," "claim," "suif" or "bss"
has been receivec� iiy:
(9} Yau, if you are an indi�idual;
(2} Any parfnec or lnsucance manager if you are
� a pa�tnersriip;
{3) Aq executive ofFlcer or insur�nce manage�,
if you are a corporatlfln;
!i, UNINT�NTIOiVAI� F�AILUR� TO DESCLOSE
Under SECTION IV — �U3lIV�58 AU70
CONpi'�la�lS, Subsection B. General condiflans,
the following is a@ded [0 2, Concealment,
INf�rep�reser�tation Or �raud: -
YQur uninienktonal error m disciosing, ar ialling to
disclose, any maferiat f�tc# exlsting at ihe effective
dato af thts Covarage Fnrm, or during the poifcy
period 1n conneciton with any �dditiopa3 hazards, wit(
not prejudiee your rfghts under Ehis Coverage Forrn,
1. HII��Ll, L�AS�D, R�NI'ED OR BORROVf1ED
Ai1T0 Pl'i`i(SICAL DAIYIAC.�
Under S�CTt�N 1V -- RUSINESS AUTD CONDiTION5
B. Generat Condifians 6. Qiher Insurance
Paragraph 5.b. [s replaced by ihe foi(owing;
3�, j'f ) Far "Comprehensive" anci "Collision" Auto
F't�ysical Damag� pro�i�ed by this endorsement,
the following are deemed to be cover�d "autas"
yau awr�;
{a) Any Covered "auta" you fease, hire, rent or
borrow; and
CA 71 a9 01 06 inetudes Copyrighted rna#eri�f of Insprance Servlces dffice, fnc„ wikh its permission. F'ags � of 6
ca �� og a1 as
{bj Rny Coverec3 °auto" hlred or retlfed by yauC
"employee" under a contraci En ihat
lndividuaf "errtplvyee's" rtame, with your
p�rmissiQn, wttfte perfotming dullss �slafed
to [h� conducl af your buslness.
htowever, any "auln" ihat .is ieased, hirecf, rented or
borrowed with a driver Is not a covored "au(o"
(2} Llmlt of Irtsu�'ance F�or This Secllon
The most we wil! pay for any pne "Iass" is [t�e
losser af tlie #ollowing:
ta} $50,OOU per acetdent, �ar
(b} actual cash valire ai fhe iirne of Eoss, or
tcj cost of t'epair.
mini�s a$500 deduafible. t�n adJustrnent for
depreciatiot� and physica! cortciitlon wili be made
itt determinirlg actual c�sh value in the event oF
a total loss. No deductib[e appties to "loss"
caused by fire or li�htnPng_
{3j Th'rs Fllred Auto Physfcai �amage coverago is
excess over any oiher cailectibie Insurance.
(a) Detinftlons For Th�s Seciian
(a} Cornprehensive Cover�ge; �rom any cause
excepl the covered "auto's" coAisian wi#h
anoiher obJect or the covered "aut+a's"
ave�arrt. We wllf pay glass breattage, "loss"
caiased by hitttng a blyd or anima! at�d, "loss"
caussd by falling abJects o�' missiles.
tt�) Cotlis(on Coverage: Caused by the cavered
"auto's" colllsion witt� anofher obJect ar by
ihe Govered "auio's" overtum.
J. E}�T�NDED CANCELLATlt?N CONpITtC}N
A, under CANC��LA71oN, of the COMMoN P�LICY
COtVDITlO�fS forrr�, ifar� 2.b. Is �epiaced by the
foliowit�g;
b. 60 days beFore Ehe eifective daie of cancellaiion
!f we can�el for any ofher reason
CA i'I 09 09 06 fnciud�s �opyrighted maieriat oi insurance Services 4fiice, Inc„ witt� ifs permission. Fa�e S nf 6
�46010510*
�1�� ����� ����� ����� ����� ����� ����� ���E� ��1� ���I
�/� � t�vo�K��s� co�n��nssa�r�ont �rro ����ov��s
- ���.��'�/1��� LTABIL[TYlNSURANCE POLlGY
�� 1� 1
IttsuranceCotnpany �ll(C 42 Q3 04 A
TEXAS tNA1VER p� Ol1R R1GF#T TO RECOVER FRON! �THERS ENDORSEMENT
--- 7his endo�sement apglios only to the insurance providec! by the polEcy because Texas is shawn in Item 3.A. of ihe
Information Page_
We have Ehe r�ghl to recover our paymenfs frorrt anyone liable for an injury covered by this policy.lNe wifl not enforce our
right against the person or organizatlon named in ihe Schedule, but this waiver applies anly wi#h respect to bodily injury
arlsing aui of the operations descrlbed in the Schedule ruhere you are required by a written confract to obtaln fhts waiver
from us.
This endorsement sha11 not operate direcliy or indirecfiy to benefPt anyone not named in the Schedule.
7he premium for this endorsement is shown in the Schedute.
Schedule
4. ( ) Specific Waiver
iVame of person or organizatian
( X ) B1anEcei Waiver
Any person or organlzaifan for whom the iVamed lnsured has agreed by written canEract to iurnish ti�ls waiver.
2. Operatians: ALI. i'EXAS OPERAiIONs
3. Premium
The premium charge for this endorsoment shal� be . Uo percent of the premium developed on payroll in
- conneciian with work perFormed for the above person(s} or organization{s) arising oat of the operations described_
4. Advance Premium 1 NCI.UD�� , SEE 1�?FORMAT I ON !'AGE ,
This endorsement changes fhe policy ta which if is aitached effective on the i�cepfion ciate �f #he potiay unless a dif€erent date is indicaked below.
('fhe followEng "atFach[ng clause" need be completed only rihen ii�Is endorseme�i is Issued suf�sequent to preparatfan of ihe policy.)
This endorssment, effeclive on
at 92:0'E A.M. sfanctard fime, Forms a part of
PolicyNo. TSF—OUOi993570 20'I20812 oftheTexasMutaa[InsuranceCompany
Issued to W I L L I Aivt J SCHUC TZ f NC
DBA: C I RCLE C CONSTRUCT I ON COMPANY �ndorsernent iVo.
Premfum $ �� li/ r
�yL,_ !/�/
Author�zed Representafive
WC420304A (EQ. 9 •44-2QOOj
AGENi'S COPY QUSER 8—'i0-2012 '
1
2
3
4
5
6
7
8
9
l0
11
I2
13
14
IS
16
17
18
19
20
?�
??
00 61 25 - 1
CERTIFICATE OF INSURANCE
Page I of I
SECTION 00 61 25
CERTIFICATE OF INSURANCE
END OF SECTION
C17"Y OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 80 PART I
STANDARD CONSTRUCTION SPECIFICATION DOCUM�NTS City Project No. 01499
Revised July l, 2011
STANDARD GENER.AL CONDITIONS
OF THE CONSTRUCTION CONTRACT
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFiCATION DOCUMENTS
Revision: Dacember21,2012
STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
_ Page
Article l —Definitions and Terminology ..........................................................................................................1
1.01 Defined Terms ...............................................................................................................................1
1.02 Terminology ..................................................................................................................................6
Article2 — Preliminary Matters .........................................................................................................................7
2.01 Copies of Documents ....................................................................................................................7
- 2.02 Commencement of Contract Time; Notice to Proceed ................................................................ 7
2.03 Starting the Work ..........................................................................................................................8
2.04 Before Starting Construction ........................................................................................................8
2.05 Preconstruction Conference ..........................................................................................................8
2.06 Public Meeting ..............................................................................................................................8
2.07 Initial Acceptance of Schedules ....................................................................................................8
Article 3— Contract Documents: Intent, Amending, Reuse ............................................................................ 8
3 . O l I ntent ........ ...... .. ............. ...... ... .. ........... . . .... . . . .. ... .. .. ..... . .... ... ... .. . ..... . . .. ... .. ... . . . .... .... . . . . . .... ... .. .... . . ...... 8
3.02 Reference Standards ......................................................................................................................9
3.03 Reporting and Resolving Discrepancies .......................................................................................9
3.04 Amending and Supplementing Contract Documents .................................................................10
3.05 Reuse of Documents ...................................................................................................................10
3.06 Electronic Data ............................................................................................................................11
Article 4— Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions; Reference Points ...........................................................................................................11
4.01 Availability of Lands ..................................................................................................................11
4.02 Subsurface and Physical Conditions ..........................................................................................12
4.03 Differing Subsurface or Physical Conditions .............................................................................12
4.04 Underground Facilities ...............................................................................................................13
4.05 Reference Points .........................................................................................................................14
4.06 Hazardous Environmental Condition at Site ..............................................................................14
Article5— Bonds and Insurance .....................................................................................................................16
SA1 Licensed Sureties and Insurers ................................................................................................... I6
5.02 Performance, Payment, and Maintenance Bonds .....................................•--.............._................ l6
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
STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Decanber21,2012
6.02 Labor; Working Hours ................................................................................................................20
6.03 Services, Materials, and Equipment ........................................................................................... 20
6.04 Project Schedule ..........................................................................................................................21
6.05 Substitutes and "Or-Equals" ..........................••-..........................................................................21
6.06 Concerning Subcontractors, Suppliers, and Others ....................................................................24
6.07 Wage Rates .............................................................................................................................••...25
6.08 Patent Fees and Royalties ...........................................................................................................26
6.09 Permits and Utilities........-� ..........................................................................................................27
6.10 Laws and Regulations .................................................................................................................27
6.11 T�es ...........................................................................................................................................28
6.12 Use of Site and Other Areas .......................................................................................................28
6.13 Record Documents ......................................................................................................................29
6.14 Safety and Protection ..................................................................................................................29
6.15 Safety Representative.......-• .........................................................................................................30
6.16 Hazard Communication Programs .............................................................................................30
6.17 Emergencies and/or Rectification ...............................................................................................30
6.18 Submittals ....................................................................................................................................31
6.19 Continuing the Work ..................................................................•-...............................................32
6.20 Contractor's General Warranty and Guarantee ..........................................................................32
6.21 Indemnification .........................................................................................................................33
6.22 Delegation of Professional Design Services ..............................................................................34
6.23 Right to Audit ......................•--..._.........._......_...............................................................................34
6.24 Nondiscrimination .......................................................................................................................35
Article 7- Other Work at the Site..._.
7.01 Related Work at Site .....
7.02 Coordination ..................
........................................................................................................... 35
.................•---.........._......._................_.................................................. 35
........................................................................................................... 36
Article 8 - City's Responsibilities .................................................
8.O1 Communications to Contractor .................................
8_02 Furnish Data .........................•---------...................._.....
8.03 Pay When Due -----------------------------------•---..........._......
8.04 Lands and Easements; Reports and Tests .................
8 OS Change Orders
................................................................ 36
....................................
.....................................
.....................................
.......... .................... ......
.............................. 36
.............................. 36
.............................. 36
.............................. 36
.............. . ............... 3 6
.. ............................ 36
37
. .----•---• ...................................................................................
8.06 Inspections, Tests, and Approvals ..............................................................
8.07 Limitations on City's Responsibilities .....................
8.08 Undisclosed Hazardous Environmental Condition..
8.09 Compliance with Safety Program .............................
.................................................................
................................................................. 37
................................................................. 37
Article 9- City's Observation Status During Constructian ........................................................................... 37
9.01 City's Project Representative ...---••-• ..............•--••---...---.......__.._._.._................_._..........---�-�•---._.....3i
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
Revision: December21,2012
Article 10 - Changes in the Work; Claims; Extra Work ................................................................................38
10.01 Authorized Changes in the Work ...............................................................................................38
10.02 Unauthorized Changes in the Work ...........................................................................................39
10.03 Execution of Change Orders .......................................................................................................39
10.04 Extra Work ..................................................................................................................................39
I0.05 Notification to Surety ..................................................................................................................39
10.06 Contract Claims Process .............................................................................................................40
Article 11 - Cost of the Work; Allowances; Unit Price Wark; Plans Quantity Measurement ......................41
I1.41 Cost ofthe Work .........................................................................................................................41
11.02 Allowances ..................................................................................................................................43
11.03 Unit Price Work ..........................................................................................................................44
1 l.04 Plans Quantity Measurement ......................................................................................................45
Article i 2- Change of Contract Price; Change of Contract Time .................................................................46
12.01 Change of Contract Price ............................................................................................................46
] 2.02 Change of Contract Time ............................................................................................................47
12.03 Delays .......................................•--................................................................................................47
Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ......................48
13_O1 Notice of Defects ........................................................................................................................48
13.02 Access to Work ...........................................................................................................................48
13.03 Tests and Inspections ............................................................................................................•-....48
13.04 Uncovering Work ........................................................................................................................49
13.05 City May Stop the Work .............................................................................................................49
13.06 Correction or Removal of Defective Work ................................................................................ 50
l3.07 Correction Period ........................................................................................................................50
13.08 Acceptance of Defective Work ...................................................................................................51
13.09 City May Correct Defective Work .............................................................................................51
Article 14 - Payments to Contractor and Completion ....................................................................................52
14.01 Schedule of Values ......................................................................................................................52
14.02 Progress Payments ......................................................................................................................52
14.03 Contractor's Warranty of Title ................................................................................................... 54
14.04 Partial Utilization ........................................................................................................................55
14.05 Final Inspection ...........................................................................................................................55
14.06 Final Acceptance .........................................................................................................................55
14.07 Final Payment ............................................................................................................................. 56
14.08 FinaI Completion Delayed and Partial Retainage Release ........................................................ 56
l4.09 Waiver of Claims ........................................................................................................................57
Article I S- Suspension of Work and Termination ........................................................................................57
15.01 City May Suspend Work .............................................................................................................57
15.02 City May Terminate for Cause ...................................................................................................58
I5.03 City May Terminate For Convenience .......................................................................................60
Article16 - Dispute Resolution ..............................................................•---.........................................._.........61
16.01 Methods and Procedures .............................................................................................................6]
CITY OF FORT WORTH
STANDARDCONSTRUCTION SPECIFICAT[ON DOCUMENTS
Revision: Decanber21,2012
Article17—Miscellaneous ..............................................................................................................................62
17.01 Giving Notice ..............................................................................................................................62
17.02 Computation of Times ................................................................................................................62
1�.03 Cumulative Remedies ................................................••............................................................-••62
17.04 Survival ofObligations ...............................................................................................................63
17.05 Headings ......................................................................................................................................63
CITY OF FORT WORTH
STANDARD CONS7'RUC7ION SPEC[FICAT[ON DOCUMENTS
Revision: December21,20t2
007200-i
GENERAL CONDITIONS
Page i of 63
ARTICLE 1— DEFI1vITIONS 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 singuIar 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 definiiion 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. Addendc�—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. Ag�eement—The written instrument which is evidence of the agreement between City and
Contractor covering the Work.
3. Application,for Payment—The form acceptable to City which is to be used by Contractor
during the course of the Work in requesting progress or frnal payments and which is to be
accompanied by such supporting documentation as is required by the Contract Documents.
4. Asbestos—Any material that contains more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above cunent action levels established by the United
States Occupational Safety and Health Administration.
5. Award — Authorization by the City Council for the City to enter into an Agreement.
6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the
prices for the Work to be performed.
7. Biddet^—The individual or entity who submits a Bid directly to City.
8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents
(including alI Addenda).
9. Bidding RequiYenzents—The advertisement or Invitation to Bid, Instructions to Bidders, Bid
security of acceptable form, if any, and the Bid Form with any supplements.
10. Business Day — A business day is defined as a day that the City conducts normal business,
generally Monday through Friday, except for federal or state holidays observed by the City.
l I. Buzzsaw — City's on-iine, electronic document management and collaboration system.
I 2. CalendaY Day — A day consisting of 24 hours measured from midnight to the next midnight.
CITY OF FOR7' WOR7H
STANDARD CONSTRUC7TON SPECIFICATION DOCUMENTS
Revision: December21,2012
007200-1
GENERAL CONDITfONS
Page 2 of 63
13. Change Order A document, which is prepared and approved by the City, which is signed
by Contractor and City and authorizes an addition, deletion, or revision in the Work or an
adjushnent in the Contract Price or the Contract Time, issued on or after the Effective Date
of the Agreement.
14. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and
chartered under the Texas State Statutes, acting by its governing body through its City
Manager, his designee, or agents authorized under his behalf, each of which is required by
Charter to perform specific duiies with responsibility for final enfarcement of the contracts
involving the City of Fort Worth is by Charter vested in the City Manager and is the entity
with whom Contractor has entered into the Agreement and for whom the Work is to be
performed_
I 5. City AttoYney — The officially appointed City Attorney of the City of Fort Worth, Texas, ar
his duly authorized representative.
16. City Council - The duly elected and qualified governing body of the City of Fort Worth,
Texas.
17. City Manager — T'he officially appointed and authorized City Manager of the City of Fort
Worth, Texas, or his duly authorized representative.
18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of
Contract Price or Contract Time, or both, or other relief with respect to the terms of the
Contract. A demand for money or services by a third party is not a Contract Claim.
19. Contract—The entire and integrated written document between the City and Contractor
concerning the Work. The Contract contains the Agreement and all Contract Documents and
supersedes prior negotiations, representations, or agreements, whether written or oral_
20. Contract Docu�nents—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 drawin�s of subsurface and physical conditions are not Contract Documents.
21. Cof�tract 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 I 1.03 in the case of Unit Price Work).
22. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve
Milesiones, 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 1 l.Ol of these General Conditions for definition.
CI7Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Decanber21,2012
oo�zoo-�
GENERAL CONDITIONS
Page 3 of 63
25. Damage Claims — A demand for money or services arising from the Project or Site from a
third party, City or Coniractor exclusive of a Contract Claim.
26. Day or day — A day, unless otherwise defined, shall mean a Calendar Day.
27. Director of Aviation — The o�cially appointed Director of the Aviation Deparnnent of the
Cify of Fort Worth, Texas, or his duly appointed representative, assistant, or agents.
28. Director of Parks and Community Services — The officially appointed Director of the Parks
and Community Services Department of the City of Fort Worth, Texas, or his duly appointed
representative, assistant, or agents.
29. Director of Planning and Development — The officially appointed Director of the Planning
and Development Department of the City of Fort Worth, Texas, or his duly appointed
representative, assistant, or agents.
30. Director of Transportation I'ublic Works — The officially appointed Director of the
Transportation Public Works Departnnent of the City of Fort Worth, Texas, or his duly
appointed representative, assistant, or agents.
31. Director of Water Department — The officially appointed Director of the Water Department
of the City of Port Worth, Texas, or his duly appointed representative, assistant, or agents.
32. Drawings—That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be performed by
Contractor. Submittals are not Drawings as so defined.
33. Effective Date of the Agr•eement—The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated, it means the date on which the Agreement is signed
and delivered by the last of the two parties to sign and deliver.
34. Engineer The licensed professional engineer or engineering firm registered in the State of
Texas performing professional services for the City.
35. Extra Work — Additional work made necessary by changes or alterations of the Contract
Documents or of quantities or for other reasons for which no prices are provided in the
Contract Documents. Extra work shall be part of the Work.
36. Field Order — A written order issued by City which requires changes in the Work but which
does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer.
Field Orders are paid from Field Order Allowances incorporated into the Contract by funded
work type at the time of award.
37. F'inal 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 SPECIF[CATION DOCUMENTS
Revision: December21,2012
00�200-1
GENERAL CONDITIONS
Page 4 of 63
38. Final Inspection — Inspection carried out by the City to verify that the Contractor has
completed the Work, and each and every part or appurtenance thereof, fiz11y, entirely, and in
conformance with the Contract Documents.
39. General Requirements—Sections of Division 1 of the Contract Documents.
40. Hc�ardous 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 properiy exposed thereto.
41. Hazardous Was1e—Hazardous waste is defined as any solid waste iisted as hazardous or
possesses one or more hazardous characteristics as defined in the federal waste reguIations,
as amended from time to time.
42. Lativs and Regulations—Any and all applicable laws, rules, reguIations, 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 o,f A�vard—The written notice by City to the SuccessfuI Bidder stating that upon
timely compliance by the Successful Bidder with the conditions precedent listed therein, City
will sign and deliver the Agreement.
4'7. 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
Worlc 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, gasorine, kerosene, and
oil mixed with other nan-Hazardous Waste and crude oils.
50. Plans — See defnition of Drawings.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS
Revision: Decanber21,2012
007200-i
GENER.4L COND(TIONS
Page 5 of 63
51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with
the General Requirements, describing the sequence and duration of the activities comprising
the Contractor's plan to accomplish the Work within the Contract Time.
52. �'roject—The Work to be performed under the Contract Documents.
53. PYoject 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 I954 (42 USC Section 2011 et seq.) as amended from time to time.
56. Regular Working HouYs — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday
thru Friday (excluding legal holidays).
57. Samples Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and which establish the standards by which such
portion of the Work will be judged.
58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements to support scheduled perfoz-mance of related
construction activities.
59. Schedule o, f yalues—A schedule, prepared and maintained by Contractor, allocating portions
of the Contract Price to various portions of the Work and used as the basis for reviewing
Contractor's Applications far 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. Speczfications—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.
CFTY dF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Dec�nber21,2012
007200-I
GENERAL CONDITIONS
Page 6 of 63
63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for Contractor and submitted by
Contractor to illustrate some portion ofthe 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. Underg-Yound Facilities—All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachxnents, 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 ofthese Generai 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 Adjectzves:
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: December21,2012
007200- 1
GENERAL CONDITIONS
Page 7 of 63
1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as
directed" or terms of like effect or import to authorize an exercise of judgment by City. In
addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or
adjectives of like effect or import are used to describe an action or de�ermination 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 tneet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents; or
c. has been damaged prior to City's written acceptance.
D. Furnish, Install, PerfoYm, 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 incIuding alI necessary labor, materials, equipment,
and everything necessary to perform the Work indicated, unless specifically limited in the
context used.
E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known
technical or construction industry or trade meaning are used in the Contract Documents in
accordance with such recognized meaning.
ARTICLE 2 — PRELIMINARY MATTERS
2_O1 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 Conzmencement of Contract Time; Notice to P�oceed
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
STANDARQCONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Decanber21,2012
oo�zoo-�
GENERAL CONDITIONS
Page 8 of 63
2.03 Starting the Work
Contractor shall start to perform the Work on the date when the Contract Time commences to run.
No Work shall be done at the Site prior to the date on which the Contract Time commences to run.
2.04 BefoYe 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 PubZic Nfeeting
Cantractor 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 Scheduie 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 Coniract Documents. Any Iabor,
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 ��hether or not specifically called for, at no additional cost to
City.
C. Clarifications and interpretations of the Contract Documents sha11 be issued by City.
D_ The Specifications may vary in form, formai and style_ Some Specification sections may be
written in varying degrees of streamlined or declarative style and some sections may be
relatively narrative by comparison. Omission of such words and phrases as "the Contractor
shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined
sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions
may appear in various parts of a section or articles within a part depending on the format of the
CI'tY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: December23,2012
00 �z oo - �
GENERAL CONDITIONS
Page 9 of 63
section. The Contractor shall not tal�e 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. T'he Contractor shall not rely on
the cross referencing provided and shall be responsible to coordinate the entire Work under the
Contract Documents and provide a complete Project whether or not the cross referencing is
provided in each section or whether or not the cross referencing is complete.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and Regulations
l. Reference to standards, specifications, manuals, or codes of any technical society,
organization, or association, or to Laws or Regulations, whether such reference be specific or
by implication, shall mean the standard, specification, manual, code, or Laws or Regulations
in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there
were no Bids), except as may be otherwise specifically stated in the Contract Documents.
2. No provision of any such standard, specification, manual, or code, or any instxuction 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 Ciiy, or any of its
officers, directors, members, partners, employees, agents, consultants, or subcontractors, any
duty or authority to supervise or direct the performance of the Work or any duty or authority
to undertake responsibility inconsistent with the provisions ofthe Contract Documents.
3.03 Reporting and Resolving Discre�ancies
A. Reporting Discrepancies.•
1_ ContYacto�^'s Review of Contract Documents Before Starting Work: Before undertaking each
part of the Work, Contractor shall carefully study and compare the Contract Documents and
check and verify pertinent figures therein against all applicabie field measurements and
conditions. Contractor shall pramptly 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 Contract Documents During Performance of Work: If, during the
performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy
within the Contract Documents, or between the Contract Documents and (a) any applicable
Law or Regulation ,(b) any standard, specification, manual, or code, or (c) any instruction of
any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not
proceed with the Work affected thereby (except rn an emergency as required by Paragraph
CITY OF FORT WOR7H
STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Decernber21,2012
00�2oo-i
GENERA� CONDITIONS
Page 10 of b3
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. Coniractor 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:
I. Except as may be otherwise specifically stated in the Contract Documents, the provisions of
the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or
discrepancy between the provisions of the Contract Documents and the provisions of any
standard, specification, manual, or the instruction of any Supplier (whether or not specifically
incorporated by reference in the Contract Documents).
2. In case of discrepancies, f gured 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 Pians shall govern over those shown in the
proposal.
3.04 Amending and Supplementing Contract Docuynents
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:
l . 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 Suppiier shall not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereo� prepared by or bearing the seal of Engineer,
including electronic media editions; or
2_ reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of
the Project or any other project without written consent of City and specific written
verification or adaptation by Engineer.
CITY OE FQRT WORTH
STANDARDCONSTRUCTfON SPECIFICATION DOCUMENTS
Revision: Dece�nber21,2012
00 �2 00 - i
GENERAL CONDITIONS
Page 11 of 63
B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract
Documents for record purposes.
3.06 Electronic Data
A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer
to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the
printed copies included in the Contract Documents (also known as hard copies) and other
Specifications referenced and located on the City's Buzzsaw site. Files in electronic media
format of tea�t, 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 elecironic media format, the transferring party makes no
represeniations as to long term compatibility, usability, or readability of documents resulting
from the use of software appiication packages, operating systems, or computer hardware
differing from those used by the data's creator.
A.RTICLE 4— AVAILABILITY OF LANDS; SUSSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS
4.01 Availability ofLands
A. City shall fumish 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 nnanner and pay for easements for
permanent structures or permanent changes in existing facilities.
1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or
easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in
accordance with the schedule set forth in the Supplementary Conditions. The Project
Schedule submitted by the Contractor in accordance with the Contract Documents must
consider any outstanding right-of-way, and/or easements.
2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site.
Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance
with the schedule set forth in the Supplementary Conditions_ The Project Schedule submitted
by the Contractor in accordance with the Contract Documents must consider any outstanding
utilities or obstructions to be removed, adjusted, and/or relocated by others.
B. Upon reasonable written request, City shall furnish Contractor with a current statement of record
legal title and legal description of the lands upon which the Work is to be performed.
CITY OF FORT WORTH
STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Decanber21,2012
007200-1
�ENERAL CONDITIONS
Page 12 of 63
C. Contractor shall provide for all additional lands and access thereto that may be required for
construction facilities or storage of materials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary Conditions identify:
1. those reports known to City of explorations and tests of subsurface conditions at or
contiguous to the Site; and
2. those drawings known to City of physical conditions relating to existing surface or
subsurface structures at the Site (except Underground Facilities}.
B. Limited Reliance by Contr�actor on Technical Data Autho�ized: Cantractor 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 "technicaI data" is identified in the Supplementary
Conditions. Contractor may not make any Coniract Claim against City, or any of their officers,
directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
l. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences, and procedures of
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 D�ering Subsur, f'ace 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 materiaily from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract
Documents;
CITY OF FORT WORTH
STANDARDCONSTRUCTION SPECIF[CAlION DOCUMEAITS
Revision: December21,2012
00 72 00 - I
GENERAL CONDITI�NS
Page l 3 of 63
then Contractor shall, promptly after becoming aware thereof and before iurther disturbing the
subsurface or physical conditions or performing any Work in connection therewith (except in an
emergency as required by Paragraph 6.17.A), notify City in writing about such condition.
B. Possible Price and Time Adjustments
Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if:
1. Contractor knew of the existence of such conditions at the time Contractor made a final
commitment to City with respect to Contract Price and Contract Time by the submission of a
Bid or becoming bound under a negotiated contract; or
2. the existence of such conditian could reasonably have been discovered or revealed as a result
of the examination of the Contract Documents or the Site; or
3. Contractor failed to give the written notice as required by Paragraph 4.03.A.
4.04 Underground Facilities
A. Shown or Indicated.• The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the Site is based on
information and data furnished to City or Engineer by the owners of such Underground
Facilities, including City, or by others. Unless it is otherwise expressly provided in the
Supplementary Conditions:
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 FaciIities and repairing any damage
thereto resulting from the Work.
B. Not Shown or Indicated:
1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or
contiguous to the Site which was not shown or indicated, or not shown or indicated with
reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming
aware thereof and before further disturbing conditions affected thereby or performing any
CITY OF FORT WORTH
STANDARDCONSTRUCTION SPECIFICAT'ION DOCUMENTS
Revision: December21,2012
oo�zoo-�
GENERAL CONDITIONS
Page l4 of 63
Work in connection therewith (except in an emergency as required by Paragraph 6.17.A),
identify #he owner of such Underground Facility and give notice to that owner and to City.
City wiIl 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 shali 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 inciuding exploratory
excavation ifnecessary.
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 shaIl
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 �Iazardous Environmental Condition at Site
A. Reports and DYcnvings: 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 ContractoY on Technical Data Authorized: Contractor may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Contractor may not make any Contract Claim against City, or any of their officers,
directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences and procedures of
CITY OF FORT WORTH
STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Decanber21.2012
007200-1
GENERAL CONDITIONS
Page ] 5 of 63
construction to be employed by Contractor and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such
other data, interpretations, opinions or information.
C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or
revealed at the Site which was not shown or indicated in Drawings or Specifications or identified
in the Contract Documents to be within the scope of the Work. Contractor shall be responsible
for a Hazardous Environmental Condition created with any materials brought to the Site by
Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.
D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor sha11
immediately: (i) secure or otherwise isolate such condition; (ii) stop ai1 Work in connection with
such condition and in any area affected thereby (except in an emergency as required by
Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing).
City may consider the necessity to retain a qualified expert to evaluate such condition or take
corrective action, if any.
E. Contractor shall not be required to resume Work in connection with such condition or in any
affected area until after City has obtained any required permits related thereto and delivered
written notice to Contractor: (i) specifying that such condition and any affected area is or has
been rendered suitable for the resumption of Work; or (ii) specifying any special conditians
under which such Work may be resumed.
F. If after receipt of such written notice Contractor does not agree to resume such Work based on a
reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then City may order the portion of the Work that is in the area affected by such
condition to be deIeted from the Work. City may have such deleted portion of the Work
performed by City's own forces or others.
G. To the fullest extent perrrzitted by Laws and Regulations, Contractor shall indemnify and hold
harmless City, from and against all claims, costs, losses, and damrxges (including but not limited
to ald fees and charges of engineers, architects, attorneys, and other professionals and all couYt
ar arbitration or other dispute resolution costs) crrising out o,f' or relating to a Hazardous
Environmental Condition created by Contractor oY by anyone for whom Contractor is
responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemn� any
individual or entity from and against the co�sequences of that individual's or entity's own
negligence.
H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: December21,2012
00 �2 00 - �
GENERAL CONDITIONS
Page 16 of 63
ARTICLE 5— BONDS AND INSURANCE
5.01 Licensed Sureties and Insurers
Alt bonds and insurance required by the Contract Documents to be purchased and maintained by
Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized
in the State of Texas to issue bonds or insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such additional requirements and qualifications
as may be provided in the Supplementary Conditions.
5.02 Performance, Payment, and Maintenance Bonds
A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government
Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as
security for the faithful performance and payment of aIl of Contractor's obligations under the
Contract Documents.
B. Coniractor shall furnish maintenance bonds in an amaunt 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 bands 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. Deparcment 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 ar
its right to do business is terminated in the Sta.te of Texas or it ceases to meet the requirements of
Paragraph 5.02.C, Contractor shaIl promptly notify City and shalI, within 30 days after the event
giving rise to such notification, provide another bond and surety, both of which shali comply
with the requirements of Paragraphs 5.01 and 5.02.C.
5.03 Certificates of Insurance
Contractor shall deliver to City, with copies to each additional insured and loss payee identified in
the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested
by City or any other additional insured) which Contractor is required to purchase and maintain.
1. The certificate of insurance shall document the City, and aIl identified entities named in the
Supplementary Conditions as"Additional Insured" an ali liability policies_
CITY OF FORT WORTH
STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS
Rev i s i on: Ikcanber 21. 2012
00�200-�
GENERAL CONDITIONS
Page 17 of 63
2. The Contractor's general liability insurance shall include a, "per project" or "per location",
endorsement, which shall be identified in the certificate of insurance provided to the Ciry.
3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the
insured, be complete in its entirety, and show compiete insurance carrier names as listed in
the current A.M. Best Property & Casualty Guide
4. T'he insurers for all policies must be licensed and/or approved to do business in the State of
Texas. Except for workers' compensation, all insurers must have a minimum rating of A-:
VII in the current A. M. Best Key Rating Guide or have reasonably equivaient financial
strength and solvency to the satisfaction of Risk Management. If the rating is below that
required, written approval of City is required.
5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor
of the City. In addition, the Contractor agrees to waive all rights of subrogation against the
Engineer (if applicable), and each additional insured identified in the Supplementary
Conditions
6. Failure of the City to demand such certificates or other evidence of full compliance with the
insurance requirennents 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 fo1]ow 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 Pinal
Acceptance provided under the Contract Documents or for the warranty period, whichever is
longer. An annual certificate of insurance submitted to the City shall evidence such
insurance coverage.
9. Policies shall have no exclusions by endorsements, which, neither nUllify or amend, the
required lines of coverage, nor decrease the limits of said coverage unless such endorsements
are approved in writing by the City. In the event a Contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the contractor/engineer to obtain such coverage, the contract
price shall be adjusted by the cost of the premium for such additional coverage plus 10%.
10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance
coverage shall be approved by the City in regards to asset va(ue and stocicholders' equity. In
CITY OF F�RT WORTH
STANDARD CONSTRUCTiON SPECIFICATION DOCUMENTS
Revision: December2(,2012
00 �2 00 -1
GENERAL CONDITIONS
Page I 8 of 63
lieu of traditional insurance, alternative coverage maintained through insurance pools or risk
retention groups, must also be approved by City.
11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a
first-dollar basis, must be acceptable to and approved by the City.
12. City, at its sole discretion, reserves the right to review the insurance requirements and to
make reasonable adjustments to insurance coverage's and their limits when deemed
necessary and prudent by the City based upon changes in statutory law, court decision or the
claims history of the industry as well as of the contracting party to the City. The City shall
be required to provide prior notice of 90 days, and the insurance adjustments shall be
incorporated into the Work by Change Order.
13. City shall be entitled, upon written request and without expense, to receive copies of policies
and endorsements thereto and may make any reasonable requests for deletion or revision or
modifications of particular policy terms, conditions, limitations, or exclusions necessary to
conform the policy and endorsements to the requirements of the Contract. Deletions,
revisions, or modifications shall not be required where policy provisions are established by
law or regulations binding upon either party or the underwriter on any such policies.
14. City shall not be responsible for the direct payment of insurance premium costs for
Contractor's insurance_
5.04 Contractor's Insurance
A. Workers Compensation and EmployeYs' Liability. Contractor shall purchase and maintain such
insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers'
Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for
Employers' Liability as is appropriate for the Work being perFormed and as will provide
protection from claims set forth below which may arise out of or result from Contractor's
performance of the Work and Contractor's other obligations under the Contract Documents,
whether it is to be performed by Contractor, any Subcontractor or Suppiier, or by anyone directly
or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts
any ofthem may be liable:
1. claims under workers' compensation, disability benefits, and other similar employee benefit
acts;
2. claims far damages because of bodily injury, occupational sickness or disease, or death of
Contractor's employees.
B. Commercial GeneYal Liability. Coverage shall include but not be limited to covering liability
(bodily injury or properiy damage) arising from: premises/operations, independent contractors,
products/completed operations, personal injury, and liability under an insured contract. Insurance
shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services
Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision_ December21,2012
oonoo-�
GENERAL CONDITIONS
Page 19 of 63
insurance or self-insurance programs afforded to the City. The Commercial General Liability
policy, shall have no exclusions by endorsements that would alter of nullify preznises/operations,
products/completed operations, coniractual, personal injury, or advertising injury, which are
normally contained with the policy, unless the City approves such exclusions in writing.
__ For construction projects that present a substantial completed operation exposure, the City may
require the contractor to maintain completed operations coverage for a minimum of no less than
three (3) years following the completion of the project (if identified in the Supplementary
Conditions).
C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto",
defined as autos owned, hired and non-owned and provide indemnity for claims for damages
because bodily injury or death of any person and or property damage arising out of the work,
maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone
for whose acts any of them may be liable.
D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of
railroad right-of-way, the Contractor sha11 compiy 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 untii replacement insurance has
been procured. There shall be no time credit for days not worked pursuant to this section.
5.05 .4cceptance ofBonds and Insurance; Option to Replace
If City has any objection to the coverage afforded by or other provisions of the bonds or insurance
required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing
within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor
shall provide to the City such additional information in respect of insurance provided as the City may
reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance
required by the Contract Documents, the City shall notify the Contractor in writing of such failure
prior to the start of the Work, or of such failure to maintain prior to any change in the required
coverage.
ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES
6.O1 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may he 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 WORTEI
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: L�cernber21,2012
oo�zoo-�
GENERAL CONDITIONS
Page 20 of 63
B. At all times during the progress of the Work, Contractor shall assign a competent, English-
speaking, Superintendent who shall not be replaced without written notice to City. The
Superintendent will be Contractor's representative at the Site and shall have authority to act on
behalf of Contractor. All communication given to or received from the Superintendent shall be
binding on Contractor.
C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of
construction.
6.02 Labor; Working Hours
A. Contractor shall provide competent, suitably qualified personnel to perform construction as
required by the Contract Documents. Contractor shall at a11 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 sha11 be performed during Regular Working Hours. Contractor wiIl not permit the
performance of Work beyond Regular Working Hours or for Weekend Working Hours without
City's written consent (which wiil not be unreasonably withheld). Written request (by letter or
electronic communication) to perform Work:
l_ 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 Sey-vices, Mate�-ials, 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, teiephone, 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 rr►aterials 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
STANDARDCONSTRUCTION SPECIFICATfON DOCUMENTS
Revision: Decanber21,2012
007200-I
GENERAL CONDITIONS
Page 21 of 63
C. All materials and equipment ta be incorporated into the Work shall be stored, applied, installed,
connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of
the applicable Supplier, except as otherwise may be provided in the Contract Documents.
D. All items of standard equipment to be incorporated into the Work shall be the latest model at the
time of bid, unless otherwise specified.
6.04 P�oject Schedule
A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07
and the General Requirements as it may be adjusted 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 adjustrnents in the Project Scheduie that will not result
in changing the Contract Time. Such adjustments will comply with any provisions of the
General Requirements applicable thereto.
2. Contractor shali submit to City a monthly Project Schedule with a monthly progess 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 ArticIe 12. Adjustments in Contract Time
may only be made by a Change Order.
6.05 Substitutes and "Or-Equals"
A. Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function, appearance, and quality required. Unless
the specification or description contains or is followed by words reading that no like, equivalent,
or "or-equal" item or no substitution is permitted, other items of material or equipment of other
Suppliers may be submitted to City for review under the circumstances described below.
1. "Or-Equal " ltems: 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, 'rn 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.I, 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
STANDARDCONSTRUCTION SPEC[FICATION DOCUMENTS
Revision: December21,2012
00 �2 00 - �
GENERAL CONDITIONS
Page 22 of 63
2) it wilI 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 wilt 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 O1 25 00 and:
l) shall certify that the proposed subsiitute item will:
a) perform adequately the functians and achieve the results called for by the generai
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;
CI'IY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: December21,2012
00 �z oo - �
GENERAL CONDITIONS
Page 23 of 63
c) whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty; and
3) will identify:
a) all variations of the proposed substitute item from that specified;
b) available engineering, sales, maintenance, repair, and replacement services; and
4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and Damage
Claims of other contractors affected by any resulting change.
B. Substitute Construction Methods or Procedures: If a specific means, method, technique,
sequence, or procedure of construction is expressly required by the Contract Documents,
Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure
of construction approved by City. Contractor shall submit sufficient information to allow City, in
City's sole discretion, to determine that the substitute proposed is equivalent to that expressly
called for by the Contract Documents. Contractor shall make written application to City for
review in the same manner as those provided in Paragraph 6.OS.A.2.
C. City's Evaluation: Ciiy 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 wili advise Contractor in writing of its determination.
D. Special Gzcarantee: City may require Contractor to furnish at Contractor's expense a special
performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall
indemnify and hold harmless City and anyone directly or indirectly employed by them from and
against any and all claims, darnages, losses and expenses (including attorneys fees) a�•ising out
- of the use of substituted materials or equipment.
E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or
submitted by Contractor pursuant to Paragraphs 6.OS.A2 and 6.05.B. Whether or not City
approves a substitute so proposed or submitted by Contractor, Contractor may be required to
reimburse City for evaluating each such proposed substitute. Contractor may also be required to
reimburse City for the charges for making changes in the Contract Documents (or in the
provisions of any other direct contract with City) resulting from the acceptance of each proposed
substitute.
F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or
"or-equal" at Contractor's expense.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICA'ITON DOCUMENTS
Revision: Decanber21,2012
00 �� oo -1
GENERAL CONDITIONS
Page 24 of 63
G. City Substitute Reirnbursement: Costs (savings or charges) attributable to acceptance of a
substitute shall be incorporated to the Contract by Change Order.
H. Time F�tensions: No additional time will be granted for substitutions.
6_06 Concerning Subcontractors, Suppliers, and Others
A_ Contractor shall perform with his own organization, work of a value not less than 35% of the
value embraced on the Contract, unless otherv✓ise 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 wiIl provide such requirements in the Supplementary
Conditions_
D. Minority Business Enterp�ise Compliance: It is City policy to ensure the full and equitable
participation by Minority Business Enterprises (MBE) in the procurement of goods and services
on a contractual basis. If the Contract Documents provide for a MBE goal, Contractor is required
to comply with the intent of the City's MBE Ordinance (as amended) by the following:
l. Contractor shall, upon request by City, provide complete and accurate information regarding
actual work performed by a MBE on the Contract and payment therefor.
2. Contractor will not make additions, deletions, or substitutions of accepted MBE without
written consent of the City. Any unjustified change or deletion shall be a material breach of
Contract and may result in debarment in accordance with the procedures outlined in the
Ordinance.
3. Contractor shall, upon request by City, allow an audit and/or examination of any books,
records, ar files in the possession of the Contractor that will substantiate the actuat work
performed by an MBE. Material misrepresentation of any nature will be grounds for
termination of the Contract in accordance with Param-aph 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 responsibie to City for all acts and omissions of the Subcontractors,
Suppiiers, and other individuals or entities performing or furnishing any of the Work just as
Contractor is responsibie for Contractor's own acts and omissions. Nothing in the Contract
Documents:
CITY OF FORT WORTH
STANDARDCONSTRUCT(ON SPECIFICA110N DOCUMENTS
Revision: Decer�ber2l, 20 f 2
007200-1
GENERAL CONDITIONS
Page 25 of 63
I. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity
any contractual relationship between City and any such Subcontractor, Supplier or other
individual or entity; nor
2. shall create any obligation on the part of City to pay or to see to the payment of any moneys
due any such Subcontractor, Suppiier, or other individual or entity except as may otherwise
be required by Laws and Regulations.
F. Contractor shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Work under a direct or indirect contract with Contractor.
G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any
of the Work shall communicate with City through Contractor.
H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontracior or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract
Documents for the benefit of City.
6.07 Wage Rates
A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of
Chapter 2258, Texas Govemment Code (as amended), including the payment of not less than the
rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in
accordance with Chapter 2258. Such prevailing wage rates are included in these Contract
Documents.
B. Penalty.for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage
shall, upon demand made by the City, pay to the City $60 for each worker employed for each
calendar day or part of the day that the worker is paid less than the prevailing wage rates
stipulated in these contract documents. This penalty shall be retained by the City to offset its
administrative costs, pursuant to Texas Government Code 2258.023.
C. Complaints of Violations and City DeteYmination of Good Cause. On receipt of information,
including a complaint by a worker, concerning an alleged violation of 2258.023, Texas
Government Code, by a Contractor or Subcontractor, the City shall make an initial
determination, before the 31st day after the date the City receives the information, as to whether
good cause exists to believe that the violation occurred. The City shall notify in writing the
Contractor or Subcontractor and any affected worker of its ipitial determination. Upon the City's
determination that there is good cause to believe the Contractor or Subcontractor has violated
Chapter 2258, the City shaii retain the full amounts clazmed 6y the claimant or claimants as the
difference between wages paid and wages due under the prevailing wage rates, such amounts
being subtracted from successive progress payments pending a final determination of the
violation.
CITY OF FORT WORTH
STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Decanber21,2012
0072QO-1
GENERAL CONDITIONS
Page 26 of 63
D. Arbitration Required zf Violation Not Resolved An issue relating to an alleged violation of
Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected
worker, shall be submitted to binding arbitration in accordance with the Texas General
Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any
affected worker does not resolve the issue by agreement before the 15th day a$er the date the
City makes its initial determination pursuant to Paragrapn 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 sha11 appoint an arbitrator on the petition of any of the
persons. The City is not a party in the arbitration. The decision and award of the arbitrator is
final and binding on all parties and may be enforced in any court of competent jurisdiction.
E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3)
years following the date of acceptance of the work, maintain records that show (i) the name and
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, shatl pertain to this inspectian.
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. SubcontractoY 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 ticense fee or royalty to others, the
existence of such rights shali 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 peYmitted by Laws and Reb Zations, Cont3-actor shall inderrrnify and hold
harn7less City, fi-om and against all claims, costs, losses, and damages (including but not limited
to all, fees and charges of engineers, architects, attorneys, and other professionals anc� all court
or arbitYation or other dispute resolution costs) arising out of or relating to arry infi•ingement of
patent rights or copyrights incident to the use in the performance of the Work or reszrlting fi•om
CITY OF FORT WORTH
STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Decanb�21,2012
00 �z oo - i
GENERAL CONDITIONS
Page 27 of 63
the incorporation in the Work o,f'any invention, design, process, product, or device not specifzed
in the Contract Documents.
6.09 Permits and Utilities
A. Contt�actor obtained permits and licenses. Contractor shall obtain and pay for all construction
permits and licenses except those provided for in the Supplementary Conditions or Contract
Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses.
Contractor shall pay all governmental charges and inspection fees necessary for the prosecution
of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B.
City sha11 pay a11 charges of utility owners for connections for providing permanent service to the
Work.
B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as
provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's
responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the
Contract and the City approves the changes, the Contractor is responsible for obtaining
clearances and coordinating with the appropriate regulatory agency. The City will not reimburse
the Contractor for any cost associated with these requirements of any City acquired permit. The
following are permits the City will obtain if reguired:
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 ]icenses 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 Reo lations
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.
S. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or
Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not
Iimited to all fees and charges of engineers, architects, attorneys, and other professionals and all
CITY OF FORT WORTH
_ STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Decanber21,2012
007200-I
GENERAL CONDITIONS
Page 28 of 63
court or arbitraiion or other dispute resolution costs) arising out of or relating to such Work.
However, it shall not be Contractor's responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of
Contractor's obligations under Paragraph 3.02.
C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on
the cost or time of performance of the Work may be the subject of an adjustment in Contract
Price or Contract Time.
6.11 Taxes
A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to
Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may
purchase, rent or lease all materials, supplies and equipment used or consumed in the
performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax,
said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption
certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the
provision of State Comptroller's Ruling .011, and any other applicable ralings pertaining io the
Texas Tax Code, Subchapter H.
B_ Texas T� permits and information may he obtained from:
1. Comptroller af Public Accounts
Sales Tax Division
Capitol Station
Austin, TX 78711; or
2. http://www.window_state.ix.us/taxinfo/taYforms/93-forms.html
6.12 Use of Site and Other Areas
A. Limitation on Use ofSite and OtherAreas:
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 Iand or area, or to the owner or occupant thereof, or of any adjacent land or ai-eas
resulting from the performance of the Work.
2. At any time when, in the judgment of the Ci#y, the Contractor has obstructed or closed or is
carrying on operations in a portio
necessary for proper execution of th
section on which operations are in
area of the Site.
n of a street, right-of-way, or easement greater than is
e Work, the City may require the Contractor to finish the
progress before work is commenced on any additional
CITY OF FORT WORTH
STANDARDCONSTRUCT[ON SPECIFICATION DOCUMENTS
Revision: December21,2012
oo�zoo-i
GENERAL CONDITIONS
Page 29 of 63
3. Should any Damage Claim be made by any such owner or occupant because of the
performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim.
4. Pursuant to Paragraph 6.21, Cont�actor shall indemn� and hold harmless City, from and
against all claims, costs, losses, and damages arising out of or relating to any claim or
action, legal or equitable, brought by any such owner or occupant against City.
B. Removal of Debris During Performance of the Work: During the progress of the Work
Contractor shall keep the Site and other areas free from accumulations of waste materials,
rubbish, and other debris. Removal and disposa] of such waste materials, rubbish, and other
debris shall conform to applicable Laws and Regulations.
C. S`ite Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the
clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor
fails to correct the unsatisfactory procedure, the City may take such direct action as the City
deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written
notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of
such costs, shall be deducted from the monies due or to become due to the Coniractor.
D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and
the Work and make it ready for utilization by City or adjacent property owner. At the completion
of the Work Contractor shall remove from the Site all tools, appliances, construction equipment
and machinery, and surplus materials and shall restore to original condition or better all property
disturbed by the Work.
E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded
in any manner that will endanger the structure, nor shall Contractor subject any part of the Work
or adjacent property to stresses or pressures that will endanger it.
6.13 Record Documents
A. Cantractor 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 a11 Drawings, Specifications, Addenda, Change
Orders, Field Orders, and written interpretations and clarifications in good order and annotated to
show changes made during construction. These record documents together with all approved
Samples and a counterpart of all accepted Submittals will be available to City for reference.
Upon completion of the Work, these record documents, any operation and maintenance manuals,
and Submittals will be delivered to City prior to Final Inspection. Contractor shall include
accurate locations for buried and imbedded items.
6.14 Safety and Protection
A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance of
their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall
CITY OF FORT WORTH
STANDARDCONSTRUCI70N SPECIFICATION DOCUMENTS
Revision: December21,2012
00�200-�
GENERAL CONDITIONS
Page 30 of 63
take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
1. all persons on the Site or who may be affected by the Work;
2. a11 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, tawns, walks,
pavements, roadways, structures, utilities, and Underground Facilities not designated for
removal, relocation, or replacement in the course of construction.
B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or loss; and
shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall
notify owners of adjacent property and of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the protection,
removal, relocation, and replacement of their property.
C. Contractor shall comply with the applicable requirements of City's safety programs, if any.
D. Contractor shall inform City of the specific requirements of Contractor's safety progam, 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.A2 or 6.t4.A3 caused,
directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any
other individual or entity directly or indirectly empioyed by any of them to perform any of the
Work, or anyone for whose acts any of them may be liable, shaIl 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 Sa, f'ety Representative
Contractor shall inform City in writing of Contractor's designated safety representative at the Site.
6.16 Ha�ard Cornmunication Progj-ams
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 Reb lations.
6.17 Emergencies and/or Rectification
A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or
adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss.
Contractor shall give City prompt written notice if Contractor believes that any significant
CITY OF FORT WORTH
STANDARDCONSTRUCTION SPECIFICAT[ON DOCUMENTS
Revision_ December21.2012
oorzoo-1
GENERAL CONDITIONS
Page 31 of 63
changes in the Work or variations from the Contract Documents have been caused thereby or are
required as a result thereof. If City determines that a change in the Contract Documents is
required because of the action taken by Contractor in response to such an emergency, a Change
Order may be issued.
B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies,
omissions, or correction necessary to conform with the requirements of the Contract Documents,
the City shall give the Contractor written notice that such work or changes are to be performed.
The written notice shall direct attention to the discrepant condition and request the Contractor to
take remedial action to correct the condition. In the event the Contractor does not take positive
steps to fulfill this written request, or does not show just cause for not taking the proper action,
within 24 hours, the City may take such remedial action with City forces or by contract. The City
shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any
funds due or becorne due the Contractor on the Project.
6.18 Submittals
A. Contractor shall submit required Submittals to City for review and acceptance in accordance
with the accepted Schedule of Submittals (as required by Paragraph 2_07). Each submittal will be
identified as City may require.
1. Submit number of copies specified in the General Requirements.
2. Data shown on the Submittals will be complete with respect to quantities, dimensions,
_ specified performance and design criteria, materials, and similar data to show City the
services, materials, and equipment Contractor proposes to provide and to enable City to
review the information for the limited purposes required by Paragraph 6.18.C.
3. Submittals submitted as herein provided by Contractor and reviewed by City for
conformance with the design concept shall be executed in conformity with the Contract
Documents unless otherwise required by City.
4. When Submittals are submitted for the purpose of showing the installation in greater detail,
their review shall not excuse Contractor from reguirements shown on the Drawings and
Specifications.
5. For-Information-Only submittals upon which the City is not expected to conduct review or
take responsive action may be so identified in the Contract Documents.
6. Submit required number of Samples specified in the Specifications.
7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as City may require to enable City to review the
submittal for the limited purposes required by Paragraph 6.l 8.C.
CITY OF FORT WOR7'H
STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS
Revision_ Decanber21,2012
oa �z oo - i
GENERAL CONDITIONS
Fage 32 of 63
B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any
related Work performed prior to City's review and acceptance of the pertinent submittal will be
at the sole expense and responsibility of Contractor.
G City s Review:
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 hy the Contract
Documents) or to safety precautions or programs incident thereto. The review and acceptance
of a separate item as such will not indicate approval of the assembly in which the item
functions.
3. City's review and acceptance shall not relieve Contractor from responsibility for any
variation from the requirements of the Contract Documents unless Contractor has complied
with the requirements of Section O1 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 WaYranty and Guarantee
A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract
Documents and wilI not be defective. City and its officers, directors, members, partners,
employees, agents, consultants, and subcontractors shall be entitled to rely on representation of
Contractor's warranty and guarantee.
B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by:
l. abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is
responsible; or
CITY OF FOR? WORTH
STANDARD CONSTRUCTION $PECIFICA710N DOCUMENTS
Revision: Decembex21,2012
0072oo-i
GENERAL CONDITIONS
Page 33 of 63
2. normal wear and tear under normal usage.
_ G Contractor's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work that is
not in accordance with the Conixact Documents or a release of Contractor's obligation to perform
the Work in accordance with the Contract Documents:
1. observations by City;
2. recommendation or paynnent by City of any progress or final payment;
3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by
City;
4. use or occupancy of the Work or any part thereof by City;
5. any review and acceptance of a Submittal hy City;
6. any inspection, test, or approval by others; or
7. any correction of defective Work by City.
D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to
other work or property resulting therefrom which shall appear within a period of two (2) years
from the date of Final Acceptance of the Work unless a longer period is specified and shall
furnish a good and su�cient maintenance bond, complying with the requirements of Article
SA2.B. The City wi11 give notice of observed defects with reasonable promptness.
6.2 ] Indemnification
A. Contractor covenants and agrees to indemnify, hold harmiess and defend, at its own
expense, the Ciiy, iis 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 ihe
Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this
Contract. T�S I�TDEMNIFICATION PROVISION IS SPECTFICALLY INTENDED TO
OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL
OR SOME OF TAE DAMAGES BEING SOUGHT WERE CAUSED IN WHOLE OR IN
PART BY ANY ACT OMISSION OR NEGLIGENCE OF THE CITY. This indemniTy
provision is intended to include, without limitation, indemnity for costs, expenses and legaI
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 etnployees, from and againsi any and all loss, damage or
destruction of property of the City, arising out of, or alleged to arise out of, the work and
services to be performed by the Contractor, its officers, agents, employees, subcontractors,
licensees or invitees under this Contract. THIS INDEMNIFICAT�ON PRO'VISION IS
CITY OF FORT WORTH
STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS
Revision: December21,20]Z
00�200-�
GENERAL CONDITIONS
Page 34 of 63
SPECIFICALLY INTENDED TO OPERATE ANA BE EFFECTIVE EVEN IF IT IS
ALLEGED OR PROVEN THA,T ALL OR SOME OF THE DAMAGES BEING SOUGHT'
WERE CAUSED. IN WHOLE �R IN PART, BY ANY ACT. OMISSION �R
NEGLIGENCE OF THE CITY.
b.22 Delegation o. f Professional Design Services
A. Contractor will not be required to provide professional design services unless such services are
specifically required by the Contract Documents for a portion of the Work or unless such
services are required to carry out Contractor's responsibilities for construction means, methods,
techniques, sequences and procedures.
B. If professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of Contractor by the Contract Documents, City
will specify atl performance and design criteria that such services must satisfy_ Contractor shaIl
cause such services or certifications to be provided by a properly licensed professional, whose
signature and seal sha11 appear on all drawings, calcuIations, specifications, certifications, and
Submittals prepared by such professional. Submittals related to the Work designed or certified by
such professional, if prepared by others, shall bear such professional's written approval when
submitted to City.
C_ City shall be entitled to rely upon the adequacy, accuracy and completeness of the services,
certifications or approvals performed by such design professionals, provided City has specified
to Contractor performance and design criteria that such services must satisfy_
D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design
drawings will be only for the limited purpose of checking for conformance with performance and
design criteria given and the design concept expressed in the Contract Documents. City's review
and acceptance of Submittals (except design calculations and design drawings} will be only for
the purpose stated in Paragraph 6.18.C.
6.23 Right to Audit
A. The Contractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of the Contractor involving transactions relating
to this Contract. Contractor agrees that the City shall have access during Regular Working Hours
to all necessary Contractor facilities and shall be provided adequate and appropriate work space
in order to conduct audits in compliance with the provisions of this Paragraph. The City shall
give Contractor reasonable advance notice of intended audits.
B. Contractor further agrees to include in ail its subcontracts hereunder a provision to the effect that
the subcontractor agrees that the City shall, untiI the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of such Subcontractor, involving transactions to
the subcontract, and further, that City shall have access during Regular Working Hours to ali
CITY OF FORT WORTH
STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS
Revision: December21,2012
00 �2 00 - �
GENERAL CONDITIONS
Page 35 of 63
Subcontractor facilities, and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this Paragraph. The City shall give
Subcontractor reasonable advance notice of intended audits.
C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the
City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate
published in the Texas Administrative Code in effect as of the time copying is performed.
6.24 Nondiscrimination
A. The City is responsible for operating Public Transportation Programs and implementing transit-
related projects, which are funded in part with Federal financial assistance awarded by the U.S.
Deparhnent of Transportation and the Federal Transit Administration (FTA), without
discriminating againsi any person in the United States on the basis of race, coIor, or national
origin.
B. Title VI, Civil Rights Act o, f 1964 as amended.- Contractor shall coxnply with the requirements of
the Act and the Regulations as further defined in the Supplementary Conditions for any project
receiving Federal assistance.
ARTICLE 7— OTHER WORK AT THE SITE
7.01 Related Work at Site
A. City may perform other work related to the Project at the Site with City's employees, or other
City contractors, or through other direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Contract Documents, then written notice
thereof will be given to Contractor prior to starting any such other work; and
B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility
owner, and City, if City is performing other work with City's employees or other City
contractors, proper and safe access to the Site, provide a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such other work, and
properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of
the Work that may be required to properly connect or otherwise make its several parts come
together and properly integrate with such other work. Contractor shall not endanger any work of
others by cutting, excavating, or otherwise altering such work; provided, however, that
Contractor may cut or alter others' work with the written consent of City and the others whose
work will be affected.
C. If the proper execution or results of any part of Contractor's Work depends upon work performed
by others under this Articie 7, Contractor shall inspect such other work and promptly report to
City in writing any delays, defects, or deficiencies in such other work that render it unavailable
or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so
report will constitute an acceptance of such other work as fit and proper for integration with
Contractor's Work except for latent defects in the work provided by others.
CI`C1' OF FORT WORTH
STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Decanber21,2012
007200-I
GENERAL CONDITIONS
Page 36 of 63
%.�2 COOYC�IY1LZlZOYl
A. If City intends to contract with others for the performance of other work on the Project at the
Site, the following v��ill be set forth in Supplementary Conditions:
1. the individual or entity who will have authority and responsibility for coordination of the
activities among the various contractors will be identified;
2. the specific matters to be covered by such authority and responsibility wiIl be itemized; and
3. the extent of such authority and responsibilities will be pro�ided_
B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such
coordination.
ARTICLE 8 — CTTY'S RESPONSIBILITIES
8.01 Commzrnications to Contractor
Except as otherwise provided in the Supplementary Conditions, City shall issue aii communications
to Contractor.
8.02 Furnish Data
City shal] timely furnish the data required under the Contract Documents.
8.03 Pay When Due
City shall make payments to Contractor in accordance with Article ] 4.
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.
S.OS Change Orders
City shall execute Change Orders in accordance with Paragraph 10_03.
8.06 Inspections, Tests, and Approvals
City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph
13.03.
CITY OF FORT WORTH
STANDAFD CONSTRUCTION SPECIFICATION DOCUML-NTS
Revision: Decanber21,2012
00 72 00 - I
GENERAL CONDITIONS
Page 37 of 63
8.07 Limitations on City s Responsibilities
A. The City shall not supervise, direct, or have control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. City will not be responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14.
8.08 Undisclosed Hazardous Environmental Condition
City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth
in Paragraph 4.06.
8.09 Compliance with Safety Program
While at the Site, City's employees and representatives shall comply with the specific applicable
requirements of Contractor's safety programs of which City has been informed pursuant to
Paragraph 6.14.
ARTICLE 9— CITY'S OBSERVATION STATUS DURING CONSTRUCTION
9.01 Cily s Project Rep�esentative
City will provide one or more Project Representative(s) during the construction period. The duties
and responsibilities and the limitations of authority of City's representative during construction are
set forth in the Contract Documents. The Project Representative(s) will be as provided in the
Supplementary Conditions.
9.02 Visits to Site
A. City's Project Representative will make visits to the Site at intervals appropriate to the various
stages of construction as City deems necessary in order to observe the progress that has been
made and the quality of the various aspects of Contractor's executed Work. Based on
information obtained during such visits and observations, City's Project Representative will
detertnine, in general, if the Work is proceeding in accordance with the Contract Documents.
City's Project Representative will not be required to make exhaustive or continuous inspections
on the Site to check the quality or quantity of the Work. City's Project Representative's efforts
will be directed toward providing City a greater degree of confidence that the completed Work
will conform generally to the Contract Documents.
B. City's Projeci Representative's visits and observations are subject to al1 the limitations on
authority and responsibility in the Contract Documents including those set forth in Paragraph
8.07.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Decanber21,2012
00 72 00 - I
GENERAL CONDITIONS
Page 38 of 63
9.03 AuthoYized Variations in Work
r• 1�
9.05
� �.
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 Docunnents. These may be accomplished by a Field Order and will be
binding on City and also on Contractor, who shaIl perform the Work involved promptly.
Rejecting Defective Work
testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or
completed.
City will have authority to reject Work which City's Project Representative believes to be defective,
or will not produce a completed Project that canforms to the Contract Documents or that will
prejudice the integrity of the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. City will have authority to conduct special inspection or
Determinationsfor WorkPerformed
Contractor wi11 determine the actual quantities and classifications of Work performed. City's Project
Representative will review with Contractor the preliminary detenminations 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).
Decisians on Requirements of Contract Documents and Acceptability of Work
A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the
acceptability of the Work thereunder.
B. City will render a written decision on any issue referred.
C. City's written decision on the issue referred will 6e final and binding on the Contractor, subject
to the provisions of Paragraph 10.06.
ARTICLE 10 — CHANGES IN THE WORK; CLAIMS; EXTRA WORK
l 0.01 Authorized Changes in the Work
A_ Without invalidating the Contract and without notice to any surety, City may, at any time or from
time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly
proceed with the Work involved which will be performed under the applicable conditions of the
Contract Documents (except as otherwise specifically provided)_ Extra Work shall be
memorialized by a Change Order which may or may not precede an order of Extra work.
B. For minar 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
STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Decanber21,2012
00 �2 00 - �
GENERAL CONDiT10NS
Page 39 of 63
10.02 Unauthorized Changes in the Work
Contractor shalI not be entitled to an increase in the Contract Price or an extension of the Contract
Time with respect to any work perforcned that is not reGuired 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 Paragaph 6.17.
10.03 Execution of Change Orders
A. City and Contractor shall execute appropriate Change Orders covering:
1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.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 Work, or as to the payment
thereof, and the City insists upon its performance, the Contractor shall proceed with the work
after making written request for written orders and shall keep accurate account of the actual
reasonable cost thereof Contract Claims regarding Extra Work shall be made pursuant to
Paragraph 10.06.
S. 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 instalIation.
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 alI costs Contractor incurs as a result or relating to the
change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that
time, including without litnitation, any costs for delay, extended overhead, ripple or impact cost,
or any other effect on changed or unchanged work as a result of the change or Extra Work.
10.05 Notification to Surety
If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work or the provisions of the Contract Documents (including, but not limited
to, Contract Price or Contract Time), the giving of any such notice will be Contractor's
responsibility. The amount of each applicable bond wiIl be adjusted by the Contractor to reflect the
effect of any such change.
CITY OF FORT WORTH
STANDARI)CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Decanber21,2012
00 �z oo - �
GENERAL CONDITIONS
Page 40 of 63
10.06 ContYact 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 shali 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:
l. Written notice stating the general nature of each Contract Claim shall be delivered by the
Contractor to City no later than 15 days after the start of the event giving rise thereto. The
responsibility to substantiate a Contract Claim shall rest with the party making the Contract
Claim.
2_ Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered
to the City on or before 45 days from the start of the event giving rise thereto (unless the City
allows additional time for Contractor to submit additional or more accurate data in support of
such Contract Claim).
3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with
the provisions of Paragraph 12.01.
4. A Contract Claim for an adjustment in Contract Time sha11 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 folIowing 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 Ciaim 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 Ciaim, such notice shail be deemed a denial.
CITY OF FORT WORTH
STANDARD CONSTRUC170N SPECIFICATION DOCUMENTS
Revision: tk�cember21,2012
oonoo-1
GENERAL CONDITIOtVS
Page 41 of 63
D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or
Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such
action or denial.
E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not
submitted in accordance with this Paragraph 10.06.
ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS
QUANTITY MEASUREMENT
11.01 Cost of the Work
A. Costs Included.• The term Cost of the Work means the sum of all costs, except those excluded in
Paragraph I 1.OI .B, necessarily incurred and paid by Contractor in the proper performance of the
Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to
Contractor will be only those additional or incremental costs required because of the change in
the Work. Such costs shall not include any of the costs itemized in Paragraph 11.O1.B, and shaIl
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 classifrcations agreed upon by City and Contractor. Such
employees shalI include, without limitation, superintendents, foremen, and other personnel
employed full time on the Work. Payroll costs for employees not employed full time on the
Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall
include;
a. salaries with a 55% markup, or
b. salaries and wages plus the cost of fringe benefts, 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
hy Ciry.
2. Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers' field services required in connection
therewith.
3. Rentals of all construction equipment and machinery, and the parts thereof whether rented
from Contractor or others in accordance with rental agreements approved by City, and the
costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All
such costs shall be in accordance with the terms of said rental agreements. The rental of any
such equipment, machinery, or parts shall cease when the use thereof is no longer necessary
for the Work.
CITY OF FORT WORTH
STANDARDCONSTRUCT'ION SPECIFICATION DOCUMENTS
Revision: Decanber21,2012
00�2oo-i
GENER,4L CONDITIONS
Page 42 of 63
4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If
required by City, Contractor shall obtain competitive bids from subcontractors acceptable to
City and Contractor and shall deliver such bids to City, who wi11 then determine, which bids,
if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on
the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall
be determined in the same manner as Contractor's Cost of the Wark and fee as provided in
this Paragraph 11.01.
5. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed for services specifically related
to the Work.
6. Supplemental costs including the following:
a. The proportion of necessary transportation, travel, and subsistence expenses of
Contractor's employees incurred in discharge of duties connected with the Work.
b. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, o�ce, 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 taa�es 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 settiements 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
STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS
Revision: December21,2012
oonoo-�
GENERAL CONDITIONS
Page 43 of 63
h. The costs of premiums for all bonds and insurance Contractor is required by the Contract
Documents to purchase and maintain.
B. Costs Excluded.• The term Cost of the Work shall not include any of the following itetns:
1. Payroll costs and other compensation of Contractor's officers, executives, principals (of
partnerships and sole proprietorships), general managers, safety managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the
Site or in Contractor's principal or branch office for general administration of the Work and
not specifically included in the agreed upon schedule of job classifications referred to in
Paragraph 11.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 hranch offices other than Contractor's office at the
Site.
3. Any part of Contractor's capital expenses, including interest an Contractor's capital
empIoyed for the Work and charges against Contractor for delinquent payments.
4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable, including but not
limited to, the correction of defective Work, disposal of materials or equipment wrongly
supplied, and making good any damage to property.
5. Other overhead or general expense costs of any kind.
C. Conti-actor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee
shaIl be determined as set forth in the Agreement. When the value of any Work covered by a
Change Order for an adjustment in Contract Price is determined on the basis of Cost of the
Work, Contractor's fee shall be determined as set forth in Paragraph 12.O1.C.
D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to
Paragraphs I1.Ol.A and 11.OI.B, Contractor will establish and maintain records thereof in
accordance with generally accepted accounting practices and submit in a form acceptabie to City
an itemized cost breakdown together with supporting data.
11.02 Alloivcznces
A. Specified Allotivance: 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-bidAllowances:
1. Contractor agrees that:
CITY OF FORT WORTH
STANDARDCONSTRUC'CION SPECIFICATION DOCUMENTS
Revision: Decanber21,2012
00 72 00 - 1
GENERAL CONDITIONS
Page 44 of 63
a. the pre-bid allawances include the cost to Contractor of materials and equipment required
by the allowances to be delivered at the Site, and all applicable taxes; and
Contrac+or'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 wiIl be issued to reflect actual amounts due
Contractor on account of Work covered by allowances, and the Contract Price shall be
corresponding]y adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that aIl or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to
the sum of the unit price for each separately identified item of Unit Price Work times the
estimated quantity of each item as indicated in the Agreement.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial Contract Price. Determinations of the
actual quantities and classifications of Unit Price Work performed by Contractor will be made by
Ciiy subject to the provisions of Paragraph 9.05.
C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to
cover Contractor's overhead and profit for each separately identified item. Work described in the
Contract Documents, or reasonably inferred as required for a functionally complete installation,
but not identified in the listing of unit price items shall be considered incidental to unit price
work listed and the cost of incidental work included as part of the unit price.
D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if
the quantity of any item of Unit Price �Vork performed by Contractor differs materially and
significantly from the estimated quantity of such item indicated in the Agreement; and
2. there is no corresponding adjustment with respect to any other item of Work.
E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in
accordance with Paragraph 10.01.
1. If the changes in quantities or the alterations do not significantiy change the character of
wark under the Contract Documents, the altered work will be paid for at the Contract unit
price.
CI7Y Of FORT WORTH
STANDARD CONSTRUCIION SPECIFICATION DOCUMENTS
Revision: Decanber21,2012
oo�zoo-�
GENERAL CONDITIONS
Page 45 of 63
2. If the changes in quantities or alterations significantly change the character of work, the
Contract will be amended by a Change Order.
3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended
by a Change Order in accordance with Article 12.
4. A significant change in the character of work occurs when:
a. the character of work for any Item as altered differs materially in kind or nature from that
in the Contract or
6. a Major Item of work varies by more than 25% from the original Contract quantity.
5. When the quantity of work to be done under any Major Item of the Contract is more than
125% of the original quantity stated in the Contract, then either party to the Contract may
request an adjustment to the unit price on the portion of the work that is above 125%.
6. When the quantity of work to be done under any Major Item of the Contract is less than 75%
of the original quantity stated in the Contract, then either party to the Contract may request
an adjustment to the unit price.
11.04 Plans Quantity Nleasurernent
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 Articte.
B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than
25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total
estimated quantity for an individual Item originally shown in the Contract Documents, an
adjustment may be made to the quantity of authorized work done for payment purposes. The
party to the Contract requesting the adjustment will provide field measurements and calculations
showing the final quantity for which payment wiIl be made. Payment for revised quantity will be
made at the unit price bid for that Item, except as provided for in Article l 0.
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 tota] Contract quantity multip[ied by the unit price bid for an individual Item is less than
$250 and the Item is not originaIly a plans quantity Item, then the Item may be paid as a plans
quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans
quantity.
CITY OF FORT WORTH
STANDARDCONSTRUCTION SPECtFICATION DOCUMENTS
Revision: December21,2012
007200-I
GENERAL CONDITIONS
Page 46 of 63
E. For callout work or non-site specific Contracts, the plans quantity measurement requirements are
not applicable.
ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME
12.01 Change of Contract Price
A. The Contract Price may only be changed by a Change Order.
B_ The value of any Work covered by a Change Order will be determined as follows:
1. where the Work involved is covered by unit prices contained in the Contract Documents, by
application of such unit prices to the quantities of the items involved (subject to the
provisions of Paragraph 11.03); or
2. where the Work involved is not covered by unit prices contained in the Contract Documents,
by a mutually agreed lump sum or unit price (which may include an allowance for overhead
and profit not necessarily in accordance with Paragraph 12.O1.C_2), and shalI 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.OI.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. ContYactor's Fee: The Contractor's additional fee for overhead and proft 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 followin� percentages of the various
portions of the Cost of the Work:
a. for costs incurred under Paragraphs 11.01 _A.1, 11.01.A.2. and 1 I.O1.A.3, the
Contractor's additional fee shall be I S percent except for_
I} rental fees for Contractor's own equipment using standard rental rates;
2) bonds and insurance;
b. for costs incurred under Paragraph 11.OI .A.4 and 1].OI .A.S, the Contractor's fee shall be
five percent (5%);
]) 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
C1TY OF FORT WORTH
STANDARD CONSTRUCT[ON SPECIFICATION DOCUMENTS
Revision: December2i.2012
oo�aoo-�
GENERAL CONDITIONS
Page 47 of 63
tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under
Paragraphs 11.O1.A.1 and 11.O1.A.2 and that any higher tier Subcontractor and
Contractor will each be paid a fee of five percent (5%) of the amount paid to the next
lower tier Subcontractor, however in no case shall the cumulative total of fees paid be
in excess of 25%;
c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.OI.A.6, and
11.01.B;
d. the arnount of credit to be allowed by Contractor to City for any change which results in
a net decrease in cost wiIl 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. T'he Contract Time may only be changed by a Change Order_
- B. No extension of the Contract Tinne will be allowed for Extra Work or for claimed delay unless
the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project
Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or
claimed delay adversely affects the critical path.
12.03 Delays
A. Where Contractor is reasonably delayed in the perforznance or completion of any part of the
Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time
may be extended in an amount equal to the time lost due to such delay if a Contract Claim is
made therefor. Delays 6eyond the control of Contractor sha11 include, but not be limited to, acts
or neglect by City, acts or neglect of utility owners or other contractors performing oiher 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 aIJ fees and charges of engineers, architects, attorneys, and
other professionals and ali cour-t 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 Tirne for delays
within the control of Contractor. Delays attributable to and within the control of a Subcontractor
or Supplier shall he deemed to be delays within the control of Contractor.
D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when
direct and unavoidable extra cost to the Contractor is caused by the faiiure of the City to provide
information or material, if any, which is to be furnished by the City.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Decanber21,2012
0o n oo - �
GENERAL CONDITIONS
Page 48 of 63
ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
Notice of all defective Work of which City has actual knowledge will be given to Contractor.
Defective Work may be rejected, conected, or accepted as provided in this Article ] 3.
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 timeIy 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 pubIic body having jurisdiction require any
of the Work (or part thereofl to be inspected, tested, or approved, Contractor shall assume fufl
responsibility for arranging and obtaining such independent inspections, tests, retests or
approvals, pay al] 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 shalI be responsible for arranging and o6taining 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
C ity.
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 wi11 coordinate such Testing to the extent possible, with Contractor;
2. Should any Testing under this Section 13.03 D result in a"faii", "did not pass" or other
similar negative result, the Contractor shaIl be responsible for paying fot- any and all retests_
Contractor's cancellation without cause of City initiated Testing shall be deemed a negative
result and require a retest.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Decenber21,2012
00 72 00 -1
GENERAL CONDITIONS
Page 49 of 63
3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the
Testing Lab by Contractor. City wil] forward all invoices for retests to Contractor.
4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing
Lab is paid.
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
Contractor without written concurrence of City, Contractor sha11, if requested by City, uncover
such Work for observation.
F. Uncovering Work as provided in Paragraph 13_03.E shall be at Contractor's expense.
G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued
under Section 13.03 D.
13.04 Uncovering Work
A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it
must, if requested by City, be uncovered for City's observation and replaced at Contractor's
expense.
B. If City considers it necessary or advisable that covered Work be observed by City or inspected or
tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available
for observation, inspection, or testing as City may require, that portion of the Work in question,
furnishing all necessary labor, material, and equipment.
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 a11 court or other dispute resolution costs) arising out
of or relating to such uncovering, exposure, observation, inspection, and testing, and of
satisfactory replacernent or reconstruction (including but not limited to all costs of repair or
replacement of work of others); or City shall be entitled to accept defective Work in
accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all
costs associated with exposing, observing, and testing the defective Work.
2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase
in the Contract Price or an extension of the Contract Time, or both, directly attributable to
such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction.
13.05 City May Stop the WoYk
If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials
or equipment, or faiIs 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
C1T1' OF FORT WORTH
STANDARDCONSTRUCT(ON 3PEClFICATION DOCUMENTS
Revision: December21,2012
oo�oo-i
GENERAI CONDITIONS
Page 50 of 63
Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of
any of #hem.
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 ]onger 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 Coniractor's use by City or permitted by Laws and Regulations as
contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without
cost to City and in accordance with City's written instructions:
1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by City, remove it from the Project and replace it
with Work that is not defective, and
4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work
of others or other land or areas resulting therefrom.
B. If Contractor does not promptly comply with the terms of City's written instructions, or in an
emergency where delay would cause serious risk of loss or damage, City may have the defective
Work corrected or repaired or may have the rejected Work removed and replaced. All claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and ali 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 aIl costs of repair or replacement of work of others) will be paid by Contractor.
CITY OF FORT WORTH
STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS
Revision: December21,2012
007200-i
GENERA� CONDITIONS
Page S I of 63
C. In special circumstances where a particulaar item of equipment is placed in continuous service
before Final Acceptance of all the Work, the correction p�riod for that item may start to run from
an ea�rlier date if so provided in the Contract Documents.
D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 13.07, the correction period hereunder with respect
to such Work may be required to be extended for an additional period of one year after the end of
the initial correction period. City shall provide 30 days written notice to Contractor should such
additional warranty coverage be required. Contractor may dispute this requirement by filing a
Contract Claim, pursuant to Paragraph 10.06.
E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or
warranty. The provisions of this Paragraph 13.0'7 shall not be construed as a substitute for, or a
waiver of, the provisions of any applicable statute of limitation or repose.
13.08 Acceptance of Defective WoYk
If, instead of requiring correction or removal and replacement of defective Work, City prefers to
accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but
not limited to all fees and charges of engineers, architects, attorneys, and other professionals and alI
court or other dispute resolution costs) attributable to City's evaluation of and determination to
accept such defective Work and for the diminished value of the Work to the extent not otherwise
paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be
issued incorporating the necessary revisions in the Contract Documents with respect to the Work,
- and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished
value of Work so accepted.
13.09 City May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from City to correct defective
_ Work, or to remove and replace rejected Work as required by City in accordance with Paragraph
13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents,
or if Contractor fails to comply with any other provision of the Contract Documents, City may,
after seven (7) days written notice to Contractor, correct, or remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed
expeditiously. In connection with such corrective or remedial action, City may exclude
Contractor from all or part of the Site, take possession of ail 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 shatl 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
STANDARDCONS7'RUCT[ON SPECIFICATION DOCUMENTS
Revision: D�anber21,2012
00�200- i
GENERAL CONDITIONS
Page 52 of 63
costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph
13.09 will be charged against Contractor, and a Change Order will be issued incorporating the
necessary revisions in the Contract Documents with respect to the Work; and City shall be
entitled to an appropriate decrease in the Contract Price.
D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the
performance of the Work ariributable 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 T�alues
The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve
as the basis for progress payments and will be incorporated into a form of Application for Payment
acceptable to City. Progress payments on account of Unit Price Work will be based on the number of
units completed.
14.02 Progress Payrrcents
A. Applications for Payments:
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 Generai Requirements for each progress
payment, Contractor shall submit to City for review an Application for Payment filled out
and signed by Contractor covering the Work completed as of the date of the Application and
accompanied by such supporting documentation as is required by the Contract Documents_
3. If payment is requested on the basis of materials and equipment not incorporated in the Work
but delivered and suitably stored at the Site or at another location agreed to in writing, the
Application for Paynnent shall also be accompanied by a bill of sale, invoice, or other
documentation warranting that City has received the materials and equipment free and clear
of all Liens and evidence that the materials and equipment are covered by appropriate
insurance or other arrangements to protect City's interest therein, all of which must be
satisfactory to City.
4. Beginning with the second Application for Payment, each Application shall inclUde an
affidavit of Contractor stating that previous progress payments received on account of the
Work have been applied on account to discharge Contractor's legitimate obIigations
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 SPECtFICAT[ON DOCUMENTS
Revision: December21,2012
00 �2 00 - �
GENERAL CONDITIONS
Page 53 of 63
B. Review ofApplications:
l. City will, after receipt of each Application for Payment, either indicate in writing a
recommendation of payment or return the Application to Contractor indicating reasons for
refusing payment. In the latter case, Contractor may make the necessary corrections and
resubmit the Application.
2. City's processing of any payment requested in an Application for Payment will be based on
City's observations of the executed Work, and on City's review of the Application for
Payment and the accompanying data and schedules, that to the best of City's knowledge:
a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract Documents (subject
to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance,
the results of any subsequent tests called for in the Contract Documents, a final
determination of quantities and classifications for Work performed under Paragraph 9.05,
and any other qualifications stated in the recommendation).
3. Processing any such payment will not thereby be deemed to have represented ihat:
a. inspections made to check the quality or the quantity of the Work as it has been
performed have been exhaustive, extended to every aspect of the Work in progress, or
involved detailed inspections of the Work beyond the responsibilities specifically
assigned to City in the Contract Documents; or
b. there may not be other matters or issues between the parties that might entitle Contractor
to be paid additionally by City or entitle City to withhold payment to Contractor, or
c. Contractor has complied with Laws and Regulations applicable to Contractor's
performance of the Work_
4. City may refuse to process the whole or any part of any payment because of subsequently
discovered evidence or the results of subsequent inspections or tests, and revise or revoke
any such payment previously made, to such extent as may be necessary to protect City from
loss because:
a. the Work is defective, or the completed Work has been damaged by the Contractor or his
subcontractors, requiring correction or replacement;
b. discrepancies in quantities contained in previous applications for payment;
c. the Contract Price has been reduced by Change Orders;
d. City has been required to correct defective Work or complete Work in accordance with
Paragraph 13.09; or
CITY OF FORT WORTH
STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Decanber21,2012
00�200-�
GENERAL CONDITIONS
Page 54 of 63
e. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraph 15.02.A.
C. Retainage:
1_ For contracts less than $400,000 at the time of execution, retainage shall be ten percent
(10%).
2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent
(5%).
D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the
time specified in the Contract Documents, the sum per day specified in the Agreement, will be
deducted from the monies due the Contractor, not as a penalty, but as liquidated damages
suffered by the City.
E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment
witl become due in accordance with the Contract Documents.
F. Reduction in Payment:
1. City may refuse to make payment of the amount requested because:
a. Liens have been filed in connection with the Work, except where Contractor has
delivered a specific bond satisfactory to City to secure the satisfaction and discharge of
such Liens;
b. there are other items entitling City to a set-off against the amount recommended; or
c. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraphs 14.02.B.4.a through 14_OZ.B.4.e or Paragraph 15.02_A.
2_ If City refuses to make payment of the amount requested, City will give Contractor written
notice stating the reasons for such action and pay Contractor any amount remaining after
deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or
any adjustment thereto agreed to by City and Contractor, when Contractor remedies the
reasons for such action.
14.03 Contractor's Warranty of Title
Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the Project or not, will pass to City no later than
the time of payment free and clear of all Liens.
CITY OF FORT WORTH
STANDARD CONSTRUC7fON SPECIFICATION DOCUMENTS
Revision: Ikcember2l, 2012
00 72 00 - I
GENERAL CONDITIONS
Page 55 of 63
I4.04 Partial Utilization
A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed
part of the Work which has specifically been identified in the Contract Documents, or which
City, determines constitutes a separately functioning and usable part of the Work that can be
used by City for its intended purpose without significant interference with Contractor's
performance of the remainder of the Work. City at any time may notify Contractor in writing to
permit City to use or occupy any such part of the Work which City determines to be ready for its
intended use, subject to the following conditions:
l. 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 part of the Work to determine its status of
completion. If City does not consider that part of the Work to be substantially complete, City
will notify Contractor in writing giving the reasons therefor.
3. Partial Utilizaiion will not constitute Final Acceptance by City.
14.05 Finallnspection
A. Upon written notice from Contractor that the entire Work is complete in accordance with the
Contract Documents:
1. within 10 days, City wiil schedule a Final Inspection with Contractor.
2. City wiil notify Contractor in writing of all particulars in which this inspection reveals that
the Work is incomplete or defective. Contractor shall immediately take such measures as are
necessary to complete such Work or remedy such deficiencies.
B. No time charge will be made against the Contractor between said date of notification of the City
and the date of Final Inspection_ Should the City determine that the Work is not ready for Fina1
Inspection, City will notify the Contractor in writing of the reasons and Contract Time wil]
resume.
14.06 Final Acceptance
Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final
Inspection, City will issue to Contractar a letter of Final Acceptance.
C[TY OF FORT WOR7H
STANDARD CONSTRUCTION SPECIFICATION DOCUMEN-CS
Revision: December21,2012
00�200-�
GENERAL CONDITIONS
Page 56 of 63
14.07 Final Payment
A. Application foY Payment=
1. Upon Fina1 Acceptance, and in the opinion of City, Contractor may make an application far
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, inciuding 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 cannection 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, wiil become due and payable.
2. After all Damage Claims have been resolved:
a_ directly by the Contractor or;
b_ Contractor provides evidence that the Damage Claim has been reported to Contractor's
insurance provider for resolution.
3. The making of the final payment by the City shall not relieve the Contractor of any
guarantees or other requirements of the Contract Documents which specifically continue
thereafter.
14.08 Final Completion Delayed and Partial Retainage Release
A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon
receipt of Contractor's final Application for Payment, and without terminating the Contract,
make payment of the balance due for that portion of the Work fully completed and accepted. If
the remaining balance to be held by City for Work not fuily completed or corrected is less than
the re#ainage 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
STANDARDCONSTRUCTION SPECIFICAT[ON DOCUMENTS
Revision: December2[,2012
00 72 00 - 1
GENERAL CONDITIONS
Page 57 of 63
portion of the Work fully completed and accepted shall be submitted by Contractor to City with
the Application for such payment. Such payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a waiver of Contract Claims.
B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment
and maintenance, and test and performance periods following the completion of all other
construction in the Contract Documents for all Work locations, the City may release a portion of
the amount retained provided that all other work is completed as determined by the City. Before
the release, all submittals and final quantities must be completed and accepted for all other work.
An amount sufficient to ensure Contract compliance will be retained.
14.09 Waiver of Claims
The acceptance of final payment will constitute a release of the CiTy from all clairns or liabilities
under the Contract for anything done or furnished or relating to the work under the Contract
Documents or any act or neglect of City related to or connected with the Contract.
ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION
15.01 City May Suspend WoYk
A. At any time and without cause, City may suspend the Work or any portion thereof by written
notice to Contractor and which may fix the date on which Work will be resumed. Contractor
shall resume the Work on the date so fixed. During temporary suspension of the Work covered
by these Contract Documents, for any reason, the City will make no extra payment for stand-by
time of construction equipment and/or construction crews.
B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the
control of and without the fault or negligence of the Contractor, and should it be determined by
mutual consent of the Contractor and City that a solution to allow construction to proceed is not
available within a reasonable period of time, Contractor may request an extension in Contract
Time, directly amibutable to any such suspension.
C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall
store all materials in such a manner that they will not obstruct or impede the public unnecessarily
nor become damaged in any way, and he shall take every precaution to prevent damage or
deterioration of the work performed; he shall provide suitable drainage about the work, and erect
temporary structures where necessary.
D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the
necessary equipment to the job when it is determined by the City that construction may be
resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the
equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is
moved to another construction project for the City.
CITY OF FORT WORTH
STANDARDCONSTRUCTION SPEGPICATION DOCUMENTS
Revision: De�ember21,2012
00�200-1
GENERAL CONDITIONS
Page 58 of 63
15.02 City May Terminate for Cause
A. The occurrence of any one or more of the following events by way of example, but not of
limitation, may justify termination for cause:
1. Contractor's persistent failure to perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficient skilled workers or
suitable materials or equipment, failure to adhere to the Project Schedule estabIished under
Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere
to the City's Business Diversity Enterprise Ordinance #20020-12-2011 estabIished under
Paragraph 6.06.D);
2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction;
3. Contractor's repeated disregard of the authority of City; or
4. Contractor's violation in any substantial way of any provisions of the Contract Documents;
or
5. Contractor's failure to promptly make good any defect in materials or workmanship, or
defects of any nature, the correction of which has been directed in writing by the City; or
6. Substantial indication that the Contractor has made an unauthorized assignment of the
Contract or any funds due therefrom for the benefit of any creditor or for any other purpose;
or
7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise
financially unable to carry on the Work satisfactorily; or
8. Contractor commences legal action in a court of competent jurisdiction against the City.
B. If one or more of the events identified in Parab aph 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.
If the City, the Contractor, and the Surety do not agree to a11ow the Contractor to praceed to
perfo►m the construction Contract, the City may, to the extent permitted by Laws and
Regulations, declare a Contractor default and formally terminate the Contractor's right to
complete the Contract. Contractor default shall not be declared earlier than 20 days after the
Contractor and Surety have received notice of conference to address Contractor's failure to
perform the Work.
2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the
Work. If Surety does not commence performance thereof within ] 5 consecutive calendar
days after date of an additional written notice demanding Surety's performance of its
CITY OF FORT WORTH
STANDARD CONSTRUCT[ON SPEC[FICATION D�CUMENTS
Revision: Decanber21,2012
00 �2 ao -1
GENERAL CONDITIONS
Page 59 of 63
obligations, then City, without process or action at law, rnay take over any portion of the
Wor-k and complete it as described below. �
a. If City completes the Work, City may exclude Contractor and Surety from the site and
take possession of the Work, and all materials and equipment incorporated into the Work
stored at the Site ar for which City has paid Contractor or Surety but which are stored
elsewhere, and finish the Work as City may deem expedient.
3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any
further payment until the Work is finished. If the unpaid balance of the Contract Price
exceeds all claims, costs, losses and damages sustained by City arising out of or resulting
from completing the Work, such excess will be paid to Contractor. If such claims, costs,
losses and damages exceed such unpaid balance, Contractor shall pay the difference to City.
Such claims, costs, losses and damages incurred by City will be incorporated in a Change
Order, provided that when exercising any rights or remedies under this Paragraph, City shall
not be required to obtain the lowest price for the Work performed.
4. Neither City, nor any of its respective consultants, agenis, officers, directors or employees
shall be in any way liable or accountable to Contractor or Surety for the method by which the
completion of the said Work, or any portion thereof, may be accomplished or for the price
paid therefor.
5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right
to recover damages from Contractor or Surety for Contractor's failure to timely complete the
entire Contract. Contractor shall not be entitled to any claim on account of the method used
by City in completing the Contract.
6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as
provided for in the bond requirements of the Contract Documents or any special guarantees
provided for under the Contract Documents or any other obligations otherwise prescribed by
law.
G 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 liabitity.
-- 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.
C3TY OF FORT WORTH
STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Decanber21,2012
007200-I
GENERAL CONDITIONS
Page 60 of 63
15.03 City May Terminate For Convenience
A. City may, without cause and without prejudice to any other right or remedy of City, terminate the
Contract. Any termination shall be effected by mailing a notice of the termination to the
Contractor specifying the extent to which performance of Work under the contract is terminated,
and the date upon which such termination becomes effective. Receipt of the notice shall be
deemed conclusively presumed and established when the letter is placed in the United States
Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and
established that such termination is made with just cause as therein stated; and no proof in any
claim, demand or suit shail 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 Coniract on the date and to the extent specified in the notice of
termination;
2. place no further orders or subcontracts for materials, services or facilities except as may be
necessary for completion of such portion of the Work under the Contract as is not terminated;
3. terminate all orders and subcontracts to the extent that they relate to the performance of the
Work terminated by notice of termination;
4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any,
directed by the City:
a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and
other material produced as a part of, or acquired in connection with the performance of,
the Work terminated by the notice of the termination; and
b. the completed, or partially completed plans, drawings, information and other property
which, if the Contract had been completed, would have been rec�uired 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 coniract 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 SPEC[FICATION DOCUMENTS
Revision: Decernber21,2012
00 72 00 - 1
GENERAL CONDITIONS
Page 61 of 63
D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list
submitted shall be subject to verification by the City upon removal of the items or, if the items
are stored, within 45 days from the date of submission of the list, and any necessary adjustments
to correct the list as submitted, shall be made prior to final settlement.
E. Not later than 60 days a$er 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 ail such claims shall be conclusively deemed waived.
F. In such case, Contractor shall be paid for (without duplication of any items):
l. completed and acceptable Work executed in accordance with the Contract Documents prior
to the effective date of termination, including fair and reasonable sums for overhead and profit on
such Work;
2. expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials, or equipment as required by the Contract Documents in connection
with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;
and
3. reasonable expenses directly amibutable to termination.
G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid
to the Contractor by reason of the termination of the Work, the City shall determine, on the basis
of information available to it, the amount, if any, due to the Contractor by reason of the
termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid
on account of loss of anticipated profits or revenue or other economic loss arising out of or
resulting from such termination.
ARTICLE 16 — DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision
under Paragraph 10.06 before such decision becomes final and binding. The request for
mediation shall be submitted to the other party to the Contract. Timely submission of the request
shall stay the effect of Paragraph 10.06.E.
B. City and Contractor shall participate in the mediation process in good faith_ The process shail be
commenced within 60 days of filing of the request.
C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10_06.0 or a
- denial pursuant to Paragraphs 10.06.C.3 or 10.06.D sha11 become final and binding 30 days after
termination ofthe mediation unless, within that time period, City or Contractor:
CITY OF FORT WORTH
STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS
Revision: December21,2012
00 �� oo - i
GENERAI CONDITIONS
Page 62 of 63
1. elects in writing to invoke any other dispute resolution process provided for in the
Supplementary Conditions; or
2_ agrees with the other party to submit the Contract Claim to another disp�ate resolution
process; or
3. gives written notice to the other party of the intent to submit the Contract Claim to a court of
competent jurisdiction.
ARTICLE 17 — MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if:
]. delivered in person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended; or
2. delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.
B. Business address changes must be promptly made in writing to the other party.
C. Whenever the Contract Documents specifies giving notice by electronic means such electronic
notice shall be deemed sufficient upon confirmation of receipt by the receiving party.
17.02 Computation of Times
When any period of time is referred to in the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last
day of the period.
17.03 Cumulative Remedies
The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in any way as
a limitation of, any rights and remedies available to any or all of them which are otherwise imposed
or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the
Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically
in the Contract Documents in connection with each particular duty, obligation, right, and remedy to
which they apply.
CITY OF FORT WORTH
STANDARDCONSTRUCTfON SPECIFICATION DOCUMENTS
Revision: December2l, 201 Z
00 72 00 - 1
GENERAL CONDITIONS
Page 63 of 63
17.04 Survival of Obligations
All representations, indemnifications, warranties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
17.05 Headings
Article and paragraph headings are inserted for convenience only and do not constitute parts of these
General Conditions.
CITY OF FORT WORTH
STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS
Revision: Decanber21,2012
00 73 00 - 1
SUPPLEMENTARY CONDITIONS
Page i of 6
1
2
3
4
5
6
7
8
9
iQ
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2'7
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
SECTION 00 73 00
SUPPLEMENTARY CONDITIONS
TO
GENERAL CONDITIONS
Supplementary Conditions
These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other
provisions of the Coniract Documents as indicated below. All provisions of the General Conditions that are
modified or supplemented remain in full force and effect as so modified or supplemented. All provisions
ofthe General Conditions which are not so modified or supplemented remain in fuil force and effect.
Defined Terms
The terms used in these Supplementary Conditions which are defined in the General Conditions have the
meaning assigned to them in the General Conditions, unless specifically noted herein.
Modifications and Supplements
The following are instructions that modify or supplement specific paragraphs in the General Conditions and
other Coniract Documents.
SC-3.03B.2, "Resolving Discrepancies"
Plans govem over Specifications and Specifications shall govern over standard details.
SC-4.01A
Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding_
Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the
Contract Drawings.
SC-4.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:
Outstanding Right-Of-Way, and/or Easements to Be Acquired
PARCEL O WNER
NUMBER
None
TARGET DATE
OF POSSESSION
The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed,
and do not bind the City.
If Coniractor 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"
Utilities or obstructions to be removed, adjusted, and/or relocated
CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATiON DOCUMENTS City Project No. 01499
Revised December 20, 2012
00 73 00 - 2
SUPPLEMENTARY CONDITIONS
Page 2 of 6
1
2
3
4
The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated
as of
EXPECTED UTILITY AND LOCATION
OWNER
TARGET DATE OF
ADNSTMENT
None
5
6
7
8
9
10
11
12
13
14
15
16
I7
18
19
20
21
22
23
24
25
26
27
?g
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
The following are drawings of physical conditions in or relating to existing surface and subsurface
structures (except Underground Facilities) which are at or contiguous to the site of the Work:
None
SC-4.06A., "Hazardous Environmental Conditions at Site"
The following are reports and drawings of existing hazardous environmental conditions known to the City:
None
SC-5.03A., "Certifcates of Insurance"
The entities listed below are "additionaI insureds as their interest may appear" including their respective
officers, directors, agents and employees.
(1) City
(2) Consultant: Halff Associates, Inc.
(3) Other: None
[Obtain approval for the limits shown for SC S.O�A thru 5.04D. from Czty before finalizing Contract
DocumentsJ
SG5.04A., "Contractor's Insurance"
The limits of liability for the insurance required by Paragraph GC-5.04 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.
Statutory limits
Employer's liability
$100, 000 each accident/occurrence
$100, 000 Disease - each employee
$500,000 Disease - policy limit
SG5.04B., "Contractor's Insurance"
CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 80 PART I
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01499
Revised December 20, 2012
007300-3
SUPPLEMENTARY CONDITIONS
Page 3 of 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
?4
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
4I
42
43
44
45
46
47
48
49
50
51
52
53
54
55
5.04B. Commercial General Liahility, under Para�aph GC-5.04B. Contractor's Liability Tnsurance
under Paragraph GG5.04B., which shall be on a per project basis covering the Coniractor with
minimum limits of:
�l, 000, 000 each occurrence
$2, 000, 400 aggregate limit
The policy must have an endorsement (Amendment — Ag�-egate Limits of Insurance) making the
General Aggregate Limits apply separately to each job site.
The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's.
Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance.
SC 5.04C., "Contractor's Insurance"
5.04C. Autornobile Liability, under Para�aph GC-5.04C. Contractor's Liabiiity Insurance under
Paragraph GC-5.04C., which shall be in an amount not less than the following amounts:
(1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto",
defined as autos owned, hired and non-owned.
,$1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at
least:
$250, 000 Bodily Injury per person 1
$50�, 000 Bodily Injury per accident /
$100, 000 Property Damage
SC-5.04D., "Contractor's Insurance"
The Contractor's consUuction 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 properiy. Such operations on railroad properties may require that Contractor to execute a"Right of
Entry Agreement" with the particular railroad company or companies involved, and to this end the
Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute
the right-of-entry (if any) required by a railroad company. The requirements specified herein ]ikewise relate
to the Contractor's use of private andJor 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 Iong as the Contractor's operations and work cross,
occupy, or touch railroad property:
(1) General Aggregate:
(2) Each Occurrence:
Reguired for this Contract
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
�Confrm Limits with Railroad
�Confirm Limits with Railroad
Not required for this Contract
SANITARY SEWER REIIABILITATION CONTRACT 80 PART 1
City Project No. 01499
007300-4
SUPPLEMENTARY CONDITIONS
Page 4 of 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
2l
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
With respect to the above outlined insurance requirements, the following shall govern:
l. VJhere 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 Iocations on the line or lines of the same
railroad company, separate coverage may be required, each in the amount stated above.
2. Where more than one railroad company is operating on the sasne right-of-way or where several
railroad companies are involved and operated on their own separate rights-of-way, the Contractor
may be required 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 b ade separation or at-
grade crossing, insurance coverage for this work must be included in the policy covering the grade
separation.
4. If no b ade separation is involved but other work is proposed on a railroad company's right-of-
way, ail 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 raiIroad right-of-way
has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition,
insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way.
Such insurance must name the railroad company as the insured, together with any tenant or lessee of the
railroad company operating over tracks involved in the Project.
SC-6.04., "Project Schedule"
Project schedule sha11 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:
Bu�zsaw location, Resources/02-Construction Documents/SpecifrcaZions/Div 00-General Conditions/CFW
Wage Rate Table 20080708.pdf
SC-6.09., "Permits and Utilities"
SC-6.09A., "Contractor obtained permits and licenses"
The following are known permits and/or licenses required by the Contract to be acquired by the Contractor:
None
SC-6.09B. "City obtained permits and licenses"
The fotlowing are known permits and/or licenses required by the Contract to be acquired by the City: 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:
CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 80 PART I
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Ciry Project No. 01499
Revised December 20, 2012
007300-5
SUPPLEMENTARY CONDITIONS
Page 5 of 6
1 Outstanding Permits and/or Licenses to Be Acquired
OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE
OF POSSESSION
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
I8
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
4Q
4l
42
43
44
45
46
47
48
49
50
None
SC-6.24B., "Title VI, Civil Rights Act of 1964 as amended"
During the performance of this Contract, the Contractor, for itseif, its assignees and successors in interest
(hereinafter referred to as the "Conixactor") agrees as follows:
1. Compliance with Regulations: The Contractor shall comply with the Regulation relative to
nondiscrimination in Federally-assisted prob ams of the Department of Transportation (hereinafter,
"DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to rime,
(hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part
of this contract.
2. Nondiscriminaiion: The Contractor, with regard to the work performed by it during the contract, shall
not discriminate on the grounds of race, coIor, or national origin, in the selection and retention of
subcontractors, including procurements of materials and ]eases of equipment. The Contractor shali not
participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the
Regulations, including employment practices when the contract covers a program set forth in
Appendix B of the Regulations.
3. Solicitations for Subcontractors, Including Procurements of Materials a�d Equipment: In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under a subcontract, including procurements of materials or leases of equipment, each
potential subcontactor or suppIier shall be notified by the Contractor of the Contractor's obligations
under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or
national origin.
4. lnformation and Reports: The Contractor shall provide all information and reports required by the
ReguIations or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information and its faciIities as may be determined by City or the Texas
Department of Transportation to be pertinent to ascertain compliance with such Regulations, orders
and instructions. Where any information required of a contractor is in the exclusive possession of
another who fails or refuses to furnish this information the contractor shall so certify to the City, or the
Texas Department of Transportation, as appropriate, and shall set forth what efforts it has made to
obtain the information.
5. Sanctions for Noncomp(iance: In the event of the Contractor's noncompliance with the
nondiscrimination provisions of t11is Contract, City shall impose such contract sanctions as it or the
Texas Department of Transportation may determine to be appropriate, including, but not limited to:
a. withholding of payments to the Contractor under the Contract until the Contractor
complies, and/or
b. cancellation, termination or suspension of the Contract, in whole or in part.
6_ Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through
(6) in every subcontract, including procurements of materials and leases of equipment, unless exempt
by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with
respect to any subcontract or procurement as City or the Texas Department of Transportation may
direct as a means of enforcing such provisions including sanctions for non-compliance: Provided,
however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a
CiTY OF FORT WORTH SANITARY SEWER REHABILITATfON CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01449
Revised December 20, 2012
007300-6
SUPPLEMENTARY CONDITIONS
Page 6 of 6
l
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
subcontractor or supplier as a result of such direction, the contractor may request City to enter into
such litigation to protect the interests of City, and, in addition, the contractor may request the United
States to enter into such litigation to protect the interests of the United States.
Additional Title VI requirements can be found in the Appendix.
SC-7.02., ��Coordination"
The individuals or entities listed below have contracts with the Ciry for the performance of other work at
the Site:
None
Vendor Scope of Work Coordination Authoritv
SC-8.01, "Communications to Contractor"
None
SC-9.01., "City's Project Representative"
The following firm is a consultant to the City responsible for construction management of this Project:
None
SC-13.03C., "Tests and Inspections"
None
SC-16.O1C.1, "Methods and Procedures"
None
END OF SECTION
CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. OI499
Revised December 20, 20I2
. .. ... _, . .. , . .. _ _ . .
� �' . ' � ' ,' � � ` , ; .
� � �
, . . , r' •., �} a } � . .
..-:, j , i
ir�r � . �� � , � ; , . , ' . • . , ,
_ . .:; ,r �. ' L,. ` '�., .
, � , ",ti� � V; ,_ ; , � . , '
� , , , , �
ti, I�
. , ;.. . .
, : . . '. . . . _ _ . , _ „ . _. . � . . , . .._ ,. . . , . .
�I . , _. , . . _ _. . . ( , , _. -. _ . . . - ,
� • . . '� I
• i
t . ' .
�' . � �
•. i ..
,,
� , ' ! . •• _.. . , .
Division O1 — General Requirements
O] 1900-I
SUMMARY OF WORK
Page 1 of 3
]
2
3 PARTl- GENERAL
4 l.i SUIYIMARY
SECTION O1 11 00
SI:�✓IMARY OF WORK
5 A. Section Includes:
6 1. Summary of Work to be perfarmed in accordance with the Contract Documents
7 B. Devia�iorzs from this Cily of Fort Worth Standard Specification
8 1. None.
9 C. Reiated Specification Sections include, but are not necessarily Iiznited to:
10 1. Division 0- Bidding Requirements, Contract Forms, and Conditions of the Contract
11 2. Division 1- General Requirements
I2 1.2 PRICE AND PAYMENT PROCEDURES
13 A. Measurement and Payrnent
i4 1. Work associated with this Item is considered s�bsic�iary to the varzous ite�ns bid.
I5 No separate payrnent wiil be allowed for this Item.
1 d 1.3 R.EFERENCES [NOT U�ED]
� 7 1.4 ADNIlNI5TRATIVE REQUIItEMENTS
I8
19
20
2t
?2
23
24
25
26
27
28
29
30
3i
32
33
34
35
36
37
38
A. Work Covered by Contract Documents
1. Work is to incIude furnishing all labor, materials, and equipment, and perfonning
all Work necessary far this cans�ruction project as detailed in tl�e I?rawings and
Specifications.
B. Subsidiary Work
1. Any and aII Work speci�cally governed by documentary requiremenis for tl�e
project, such as conditions imposed by the Drawings or Cont�-act Documents in
whicl� no specific item for bid has bee�� provided for in the Proposal and the item is
not a typical unit bid item included on the standarct hid item list, then the item shall
be considered as a subsidiary iteim af Work, the cost of which shall be iF�cluded in
the price 6id in the Proposal for various bid iterns.
C. Use of Premises
I. Coordinate uses of prerr3ises under direction of the Ci�ty.
2. Assume full responsibiiity for protection and safekeeping of materials and
eqtEipment stored on the Site.
3. Use and occupy only portions of the pubtic streets and alleys, or other public p�aces
or other righ#s-of-way as provided for in the ordinances of the City, as shown in the
Contract Documents, or as may be specifically authorized in writu�g by the City.
a. A reasonable amount of tooEs, materials, and equipment for construciion
pu�poses may be stored in such space, hut no more tf�an is necessary to avoid
delay in tiie construction operations.
CITY OF POR'I' WOI2TH SATVITARY SEW�R REHABILITATIOiV CONTRACT 80 PART F
STANDAI2D CONSTRUCI"ION SPT;CIf�ICATIOi� DOCUMENTS City Project No. 04I99
Revised I}ecember 20, 2012
OI I100-2
SUMMARY OF WO12K
Page 2 of 3
1 b. Excavated and waste materials shall 6e stored in such a way as not ta interfere
2 wit�► the use of spaces that may be designated to be left free and unobstructed
3 and so as noi to inconvenience occupants of adjacent properiy.
4 c. Lf tl�e street is occupzed by railroad tracks, tl�e Work shaIl be carried an in such
5 manner as not to interfere witt� the operation of the railroad.
6 1) All Work shal} be in accordance with railroad requirements set forth in
'7 Division 0 as weli as the raiiroad permit.
8 D. Work withi.n Easemez2ts
9 1. Do not enier upon privaie property far any purpose without having previousiy
l0 obiained pernnission from the owner of such property.
13 2. Do not store equipment or material on private property u�ifess az�d until the
72 specified appravaI of the pro�erty owner has been secured in writing by the
i3 Cantractor and a copy furnished to the City.
I4 3. Uniess specifically provided otherwise, clear a11 rights-of-way or easements af
I S obstructioi�s which �rtust be remavec� to make possibie proper prosecution of the
16 Work as a part of the project construction operations.
17
l8
i9
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
4t?
�1
�. Preserve and use eve�y precaution to prevent damage to, alI irees, shrubbery, plants,
Iawns, fences, culverts, curbing, and all oti�er types of structures or irr�provements,
to ali water, sewer, and gas lines, to all canduits, overhead pole lines, or
appurtenances thereof, inc3uding the construction of temporary fences and to a1i
other pubiic or private property adjacent to the Work.
5. Natify the proper representatives of the owners or occupants of tl�e pubiic or private
lands of interest in lands which rnight be afFected by the Work.
a. Such notice shall be macfe at ieast 48 hours in advarice of the beginning of the
Work.
b. Notices shall be applicable to bat� pLzblic and private uti}ity companies and any
cozporation, company, individual, or otlaer, either as owners or occupants,
whose Iand ar inierest in iand might be affected by the Work.
c_ Be respansible for ail dama�e ar injury to property of any charac�er resulting
from any act, oxnission, neglect, or misconduct in t}�e rnanner or method or
execution of the Work, ar at any time due to defective work, material, or
equipment.
6. Fence
a. Restore alt fences encountered and reznoved during construction of the Project
to the original or a better than Qriginal condition.
b. Erect temporary fencing in piace of the fencing removed whenever the Work is
not ir� progress and when tlie site is vacated overnigh#, and/or at atl times to
provide site security.
c. The cost for all fence work within easements, including rerrfovaI, temporaz-y
clos�.Eres and replacement, shall be subsidiary to tt�e various items bid in the
project progosal, untess a bid item is specifically provided in the proposai.
CITY O� i�ORT WORTH SANiTARY SEWER f2EHABELITATION CONTRACT 8fl PART ]
S"iANDARD CONSTRUCTION SPECIFICt1TI0N DOCUMENTS City Project No. Q4194
Revised IJecember 20, 2012
Ol 2100-3
SUMMARY OF WOT2K
Page 3 of 3
1 1.S SUBMITTALS [NOT USED).
2 1.6 ACTION SUBNIITTA LS/INFORMATIONAL SUBMITTALS [NOT USED]
3 1.7 CLOSE4UT SUSMITTALS [NOT USED]
4 1.8 MAINTENANCE MATERIAL SUBMITTAL,S [NOT USED}
5 1.9 QUALITY ASSURA.NCE [NOT USED]
b 1.10 DELIVERY, STORA.GE, AND HANDLTNG [NOT USED}
7 l..il FIELD [SITE] CONDiTIONS [NOT USED]
8 1.12 WA.�2RANTY jNOT USED]
9 PART 2- PRODUCTS [NOT US�D]
10 PART 3- EXECUTION [J.`dOT iTS�D]
11 END OF SECTION
I2
t3
CITY OF F(?12T WO1ZTFi SANITARY SEWEK REHASILCTA'TION CON"i'RACT $0 PART i
STANBA72D CflNSTRUG'I'10N SPECtFiCATtON DOCCJMEN'CS City Project No. 04199
Revised Dece�nber 20, 2012
0125�0-I
SUBSTITUT3nN AROCEDURCS
Page i of 4
�
2
3 PART i - GENEi2AL
4 1.1 SUMMARY
5
6
7
8
4
IQ
Il
12
]3
i4
15
16
17
]8
19 1.2
sEc�coN o� Zs o0
SUBSTITUTION PROCEDURES
A. Section Includes:
1. The procedure for requesting the approvat of substitution of a product that is not
equivalent to a prodt�ct whzch is specified by descriptive or perforrr►ance criteria or
de�ned by reference to � or more of tl�e foiiowing:
a. Name of manufacturer
b, Name oivendor
c. Trade name
d. Catalog number
2. Substitutions are not "or-equaIs".
B. Deviations fro�n t1�is City of Fort Worth Standard Specification
1. None.
C. Related Specificatian Sections include, b�it are noi necessarily limited to:
l. Division 0— Biciding Requirert�ents, Coniract Forms and Conditions of the Contract
2. Division 1— General Require�nents
PRIC� AND PAYMENT PROCEDURES
20 A. Measurement and Payment
22 1. Work associated with this Item is considered s�.►hsidiary to the variaus items bid.
22 No separate payznent will be allowed for tflis Item.
23 1.3 REFERENCES jNOT USED]
24 1.4 ADMINTSTR.AT�V� REQITIREMENTS
25
26
27
?g
29
30
3t
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 wiii
consider farmai requests from Contractor for substitution of products i�� piace of
those specifed_
2. Certain types of eqtitipment and kinds of material are described rn Specifications by
rr�ea��s of references to ��aanes of rr►anufacturers and vendars, trade names, or
cata[ag ncimbers.
a. When this method of specifying is used, it is noi intended to exciz►de from
considerafiion other prodvcts bearing other manufacturer's or vendor's names,
trade narries, or catatog ��urrtbers, �rovicled said products are "flr-eqc�als," as
determined by City.
3. Other types of equipment and kinds of jnateriai Inay be acceptable substitutions
under tl�e foltowing conditions:
a. Or�eqc�als are unavailab[e due to strike, discontinuecl prod�.►ction of prodticts
meeting specified requirements, or other factors beyond control oF Contractor;
or,
CITY OF FOI2T WORTH SAtViTARY SEWER RL"l-}A�31LI"i'ATION CUIVTRACT 80 PART 1
S'C'ANDAE2D COI�ISTRUC7'ION SPFCIFICA'I'ION UOCUMENTS City Project No. 01499
Revised July 1, 201 i
Qi2500-2
SLIBSTITUTION PROCEDUItES
Page 2 of 4
i�. Contractor proposes a cast and/or time reduction incentive to tl�e City.
2 1.5 SUBMiTTA.LS
3 A. See Request for Substitntion Form (attached)
4 B. Procedure for Requesting Substitution
5 1. Substitution shall be considered only:
6 a. After award of Contract
7 b. Under the conditions stated herein
8
9
Ifl
ii
12
l3
14
t5
16
17
18
19
ZQ
21
22
23
?4
25
26
27
?g
29
30
J�
32
33
34
35
36
37
3$
39
40
4i
42
2. Submit 3 copies of each written request for substitution, includitig:
a. Documentation
1} Complete data siibstantiating compliance of proposed substitution with
Contract Documents
2) Data relating to chanoes in constrEzction schedule, when a reductioF�t is
propased
3) Data retating to changes if� cost
b. For products
I) Product identificaiion
a) Manufactarer`s name
b) Telephone number and representative contact name
c) Specification Seciian or Drawing reference of originally specified
product, inciuding discrete name or tag number assi�ed to origina�
product in the Contract Documents
2) Manufacturer's literature c]early rnarked to show compiiance of proposed
product with ConNact Documents
3) itemized comparison of original and proposed product addressing praduct
characteristics including, but not necessarily limited to:
a) Size
b} Compositian or matecials of canstruction
c) Weight
d} EIectrical or mecl}artieal requirements
4) Product experier�ce
a) Location of past projects utiIizing product
b) Name and telephoiie number af persons associated with referenced
prajects knowledgeabie concerning proposed product
c) Available �etd da#a and reports associated with proposed product
5} Sampies
a} Pravide at request of City.
b) Samples become the property of the CiLy.
c. For construction methods:
1) Detailed description of proposed meihod
2) Illustration drawings
C. Approval or Re�}ection
I. Written approval° or rejection of siibstitntion given by the City
43 2. City reserves the right to require �proposed product to comply with coior and pattern
44 of specified product if necessary to secure design intent.
45 3_ In ille event the substit��tion is approved, the result[ng cost and/or time red«ction
46 wiil be documented by Change Order in accordance with tt�e Generai Conditions.
CiTY OF FORT WQTtTH SANITARY SEWER REHABILITATION CONTRl3CT 80 PART i
STAI�DARD CONSTRUCTION SPECIFICATIOI�I DQCUM�.NTS City Project No. O 1499
Revised 3vly i, 201 i
012500-3
SUi3STFTUTTON PROCEDLTRES
Page 3 of 4
1 4. No additional contract time will be given for substitution.
2 5. Substitution wili be rejected if:
3 a. Subinittal is not through the Contractor with his sta.mp of approvai
4 6. Request is not made in accordance with this Specification Section
5 c. In t�e Ciiy's opinion, acceptance will require substantial revzsion of the original
6 design
7 d. In the City's opir�ion, sabstitution will not perform adeGuateiy the function
8 consistent with the design intent
9 1.6 ACTIUN SUBMITTALSIINFORMATIONAL SUBNIITTALS [NOT USEDj
I O 1.7 CLOSEOUT SUBMITTALS [NOT USEDj
I 1 1.8 MAINTENANCE MATERIAL ,5�[TBIVIITTALS [NOT USEDj
I2 1.9 QUALITY ASSURANCE
i 3 A. in making request for substitution or in using; an appraved product, the Contractor
i 4 represents tl�at the Contractor:
15 1. Has investigated proposed product, and has determined that it is adequate or
I6 superior in al1 respects to that specified, and that it will perform function for which
� � ii is intended
1 g 2. Will provide same guarantee for substitute item as for product specified
19 3_ Wiil coordinate installation of accepfied substitution into Work, to include buiiding
20 �nodz�cations if necessary, making such changes as may be required for Work to he
21 complete in aiJ respects
�z 4. Waives ai) ciai��s for additional costs related to substitution which subseqttet�tly
23 arise
24 1.10 DELiVEl2�', ST�RAGE, AND HANDLING [NOT USED]
25 l.11 FIELD [SiTE] C�NDITIONS [NOT USEI}�
26 1.12 WARRA.NTY [NOT USEDJ
27 PART 2- PRODUCTS jNOT USED]
28 PART 3- EXECUTION jN07C USED]
29
30
31
END OF SECTION
C(TY OF FOR'C WURTH SANITARY SEWT:R REHABILITATION COIVTRAC7 80 PAR1" 1
STANDAI2D CONSTRLfCTIQN SPEC[F]CATION DOCUiv1F..NTS City Project I�io. 01�494
Revised July l, 20l i
01 25 00 - 4
SUBSTITLFTTpN PktOCEDURES
Page ? of 4
I
�
3
4
5
6
7
8
9
l0
L�I
12
13
14
15
16
17
I8
19
20
2I
22
23
24
25
26
?�
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
EXHIBIT A
REQUEST FOR SUBSTITUTION FORM:
TO:
PROJECi': DATE:
We hereby submit for your consideration the fallowing praduct instead of #he specified item for
the above project:
SECTION PARAGRAPH SPECIFIED ITEM
Proposed S�ibstitution:
Reason for Substitution:
Incfude complete information on changes to Drawings and/or Specifications w�ich proposed
substitution will require for its p.roper instaiiation.
Fii] in Bianks Below:
A. �Vill the undersigned cor�tractor pay for cha.ilges to the building design, inc�uding engii�eering
and detailing casts caused by the requested substitution?
B. Wha� effect does substitu�ion have on other trades?
C. Differences between proposed s��bstitution a.nd specified item7
D. Differences in groduc! cost or product deIivery time?
E. Manufacturer's guarantees of tlie proposed and specified items are:
Eq�.zal Better {expiain on attac�unent)
The undersigned states that t��e fiinctior►, appearance and quality are equivalent or superior to the
specified item.
Submitted By: For Use by City
Sigi�ature
as notec!
Firm
Address
Date
Telepl�one
For Use by City:
Approved
City
_ Recomme��ded _ Recom�nended
Not recom�riended Received ]ate
By
Date
Remarfcs
Date
CITY UF FORT WORTH
STANDARD CONS'1'RUC"I'ION SPECIF3CATION DOCUNtENTS
�tevised July l, 2011
Rejected
SANCTARY SEWER REHABILITATION CONTRACT SO PART i
City Project No. QI499
013119-i
PRECOI�iSTRUCTIO?J NIEE7LPIG
Page ] of 3
1
2
3 PART1- GENERAL
4 1.1 SUMMARY
SECTION 01 31 19
PRECONSTRUCTI4N MEETING
5 A. Section Includes:
6 1. Provisions far the preconstruction meeting to be held prior to the start of Work to
? clarify construction contract administration procedures
8 B. Deviations from tl�is Cily of Fort Worth Standard Specification
9 1. None.
T� C. Related Specification Sections include, b�.�t are not necessariJy Iimited to:
I 1 1. Division 0— Bidding Requirements, Contract Forms and Co��ditzons of the Contract
12 2. Division 1— Generai Requirements
I3 1.2 PRICE AND PAYMENT PROCEDURES
I4 A. Measuremen# and Paymen#
15 1_ Work associated with tlais Item is considered subsidiary to the varioas items bid.
16 No separate payment wzll be allowed for this Ite�n_
17 1..3 REFERENCES �NOT USEID�
18 1.4 ADMINISTRATiVE REQUIREMENTS
19
2fl
2i
22
23
24
25
26
?�
2$
29
30
31
32
33
34
35
36
37
38
A_ Coardination
1. Attend preconstn.iction meeting.
2. Representatives of Contractor, subcontractors and suppliers attending meetings
sha1l be quaiified and authocized to act on behalf of the entity each represents.
3. Mee�ing administered by City may be tape recorded.
a. If recorded, tapes will be used to prepare mii�utes ar�d retained by City for
future reference.
B. Preconsiruction Meetinb
1. A preconstruction meeting wilE be [�eld wi#l�in ] 4 days after tl�e execution of the
Agreement az�d before Work is started.
a. The meeting wilt be scheduled and admi��istered by t�e City.
2. The Project Representative will preside at the meeting, prepare the notes of#he
aa�eeting and distribute copies of same to ail participants who so request by fi�ll}�
compieting the attendance form to be circulated at the beginning of tl�e meetii�g.
3. Attendance shaii incl�ade:
a. Project Representative
b. Contractor's project manager
a Contractor's superintendent
d. Any subco»tractoz- or supptier representatives �nrhom the Contractor inay desire
to invite or the City may request
CITY OF FQR3' WORTH SANITARY SEWER R£HABILITATTON CON1"RAC`4' 80 PAFt'I' 1
STANDAI2D CONSTRUC3'fON SPECIFtCATION DOCUMENTS City Project No. Q1499
Revised August 17, 2012
Ol3l 19-2
1'IZ�CONSTRLICTION MEETIIVG
Page 2 of 3
I
?
3
4
5
6
7
8
9
14
11
12
I3
14
IS
16
17
]8
19
?p
21
22
23
24
25
2b
27
28
29
3 (J
31
32
33
34
3ti
3b
37
38
39
40
�]
42
43
44
45
e. Otl�er City representatives
f Others as appropriate
4. Cons�ruction Scheduie
a. Prepare baseline construction schedule in accordance with Section 4I 32 l 6 and
provide at Precanstruction Meeting.
b. CiLy will notify Contractor of any schedule changes upo�� Notice of
Preconstruction Meeting.
5. Preliminary Agenda may include_
a. Introduction of Froject PersonneI
b. General Description of Project
c. Status of right-of-way, utility ciearances, easerrtents or other pertinent permits
d. Coniractor's work ptan and schedule
e. Contract Time
f No#ice to Proceed
g. Construction Staking
h. Pro�-ess Payments
i. Eafi-a �Voric and Change Order Procedures
j. Field Orders
k. Disposai Site Letter for Waste Materiai
1. Insurarzce RenewaIs
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. Lega1 Holidays
s. Trench Safety Pians
t. Confined Space Entry Standards
u. Coordination with the City's representative for operatioi�s of existing water
systems
v. Storm Waier Potlution Prevention Plan
w_ Coordination with oiher Contraciors
x. Early Warning System
y. Coz�tra.ctor Evaluation
z. Special Conditions appiicable to the project
aa_ Damages Claims
bb. Submitial Procedures
cc. S�bstitution Procedures
dd. Correspondes�ce Routin�
ee. Record Drawings
ff Temporary construction faciiities
gg. M/WBE or MBE/SBE procedures
l�h_ Final Acceptance
ii. �inaI Payment
jj_ Questions or Comments
CITY OF FORT WORTH SANi"fARY SEWfiR REHASILiTAT10N CONTRACT 80 PART l
STANDARD CONSTRUCTION SPE�IFICATION DOCUiV(ET�(TS City Project No. Oi499
Revised A bwsY 37, 20I2
01 31 I9 - 3
PRECONSTRi3CTI0N ME6TINCi
Page 3 of 3
I 1.5 SUBMITTALS jNOT USElD]
2 1.6 ACTION SUBNIITTALSiINFORMATIONAL SUBMITTALS [NOT USEDj
3 1.7 CLOSEOUT SUBNIITTALS [NOT USED�
4 1.8 MAINTENANC� MATER7AL SUBMITTALS [NOT USEDJ
5 1.9 QUALITY ASSURANCE [NOT USEDj
6 110 DELIVERY, ST4RAGE, AND HANDLING [NOT USED]
7 I.11 FIELD [SITEj CONDTT'iONS [NOT USED]
8 1.12 WARRANTY [NOT USED]
9 PART 2- PRODUCTS [N�T USED]
IO PART 3- EXECUTION [NOT` USED]
il
t2
13
END OF SECTION
CJTY OF FORT WORTH SANITA[tY S£WER REHABILITATldN C�N'i'12ACT &0 PART 1
STANAARD CC3NSTRUCTiON SPEC[F[CATiON DOCUMENTS CityProjectNo. 01499
Revised Aua t5T ] 7, 2012
013120-1
PROJECT MEE'T'INGS
Page 1 of3
l
2
3 PART3- GENERAL
4 1.1 SUMCMAT2Y
5
6
7
8
9
10
I1
i2
13
14
SECTIOl�i Ol 3i 20
PRO.TECT MEETING S
A. Seciion Includes: ,
1. Provisions for project meetin�s thraughout the construciion period to enable orderIy
review of the progress of the Work and ta provide for systematic discussion of
potentiat problems
B. Deviat'sos�s this City ofFort Worth Standard Specification
l. None.
C. Related Specificatian Sections inciude, but are not necessarily Iimited to:
1. Division 0— Bidding Requirements, Contract Porms and Conditions of the Cantract
2. Division 1— General Requirements
1.2 PRICE AND PAYMENT PROCEDU.RES
I S A. Measurement and Payment
16 l. Work associated with this Itern is considered stabsidiary to the vario�.is items bid.
17 No separate payment will be allowed for this Item.
18 1.3 REFER�NCES (NOT USED]
19 1.4 ADMINISTRATIVE REQiJIR.�MENTS
20
2t
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
3$
A. Coordination
1. Schedtale, attend and administer as speci�ed, periodic progress meetings, and
specialiy calied �neetings t13roLlghout progress af the Work.
2. Represa��tatives of Contractor, subcontractors anc� suppliers a#tending meetings
shali be qualifed and authorized to act on behaif af the entity each represents.
3. Meetings admi»istered by City may be tape recorded.
a_ If recardec�, tapes will be used to prepare mintites and retained by City for
fiiture reference.
4. Meetings, izz addition ta those specified ir► this Section, may be held when requested
by the City, Engineer or Contractor.
B. Pre-Constructiof� Neig(Zborl�ood Meeting
1. After tl�e executiort of tlze Agreement, but before cons�truction is aliowed to begin,
attend i I'�zblic Meeting with affected residents to:
a. Present pro�ected scl�edule, incEudiz3g coi�struetion start date
b. Answer any cons4ruction related q�.iestions
2. Meeting Location
a_ Locatian of ineetii�g to be deter�nined by the City_
3. Attendees
a. Contractor
CITY OF FORT WORTF�t SANITARY SEWER REHABILITAT[ON CONTRAC'T 80 PAKT 1
S`CANDARD CONS'I'RUCTION SPECtFfCATtON DOCUMENTS City F'roject No. O1499
Revised Juiy 1, 201 l
O1 31 20 -2
P120JECT MEETINGS
Page 2 of 3
I
2
3
4
5
6
b. Project Representative
c. Other City representatives
4. Meeting Schedule
a. In general, the neighborhood meeting wilI occur within the 2 weeks foliowing
the pre-construction conference.
b. In no case will construction be allowed to begin until this meeting is held.
7 C. Progress Meeti��gs
8 1. Formal project coordination meetizigs wiii be held period2cally. Meetings will be
9 scheduled and administered by Project Representativ�.
10
11
]2
13
14
IS
16
17
18
19
20
21
22
23
24
25
26
27
?g
2
3
�
Addi�ional progress meetings 4a discuss specific topics witl he conducted on an as-
needed basis_ Sucla additionai rneetings shail include, but not be Iimzted to:
a_ Coordinating shuEdowns
b. Installatioi� ofpiping and equiprnent
c. Caordination between other construction projects
d. Resolution of constructioi� issues
e. Eqaipmei�t approval
The Pro�ect Representative wili preside at progress meetings, prepare the notes of
the meeting and distribute copies of the same to a11 participants who so request by
fuily completing ihe attendance form to be circulated at the beginning of each
meeting.
Attendance sha(l include.
a. Conh-actor's project manager
b. Contractor's superintendent
c, Any subcontractor or suppIier representat�ves wl�om the Coniractor 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
29
30
31
32
33
34
35
36
37
38
39
40
4l
42
43
4�
45
46
47
48
5. Prelunznary Agenda may include:
a_ Review of Work progress since previous mee#ing
b. Field observations, prablems, confE�cts
c. Ttenres which iinpede cons#ruction scl-►edute
d. Review of off-site fabrication, deiivery schedutes
e. Review of construction interfacing and sequencing requirements with other
construc#ian contracts
f. Corrective measures and procedures to regain projected schetiule
g. Revisions to constructio�l schedule
h. Progress, scheduie, di�ring succeeding Work period
i. Coordination of sched��les
j. Review submittal scI�edules
k. Mai�ltenance ofquality standards
C. Pencling ciianges and substitutions
�n. Review proposed chaj�ges for:
1) Fffect on constructio�� schedule and on comp(etion c�ate
2) Effect o�l other contracts of the Project
n. Review Record Docurnents
o. Review montf�ly pay request
p. Review statt�s of Requests for Information
CITY OF FORT WORTH SANITARY SEWER REHABILiTATION CONTRACT 80 PART i
STANDARD CQNSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01494
Revised S��ly I, 2011
013120-3
PROJLC'3' MEETINGS
Page 3 of 3
1 5. Meeting Schedule
2 a. Progress �eetings wi]i be held periadically as determined hy the Project
3 Representa.#ive.
4 1) Additional meetings may be held at the request of the:
5 a) City
6 b) Engineer
� c) Contractor
3 7. Meeting Location
9 a. Tl�e City will establisl� a zneeting Iocation.
10 I) To the extent prac#icable, �►eetings wzll be beId at the Site.
1 i 1.5 SUBMITTALS [NOT USED)
12 1.6 ACTION SUBMITTALStINFORMATIONAL SUBMITTALS [NOT US.EDj
13 1.7 CLOSEOUT SUBMITTALS [NOT USED]
14 1.8 NiAINTENANCE MATERIAL SUBMITTALS [NOT USED]
I S 1.9 QUALI`I`Y ASSURANCE [NOT USEDj
I6 1.10 DELIVERI', STORAGE, AND �iANDLING [N4T USED]
17 1.11 FiELD [SITE] CONDI7'I4NS [NOT USED]
18 1.22 WARRANTY [NOT USED�
t 9 PART 2- PRODUCTS (NOT USED]
20 PA12T 3- EXECUTI�N [NOT USE�3]
2I
22
23
END UF SECTI4N
CITY OF FORT WORTH SAN[T'AltY SEWER REHASILITATION COM'RACT 80 PART 1
STANt?ARD CONSTRUC7"iON SPECfFICA'i'4QN DOCUMENTS City Project No. Ot449
Revised Ju[y l, 2Di 1
Ol32lb-1
CONSTFZUCTION PROGRESS SCHEDULE
Page ] of 5
1
2
3 PARTI- GENERAL
4 1.1 SUMMARY
SECTION O1 32 16
CONSTRUCTION PROGR�SS SCHEDULE
5 A. Section Includes:
6 1_ Generai requirements for the preparation, submittaJ, updating, status reportii�g and
� management of the Canstruction Progress Schedule
8 2_ Speczfic requirements are presentecE in #he City of Fort Wort(� Schedule Guidance
9 Document
10 B. Deviations frorn this Ciry of Fort Worth Stai�dard SpeciFcation
1 l l . None.
12
13
14
i 5 1.2
1�
17
18
19 1.3
2Q
21
?2
23
24
25
26
27
28
29
30
3!
32
33
34
35
36
37
38
39
40
C. Re3ated Specificatzon Sections include, but are not necessarily Iiinited to:
1. Division Q— Bidding Requirements, Contract Forms and Conditions af the Co;�tract
2. Division 1— General Requirernents
PRICE AND PAYMENT PROCEDURES
A. Measurement ar�d Payment
1. Work associated with this Item is considered subsidiary to #he variot�s items bid_
No separate payment will be allowed for this Item.
REFERENCES
A. Definitions
1. Sched�.21e i"rers
a. Tier 1- No schednle subrnitta( renuired by contract. SmaiI, brref duration
projects
b_ Tier 2- No scl�edule su�snittal required by contract, 6ut wiil require some
tnilestone dates. Small, brief dEiration projects
c. Tier 3- Schedule submittal required by cot�tract as described in the
Specification and I�ereii�. Majority of City projects, including al� bond program
projects
d. Tier 4- Scheduie siibmitta( required by contract as described ii� the
Speci�cation and hereiz�. Large and/or complex projects witlz long durations
i) Examples: large water pi�mp station project and associated pipeline with
interconneciion ta anotl�er governme�-�tat entity
e. Tier 5- Schedule submittal required by contract as described i�t the
Specificatiot� and herein. Large and/or very complex projects with Iong
durations, high public visibi]ity
1} Examples might include a water or wastewater treatment plant
2. Baseiine Schedule - Initial schedule submitted before worls begins that wiit serve
as the base(ine Far measuring progress and departures fro�n the schedule.
3. Progress Seheduie - Mc�nthly submitkal of a progress schedule documenting
progress on the project and any ci�anges anticipated.
CiTY OF PORT WORTH SANITARY SI.W6R REHAB[LITATIOIV CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPEC1FiCAT30N DOCUMLTiTS City Project No. 01499
Revised 3uly 1, 201 I
413216-2
CONSTRUCTION PROGI2ESS SCHEDULE
Page 2 of 5
i
2
3
4. �chedule Narrative - Concise narrative of the schedute inciuding schedule
changes, expected detays, key schedule issues, criticai path items, etc
B. Reference Standards
4 1. City of Fort Worth Schedule Guidance Document
5 1.4 ADMTNISTI2ATIVE REQUIREMENTS
6
7
S
9
10
11
12
13
14
l5
A. BaseIine Schedule
i . General
a. Pcepare a cost-loaded baseiine Schedule using approved software and the
Critical Path Method (CPM) as required in the City of Fork Worth Schedtiile
Guidance Documei�t.
h. Review the draft cost-loaded basel�ne Scheduie with the City to demonstrate
understar�ding of the work to be performed and known issues and constraints
related ta the schedule.
c. Designate an authorized representative (project Scheduler) responsibie for
developi�g and updating the schedule and preparing reports.
i6 B. Progress Schedule
I � 1_ Update the progress Scheduie monthly as required in the City of Fort Wocth
I8 Schedule Guidance Document.
I9 2. Prepare the Schedule Narrative to accompany tl�e monthly progress Schedute.
20 3_ Cha�ge Orders
21 a. Incorporate approved cl-cange orders, resuiting in a change of contract time, in
22 the baseline Schedule in accordance with City of Port Worth Schedule
23 Guidance Doc�.�ment.
24 C. Responsibility far ScheduIe Compiiance
25 I_ Whenever it becomes apparent from the current progress Scheduie and CPM Status
26 Report t}zat delays to tl�e criticai p�th have resulted and the Contract compietion
27 date will not be me�, or wl1e�� so directed by the Ciiy, make some or al� of the
28 foilowing actions at no additionai cost to tl�e City
29 a. Submit a Recovery P1an to the City for approval revised baseline Schedule
30 otirtlinin�:
3] 1) A urrit�ei� state�ent of tl�e steps intended to take to remove or arrest tiie
32 detay to the critical path in t.he approved schedule
33 Z) Increase construction manpower in s�.2ch qua3�tities and crafts as will
34 substantially eliminate the backlog of work and return current Scheduie to
35 meet projected baseline completion dates
3b 3) Tncrease the number of working hours per shift, shifts per day, working
37 days per week, the amount oiconstr�ction equipmenf, or any co�r�bination
38 of the foregoing, s��ciently to substantially eliminate the baciclog of work
39 4) Reschedule activities to ach�eve m�imum practical concurrency of
40 accoinpfishment of activities, and compIy with tl�e revised schedule
4l 2. If no written statement of t��e steps intended to take is subrnitted wl�en so requested
42 by the City, tl�e City may direct the Contractor ta increase the level of effort in
43 manpower (trades}, equipme�it and work schedule (overtime, weekend and holiday
44 work, etc.} to be empioyed hy the Contractor in order io remove or arrest tl�e delay
45 to tYte critical path in the approved schedule.
46 a. No additional cost for s��ch work wil} be considered.
CITY OF FORT WORTF3 SANiTARY S£WER REHABI€.ITATION CC}NTRACT $0 PART 1
STANDARD CONSTRUCTION SPECIFTCAI'ION DOCUMENTS City ProjectNo. pt499
Revised July I, 241 !
013216-3
CONSTRUCTION PROGRES5 SCHEDULE
Pa�e 3 of 5
1 I7. The Contract completion tirrze wiil be adjusted only for causes specified in this
2 Contract.
3 a. Requests for an extension of any Contract cornpletion date must be
4 suppiemented with the following:
5 1) Furnish justification and supporting evidence as ihe City may deem
(, necessaty ta determine whether the requested extension of time is en�i#�ed
7 under the provisions of this Contract.
g a} The Czty wiil, after receipt of such justificatio�i a.nd supporting
g evidence, Fnake findings of fact and wiIE advise the Contractor, it�
� p wr�ting thereof.
11 2) If the Ciiy finds that the requested e�el�sion o�time is entitled, tl�e City's
12 determination as to the total number of days allowed for the extensions
13 shaIl be based t�port the approved total baseline schedule and on a]I data
14 relevant to the extension.
� 5 a) Sucl� data shali be included in the next updati��g of the Progress
16 scheduIe_
( 7 b) Actual deiays in activities which, according to the Baseiine schedule,
� g do not affeet any Contract compietion date shown hy the critical path in
� 9 the network will not be the basis for a change therein.
20
21
2?
23
?4
25
2b
27
28
29
30
31
32
33
34
35
36
3%
38
39
40
=€1
42
43
44
45
4&
2
3_
Submit each request for chan�e in Contract completion date to the City within 30
days after the beginnu�g of the delay for which a time extension is requested but
before the date of final payment under this Contract.
a. No time exiensian wiil be granted for requests which are not submitted witllin
the fflregaing time limit.
b. From time to time, it r�ay be necessary for the Contract sct�eduie or compietion
tizne io be adj�zsted by the City to reflect the effects of job conditions, weather,
teehr►icaI d'zffieu�ties, strikes, unavoidable delays o�� the part of t�e City or its
representatives, and other unforeseeable conditions whici� n�ay indicate
schedule adjastments or completion time extensions.
1) Under such conditions, the City wiil direct the Contractor to reschedule the
work or Coi�tract completion tiine to reflect the changed conditions and the
Contractor shall revise his schedt�le accordingly.
a) No additional compensation will be made to the Cor�tractor for such
schedule changes except for unavoidable overail cofltract tin�e
ea#ensions beyond the actual completion of unaffected work, in which
case the Contractor sha13 take a11 possible action to Zninimize any time
extension and any additiai�al cost to tl�e City.
b} Avaitable float time in the Baseline scl�edu(e cnay be used by the City
as weli as by the Co��tractor.
�'loat or siack time is defined as the amount of tiFne between the earliest start date
and the latest start date or betwee�� the earliest fnish date and the latest �nish date
of a chain of activities on the Baseline Scl�edtit(e.
a. �'loat or slack time is not for the exclusive use or benefit of eitl�er the
Contractor or the City.
b. Proceed wi#l� work aceordin� to early s#art dates, and the Ci#y shaIl have the
right to reserve and apportion f7oat time accarding to the needs of tlle project.
CiTY OF FORT WOR'CH SAN]TAI2Y SEWER REHABILITA7'IO1V CONTRACT 80 PART i
S"fANDARD CONSTRUCTION SPECI�ICATIdN DOCUMENTS City Project �lo. 01499
Revis�d July I, 2fl12
O] 32I6-4
CONSTTtUCTIQN PROGRESS SCHEBiJI�E
Page 4 oi� 5
1
?
3
4
5
6
7
8
9
IO
tt
12
13
].4
i5
16
I7
c_ Acknowledge and agree that actuai delays, aCfecting paths of activities
containir�g float time, will not have any effect upon con�-act compietion times,
providing that the actual delay does not exceed the float time associated with
thase activities.
E. Coordi}�ating Schedule with Other Contract Schedules
1_ Where work is to be performed under t}�is Contract concurrently with ar contingent
upon work performed on the sazne faciIities or area under other contracts, the
Baseline Schedule shall be coardinated with the schedules of the other contracts.
a. Obtain the scheduies of the otl�er appropriate corzt�-acts from the City for the
preparation and updating af Baseline schedule and make the required cl�anges
in his scheciule when indicated by clianges in corresponding schedules.
2. In case of interference between the opera�ions of different contractors, the Ciiy will
determine the work prioritv of each coniractor a��d the sequence of work necessary
to expedite the completion of the entire Project.
a. In such cases, the decision of the City shali be accepted as finaI.
b. The temporary delay of any work due to such circumstances slzall not be
considered as justification for claims for additional compensation.
I8 1.5 SUBMITTALS
19 A. Baseline Schedute
20
Zl
22
23
24
25
1. Subm it Schedule in native �ie format and pdf format as required in the City of Fort
Worth Schedule Guidance Document_
�. Native iile format includes_
1) Primavera (Pb or Primavera Contractor}
2. Submit draft baseiine Schediile to City prior to the pre-construction meeting and
bring in hard copy to tl�e meeting for review and discussion.
26 B_ Progress Schedule
27 l. Submit progress Scliedule in native f%[e format and pdf format as required in �E-►e
28 City of Fflrt Worth Schedt.�le Guidance Document.
29 2_ Submit pragress Schedule monthly no later than the last day of the mflft#1�.
30
31
32
33
34
C_ Schedule Narrative
I. Subinit the schedz►le narrative i�� pdf forma# as required in the City of Fort Worth
Schedule Guidance Document.
2. Submit sct�edule narrative monthly no later than the last day af the month.
D. SubmittaI Process
�5 l. The City administers azad manages schedules thraugh Buzzsaw.
36 2. Coc�tractor shall sub�nzt documents as required in the City of Fort Wortl� Schedu(e
3� Guadance Documei�t.
38 3. Once the �raject has been compieted and Final Acceptance has been issued by #he
39 City, no further proaress schedules are required.
CITY OF FOR'I' WORTH SANITARY SEWER REHABlLITATION CONTRACT 8d PART I
S'I'A1VDA.RD CONSTRi1CTlON SPECIFICATIQN DOCLIMENTS City Project No. 01499
Revised J�dy 1, 20] 1
OI3216-5
CONSTRUCTiOIV PROGRESS SCT-iEIIUI.E
Paae 5 of 5
1 l.fi ACTION SUBMITTAL,SlINFORMATIONAL SUBMITTALS [NOT U�ED]
2 1.7 CLOSEOUT SUBMiTTALS [NOT i7SED]
3 1.8 MATNT�NANCE MATERTAL SUBMITT,ALS [NOT USEDj
4 1..9 QUALITY ASSURANCE
5 A. T�e person preparing and revising the constructian P�ogress Scheduie shall be
6 experienced in the prepara#ion of schedules of silniiar complexity.
7 B. Schedule anc� supporting documents addressed in this Speci�cafion shaii be prepared,
8 updated and revised to accurately reflect the performance of tl�e co�istruction.
9 C. Contractor is responsible for the c�uality oiall submittaIs in this sectioz� meeting the
l 0 standard of care for ihe construction industry for si��►ilar projects.
11 1.10 DELNERY, STORAGE, AND HANDLTNG [NOT USED}
12 1.11 FIELD (SITE] CONDITIONS [NOT USEDj
] 3 1.12 WAR�2ANTY jNOT USEDj
14 PART 2- PRODUCTS [NOT LTSED�
15 PART 3- EXECUTION [NOT USED�
i6
i7
18
END OF SECTION
CITY OF FORT WORTH SANITARY SEWER REHABIL(TATiON CON"I'I2ACT 80 PART 1
STANDARD CON5TRUCTION SPECIFICAT[ON DOCUMENTS City Praject No. 01499
Reviseci July l, 2011
013233-t
P3tECONST'RUCTION VIDEO
Page l of 2
1
�
3 P.A_RT 1 - GENERAL
4
5
6
7
S
9
10
I1
ra
13
14
15
16
17
18
19
20
2I
�2
23
24
25
26
27
28
29
30
31
32
33
SECTION 01 32 33
PRECONSTRUCTION VIDEO
1.1 SUNIlVIARY
A. Sectioi� Inctudes:
I. Administrative and proced�zral requirements for:
a. Preco��struction Videos
B. Deviations from this City of Fort Worth Standard Specifcation
i . None.
G Reiated Specification Sec#ior�s incIude, but are t�ot t�ecessarily limited to:
i. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1— General Requirements
1.2 PR.�CE AND PAYMENT PROCEDiTRES
A. Measurement and Payment
1. Work assaciated vvith this Item is consiclered subsidiary to the various items bid.
No separate payment wili be aitowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRA.TIVE REQUIREMENTS
A. Preconstruction Video
1. Produce a preconstruction video of tl�e site/aIignment, including all: areas in the
vicini�y of and to be affected by construction.
a. Provide digitai copy of video upon request by the City.
2. Retain a copy of the preconstructioi� video untii tE�e end of the inaintenance surety
period.
1.5 SUBNIITTALS [NOT USED]
l.b ACTION SUBMITTAL�IiNFORMATIONAL SUSMITTALS [NOT USED]
2.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAIN'TENANCE MATERIAL SUBNIITTALS [NOT USED]
1.9 QiJALITY ASSURANCE [NOT USEDJ
1.10 DELIVERY, STORAGE, AND HANDLING jNOT USED]
1.11 FiELD (SITE] CONDITI4NS [NOT USED]
1.12 WARRANTY [NOT USEll]
PART 2- PRODUCTS jNOT USED]
CiTY OP PORT WORTH SANITARY SEWER RENABTLITATION CONTRI�CT 80 PART 1
STANDARD CONSTRUCTtON SPECiFICAT'ION DOCUMENTS City Project No_ 01499
Revised July l, 201 l
Ot 3233-2
PRECONSTRUCTION VIDEO
Page 2 of 2
PA.R.T 3 - EXECUTION [NOT USED]
END OF SECTIaN
Revision Log
DATE NAME SiJMMARY OF CHANGE
CITY OF FORT WORTH SANITARY SEWER RF_HABIL[TAT101�i CONTRACC 80 PART i
STf1.N.DARD CONSTRUCTTON SPECIFICATION DOCUMENTS City Project I�to. 01499
Revised J�ly l, 2011
fl13300-I
SUBMIi"CALS
Page l of 8
1
2
3 PART 1 - GENERA.L
4 1.1 SUNIlVIARY
5
6
7
9
id
I1
12
13
14
15
16
17
SECTION 4133 00
SUBMITTALS
A. Secrion Ir�cludes:
I. General methods and requirements of subznissions applicahEe to the fotlowing
Work-re]ated submiftals:
a. Shop Drawings
b. Produc� Data {including Standard Product List submittals)
c. Sacnples
d. Mock Ups
B. Deviations from this City of Fort Worth Standard Specification
l. None.
C. Related Speci�cation Sectians incl�.ide, but are not nscessarily lunited to:
1. Division 0— Bidding Requirements, Contract Farms and Conditions of the Contract
2. Division 1— General Reqi�irements
1.2 PRICE AND PAYMENT PROCEDURES
t 8 A. Nieasureme�nt and Payment
I9 1. Work associated with this Item is considered subsidiary to the various items bid.
20 No separate payment wiil be alIowed for this Item.
21 1.3 REFERENCES (N4T USED�
22 1.4 ADMINISTRA.TiVE REQUIREMENTS
23
24
25
26
?�
28
29
30
31
32
33
34
35
36
37
38
39
40
A. Coordinatian
1. �iotify the City in vv�'iting, at the time of submittal, of any deviations in the
submittals from the requirernents of the Contract Docurzzents.
2. Coordinatian of Sub�nittal Times
a. Prepare, prioritize and transmit each submittal sufficiently in advance of
perfor�ning the related Work or otl�er appiicable activities, or within tlle time
specifed in t�e individuai Work Sections, of the Specifications.
b. Contractor is responsi6le such that the instatiation wiii not be delayed by
processing times inciczding, 6tat not limited to:
a) Disapprovai and resubmittal (if required)
6) Coordinatio�� with ot��er submittals
c) Testing
d) P�ircl�asir�g
e) �'abrication
� Delivery
g) SimiIar sequeilced activities
c. Na extezision oftime wiiE be a�.�thorized because ofthe Contractor's failure to
transmit su6rnittais sufficientty in adva��ce of tlze Work.
CiTY OF FORT WC}I2TH SAiVI`FAf2Y SEWER REi-IA.BILITATION CONTRAC"1' 80 PART 1
STANllr1RD CONSTRUCTION SPECiFICAT[ON I�OCUMFNTS City Project No. O 1499
Revised DecemSer 20, 2012
01 33 00 - 2
SUBMITTAI_S
Fage 2 of 8
I
2
3
4
5
6
7
8
9
]�
II
i2
t3
i4
i5
16
17
18
19
20
21
22
23
24
25
26
27
28
29
3a
3l
32
33
34
35
3fi
37
3$
39
�0
4I
42
43
4�
45
4G
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 ather
contracior.
B. Subnni�tal Numbering
Wlien submitting shop drawings or samples, utilize a 9-cha.racter submittal cross-
reference identification numbering system in the faiiowing manner:
a_ Use the �rst 6 digits of the applicable Specification Section Number.
b. For the next 2 digits rtumber use numbers 0]-99 to sequentially number each
initial separate item or drawing submitted zinder each specific Section nurrtber.
c_ Last use a letter, A-Z, indicating the resubmission of ttle same drawing {i.e_
A=2�d submission, B=3rd submission, C=4th si.rbmissian, etc_). A typicai
submittat number would be as follows:
�3 30 00-08-B
1) 03 30 00 is the Specifcatiorz Section for Concrete
2) 0$ is the eighth initiat submittal under this Specification Section
3) B is the third submission {second resubmission) af that partict�lar shop
drawing
C. Contractor Certification
1. Review shop drawings, product data and samples, inctuding those by
subcontractors, prior to submission to determine ar�d verify the foIiowiag:
a. Field ?neasurements
h. �ield construction criteria
c. Catalog numbers and similar data
d. Conformance with the Contract Documents
2. Provide each shop drawing, sample and product data sc�bmitted by the Contractor
with a Certification S#atement �xed includirtg:
a. The Contractor`s Company name
b. Sibnature of submittai reviewer
c. Certification St.atement
1) `By tl�is submittaI, I iaereby represer�t that I have determ i��ed and verified
�eid measurements, field constntction criteria, �nateriats, dimensians,
catalog numbers and similar data and I have checked aizd cooz-dinated each
item with other appiicable appraved shop drawings_"
D. S�.►bznittal Format
1. Fo1d shop drawings Iarger than 8 F/z inches x I 1 inches to 8'/� i�iches x 1 1 inches.
2. Bind shop drawings and product data sheets tagether.
3. Order
a. Cover Sheet
1 } Description of Packet
2) Contractor Certification
b. List of items / Table of Con#ents
c. Product Data /Shop DrawingslSamples /CalcuIations
E_ Submittal Content
1_ T11e date of s�bmission and the dates of any previous s�bmissions
C1TY QF FORT WQRTH SANITARY SEWER REHABII.ITATION CONTRACT 80 PART I
STAND.<#RD COI�STRUCT30N S?ECIFiC�TION DOCUMENTS City Project No. 01499
Revised December ZD, 20I2
a�33oo-3
SUBMITTALS
Paae 3 of 8
1 2. The Project title and number
2 3. Contractor identification
3 4. The names of:
4 a. Contractor
5 b. Supplier
6 c_ Man�facturer
7 5. Identzfcation ofthe prod«ct, witl� t�ie Specification Sectzon number, page and
8 paragraph(s)
9 6. Field dimensions, cleariy identified as s�ech
10 7_ Retation to adjacent or criticai features of�the Work or materials
1� 8. Applicable stazzdards, such as ASTM or Federat Specifzcation nur�bers
]2 9. Identification by high(ighting of deviations from Contract Doci�ments
13 F 0. Identification by hi;hlighting of revisions on resubmittals
14 11. An 8-inch x 3-inc1� blank space for Contractor and City stamps
15
16
1�
l8
19
20
21
22
23
24
25
26
27
?g
29
30
3I
32
33
34
35
36
37
38
39
443
41
42
43
44
45
4b
F. Shop Drawings
l. As sp�cified in individual Work Sections includes, but is not necessariIy limited to:
a. Custom-prepaxed data such as fabrication and erection/�nstallation (working)
drawings
b. Scheduled information
c. Setting diagrams
d. Actual shopwork Fnanufacturing it�structions
e. Custom tetr�pEates
f. Special wiring diagra�ns
g_ Coordination drawings
h. Individual system or equipment znspectian and test reports inctuding:
i) Performance c�irves and certifcations
i. As app3icabie to the Work
2. Detaiis
a. Relation of tiie varzous parts to #he maiil members and Iines of the structure
b. Where correct fabrication o€the Work depei�ds upon field measuremen�.s
1) Provide s�.�c3� measurements and note on the drawings prior to submitting
far approval.
G. Prod�.�ct Data
I. For siibmittals of produc# data for products inetuded o�z the Ciiy's S#andard Product
List, cieariy identify each item setec#ed for use on tiie Project.
2. For submitta(s of product data for products not iz�ciuded on the Cziy's Standard
Product List, submittal data may include, but is not necessarily Iimited to:
a. Standard prepa�•ed data for manufactured praducts (sonnetimes referred to as
catalog data)
1) Such as the manufacturer`s product specification and instaiiation
instructions
2) AvaiEability of colors and patterns
3) Manufaciuret-'s printed statements of compiia«ces and applicabiiity
4) RaugEiing-in diagra�ns a��d tempiates
5) Catalog c�ets
6} Frod�tct photographs
CI'I'Y OF FORT WORTH SANiTARY SFWER REHABILI7ATION CON'CItAC'I' SO PART ]
STANDARi? CONSTRiJCT'ION SPEC1FiCATiON DOCUMENTS City Project No. 01499
Revised December 20, 2012
oi3�ao-4
svB�u�a�.s
Page 4 of 8
1
2
3
a
5
6
7
8
9
]0
]i
12
]3
14
15
I6
17
7} Standard wiring diagrams
8) Printed performance cuzves and operational-range diagrams
9) Production or quality control znspec�ion ar�d test reports and certifica�ions
10} Mii! reports
1 I) Product operating and maintenarice irzstructions and recommended
spare-parts listing and prznted product warranties
12} As applicable to the Work
H. Samples
I. As specified in individuai Sections, i.nclude, but are not necessarily limited to:
a. Physical examples of the Work such as:
1} Sections of manufac[ured or fabricated Work
2} Small cuts or containers of materials
3) Comp�ete units of repetitively used products coloritex�relpattern swatclies
and range sets
4) Speczmens for coordination of visual effect
5) Graphic symbols and units of Work to be used hy the City for independent
inspection and testing, as applicable to tl�e Work
18 I. Do not start Work requiring a shop drawing, sample or product data nor any material to
19 be fabricated or installed prior to the approval or qualified approval of such item.
20 1. Fabrication performed, rrzaterials purchased or on-site constn,ection accompiished
21 wlnich does not conform to approved shop c�-a�vings and data is at the Col�tractor`s
22 ri sk.
23
24
25
26
?�
?g
29
30
31
32
33
34
35
36
37
3$
39
40
4I
42
43
44
45
46
47
2. The City will not be iiable for any expense or deIay dLze to corrections or remedies
reqtiired to accamplish confonnity.
3_ Complete project Work, materiais, fabrication, and installations in conformance
with approved shop drawings, applicable samples, and product data.
J. SubmittaE Distribution
F . Electro�iic Distribution
a. Con�rs�a deveIopment of Project directory for electroi�ic s��bmittals to be
uploaded to City's Buzzsaw site, or another external PTP site approved by the
City_
b. Shop Drawings
I) Upioad submittal to designa#ed project directory and notify appropriate
City representatives via email of suhmittai posting.
2) Hard Copies
a) 3 copies for all subrnittais
b) If Contractor requires more than I hard capy of Shop Drawings
returned, Contractor shall s�.�brnit more than the number of copies Iisted
above.
c. Praduct Data
i} Upload submittaI to designated project directory and natify appropriate
City representatives via emaii of submittal posting.
2) Hard Copies
a) 3 copies for aIi subrnit#als
d. Sampies
t) Distributed to the Project Representative
2. Narc� Capy Distribution {if required in lieu of electronic distri6ution)
C1TY OF FORT WORTH SANITARY SEWER REffABILITATION CONTRACT SQ PART 1
STANDARD CONSTRUCTION SP�CIFICATION DOCUMENTS Ciry Project No. Oi499
Revised December 20, 2032
or33oo-s
SUBMITTALS
Page 5 of 8
1
2
3
4
5
b
7
8
9
t0
i.1
12
i3
l4
IS
16
17
18
19
20
2I
22
23
24
25
25
?7
28
24
30
3l
32
33
34
35
36
37
38
39
4fl
�1
42
43
44
45
46
47
48
a. Shop Drawzngs
1) Distributed to the City
2) Copies
a) 8 copies for mechanica3 submittals
b) � copies for aIE other submittals
c) If Contractor requires more tha.n 3 copies of Shop Drawings returned,
Contractor shali submit more than the number af copies lrsted above.
b. Produc# Data
1} Distributed to the City
2) Copies
a) 4 copies
c. Samples
I) Distributed to the Project Repr•esentative
2) Copies
a} Submit the number siated in the respective Specification Sections.
3. Distribute reproductions of approved shop drawings and copies af approved
product data and saznples, 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 exceedrng the number
previously specified.
K. Subznittal Review
1. Tl�e review of shop drawings, data and samples will be for generaI conformance
with the desib concept and Coiatract Documents. This is not to be construed as:
a. Permitting any departure from the Contract requirements
b. Relieving the Contractor af responsibility for any errors, including details,
dimensions, and materials
c. Approvi��g departures fro�n details furnished by tl�e City, except as oiherwise
provided herein
2. The review and approvai of shop drawings, sampies or product data by t1�e City
does not reEieve the Coi�tractor from hisiher responsibiiity wath regard to the
fulfiiltnen# of the terms of tl�e Contract.
a. All risks of error ai�d omission are ass�unect by the Contractor, and the City wilI
l�ave i�o responsi6ility therefore.
3. The Contractor remains responsible for details and accuracy, for coardinating the
Work with all otl�er associated work and trades, for selecting fabr�cation processes,
for techniques of asseEnbly and for performing Work in a safe manner.
4. If the shop drawi�cgs, data or sa�nples as submitted describe variations and show a
departure from the Co�rtract require�nents which City finds to be in the interest of
tlie City and ta be so minor as not to invo6ve a change in Contraci Price or tizne for
performance, the City may re#Esrn the reviewed drawings without notinb an
exception.
S. Submittals wiIi be retiirned to the Contractor under 1 of the following codes:
a. Code i
I) "NO EXCEPTIONS TAKEN` is assigned w��en there are no notations or
coEnments on the subrrtii�al.
a} Wiaen ret�zr•c�ed �Ender this code the Contractor may release the
equipment and/or material for 3nanufacture_
b. Code 2
CITY OF FORT WORTH SAN�TARY SEWER REHABILI`I'ATiON CONTRACT 80 PART 1
STAND�IRD CC)vSTRtJCTIUN 5PE:CIF1CnTION i�OCUivtENTS City Proiect No. 01499
Revised Decemher 20, 20i2
4i3300-6
SU$MiTTALS
Page 6 of'$
1 1) "EXCEPTIONS NOTED". This code is assigned when a confirmatzon oi
2 the notations and comments IS NOT required by the Contractor.
3 a) The Coi�tractor may release the equipment or material for manufacture;
4 hov✓ever, aii notatzons and comments mast be incorporated into the
5 final prod�ct.
6
7
9
1Q
11
12
13
I4
15
16
17
18
19
20
2l
22
23
24
?$
26
2�
?g
29
30
31
32
33
34
35
35
37
38
c. Cade 3
1} "EXC.EPTIONS NOT'ED/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 #he eGuipnnent or material for man��facture;
however, alI notatio��s and comments must be incorporated into the
�nai product.
b) This resubm�ttal is to address ail cort�ments, omissions and
non-corzforming items that were noted.
c) Resubmittal is to be received by the City within I5 CaIendar Days of
the date of the City's transmittal requiring the resubmittal.
�_ Code 4
1) "NOT APPROVED" is assigned when the submittal does not meet the
intent of ihe Contract Documents.
a) The Contractor must resubmit the entire package revised to bring the
submittaI into conformance_
b) It may be necessary to resub�nit using a different manufact�.irer(vendor
to meet the Contract Documents.
6_ Res«bmittals
a. Harzdted in the same ma�mer as first submittaIs
1) Corrections other than requested by the City
2) Marked with revision triangIe or other similar method
a) At Contractor's risk if not marked
b. St�bmittals for each item w�lI he reviewed �zo more than twice at the Ci#y's
expense.
I) Atl subsequent reviews widl be performed at times convenie��t 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 3Q Cale�idar Days for
aII suclz fees invoiced by the City.
c. The need for more ti�an 1 resubmission or any other deIay in obtai��ing City's
review of sub�nittals, wi41 not entitle the Contractor to an extension of Co��tract
Time_
39 7. Partiai Submittals
44 a. City reserves the right to not review submittals deemed partial, at tl�e City's
41 discretion_
42 b. Submittals deemed by the City #o be not compiete ��it1 be returned to il�e
4; Contractor, and will be considered "Not Approved" t��itil �-esubmitted.
44 c_ The City may at its option provide a iist or maric the submittal directing the
45 Cantractar to the areas that are ii�coinplete.
46 8. If the Contractor considers any correction indicated on the shop drawings ta
47 constitute a change to tl�e Contract Documents, then written notice nzust be
48 provided thereof to ihe City at ieast 7 Cafendar Days prior to reiease for
49 manu_facture_
CITY OE FQRT WORTH SANITAItY SEWLR REHABILITATION CONTRACT' 80 PART 1
STANDARD CONSTRUCTION SPECIFICATtON DOCUMENTS Ciry Project Na. 4(�99
Revised Decetr�ber 2Q, 2Qi2
1
2
3
4
5
6
7
8
9
10
IE
12
t3
I4
t5
I6
I7
i8
19
20
21
22
23
24
25
26
27
�g
29
30
31
32
33
013300-1
SUSMI'i"I'ALS
Page 7 of 8
9. When the shop drawings have been completed to the satisfaction of the City, the
Contractor may carry out the construc�ion in accordance therewith a.nd no further
cllanges therein except Eipon written instructions fram the City.
10. Each submittai, appropriatety coded, will be returned within 30 Calendar Da}�s
foilowing receipt of submit�al by the City.
L. Mock ups
1. Mock Up units as specified in irtdividual Sections, include, but are ��oi necessarily
limited to, co�nplete units of the stat�dard of acceptance for that type of Work to be
used on the Project. Remave at the completion of tt�e Work or when directed.
M. Qualifications
l. If specificaliy required iiz other Sectians of these Specifications, submit a P.E.
Ceriifcation for each item required.
N. Request for Tnformation (RFT}
I. Contractor Request for additional inforn�atiox�
a. Clari�cation or interpretation of the cantract docurnents
b. When the Contractor believes there is a conflict between Contract Documents
c. When the Contractar believes there is a conflict between the Drawings and
Speci�cations
1) Identify tl�e conflict and request clarification
2. Use the Request for Information (R.FI) form provicted by the Ci1y_
3_ Numbering of RFI
a. Prefix with "R�'1" follawed by series number, "-�x", beginning with "O1" and
increasing sequentiaily with each additional transmittal.
4. Sufficient information shalt be attacl�ed to perrnit a written response witho��t fiirther
i�iforn�ation.
5. The City will tag each request a��d wiil review the request.
a. If review of ti�,e project information request indicafies ti�at a change ta the
Contract Documents is required, tlie City will issue a Fieid Order or Change
Order, as appropriate.
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALSIINFORM[ATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMTTTALS [NOT USLD]
1.8 MAINTENANCE MATERIAL SUBMI�d"TALS [NOT USED�
;4 1..9 QUALTTY ASSURA.NCE [NOT USED]
35 1.10 DELIVERY, STORA.GE, AND HANDLiNG (NOT USEDJ
36 1.11 FIELD [SITE] CONDITTONS [NOT USED]
;7 1.12 WARRANTY [NOT USF,DJ
C(T`Y OF FQRT WOR`TH SANITAKY SEWER REHABTLITATiON CON'I'RACT 80 PART l
S'1'ANDARD CONSTRUCTION SPECIF1Cf�TION DOCUIv1ENTS CiTy Praject No. Oi499
Revised December20.2U12
01 33 00 - 8
SLTBMITFALS
Page 8 of 8
i PART 2- PRODUCTS [NOT USED]
2 PART 3- EXECUTION [N4T USED]
3 �ND OF SECTION
0
Revision Log
DATE NAME SUMMARY OF CHANGE
12/20/2012 U_ Jol2nson 1.4.K.8. V4'orking Days tnodif�ed to Calendar Days
CITY OF FOR1` WORTH SANITARY SEWER REHABtLfTATFON CONTRACT 80 PART l
STANDARD CONSTRUCTION SPEC3FiCAT10N �OCUMENTS City Project No. O1�99
Revised December 20, 2012
1
2
3 PAR.T 1 - GENERAL
!�
5
b
7
8
9
10
Ii
12
i3
14
IS
16
l�
18
19
2d
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
0235I3-1
SPECIAL PROJECT' P120CEDURES
Page 1 of 8
SECTION 0135 13
SPECIAL i'ROJECT PROCEDURES
1.1 SUMMARi'
A. Section Includes:
1. The procedures for special project circumstances that inctudes, but is not Iimited to:
a. Coordznation with the Texas Departknent of Transportation
b. Work near High Voltage Lines
c. Confined Space �ntry Pragram
d. Air Pollution Watch Days
e. Use of Explosives, Drop Weight, Etc.
f. Water Department Natification
g. Public Notification Prior to Beginning Construction
li. Coordination with Unzted States Army Corps af Engineers
i. Coordination within Railroad permits areas
j. Dust Controi
k. Employee Parking
l. �Coordination lvith NoYth Central Texcrs Council of Governments Clean
Construction Specifrcation jremove if not requiredJ}
B_ Deviations from this City ofFort Worth Sta�ldard Specification
1 _ No�e.
C. Re�ated Speci%cation Sections include, but are not necessarily ]imited to:
1. Division 0— Bidd'zng Req�iremea�ts, Contract Forms and Co�ditions of the Contract
2. Division 1— GeneraI Requirements
3. Sect'ron 33 12 25 — Connection to Existin� Water Mains
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
I. Coocdination within Raiiroad permit areas
a. Measurezx�ent
1) Measureri�ent for this Item wili be by lump sum.
b. Payment
1) The work performed and tnaterials furnished in accordaE�ce with this Item
wili be paid for at the ]ti�mp surn price bid for Railroad Coordination.
c. The price bid shall include:
1) Mobi�izatior�
2) Inspection
3} Safety training
4) Additionai insiirance
5) Insurance Certi�cates
CITX OF FORT WORTH Sral�iiTARY SEWER REHABILITATiON CQNTRACT 80 PART 1
STANDAIZ.B CONSTRUCT[QN SPECIFICATION DOCUMEN'I'S City Project No. 01499
Revised December 24, 2012
Ot 35 13 - 4
SP�CIAL PROJECT PROCEDURES
Yage 4 of 8
1 a. Public Notification
2 I) Submit notice to City and proof of adequate }nsurance coverage, 24 hours
3 prior ta commencing.
4 2} Minim.um 24 hour public notification in accordance with Section 41 31 13
5 G. Waier Department Coordination
6 l. Dt�ring the construction of this projec�, it will be necessary to deactivate, for a
7 period oftime, existing Jines. The Cantractor shail be required to coordiz�ate with
8 the VJater Department #o deterznine ti�e best times for deactiva#ing and activating
9 those lines.
i0 2. Coordinate any event that wiIl require connecting to or the operatio�� of an existii�g
11 City water line system with the City's representative.
12 a. Coordination shall be in accardance with Section 33 12 25_
13 b. If needed, obtain a hydran# water meter from the Water Department for use
14 during the life af named project.
15 c. Iri the event that a water valve on an existing live system be turned off and or�
i6 io accommodate the constr+uction of the project is required, coordinate this
l7 activity through the appropriate City representative.
I 8 1) Do not operate water line valves of existing water systern.
i9 a) Faiture to camply wiil render the Contractor in violation of Texas Penai
20 Code Title 7, Chap#er 28.03 (Criminal Mischiefl and the Contractor
21 will be prosecuted to the fiiii extent of the Iaw.
22 b} In addition, the Contractor wiil assume ali tiabilities az�d
23 responsibilities as a result of these actions.
24 H. Public Noti�cation Prior to Beginning Constrnction
25 1. Prior to begi.nning construction on any block in tl�e pra}ect, on a block by black
26 basis, prepare and deliver a notice or flyer of the pending canstruction to the front
27 door of each residence or business that wi11 be impacted by construction. The notice
28 shal] be prepared as foliows:
24 a. Post notice or �flyer 7 days prior to beginning any construction activity on each
34 block in the pro}ect area.
31 1) Prepare flyer o�� the Contractor's letterhead a��d include the foliowing
32 information:
33 a} Name of �roject
34 b) City Project No (CPN)
35 c} Scope of Project (i.e. type of construction activiiy)
;6 d) ActuaI construction t�ztration within the 6iock
37 e) Nazne ofthe contractar's fareman and phone nurnber
;8 f} Narrte ofihe City's inspector and phone number
39 g) City's after-hours phone number
40 2) A samp(e of the `pre-construction notification' flyer is attached as Exhibit
41
42
43
�14
45
4b
A.
3) Submit sc(zedule showing the construction start and �nish tinne for eact�
i�lock of t��e project to the inspe�tor.
4) Deliver flyer to the City Inspector for review pi-ior to distribution.
�. No construction will be aliowed to begin oF� any block untii the flyer is
delivered to aii residents of the block.
47 I. Public Notification of Temporary Water Service Ir�tern.iption during Constntction
CITY OF FORT WORTH SANiTARY SEWF_R RFHABILITATION CONTRACf 80 PART t
STANDARD CflNSTRUCTtON SPSCFFtCATION DOCUMr�i"1'S City Project No. Q1499
Revised December 20, 2412
013513-5
SPECIAL PR03ECT PROCEDURES
Page 5 of 8
]
2
3
4
5
6
7
8
9
10
11
I2
I3
14
i5
r�
t7
I8
I9
20
21
Zz
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
I. 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 natifica�ion or flyer shall be posted 24 hours prior to the temparary
intemzption.
b. Prepare flyer on the contractor's letterhead and include tfie foilowing
infonnatioii:
I) Name of the praject
2) City Praject Nurnber
3) Date of the interruption of service
4) Periad tl�e intercuptian will take place
5) Name of ihe contractor's foreman and phone ni�mber
6) Name of the City's inspector and pl�one nurnber
c. A sampte of the temporary water service interruptioi� i�otification is attached as
Exhibit B.
d_ Deliver a copy af the temporary interruption notification to the City inspector
for review prior to being distri6uted.
e. No intezrtzption of wa#er service can occur until the flyer has been delivered to
aii affected residents and businesses.
f. Electronic versions of the sampie flyers can be obtained from the Project
Co�tstruction Inspector.
J. Coordination with U��ited States Army Corps of Erzgineers {USACE)
At Iocations in the Project where construction activities occtu- in areas where
USACE per�nits are required, meet all requirements set forth in each designated
perznit.
K. Coordination within Rai(road Permrt Areas
2
3
At locations in tl�e project where constx�iction activities occ�ir in areas wt�ere
raiIroad permits are required, meet a!1 requirements set forth in each desigr�ated
railroad perinit. Tl�is includes, but is f�ot limited to, pro�isions for:
a. Flagrr�en
b. Inspectars
c. 5afety trai n ing
d. Addztior�al insurance
e. Insura��ce certific�tes
f. Other e�nplayees required to protect the right-of-way and property oithe
Railroad Campany from damage arising out of and/or from the construction of
the project. Proper utztity clearance procedures shaIl be used in accordance
with the pernnit guidelines.
Obtain any supplementai information needed to cotnply with the railroad's
rec�uirements.
Rai iroad FEagmeii
a. Submit recei�ts to City for verifcatio�� oEworking days tl�at railroad flagmen
were presed�t on Site.
L. Dust Cantrol
1. Use acceplable measures to cotitrol daist at the Site.
a. If water is used to controt dust, capture and properEy dispose of waste water.
CITY OF FORT WORTH SANITARY SEWER I2EHABiLiTATION CQNTRACI' 80 PART I
-- STA?�IDARD CONSTRUC'1'ION SPF..CIFICA"C'lON DOCUMEN'i'S City Praject No. OI499
Revised December 20, 2012
Oi 35 13 - 6
SPECIAL PFtOJECT PROCEI3URES
Page b of 8
1 b. If wet saw cutting is performed, capture and properly dispose of slurry.
2 M. Employee Parking
3 I. Provide parkin; for empioyees at locations approved by the City.
4 N. {Coarclination with Nortl� Centrai Texas Council of Governrr►ents (NCTCOG) Clean
5 Construction Specification [if required for the project — verify with City�
6 1. Comply with equipment, operationai, reporting and enforcement requiretnents set
7 forth in NCTCOG's Clean Consiructio� Specif cation.}
8 1.5 SUSMITTALS [NOT USEDj
9 1.G ACTION SUBMITTALS/INFORMATIONAI, SU8IYIITTALS [NOT USED]
14 1.7 CLOSEOUT SUBMI?'TALS jNOT USEDj
1 i 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USEDj
l2 1.9 QUALITY ASSURA.NCE [NOT USEDj
i 3 1.10 DELIVERY, STORA.GE, AND I3ANDLING (1�TOT USEDj
14 1.11 FIELI} [SITEj CONDTTIONS [NOT USEDj
15 1.12 WARRANTY jNOT USED]
16 PART 2- PRODUCTS [NOT USEDj
17 PART 3- EXECUTION [NO'1' USEDj
18
I9
END OF SECTION
Revision Log
DATE NAM� SUMMARY OF CHANGE
1.4.B — Added requireznent of compliance with Health and Safety Code, Title 9.
8/3I/2012 D. Johnsan SafeYy, Subtitle A_ Pubiic Safety, Chapter 752. High Voltage Overhead Lines.
1.4.E—Added Contractor responszbiliry for obtaining a TCEQ Air Permit
?p
CITY OF FOR7 W4RTH SANJTRRX SEWER REHABtLITATIOIV CONTRACT $0 PART l
STANDAf2D CONSTRUCTION SP£CiFICATION DOCUMENTS City Project No. O1499
Revised December 20, 2012
o� ss i3-�
SPECIAL P22QJECT PROCEDUR�S
Page 7 of 8
EXHISIT A
{To be printed on Contractor's Letter�ead}
14
15
i6
17 THIS 1S TO fNF�RM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT
18 WORTH, OUR COMPANY WILL WORK ON UTILITY l.INES ON OR AROUND YOUR
19 PROPERTY.
20
21 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN �AYS FROM THE DATE
22 OF THiS NOT[CE.
23
24 IF YC?U HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER
25 [SSUE, PLEASE CALL:
26
27
28 MP. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NQ.>
29
30 OR
31
32 Mr. <CIl"�( 1NSPECTOR> AT < TELEPHONE NO.>
33
34 A�TER 4:3Q PM OR ON WEEKENDS, PLEASE CALL �817) 392 8306
35
3G PLEASE KFEP TNIS FLY�R HANDY WHEN YOU CALL
37
i
2
3
4
5
b Date:
7
8 CPN No.:
9 Project Name:
10 Mapsco Locatian:
1 � Limits of Construction:
12
13
CITY OF FORT WORTH SANITARY SEW�R REHAB1LiTATION COivTRAC7' &0 PART 1
STANDARD CONSTRUC'I'(ON SPEC]1�iCAT[UN DOCUMF.,NTS City ProjectNo. (ii499
Ftevised December 20, 2412
1
2
01 35 t3 -3
SPECIAI. PROJECT PROCEI�URES
Page 3 of 8
I .!._ li _ _ J
FORT WORTH
�:
�� �o. �
�,� ��:
I�[OTICE �F i�MPORARY iNA1'El� S�RVICE
I�I?ERRi,iiP'i`�t?I�
DT3E T'O ITTILITX IMPROVEMENTS IN Y4Ult �iEIGHBUi2.HOOD, YOETI2
WATER SEI2VTCE WILL BE I1�TTERRUPTED ON
BETWEEN THE HOU[LS OF AND
IF YpU HAVE Qt7ESTIO�FS ABOI3�' 'TIiIS S�3TJ'T-OUT, P'LEA5E CAL�.:
1ViI2. AT
{CO1�TR.AC7C4I2S SiJPERiN'TENDE1�iT) (3'ELEPHOiVE N[ItViBL�'it)
OR
MR. AT
(Ci'TY FNST'EC'i'flFt) (TELEPHON� NITiVFBER)
TI�IS 1NCq]VVEiViENCE WILL BE AS SHORT AS YOSSIBLE.
'TfIAiVK YOI3,
GON'€'i2AC'FOR
�
4
CITY OF �OR'i' WORTH SANITARY S£WER REHAB[I�ITATION CONTRACT 84 PART 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMEN1'S Crty Project No_ 01499
Revised December 20, 2012
014523-i
TESTING AND INSPECTTON SERV7CES
Page i of 2
1
2
3 Pf1.RT 1 - GENER.A.L
4 1.1 SUNIMARY
5
6
7
8
9
IQ
i]
12 1.2
13
14
15
16
17
18
l9
20
21
22
23
24
25 1..3
SECTION Ol 45 23
TESTING AND INSPECTION SERVICES
A. Section IncIudes:
I. Testing and inspection services procedures and coordination
B. Deviations from this City of Fort Worth Stanclard Specification
I. None.
C. Related Specification Sections include, but are not necessari3y limited to:
l. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract
2. D'zvision 1— General Requirements
PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is consideret� subsidiary to the various Items bid.
No separaie payzr�ent wiil be allowed for this Item.
a. Contractor is responsible for performing, coord'znating, and payment of all
Quality Control testing.
b. City is responsible for performing and payment #'or 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 su6sequent Quatiry Assurance
testi�ig un#iI a passing test occurs_
a) Final acceptance will not be issued hy City until aII required payments
for tesiing by Contractor have been paid in �ult.
REFERENCES [NOT USED]
26 1.4 ADMINISTRATIVE REQUIREMENTS
?�
28
29
30
�t
32
33
34
35
36
37
38
A. Testiag
i. Complete testing in accordance with t�e Co�3tract Documents.
2. Coordizaation
a. When testing is required to be performed by the City, i70#i� CELy, sufficiently
in advai�ce, when testing is needed.
b. Whe�z testing is required to 6e compieted by the Contractar, notify City,
su�cie��tly in advance, tl�at testing wilI be performed_
3. Distribution of Testing Reports
a. Electronic Distribution
i} Confirm developzne��t of Pcoject directory for electronic submittals to be
uploaded to City's Buzzsaw si#e, or another external FTP site approved by
ti�e City.
C[TY OF I;ORT WUR'iH SANITARY SEWER REHABILiTA7'iON COIVTRACT 80 PAR"i 1
STAtVDAKD CONSTRUC7ION SPF..CIFICAT#ON DOCUMENTS City Project No. 01499
Revised Juiy l, 2Qi 3
Q145?3-2
TESTII�G AND INBPEC'I'I�N SERVICES
Page 2 of 2
I
2
3
4
5
6
7
8
9
10
ll
]2
33
1�
2} Upload test reports to desib ated project directory and notify approgriate
City representatives via emazl of submittal gosting.
3) Hard Copies
a) 1 copy for ail submittals submitted ta the Project Representative
b. f-Iard Copy Distribution (if required in lieu af electronic distri6utian)
i) Tests performed by City
a) Distribute I 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 laad of
Concrete or Lime material incit�ding the following infocmation:
a. Name of pit
b. Date of delivery
c_ Material delivered
I S B. Inspection
16 1. Inspection or lack of inspection does no# relieve tl�e Contractor from obligatio�� to
17 perform work in accordance wit1� the Contract Documents.
18 1.5 SUBMITTALS (NOT USEDj
l9 1.6 ACTION SUBMITTALS/INFORMAT'IDNAL SUBNIITTALS [NOT USED]
20 1.7 CLOSEOUT SLTEMITTALS (NOT USED]
2I 1.8 MAINTENANCE MATERIAL SUBNIITTALS [NOT USED]
22 1.9 QUALITY ASSIJRANCE [NOT USED]
23 1.10 DELNERY, STORAGE, AND HANDLING (NOT USED]
24
�5
1.11 FIELD [SITE] C�NDITTONS [NOT USED]
1..12 WARRANTY [NOT USED]
26 PART 2- PRODUCTS jNOT USED]
2� PART 3- EXECUTION (NOT USED]
?g
29
END Or SECTION
Revision Log
DATE NAME SUMMARY OP CHANGE
30
C[TY OF FORT WORTH SANITARY SEWER REHABILI'fAT'[ON CUIVTRACT' 80 PARi I
STANDARD CONSTRUC"4'ION SPF,CII=(CATION DOCUMENTS City Project Na. 01499
Revised Jiliy i_ 2012
015000-1
TEMPORARY FACILJTIE.S A7VD CONTROLS
Page I of 4
]
2
SECTION 01 50 OU
TEMPORARY FACILITIES AND CONTROLS
3 PART 1 - GENERA.L
4 1.1 SUMMCARY
5
6
7
8
9
10
�i
12
]3
14
l5
l6
17
18
A. Section Inclndes:
1. Provide temporary faciIities and cantrols needed far the 't�ork including, but not
necessarily limited #o:
a. Temporary utilities
b. Sa�zitary facilities
c. Storage S�Zeds and Buildings
d. Dusi cont�-a]
e. Temporary fencing of the construction si#e
B. Deviations iro�n this Czty of Fort Vi�orth Standaz-d Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0— Bidding Requirennents, Car�tract Forms and Condiiions of the Confiract
2. Division 1— General Requirements
1.2 PRICE AND PA.YMENT PROCEDURES
19 A. Measurement and Payment
20 l_ Work associated with this Itein is considered subsidiary to #he various Items bid_
21 No separate �ayinent will be allowed for this Item.
22 1.3 REFERENCES [NOT USED]
2; 1.4 ADNIINISTRATIVE REQUIREMENTS
24
2S
26
27
28
29
30
3l
32
33
34
35
36
37
38
39
40
A. Temporary Utiiities
1 _ Obtaining Temporary Service
a. Make arrazzgements wilh utility service campanies for temporary services.
b. Abide 6y rules and reg��lations of utiiity service companies or authorities
having jurisdic�ion.
c. Be responsible for L►tility service costs wttil Work is approved for Firtal
Acceptance.
i) 3nctuded are fue], power, light, heat and other utility services necessary for
execution, camptetion, 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
reqt�ired far tl�e cofnpletion of the Work.
b. Provide and cnaintain adeq��ate s��ppIy af poiable water for domestic
consumption by Co��tractor personnel and City's Project Representatives.
c. Coordinatian
I} Contact City I weck before water for construction is desired
CITY OF FORT' WORTH SANI"I'ARY SEWER REHABiLiTATtOiV COiV'1'KACT 80 PART 1
STANDARD CONSTRUCTIflN SPECFFICATION DaCUMENTS City Project No. 0149R
Revised July 1, 2Ql I
03 soao-2
TEIvIPORAi2Y FACILITIES ANB CQNTROLS
Pa�e 2 of 4
1
?
3
4
5
6
7
&
9
]0
Il
12
i3
14
i5
I6
17
l8
19
?p
21
22
23
24
25
26
27
28
29
34
3t
32
33
34
35
36
37
38
39
40
4i
d. Cantractor Payment for Consiructzon Water
i. } Obtain construction water meter from Ciiy for payment as billed by City's
established rates.
3. Electricity and Lighting
a. Provzde and pay for electric powered serv�ce as requ�red for Work, including
testi��g of Work.
l) Provide power for tigi�ting, operation of equipment, or o#her use.
b. Electric power service includes temporary power service or generator ta
main�in operations during scheduled shutdown.
4_ Telephone
a. Provide emergency ietephone service at Site for use by Contractoc persoiineI
a»d others performing work ar furnishing services at Site.
5. Temporary Heat and Ventilation
a. Provide temporary heat as necessary for protection ar coinpletion of Work.
b_ Provide temporary I�eat and ventilation to assezre safe working co��ditions_
B. Sanitary Facilities
1. Provide and maintain sanitary facilities for persons on Site.
a. Comply with regulations of State and IocaI departments of health.
2. Enforce use o�sanitary facilities by constrttction perso.nnel at job site.
a. Enclose and anchor sarxitary facilities.
b. No discharge wiil be allowed from these faciiities.
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 re�uiation.
3. Locate facilities near Work Site and tceep clean and mai��tained througl�out Project.
4. Relnove facilities at completion of 1'roject
C_ Storage Sheds and Buildings
t. Provide adequateIy ventilated, watertiglit, weatherproof storage faciIlties witi� floor
above ground levei for materiats and equipment stEsceptible to weather damage.
2. Starage of materials not susceptible ta weather damage may be on biocks off
ground.
3. Store materials in a neat and orderly manner.
a. Place materiais and equipment ta permit easy access for identification,
inspection and inve�3�ory.
4. Equip building with lockable doors and lighting, and provide electrical service %r
equipment space ileaters and l�eating or ventilatian as necessary ta provide stora�e
environments acceptabie to specified mail�.lfacturers.
5. FiEI and �ade site for temporary structures to provide drai��age away frorz�
temporary and existing buildings.
6. Remove building from site prior to Finai Acceptance.
42 D. Temporary Fer�cing
43 1_ Provide and maintain for ti�e d�ration or constructian when req��ired i�� cantract
44 documents
45 E. Dust Contro�
CITY OF FORT WORTH SANITARY SEWER REHABILITATiOIV CdNTRACT &D PART i
STANDARD CdNS1`RUC1"ION SFEGFICATION DOCUARENTS City Project No_ Qi499
Rcvised July l, 2011
1
2
3
4
5
6
7
8
9
14
ll
12
13
14
i5
�
al saoo-3
TENIPOI2ARY FACILITIES AIVD CON'IROLS
Page 3 of 4
1. Contractor is responsible for maintaining dust control through the duration of the
project.
a. Coniractor remains on-cail at ail times
b. Must respond in a tzrz�ety inanner
F. Temporary Protection of Construction
l. Contractor or subcantractors at-e responsible for protecting Work from damage due
to weatl�er.
1.5 SUSMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMA7CIONAL SUBMITTALS [NOT USED�
1.7 CLOSE4UT SUBNIITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSiTRANCE [NOT USEDj
1.14 DELIVERY, STORAGE, AND HANDLING [NOT USED]
l .11 FIELD [SITE] CONDITIONS [N4T USEDj
1.12 WARRA.NTY [NOT USEDj
PART 2- PRODUCTS jNOT USED]
i 7 PART 3- EXECUT�ON [NQT USED�
i 8 3.1 1NSTALLERS [NOT USEDj
i 9 3.2 EXAMINATION [NOT USED)
20 3.3 PREPARATION [NOT USED]
2 I 3.4 INSTALLATION
22 A. Telnporary Facilities
23 1. Maintain aiI temporary Facilities for duration of construction activities as needed.
24 3._5 (REPAIlZ] I [RESTORATIOIYJ
25 3.b RE-INSTALLATiON
26 3.7 FIELD lo�zJ SITE QUALITY CONTROL [NOT USEDj
27 3.f3 SYS�'EM ST.ARTUP [NOT USEDj
28 39 ADJUSTING (NOT USEI?J
29 3.10 CLEANING (NOT USED]
30 3.11 CLOSEOUT ACTIVITIES
31 A. Teznporary Facilities
CITY OF F{JRT WORTE-I SANIT�RY SEWI:I2 RENASII,ITATION CONTRACT 80 PAItT 1
STANDARD CONSTRUCTI�N SPL-'CfFICATI4N DOCUMENTS City Project No. 01499
Revised July l, 201 ]
01 50 00 - 4
TEMPORARY FACILIT3FS AND CONTt20I.S
Pa;e 4 of 4
1 1. Remave all temparary faciIities and restore area a.fter completion of the Work, to a
2 condition equal to or better than prior to start of Work.
3 3.12 PROTECTION [NOT USED]
4 3.13 MAINTENANCE [NOT USED]
5 3.14 ATTACI�MENTS [NOT USED�
6 END OF SECT�ON
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FOKT WORTH SANiTARY S6WER REHAI3iLITATION CONTRACT 80 PART 1
5TANDARD CONSTRiJCTION SPECIFICATION DOCUMENTS City Project No. O1499
Revised 3uty 4, 20I 1
01 55 2b - 1
STREET US� PERMIT A3�ID TviODIFICATIONS 7O TRAFFIC C4NTROL
Page i of 3
I
2
SECTION 01 55 2b
STREET USE PERMIT AND MODIFICATIONS TO TR.AFFIC CONTROL
3 PART1- GENERAL
4 I.l. SUMMARY
5
6
7
8
9
i0
li
i2
l3
14
l5
1G
A. Section Includes:
1. Administrative procedures for:
a. Street Use Permit
b. Modification of approved traffic controi
c. Rernaval of Street Signs
B. Deviations from tl�is City of Fart Worth Standard Specz�cation
l. None.
C_ Reiated Specification Sections include, but are not necessarily limited to:
1. :Division 4— Bidding Requirements, Contract Fo�ns and Conditions of the Contract
2. Division T— General RequireInents
3. Section 34 71 i3 —Traffic Control
1.2 PRICE AND PAYM�NT PROCEDURES
l7 A. Measurement and Payment
18 1. Work associated witl� this Item is considered subsidiary to the variaus Items bid.
i 9 No separate payznent will be ailowed for this Ifem.
20 1.3 REFERENCES
2i
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
3�
A. Reference Standards
1_ Reference standards cited in this specification refer to the current reference standard
pc�blished at the tirne of the latest revision date ]oggecl at ti�e end of this
speci�cation, unless a date is specifically cited.
2. Texas Mantxal on Ur�iform Traffic Controi Devices {TMUTCD).
1.4 A.DMINISTRATIVE REQUIREEMENTS
A. Tra�c Cotttrol
1 _ General
a. When trafCc control plans are included in the Drawings, provide Traffic
Controt in accorcEance with Drawings and Section 34 71 13.
b. Wl1en traffic controi plans are not included in the Drawings, prepare tra�c
cantrol pians ii� accorda��ce with Section 34 71 13 and submit to City for
review.
1) Atlow minitnum ] 0 working days for review of groposed Traffic Cot�trol.
S. Street Use Permit
I_ Prior to ic�staltatio�a of Traffic Corttrol, a City Street Use Permit is required.
a. To obtain Street Use Permit, submit Traffic Control Pians to City
Transportation and Public Works Departrnent.
CtTY OF FOR"1° WORTH SANiTARY SEWER REF-iABiLITATFON CUNTRACT 80 PARi' 1
STAAIDARD CONSTRUCTiON SPGCII�ICATidN DUCUMENTS Chy Project No. 01449
Revised July 1, 20i 1
015526-2
STREET T.iSE PERMIT AND MOBI.FtCATI03VS TO Ti2AFFIC CUNTROL
Page 2 of 3
I
2
3
4
5
6
7
8
9
la
]l
I) Allow a minimum of 5 working days for permit review_
2) Con�-actor's responsibility to coordinate review af Tr�c Conirol plans for
Street Use Permii, such that construction is not delayed.
C. Mod'zficatian to Approved Tra�c Control
I. Prior to installation tra�c conirol:
a. Submit revised traffic control pla��s to City Department Transportation ar�d
Public Works Departme��t.
I) Revise Traffic Controt plans in accordance with Section 34 71 13.
2) AIlow minimam 5 working days for review of revised Tra�c Control.
3} It is the Contractor's responsibiiity to coordinate review of Traffic Control
plans for Street Use Permit, such tha# construction is not delayed.
12 D. Rernovai of Street Sign
13 1. If it is deterrnined that a street sib must be removed for construction, then contact
14 City Transportation and Public Works Department, Signs and Marlcings Division to
15 remave the sign.
16
1'7
18
i9
2�
21
22
23
24
25
E. Temporary Signage
1. In the case of regulatory signs, replace permanent sign with temporary sign meeting
requirements of the Iatest edition of the Texas Manuai on Uniform Tra�c Control
Devices (MUTCD}.
2. InstaIl temporary sign before the re.moval of permanent sign.
3. VJhen construction is complete, to the extent thai the permaneni sign can be
reinstatted, cantact the City Transportatian and RZblic Works Depar�ment, Signs
and Markings Divisian, to reinstail the permanent sign.
F. Traffic Control Standards
1. Traffic Controi Standards can be found on the City's Buzzsaw website.
26 1.5 SUBMITTALS (NOT USED]
27 1.6 ACTION SUBMITTALSiINFORMATI4NAL SUBNIITTALS (NOT USED]
28 1.7 CLOSEOUT SUBI��iTTALS {NOT USED]
29 1.8 MAiNTENANCE MATERIAL SUBIVIITTALS [NOT USEDj
3Q 2.9 QUALITY ASSURANCE [NOT USE�J
3 t 1.10 DELIVERY, STORAGE, AND ��ANDLING [NOT US�D�
32
33
l.11 FIELD [SIT�J CONDITIONS [N�T USED]
Z.12 WARRANTY (NOT USED�
;4 PART 2 - P�20DiJCTS (N4T USEDj
35 PART 3- EXECUT`ION [NOT USED]
36 END OF SECTION
CITY 0� FORl" WORTH SANITARY SEWER REHABILITATIOI�I CONTRACT 80 PART 1
STANDARD CONSTRUCTION SPECIFICATfON DOCUMEN'CS City Project No. 01499
Revised luly !, 20l 1
1
2
U15526-3
STREET USE PERMIT t1ND MODIFICATIONS i O TRAFFIC CON1i201.
Page 3 of 3
Revision Log
DA'FE NAME SUMMARY OF CHANGE
CITY 0}� FOR'i' WORTH SANITARY S�WER REHABILI"T':4'T'401V CONTitACT $d PART ]
STANDAKD CONSTRUCTlOI� SAECiFfCATION DOC(JMEN'iS City Project No. O1499
Revised ,f�}ty I, 203 I
0157I3-i
STORM WA7E12 POLI.UTIOIV PR�VENTION
Page ] of 3
1
2
SECTION 41 57 13
STORM WATER POLLUTION PREVENTTON
3 PARTI- GENERAL
4
5
6
7
8
9
10
ll
12
13
14
15
16
17
18
19
�p
21
22
23
24
25
26
27
28
29
30
33
32
33
34
35
36
37
1.1 SUMMARY
A. Sectioi� Includes:
1. Procedures for Storm Water Pollution Prevention Plans
B. Deviations from i}�is City of Fort Worth Standard Specification
1. None_
C. Retated Specification Sections include, btit are not necessarily Iimited to:
l. Division Q— Bidding Requirements, Coi�h•ac# Forms and Conditions of the
Contrac#
2_ Division I— Genera( Req�irements
3. Section 31 25 00 — Erosion and Sediment Control
1.2 PRICE AND PAYMENT PROCEDURES
A. Measuremeni az�d Payment
1. Constr�.�ction Activities resuiting in less than i acre of disturbance
a. Work associated with this Ttem is considered subsidiary to the various Items
bid. No separate paynneni will be aliowed for this Itezn.
2. Cons�-uction Activrties resulting in grea#er than 1 acxe of d'asturbance
a_ Measure�nent and Fayment sl�all be in accordance with Section 31 25 00.
1.3 REFEREIVCES
A. Abbreviations a��d Acronyzns
l. Notice of intent: N01
2. Notice of Ter�ninatioiz: N4T
3. Storm Water Po11�Etion Prevel�tion Pian: SWPT?P
4. Texas Co�ninission on Environmental QuaIity: TCEQ
5. Notice of Change: NOC
A. Reference Standards
]. Refes-ence standards cited in t1�is Specification refer to the current reference
standard pt�blished at the time of #I�e latest revision date togged at the end of this
Specification, �inless a date is specifically cited.
2. Integrated Storm Manage�nent (iSWM} TechnicaI Maniial for Const�-uction
Corztrols
1.4 ADlYIIN�STR.ATTVE REQUIREMENTS
A. General
1. Contractor is responsible for resoiution and payment of any ftnes issued associated
with compliance to Stormwater Pollution Prevention Pian.
CITY OF FORT WORTH SAN]TARY SEWER RLl-iABILITATION CONTRACT �30 PAfZ'I� ]
STANDARB CONSTRUCTiQN SPECIFICd�T1pN DOCUivIENTS City Projecc Na. 01499
Revised luty 1, 2011
01 57 13 - 2
S"CORM WATEIt POLLLiTION PREVENTTOi�I
Page 2 of 3
B. Constructiaz� Activities resulting in:
2
3
4
5
6
7
8
9
IO
11
12
13
l4
l5
Ib
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
I. Less than 1 acre of dist�irbance
a. Provide erosion and sediment controi iz� accordance with Section 31 25 00 and
Drawings.
2. 3 to Iess than 5 acres of disturbance
a. Texas Po1.h2tant Discharge Elimination System {TPDES) General Construction
Permit is required
b. Campiete SWPPP in accordance wi#h TCEQ requirements
l) TeEQ Smaii Constructi_on Site Notice Required under general permit
TXR I 50000
a} Sign and post at job si#e
b} Prior to Freconstn2ctian Meetinb, send 1 copy ta �ity Department of
Tra��sportation and Public Works, Environrr�ental Division, {817) 392-
6088.
2} Provide eras�on and sediment contro� in accordance with:
a) Section 31 25 00
I�� TI78 DT3WiI2aS
c) TXR15d400 General Permit
d) SWPPP
e) TC�Q requirements
3. 5 acres or more of Disturbance
a. Texas Pollutant Discharge Elimination System (TPDES) General Construction
Pernait is required
b. Complete SWPPP in accordance with TCEQ requiremen�s
1) Prepare a TCEQ NOI form and submit to TCEQ aiong with required fee
a) Sign and post at job site
b} Send copy to City Depart�nent of Tra3�sportation and Pubiic Works,
Enviro��mental Division, (8T 7) 392-5088.
2) TCEQ Notice of Change required if making changes ar updates to NOI
3) Provide erosion and sediment contrai in accorc3ance with:
a) Section 31 25 00
b) The Drawings
c) TXR150440 Ge��eral Permit
d) SWPPP
e) TCEQ req:uirements
4} 4nce the project IZas been cot�zpleted and aIi #he closeout requirements of
TCEQ llave been met a TCEQ Notice of Termination can be submitted.
a) Send copy ta City Depart�nent of Transportation a►�d Public Works,
Environn�entai Division, ($J 7) 392-b088.
40 1.5 SUBMITTALS
4[
42
43
44
45
46
47
A. SWPPP
Sub�nit in accordai�ce with Sectian O 1 33 00, except as stated herein.
a. Prior to the Preconstrltctiozl Meeting, submit a draft copy of SWPPP to the City
as folCows_
1} 1 copy to the City Project Manager
a) City Project Manager will forward to ti�e City Department of
Transportation ar�d 1'L�blic Works, Environmental Division for review
CI"I'Y OF FORT WORTH SANiTARY SEWER 12EHABILITATION CONTRACT $4 PART t
STANDARD CONSTRUCTIOi�! SPECIPICAT(ON �OCUivIENTS City Project No. 01�94
i2evised July l, 2011
OI 57 13 - 3
STORM WATER POLLUTION PKEVEN"i'(ON
Page 3 of 3
i B. Modified SWPPP
2 1. Ifthe SWPPP is revised during constnzction, resubmit modified SWPPP to the City
3 in accflrdance with Section 01 33 00.
4 1.6 ACTION SUSMITTALS/IN�ORMATiONAL SUBIi'�TTALS [NOT USED]
5 1.7 CLOSEOUT SUBMITTALS [NOT USED�
6 1.8 11'YAINTENANCE MATERI:AL SUBNIITTALS [NOT USED]
7 1.9 QUALITY ASSURANCE [NOT US�DJ
8 11� DELNERY, STORAGE, AND HANDLTNG [NOT USED]
9 1.11 FIELD [SITE� C�NDITIONS (NOT USEDj
10 1.i2 WA,T2RAI�TY [NOT USED�
11 PART 2- PRODUCTS [NOT USED]
12 PART 3- EX]�CUTION [NOT USED]
i3
t4
15
END 4F SECTION
Revision Log
�ATE NAME SUMMARY OF CHANGE
CITY OF FOR'I' WORTH SANI'I:aRY SEWER REIiABILITATION CONTRACT SO PART 1
STANDARD CONSTRUCTiON SPECfPICATION DOCUMF.;NTS City Project No. 01�99
Revised July l, 20t ]
6i5813-1
TEMPURARY PROJECT SIGNAGE
Page i oi3
i
�
3 PARTX- GENERAL
4
5
6
7
8
9
lQ
lI
12
13
14
15
I6
i7
t8
19
20
21
22
23
24
25
SIECTION 01 58 13
TEMPORARY PROJECT SIGNAGE
1.1 SUMMARY
A. Section Incle�des:
1. Temporary ProjecY Sigziage Requirernents
B. Deviatio�zs from this City of Fort Worth Standard Specificaiion
l. None.
C. Rela#ed Specification Sections inciude, bu# are not necessarily limited to:
1. Division 0— Bidding Requirements, Contract Forms and Conditio.ns of the Contract
2. Divisian i— GeneraI Requirements
1.2 PRICE AND PAYMENT PR4CEDURES
A. Measurerr�ent and Payment
1_ Work associated with this Item is considered s�ihsidiary to the various Ttems bid.
No separate payment will be allowecl for this Item.
13 R:CFERENCES [NOT USEDJ
1.4 ADMINISTRATIVE REQUIREMENTS [NOT USEDj
1.5 SUBMITTALS [NOT USEDj
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBNIITTALS [NOT USICD]
1.7 CLOSEOUT SUBMTTTALS [NOT USED�
i.8 MALNTENANCE MATERIAL SUBMITTALS jNOT USED�
19 QUALITY ASSURA.NCE (NOT USED)
1.14 DELNERY, STORAGE, AND HANI?LING [NOT USED]
1.11 FIELD [SITE] CONDITIONS �NOT USED]
1.12 WARRANTY [NOT USED)
26 PART 2 - PRODUCTS
2� 2.1 OWNER-FURNISHED �oR] OWNER-SUPPLi�DPR4DUCTS [NOT USEDJ
28 2.2 EQUIl'M�NT, PRODUCT TYP�S, AND MATERIALS
29 A. Design Cri#eria
;0 1. Provide free standipg Project Desigi�ation Sign in accordance with City's Staz�dard
3l Details for project signs_
C7TY OF FORT WORTI-I SAN11"ARY SEINER REHABILII'ATION CONTRACT 8Q PAR"I' 1
STAND�RD CONSTRUCi'ION SPECIFICA`PION DOCUMENTS City Project No. Oi499
Revised Ju1y 1, 2011
01 �8 13 - 2
TEMPORA.RY PROJECT STGNAGE
Page 2 of 3
I B_ Materials
2 l. Sign
3 a. Constructed of 3/4-�nch fir plywood, �ade A-C (exterior} or better
4 2.3 ACCESS�RIES [NOT USED]
5 2.4 SOURCE QUALfTY CONTRO�, [NOT USEDj
6 PART 3 - EXECUTION
7 3.1 INSTALLERS [N4T USED]
8 3.2 EXANIINATI4N [NOT USEDj
9 3.3 PREPARATION [NOT LTSEDj
10 3.4 INSTALLATTON
lI A. General
l2 1. Provide vertrcat installation at extents of project.
13 2_ Relocate sign as needed, upon request of the City.
I4 B. Mounting op�ians
15 a. Skids
16 b. Posts
l7 c_ Barricade
18 3.5 REPAIR / RESTORATION [NOT USEDj
� 9 3.b RE-Il�iSTALLATION [NOT USEDj
20 3.7 FIELD �oRj SITE QUALT�Y CONTROL [NOT USED]
2I 3.8 SYSTEM STARTUP [NOT USEDj
22 3.9 A.DJUSTING [N4T USEDJ
23 3.10 CLEANING [NOT USED]
24 3.1i CLOSEOUT ACTIVI'TIES [NOT USED]
25 3.12 PROTECTION [NOT USED]
26 3.13 MAINTENANCE
27 A. Ge��eral
2& l. Maintenai�ce wi�l incl�ede paintinj and repairs as i�eeded or directed by the City.
24 3.14 ATTACHMENTS [N�T USEDJ
30
31
END OF SECTION
CiTY OF I=ORT WORTH SANfTf1RY SEWER REHABiLITATION CONTRACT 80 PART Y
STANDARD CONSTRUC'T'ION SPECEFICAT[ON DOCUMEN"1'S Ciry Project No. 4I499
Revised.iuly 1,2011
�
Oi 5813-3
TEMPORARY PROJECT STGNAG�.
Page 3 of 3
Revision Log
DAT� NAME SUMMAItY QF CHANGE
2
C[TY Or FORT WOR'T!-t SAlV1TARY SEWER REHABiLI'I'ATtON CONTRACT $4 P�1RT 1
STANBARD CONSTRLJCTION SPECIF1CATi0N DOCUMLNTS City Project No. Oi499
Ctevised Jcsly 1, ZOI 1
O16000-1
P1tODi3CT REQUiREMENTS
Page 1 of 2
1
2
3 PART 1- GENERAL
4 1.1 SUNIMAI2Y
SECTION O1 bQ OQ
PRODUCT REQUIREMENTS
5 A. Section Includes:
6 1. References for Product Requirements and City Standard Froducts List
7 B. Devia#ions from this City of Fort Worth Standard Specification
8 1. None.
9 C. Related Specification Sections include, but are not necessariIy linr�ited to:
10 1. Division Q— Bidding Requirements, Con�ract Forms and Conditions of the Contract
I 1 2. Division 1— General Requirements
12 1.2 PRICE AND PAYMENT PROCEDTTRES [NOT USEDj
13 1.3 REFERENCES [TdOT USEDj
14 1.4 ADIVIINTSTRATTVE REQUIREMENTS
15
16
17
38
i9
Za
21
22
23
24
25
2b
27
28
29
30
31
32
33
34
A. A 1'rst of City approved products for use is located an Buzzsaw as follows:
I. Resaurces\OZ - Construction Documents\Sta�dard Products List
B. �nly products specifically included on City's Standard Product List in ihese Contract
Doc�zments shall be allowed %r 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 ti�e Contract Documen#s supersede sirnilar
products included on the City's Standard Product List.
l. The City reserves tl�e right to not a11ow products to be used for certain projects even
though the product is lisied on the City's Standard Product List_
D_ Althougl� a specific produc� is i�aluded on City's Standard Proc�uct I,is�, not ail
products from that inan.ufacturer are approved for use, including but not limited to, that
manufacturer's standard pradact.
E. See Section Ol 33 00 for submittaI requiremeaats o:�Product Data included on City's
Standard Product List.
1.5 SUSMITTALS [NOT USEDj
1.6 ACTION SUBNIITTALSIINFO�tMATIONAL SUBMITTALS [NOT USEDj
1.7 CLOSEO�IT SUBMITTALS [NOT USED]
1.8 MAi1VTENANCE MATERIAL SUBMITTALS jNOT USEDj
1.9 QUALITY ASSURANCE [NOT USEDj
CiTY OF F042T WORTFI SANITARX SEWER REH?,BILITATION C01�ITRACT 84 PART I
STANDARD CONSTRUCTION 5PECIPfCAT'ION D�CUMENTS City Projeci AIo. 61499
Revised December 24, 2012
O1b00d-2
PRODUCT REQUItt�.,��'NTS
Page 2 of 2
1 1.10 DELIVERY, STORAGE, AND HANDLING �NOT USEDj
2� 1.11 FIELD [SITE] CONDTTI4NS jNOT USED]
3 1.12 WAI2R.ANTY [NOT USED]
4 PART 2- PRODUCTS tl�TOT USED]
5 PART 3- EXECUTION [NOT USED]
6 END OF SECTION
Revision Log
DATE NAME SIJIVLMARY OF CHANGE
10/12/12 D. Johnson Modified Location of City's Standard Product List
8
CITY Ol FQI2T WORTH SANITARY SEWER RE3-iASILITATION CONTR.�CT 80 PART l
STANDAi2D CONSTRUCTION SPECIFICATiON DOCITMENTS City ProjecY No. O1499
T2evised December 20, 2fl12
41b6U0-]
PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 1 of 4
I
2
SECTION Ol 66 00
PR4DUCT STORAGE AND HANDLiNG REQUIREMENTS
3 PART 1 - GENERr�L
4
5
6
7
8
R
10
11
12
i3
14
15
16
17
l8
19
20
21
22
23
24
25
26
27
?g
29
30
31
32
�J
1.1 SUMMARY
A. Section Includes:
1. Scheduling of product delivery
2. Packaging of products for deiivery
3. Protection of products against damage from:
a. Handling
b. Exposure to eiements or harsh environments
B. Deviations from this Czty of Fort Wor�h Standard Specification
1. None.
C_ Related Specification Sections include, but are not necessariiy limited to:
I. Division 0— Bidding Requirements, Contract Farrns and Conditio�ls of the Contract
2. Division 1— Generai Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1_ VVork associated with thzs Iterrz is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
1.3 REFERENC�S [NOT USEDj
1.4 ADIVIINISTRATIVE REQUIREMENTS [NOT USEDj
I.5 SUBNIITTALS [NOT USED]
1.6 ACTI4N SUBNIITTALSJINFORMAT�ONAL SUBMTTTALS [N�7C USED�
1.7 CLOSEOUT SUBNIITTALS [N4T USEDj
1.8 MAINTENANCE MATERI.A.L SUBMITTALS [NOT USED]
1.9 QUALiTY ASSURANCE [NQ'T USEDj
1.10 DELNERI' AND �3ANDLING �
A. Deiivery Requirements
1. Schedule detivery of prodttcts ar equip�nent as required to allow timely instailatiort
and to avoid prolonged storage_
2. Prc�vide apprapriate personnel and equipment to receive deliveries.
3. Delivery trucks wi11 not be pertnitted to wait extended periods of time on the Site
for personnel or eq�.�+pment to receive tk�e delivery.
CITY OF FORT WOR7'f-i SAI�iITARY SEWER REHABILITAT#ON CONTRACT 80 PART I
STANDARi� COI�ISTRUCTI4N SPECIFICATION DOCllMENTS City Prolect No. O]�599
Revised 3uly ], 2011
ffIb600-2
PRODUCT STORAGE AN13 I-iAl�fDLING I2EQUIREMENI'S
Page 2 of 4
1 4. Deliver products or eq�.2ipment in manufacturer's originai unbroken cart�ns or other
2 containers designed and constructed to protect the contents from physical or
3 environmental damaae.
4 5. Clearly and fully mark and ider�tify as to manufacturer, item and installation
5 locat�on.
6 6. Provide man��facturer's instructions for starage and handling.
7 B. Ha��d�ing Requirements
8 1. HandIe producLs or equipment in accordance with these Contract Documents and
9 manufacturer's recommendations and instructions.
10
1]
12
I3
14
1s
i6
17
i8
19
�p
21
22
23
24
25
26
27
?g
29
30
3i
32
33
34
35
36
37
38
C_ Storage Requirements
1. Store materiafs in accordance witl� manufacturer's recommendations and
requirements of these Specificatians.
2. Make necessary provisions foz- safe starage of materials and equipment_
a. Place loose soiI materials an�d maierials to be incorporated into Work to prevent
damage to any part of Work or existing faciiities and to maintain free access at
alI times to atl parts of Work and ta utility service company installations in
vicinity of Work.
3. Keep materials and equipment neatly and compactiy stored in Iocatians that wifl
cause minimum inconvenience to other contractors, public travel, adjoinir�g owners,
tenants and occi�pants.
a. Arrange storage to provide easy access for inspection.
4. Restrict storage to areas available on construction site for storage af maierial anci
equipment as shown on �rawings, or approved by City's Project Representative.
5. Frovide off-site stozage and protection when on-site storage is not adequate.
a. Pravide addresses of and access to of#=site storage locations for inspection by
City's Project Representative.
6. Do not use lawns, b ass plots or other private property for starage purposes without
written permission of owner or other perso�� in possession or control of premises.
7
8
�1
Store in mam�facturers' unopened containers.
Neatly, safeiy and compact�y stack materials delivered and stored aiong line of
tit/ark to avoid inconvenience and damaje to property ow��ers and general public
and maintain at least 3 feet from fire hydrant.
Keep pE�bIic and private driveways and street crossings open.
Repair or replace damaged lawns, sidewalks, streets or other improve�nents to
satisfactio�� of Ci#y's Project Representative.
a. Tota( length which materials may be distributed along route of construction at
ot�e time is 1,000 linear feet, �ntess otllerwise approved in writing by City's
Project Representative.
CITY OF FORT WORTH SANiTARY SEWER REHABILiTATIOiV CONT32ACT 80 PART I
STAI�IDARD CONSTRUCTiON SPECIFICATION T�OCUMENTS City Project No. Q1499
Revised July l, 20] I
{i i b6 00 - 3
PRODUCT STORAGE AND HANDI.FNG REQUIREMENTS
Page 3 of 4
I l.il FIELD [SITE] CONDiTIONS (NOT USED]
2 1.12 WARRANTY [NQT USED]
3 PART 2- PRODUCTS [N4T USEDJ
4 �'ART 3 - �XECUTION
5 3.� It�TSTALLERS [NOT USED]
6 3.2 EXAMINATION [NOT USED�
7 3.3 PREPARATION [NOT USEDJ
8 3.4 ERECTION [NO`T USED]
9 3.5 REPAIR i R.ESTOR.ATiON [NOT USED]
10 3.6 RE-INSTALI.ATION [NOT USEDj
t l 3.7 FIELD [oRj SITE Q�7ALITY CONTROL
t2 A. i'ests and Inspections
13 1. Inspect alI products or equipment delivered to the site prior to unloading.
14 B. Non-Conforming Work
15 1_ Reject all products ar equipment that are damag�d, used or in any otl�er way
16 unsatisfactory for use on the project.
17 3.8 SYSTEM STARTUP [NOT USED)
i 8 3.9 AllJUSTING �NOT USEDJ
19 3.10 CLEANING [NOT USEDj
20 3.11 CLOSEOUT ACT�VITIES [NOT USEDj
2l 3.12 PROTECTION
22 A_ Protect atl praducts or equipment in accordance wiih manufacilirer's written directions.
23 B. Store products or eqnipment in locataor� to avoid physical daznage to items while itt
24 storage.
25 C. Protect eq�iipment fram exposure to eJements and keep tl�oroughly dry if required by
26 the n�anc�fact�rer.
27 3.13 MA]NTENANCC [NOT USEDJ
28 3.14 ATT�CHR'IENTS [NOT USEDj
29 END OF SECTiON
30
CifiY OP FOf2T WOR"CII SANITARY SLWER RL�IABI[,ITATIO� CONTRACT 80 PAR'f 1
STANDARD CONS'fKUCTION SPECI�'1CATION DOCtJMENTS City Project No. 01499
Revised .iuly 1, 20i t
O1 66 00 - 4
i'RODCICT STORAGE AND i-IAi�IDLI1�iG REQIIIRETvtENTS
Page 4 of 4
Revision Log
DATE NAME S�JMMARY OF CHANGE
CiTY 0� FORT WORTf-I SANiTARY SEWER REHABiLITAT]ON CONTRAC7 8fl PAR"i' 1
STANllARD CONST'RUC`CI4N SPECIFICATION DOCUMENTS Ciry Project No. 0?h94
Reviseci luly l, 201 J
ol�000-�
MOBIL[ZATtON AND REMOBILfZATION
Page 1 of 4
2
3 PART 2 - GENERAL
4 1.1 �UDrIMARY
5
6
7
8
9
10
11
12
13
14
15
16
1 '7
18
19
20
21
22
23
24
25
26
?�
28
29
30
31
32
33
34
35
36
31
38
39
40
4t
42
43
44
45
sECTzoN o� �o Qa
M�BiLiZATION AN:D REMOBII.,IZATION
A. Sectio� Inciudes:
1. Mabiiization and Demobi3ization
a. Mobilization
1} Transportation of Contractor's personnel, equipmen�, and operating supplies
to the Site
2) Establishment of necessary general facilities for the Contractor's aperation
at the Site
3) Premiums paid for performaa�ce ar�d pay�rzent bonds
4) Transportation of Contractor's personnel, equipmen#, and operating supplies
to another iocatian withi.n the designated Site
5) Relocation of necessary generai facilities for the Contractor's operation
frozn I location to anofher iocation on the Site.
h. Demobi�ization
I) Transportation of Contractar's personnel, equzpment, and operating suppIies
away from the Site including disassembiy
2) Site Clean-up
3) Removal of alt buildings arzdlor other faciliiies assemblect at the Site %r this
Contract
c_ Mobilization az�d De�nobilization do not include activities for specific items of
wark that are for which payment is provided eisewhere in the contract.
2. Remobilization
a. Remobilzzation for Suspens�on of Work specifically req��ired in the Contract
Documents or as required by City iYtcludes:
1) De�obilization
a) Transportation of Contractor's personnel, equipment, and operating
supplies from the Site inctuding disassembly or temporarily securing
equipment, supplies, and other facilities as designated by the Contract
Documents necessary to s�mspend tlie Work.
b) Site Ciean-i.►p as designated in the Con#ract Documents
2) Remobilizatian
a) Transportation of Contractor's persos�nel, equipment, and aperating
supplies to tl�e Site necessary to resurne the Work.
b) Estabiishme��t of nece�sary generat facilities for the Contractor's
operation at the Site necessary to res�tme the Work.
3) No Payments wiil be made for:
a) Mobilization and Deroobilizatioa from one location to af�otf�er on the
Site in the norrnal progress of performing the Work.
b) Stand-by or idle time
c) Lost profits
3_ Mobilzzations and De�nobilization for Miscellaneous Projects
a. Mobilization and Demobilization
C]TY OF FOit"I' WORTH SANITARY SEWER REI-1AB1LiTATION CONTE2ACT 80 PART l
STANDARA CONSTRUCTJON SPECIFICATION DOCUMENTS City Project No. Ot499
Revised Decembcr 2U, 2612
ol �o 00 -z
MOBILIZATION AN73 REMOBII.TZA7TQ%1
Page 2 of 4
1
?
3
4
5
6
7
8
9
IO
li
12
13
14
15
�G
P7
f8
1) Mobitization shall consist of the activities and cost on a Work Order basis
necessary for:
a) Transportation of Contractar's personnel, equipment, and operating
suppaies to the Site for the iss�ed Work Ord.er.
b) Establishment of necessary general facilities for the Contractor's
operaiion at the Site for the issued Work Order
2) Demobilzzation shall consist of the activities and cost necessary for:
a) Transpartation of Contractor's persannel, er�uipment, a�id operating
supplies from #he Site inctuding disassembly for each issued Work
4rder
b) Site Clean-up for each issued Work Order
c} Removal of ali buildings or other faciiities assem6led at the Site for
each Work Oder
b. Mobilization and Demobitization do not incIude activities for speci�c iterrzs of
work far which payment is pravided elsewhere in the can#ract_
4. Emergency Mobilizations and DemobiIization for Miscellaneous Projects
a. A Mobilization for 1l�Iiscellaneous Projects when directed by the City and t%e
mobiiization occurs within 24 �ours of the issuance o�the Work Order.
19 B. Deviations from this City af Fort Worth Standard Specification
20 1. None.
2� C. Related Specification Sections include, 6ut are not necessarily limited to:
22 1. Division 0— Bidding Requiremen#s, Contract Forms and Conditions of the Contract
23 2. Division I— GeneraI Requirements
24 1.2 PRICE AND PAYMENT PR4CEDURES
25
26
27
28
29
30
31
32
33
34
35
36
37
38
34
44
41
42
43
44
45
4b
A. Measurement and Payrnent
l. IVlobilizaiion and Demobiiization
a. Measure
l) This Item is considered subsidiary to the various Items bici.
b. Payment
1) The worlc performed ai�d materials furnisIied in acc�rcEance witl� this Item
are subsidiary ta tl�e various Iterrts bid and no other compensation w�Il be
allowed.
2. Remobilization for suspension of Work as specificalIy required in the Cantract
Documents
a. Measurement
1} Measurement for this Item sliall be per eaci� remobilization performed.
h. Payment
1) Tl�e work performed and materials furriished in accardance with this I#em
and meas«red as provided u3�der "Measurement" wiil be paid for at the uni�
pr�ce per eacl� "Specified ReEnobilization" in accordance with Coi�tract
Documents.
c. The price sl�all incl��de:
1) Demobilization as described in Section l.I.A.2.a.1 }
2} Remobilization as descri%ed in Section I.1.A.2.a.2)
d. No payments wiIl be made for staF�dby, idIe time, or lost profits associated this
Item.
CTTY OF FORT WORTH SANIT�IRY SEWER REIi�BILITATION CONTRACT 80 PART i
STANDARD CONSTRUCTION SPECIFlCATION DOCUMEN"tS City Project No. Oi499
Revised December 20, 2d12
01 70 00 - 3
MOBILIZATIQN AA3I3 R�MOBILIZATION
Page 3 of 4
i
2
3
4
5
6
7
8
9
iQ
11
12
13
14
15
16
17
1%
i9
24
27
22
23
24
25
26
27
28
29
30
3I
32
33
34
35
36
3. Remobilization for suspension of Work as required by City
a. Measure�nent and Paymen#
l.) This shall be submi�ted as a Cantract Claim in accordance witl� Article 14
of Sectian 00 72 04.
2) No payrnents wilI be made for standby, idle time, or lost profits associated
with this 3tem.
4_ Mobi]izations and Demobilizations for Misceilaneous Projects
a. Measurement
1) Measurement for this Item shall be for eac�t Mobilization az�d
Demobilization required by the Contract Documents
b. Payment
1) The Work performed and materials furnisl�ed in accordance with #his Item
and measured as provided Einder "Measurement" wiil be paid far at the ul�it
price per each "Work 4rder Mob�lization" in accordanee with Contract
Documetrts. Demobiiization shali be considered subsidiary to mobilization
and shall not 6e paid far separately.
c. The przce shalt incltzde:
1} Nlobilization as described in Section 3.I.A.3_a.1}
2} Demobilization as described in Sectian i.1.A3.a.2)
d. No payments wi11 be made for standby, id(e ticne, or ]ost profits associated this
lterr�.
5. Emerge�icy Mohilizations and Demobilizatio��s for MiscetPaneous Projects
a. Measurement
t) Measurement for this Item shall 6e for each MobiIizaiion and
Demol�ilization required by the Cantract DocE�ments
b. Fayment
1) The Work perfori�ed and rnaterials furnished in accordance with tllis Item
and measL�red as provided under "Measurernent" wi13 be paid for at the unit
price per each "Woric Order Err►ergency Mobilization" in accordance with
Contract Documents_ Uemobilization si�all be considered subsidiary to
mobilization and sf�a13 not be paid for separately.
c. The price shall inciude
1) Mobilization as desci-ibed in Section 1.1.A.4.a)
2) Demobilization as described in Section t.l .A.3.a.2)
d. No paymerits will be �nade for standby, idte time, or lost pro�ts associated this
Item.
;7 1.3 REF�RENCES jNOT USEDj
38 1.4 ADNIlNISTRATNE REQUII2EMENT� [NOT USED]
39 1.5 SUBNIITTALS [NOT US�Dj
44 1.6 INFORMATIONAL SUBM�TTALS [NOT USED]
41 1.7 CLOSEOUT SUBMITTALS [NOT USE�}
42 1.8 MAINTENANCE 1VIATERIAL SLiBN1ITTALS jNOT US�D]
43 1.9 QUALITY ASSURANCE [NOT USEDj
44 1.14 DELIVERY, STORAGE, AND HANDLING [NOT USED]
Ct'iY OF FQRT WURTH SANI'I'ARY SEWF_R REHASiLI7'ATTON CONT.RACT 80 PART 1
STANDARD CONSTRUCT'EQN SPECIFICATION UOCUtv1ENTS City Project No. 01449
Revised Decemher 20, 2012
Ol70QO-4
M08ILTZATIOI�3 AND RBMOBII.IZATION
Page 4 of 4
I 1.11 FIELD [SITEj C4NDITIDNS [N4T USED]
2 L12 WARRANTY jNOT USEDj
3 PART 2- PRODUCTS [NOT USEDj
4 PART 3- EXECUTION {NOT USED]
5 END OF S�CTION
Revision Log
DATE NAME SUMMARY OF CHANGE
7
CiTY OF FORT WQRTH SAN[TARY SEW£R REHAB[LITATIflN CONTRACT 8Q FART l
STANDARD CONSTRUCTI01�! SPECIFiCATI4N DOCUMET�lTS City Project No. Oi499
Revised December 20, 2012
Q17123-1
CONSTRUCTiO?�i STAKING AND SURVEY
Page 1 of 4
l
2
3 PART1- GENERAL
4
5
G
7
8
9
14
11
I2
I3
f4
15
I6
I7
t8
19
20
21
22
23
24
ZS
26
27
28
?9
30
31
32
33
34
35
36
37
38
SECTION Ol. 7l 23
CONSTRUCTION STAKING AI�iD SURVEY
l.l SUMIV[ARY
A. Section Inciudes:
1. Requirements for construction staking and constructio7� survey
B. Deviations fram this Czty of Fort Worth Standaxd Specification
1. None.
C. Retated Specification Sections inc�ude, but are not necessarily Pimited to:
1. Division 0— Bidding Requirements, Contract Forms and Conditions of ti�e Contract
2. Division 1— General Requirements
1.2 PRiCE AND PAYN�N'T PROCEDUR.ES
1-1. Measure�nent and Pay�ent
1. Construction Staking
a. Nleasurement
1) This Item is considered s�zbsidiary to the various Ttems bid.
b. Payment
1) The work performed and the materials furnished in accordance with this
Iterrz are subsidiary to the various Items bid and no other compensation wili
be allowed.
2. Canstruction Survey
a. Measurement
1) Ti�is Item is considered subsidiary to the various Items bid.
b. Payment
1) The work perforrr�ed and the materiaJs fiirnished in aceordance with this
Item are subsidiary ta the various Items bid and no other compensation wili
be allowed.
1.3 REFERENCES [N4T USEDj
1.4 ADMI�TISTRAi'IVE REQUII2EMENTS [NOT US�D]
1.5 SUBNIITTALS
A. S�dbmittais, i� required, shall be i�� accordance with Section 01 33 00.
B. A(1 submittaEs shall be appraved by tl�e City prior io delivery.
l.6 ACTION SUBMITTALSI[NFORMATI4NAL SUBNIITTALS
A. Certificates
1. Provide certificate certifying that elevations and ]ocations of improvements are in
conformance or non-conformance with requirements of #he Contract Docurrfents.
a. Certifcate must be sealed by a cegistered professianai land surveyor i�� tl�e
State of Texas.
C[TY OF FORT WORTH SANTTARY SEWER RF.,HABiLI'7'A1'IOT�I CONTRAC'i' 80 PA12.T 1
STANDARD CONS'i'RUCTIOA3 SPECTFICATION DOCUivICNfS City Project No. 01499
Revised Deeemher 20, 2012
017323-2
CONST'RUCTION STAKINCr AND SURVEY
Page 2 of 4
1 B_ FieEd Quality Control Submittais
2 1. Docunnentation verifying accuracy of field engineering work.
3 1.7 CLOSEOITT SUB11'iITTALS jNOT USEDj
4 1.8 MAINTENANCE MATERIAL SUBNiITTALS [NOT USED�
5 1.9 QUALITY ASSURA.NCE
6 A. Construction Staking
7 l. Constniction staking will be performed by the City.
8
9
14
li
12
13
l4
15
16
i7
18
19
24
21
?2
23
24
25
?6
��
?g
29
30
33
32
33
34
35
36
3�
3$
39
40
41
42
43
44
45
2. Coordina#iatl
a. Contact City's Project Representative at lea.st 2 weeks in advance for
scheduling of Coristructio�i Staking.
b. It is the Contractor's responsibiiity to coord�nate staking such that cons#ruction
activities are i�ot delayed or negatively impacted.
3. General
a. Contractor is responsihle for preserving and maintaining stakes furnished by
City.
b. Tf in the opinion of the City, a sufficient number of stakes or markings have
been lost, destroyed or disturbed, hy Contractor's neglect, such that the
contracted Work ca�inot take piace, then the Contractor will be required to pay
ihe City for new staking with a 2� percent markup. Ti�e cost for staking wilI be
deducted from the payment due ta the Contractor for the Praject.
B. Construction Survey
1_ Construction Survey will be performed by the Ciry.
2. Coordination
a_ Contractor to verify that control data estabiished in the design st�rvey remains
intact.
b. Coordinate with the City prior to field investigation to determine wl�ich
l�orizonta( az�d verticaf control data will be required for construction survey.
c. It is the Contractor's responsibility to coordinate Constructio�� Survey sueiz that
construction activities are not delayed or negatively impacted.
d. Notify City if any cantrol data needs to be restored or replaced due to damage
caused during construction operations.
1) City shail perfor�n replacements and/or resiorations.
3. General
a. Constr�iction survey wilJ be performed in arder to maintai�� coinpiete and
accurate iogs of contro� and survey work as it progresses for Project Records.
b. Tize Contractor wilI need to ensure coordination is tnaintained with the City to
perfoz�n construction survey to obtain canstnaction feat«res, inciuding but not
Iimited to the fotlowing:
t ) All Utiiity Lines
a) Rim and flowline elevations and coordinates far each �nanliole or
junction structure
2) Water Liz�es
a} Top of pipe eleva�ions and coordinates for waterIines at the foliowing
lacations:
{ t) Every 25 0 1 inear feet
CITY QF FORT WQRTH SANITARY S�WEf2 REHfABILITATION CONTRACT 84 PART 1
STANDARD CdiVSTRt�CTION SPECtT�ICAT(ON DOCUMENTS City Project No. 01499
Revised Decentber 2fl. 2012
017123-3
CONSTRUCTION STAKING AND SUT2VEY
Page 3 of 4
1
2
3
4
5
6
7
8
9
10
r�
]2
13
l4
l5
l6
17
18
19
20
21
22
23
24
25
26
?�
28
29
30
31
32
33
34
35
36
37
38
39
40
4l
42
43
44
45
46
47
48
c.
�
(2) Horizonta! and vertical points af inflection, curvature, etc. {All
Fittings)
(3) Cathodic pratection test statioFis
(4) Sampiing statians
(5) Meter boxes/vaults (All sizes)
(6) Fire lines
(7) Fire hydran�.s
(8) Gate valves
{9) Piugs, stubouts, dead-end iines
(1Q) Air Release valves {Manhole rim and vent pipe)
(11} Blow off valves (Manhoie rim and vatve lid)
{12) Pressure ptat�e valves
(13) Cleaning wyes
{ 3 4) Casing pipe (each end)
b) Storm Sewer
{1) Top of pipe elevations a��d coordinates at the fotlowing locations:
{a} Every 2501inear feet
{b) Horizontal and vertical points of inflection, ci�rvature, etc.
c} Sanitazy Sewer
(1) Top of pipe elevations and coordinates for saniiary sewer lines at
the foliowing iocations:
(a) Every 250 �inear feet
(b) Horizontal and vertical points of in�7ection, curvature, etc.
(c) Cleanouis
Constxuction suzvey will be performed in order to maintain complete and
accurate logs of control and survey work associated with meet.ii�g or exceeding
the lirte as�d grade required by these Specifications.
The Corztractor will need to ensure coordination is maintained with tl�e City to
perform construct}on survey and to verify co��trol daia, inc}uding but not
limited ta the foliowing:
1) Established bench�narks arad control points provided for tlze Contractor's
��se are accurate
2) $enchmarks were used to furnish and maintain a4I reference Iines and
grades for tumielinb
3) Lines and grades were used to estabJish the Iocation ofthe pipe
4) Submit to the Ciiy copies of field notes used to establish all lines a��d
grades and allow the City to check guidance system setup grior to
beginning each tunneling drive.
5) Provzde access for the City to verify the guida�lce systein azld the li��e and
grade of the carrier pipe on a daily basis.
6) The Contractor rerr►ains fuily responsible for the accuracy of the work and
#he carcection of it, as required.
7) Monitor line and grade cantinuously during construction.
8) Record deviation with respec# to design line and grade once at each pipe
joint and sL�bmit daily records to City.
9) if the instaiiation does not meet the specified toIerances, immedia#eEy notiiy
the City and correct tl�e instaltation in accordaEzce with the Contract
Doc�iments.
44 1.10 DELIV�RY, STORAGE, AND HANDL7NG [N4T USED�
CiTY OF FORT V+70RTH SANITARY SEWER RF..HABILITATION CONTRACT SO PART 1
STANDARI� �ONSTRUCTTON SPECIFICATION DOCUMENTS City Project No. 01499
12evised December 20, 2012
Ol 71 ?3 -4
CONSTRUCTION STAKTNG AND SURVEY
Pa�e 4 of 4
1 1.11 FTELD [SI7['Ej CONDIT`IONS (NOT USEDJ
2 1.12 WARRANTY [NOT USED�
3 PART 2- PRODUCTS [NOT USED]
4 P�iRT 3 - EXECUTION
5
6
7
8
9
IO
11
12
13
l4
IS
Ib
17
18
19
20
2l
22
23
3.1 INSTALLERS [NOT USED]
3.2 EXAIVIINATION [NOT US�D]
3.3 PR�P,EIRATI4N [NOT USEDj
3.4 APPLICATI4N
3.5 REPATR / RESTORATI�N [NOT USED]
3.6 R�INSTALLATION [NOT USEDj
3.7 FIELD [oRj SITE QUALITY CONTROL
A. it is the Coi�tractor's responsibiiity to maintain all stakes and control data placed by the
C.ity in accQrdance with this Specification.
B. Do nat change or relocate stakes or controi data without approvai from tt�e City.
3.8 SYSTEM STARTUP [NOT USED]
3.9 ADJUSTING [NOT USED]
3.1Q CLEANING jNOT USED}
3.11 CLOSEOUT ACTIVITIES [NOT USEDJ
3.12 PROTECTION [NOT USED�
3.13 MAINTENANCE jl�i4T USED]
3.14 ATTACFIlVIENTS [NOT USED]
END QF SECTION
Revision Log
DATE NAME SLJMMARY OF CHANGE
x!3]12012 D.Johnson
24
CiTY QF FORT WORTH SANiTARY SEWER REFiA.B1LITATfON CONTRACT 80 PART i
STANDARD CONSTRUCTION SPECIFICATI4N IIOCUMEN'I'S City Project No. {? E499
iZevised Decemt�cr 20, 2012
O17423-3
CLEAN€NG
Page i of 4
i
2
3
4
5
6
7
8
9
IO
I2
12
13
14
15
lb
17
18
19
20
21
22
?;
24
?�
26
?�
28
29
34
31
32
33
SECTION 41 74 23
CLEANING
PAR.T l. - GENERAL
�.1 SI3MIYIARY
A. Section Includes:
1. Intermed'zate and finai cleaning far Work not including special cleaning of ciosed
systems specified elsewhere
B. Deviations from this City of Fort Worth Standard SpecificatiQn
1. None.
C. Reiated Specification Sections include, but are not necessarily limiied ta:
1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Coniract
2. Division 1— General Requirerr�ents
3. Section 32 92 i3 — Hydro-Mulchzng, Seeding aud Sodding
1.2 PRICE AND PAYMTNT PROCEDURES
A. Measurement and Payment
3. Work associated with this Item is considered subsidiary ta the various Items bid.
No separate payment wiiI be allowed for this Itezn.
1.3 REFERENCES [NOT USEDJ
1.4 ADMIi�ISTRATIVE REQUIlZEIVIENTS
A. Scheduling
I. Schedule cleaning operations so tlzat dust and other contaminants disturbed by
cleani�zg process wilt i�ot falt on newly painted surfaces.
2. Schedule final cleaning upon completion of Work and immediately prior to fit�al
inspection.
i.5 SUSMITTALS [NOT USED]
I.6 ACTION SUBMITTALSIJ[NNFORNdATIONAL �i7BMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT U�ED]
1.8 MA.IN'�'ENANCE MATERiAL SUBMITTALS jNOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 STORAGE, AND HANDLING
A. Storage and Handling Reguirements
1. Store cieaning produc�.s and cleaning wastes in containers speci�ca([y designed for
those materials.
CITY OF FOR'C WORTH SANITAftY SEWER REHABILf'TAT[ON CQNTRACT 80 PART 1
STANDARD COh1STRUCTION SPECIFICATION DOCUIv]�NTS City Project No. 02499
Revised July I, 2011
03 74 23 - 2
CLEANING
Page 2 of 4
I 1.11 FIELD [SITE] CONDITIONS [NOT USED]
2 1.12 WA,R.RANTY [NOT USEDj
3 PART2- PRODUCTS
4 21 OV4�NER-FURNIS�IED (oR] OWNER-SUPFLIEDPRODUCTS (NOT USEDj
5 2.2 1VIATERIALS
G
7
8
9
10
11
]2
A. Cleaning Agents
1. Compatibie with s�,�rface being cleaned
2. New and uncontaminated
3_ For manu€actured surfaces
a. Material recommended by manufacturer
2.3 ACCESSORIES [NOT USED)
2.4 SOURCE QUALITY CONTROII jNOT U�ED]
13 PART 3 - EXECUTION
14 3.1 INSTALLERS [NOT USED�
15 3.2 EXANfINATION jNOT USED�
i 6 3.3 PREPARATION (NOT' USED�
17 3.4 APPLICATION (NOT USEDj
i 8 3.5 REPAIR / RESTORA,TION [NOT USED]
i 9 3.G RE-TNSTALLATION jNOT US�D]
20 3.7 FIELD [ouJ SITE QUALITY CONTROL [NOT US�Dj
2I 3.8 SYSTEM STARTUP [NOT USEDj
22 3.9 ADJUSTING [NOT USED]
23
24
25
26
?7
28
29
30
31
32
3.14 CLEANING
A_ General
1_ Prevent accumulation of wastes that create liazardaus conditions_
2. Cond��ct cleaning and disposal operations to comply with laws and safety orders of
governing aut]Zorities_
3. Do not dispose of volatFle wastes such as mineral spirits, oil or paint thinner in
s#orin or sanitary drains or sewers.
4_ Dispose of clegradable debris at an appraved salid waste disposal site.
5. Dispose of r2ondegradable debris at an approved sol:id waste disposaf site or in an
alternate InaElner approved by City and regulatory agencies.
CITY OF FORT WORTH SANITARY SEWER REHAI3IL1'TATION CONTRAC"I' $0 PATZT 1
STAI�IDACtD CONSTRUCTION SPFCIFICATION I30CUMENTS City ProjecE No. 01499
Revis�d July 1, 2fli I
01?423-3
CL£�IING
Page 3 of4
i 6. Hand�e materials i�� a contro3ted ma��ner with as few handiings as possibie.
2 7_ Thorougt�tty clean, sweep, wash and poIish alI Work and equipmelat associated with
� this proj ect.
4 8. Remove all signs of temporary canstruction and actavities incidentaI to constriiction
5 of required permanent Work_
G 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to
7 have the c(eaning completect at the expense of the Contractor.
8 1�. Do not burn oit-site.
9
ia
1�
12
13
J4
IS
l6
i7
18
19
20
21
22
23
24
25
26
27
28
29
30
�1
32
33
34
B. Intertr�ediate Cleani�g during Construction
1. Keep Wor% areas c�ean so as not to hinder heafth, safety or convenience of
personneI in existing faciIity aperations.
2. At tnaxiznum weekly intervaIs, dispose af waste rnaterials, debris and rubbish.
3_ Confine construction debris dai�y in strategicalty located container{s):
a. Cover to prevent blowing by wind
b. Store debris away from constrEtction or operational activities
c_ Haul from site at a miniznum of once per week
4. Vacuum clean interior areas when ready to receive finish pain#�ng.
a. Continue vacuum cleaning ort an as-needed basis, unta� .Final Aceeptance.
5. Prior ta starm events, thoroug�ty clean site of alI ioose ar unsecured items, which
may becorne airborne or transported by flowing water during the storm.
C. Interior Final Cleaning
1. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and ather
foreib materials from sight-exposed surfaces.
2. Wipe a11 tighting fixt�ire reflectors, Ienses, Iamps and trims ciean.
3. Wash and shine glazing and mirrors.
4. Polish glossy surfaces to a c[ear shine.
5. Ventilating systems
a. Clea�z permai�ent fiiters and replace disposable fiiters if units were aperated
during construc#ion.
b. Clean ducts, blawers and coils if units were operated without filters during
GOI7 SCiLt C�i Qi2.
6. Replace all bLtrned out lamps.
7. Broom clean pz-ocess area floors.
8. Mop office and control room ftoors.
35 D. Exterior (Si#e or Ri;ht of Way} FinaE Clear�ing
36 1_ Remove trash and debris containers from site.
;7 a. Re-seed areas disturbed by location of trash and debris cantainers in accordanee
38 with Section 32 92 13.
39 2. Sweep roadway to remove all rocks, pieces of as�halt, conccete or any otl3er object
40 that �nay I�inder or disrEipt the flotiv of traf�c aIong the roadway.
4l 3. Cieal� any i«terior areas includina, btit riot limited to, vaults, manhoies, structures,
42 junction boxes and inlets.
CI1'Y OP FORT WORTH SANITARY SEWER REHABILI"fATIdN CONTftACT 80 PAKT 1
S'I'ANDARi� GONSTRUCI`!ON SP�C[FICATION DOCUMENTS Ci£y Project No. 41499
Revzsed h�ly I, 201 1
1
2
3
4
5
6
7
8
9
Q I 74 23 - 4
CLEANING
Page 4 of 4
4_ If no longer requzred for maintenance of erosian facifities, and upon approvai by
City, remove eroszon control from site.
5. Ciean signs, lights, signals, etc.
3.11 CLOSE4UT ACTIVITIES jl�iOT USED)
3.12 PROTECTION [N4T U�EDJ
3.13 MAINTENANCE [NOT USEDj
3.14 ATTACHMENTS [NOi' USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
14
CITY OF FORT WORTH SANITARY SEWF_R REHI�$ILITATION CONTRACI' 80 PART 1
STANDAR� CONSTRUCTION Sf'CCIFICATION DOCUMENTS City Pro3ect No. Oi499
Revised July l, 201 I
O17719-1
CLOSEOtJ'1' REQUIREMENTS
Page 1 of 3
1
2
3
4
5
6
7
8
9
IO
il
12
13
14
15
16
17
18
19
20
2t
22
23
24
25
26
SECTION Ol. 77 19
CL,OSEOUT REQUIREMENTS
PART1- GENERAL
1.1 SUMMARY
A. Section Includes:
1. The procedure for cIasing out a contract
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sectians i�clude, but are not necessarily limited to.
1. Division 0— Bidding Requirements, Contract Forrns and Conditions of ihe Contract
2. Division 1— General Requirements
1.2 PRTCE AND PAYMENT JPR�CEDURES
A. Measuremeni and .Payment
1. '�Vork associated with this Item is considered subsidiary to the various Items bid.
No separate payment wi�l be atiowed for this Item.
1.3 REFERENCES {NOT USEDj
1.4 ADNIINISTRATNE REQUIt2EMENTS
A. Guarantees, Bonds and Affidavits
i. No appiication for final paymel�t wiit be accepted until alt guarantees, bonds,
certificates, iicenses anci affidavits reqizired far Work or equiprnent as speciiied are
satisfactorily fiied ��ith the City.
B. ReIease of Liens or Claims
l. No application for fina! payme�rt will be accepted until satisfactozy evidence of
reiease of liens l�as been subinitted to the City_
1.5 SUBMITTALS
A. Submii all required docL�mentation fo City's Projec# Represer�tative.
CIT'Y OF F�RT WORTH SANITARY SEWER REHABILI'I'ATtON CONTRACT 80 PART 1
STATIDAR3� CONSTRUCTION SPECIFICAT(UN BOCUMENTS City Praject No. 01449
Revised July I, 201 I
41 77 19 - 2
CLOSEOt3T REQUIREMENTS
Page 2 of 3
1 1.6 INFORMATIONAL SUBMITTALS [NOT USEDj
2 1.7 CLOSEOUT SUBNIITTALS [NOT USED]
3 PART 2- PRODUCTS [NOT USED]
4 PART 3 - EXECU'i`ION
5 3.1 INSTALLEI2S [NOT USEDj
6 3.2 EXAMINATION [NOT USEDj
7
8
3.3 PREPAR�.TION [NOT USED]
3.4 CLOSE4UT Pi20CEDURE
9 A. Prior io requesting Final Inspection, submit:
i0 l. Project Record Docunnents in accordance with Section Oi 78 39
1 I 2_ Operation and Maintenance Data, if reqciired, in accordance with Section Ol 78 23
12
13
14
1�
lG
17
t8
I9
24
2t
22
23
24
25
26
27
28
29
30
3i
32
33
��
35
3b
37
38
39
B. Prior to requesting Final Inspection, perform finat cleaning in accordance with Section
Ol 74 23.
C. Pinat Inspection
1. After final cleaning, provide notice to the City Project Representative that tl�e Work
is completed.
a. Tlie City wi11 make an initial Fina1 Inspection with the Co��tractor present.
b. Upon completion ofthis inspection, the City wil3 notify the Contrac�or, in
writ.ing within 10 business days, of any particulars in which this inspection
reveals that #he Work is defective or incomplete.
2. Upon receivi�3g written not►ce from tlze City, immediately undertake tl�e Work
required to remedy defciencies az�d co�npiete the Work ta ti�e satisfactian ofthe
City.
3. Upon completion of Work associated with tl�e iterrts listed in the City's u�-itten
notice, ii�%rn� the City, that the required Work has been completed. Upon receipt
of this notice, the City, in ihe presence of the Col�tractor, will make a subsequent
Final Inspection of the project.
4. Provide all special accessaries required to place each itetn of eguipment i�z fitli
operation. These special accessory items include, E�ut are not limited to:
a_ Specified spare parts
b. Adequate oil and grease as required for the first Iubrication oftl�e equipment
c. Initial f 11 iFp of all cl�emical tani:s a��d fi.iel tanks
d. Light butbs
e. �uses
f. Vault keys
g. Handwl�eels
h. Other expendaE�le items as requieed for initial start-up and operation of afi
equipment
D. Notice of Project Campletian
CITY OF FORT WORTH SANiTARY SEWER REHABiLITATiON CONTRACT SO PART 3
STaNDARD CONST'RUC?!ON SPEC[FICATION I3QL:UMENTS City Praject No. 01�99
Revised 3vly 1, 2611
Oi 77 i9-3
CLdSEOLiT REQUIRFiv1ENTS
- Page 3 of 3
1 1. Once the City Project Represernative finds the Work subsequent to Final Inspection
2 to be satisfactory, the City wi�i issue a Not[ce of Project Completion (Green SlTeet}.
3 E. Siipportirzg Documentatian
4 1. Coordinate with t12e City Proj�ct Representati��e to coinplete the following
5 additionai forms:
6 a. Final Payzneni Request
7 b. Statement of Contract Time
8 c. A�davit of Payment and Release of Liens
9 d. Consent of S�.trety to Final Payment
10 e. Pipe R.eport (if required}
11 f. Contractor's Evaluation of City
] 2 g. Ferformance EvaIuatian of Contractor
13 F. Letter of Finai Acceptance
14 1. Upon review and acceptance of Notice of Project Completion and Supporting
15 Documentation, in accordance with Get�eral Conditions, City will issue Letter of
16 Pznal Acceptance and reIease the Final Payment Reqt�est for paymer�t.
17 3.5 REPAIR / RESTORATION [NOT USED]
18 3.5 RE-INSTALLATION [N4T USED)
19 3.7 FIELD (oR] SITE QUALITY CONTROL [N�T USED}
20 3.8 SYSTEM STARTUP [NOT USE➢j
2i 3.9 ADJUSTI[l�iG [N�T USEDJ
22 3.10 CLEAI�TING [NOT US�D]
23 3.l l C]GOSEOUT ACTIVIT�ES [NOT USEDJ
- 24 3.12 PROTECTION [NOT USEDJ
25 3.13 MAINTENANC� [NOT USEDj
2b 3.14 AT7CACHMENTS [NOT USEDj
?� END OF SECTION
?g
�
CITY OF FORT WORTH SANI7"ARY SEWER REHABII,}TATION CQNTRACT A4 PART !
S"I'ANDi1RD CONSTRUCTlOi�1 SPECIPiCATION DOCU1vIFNTS City Project No. Oi499
Revis�d .itziy i, 2011
O17823-1
�PERATION AND IvSAINTENANCE J7ATA
Page i of 5
1
?
3 PART1- GENERAL
�
5
6
7
8
4
10
11
12
13
i4
15
i6
i7
18
49
20
21
22
23
24
25
2b
27
28
29
30
31
32
33
34
35
3b
3?
SECTION O1 78 23
OPERATION ANI� MAINTENANCE DATA
1.1 SUMMARY
A_ Section Includes:
1. Product daia and related information appropriate for City's maintenance and
aperatian of products fi�rnished under Co��tract
2. Suclz products may include, but are z�ot limited to:
a. Traffic Contrallers
b. I.rrigatia�l Controllers (to be operated by the City}
c. Butterfly Valves
B. Deviations from this City of Fort Worth Standa.rd Specification
l. None.
C_ Related Specificatzan Sections include, but are not necessarily limzted to:
1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1— GeneraI Requirements
1.2 PRICE AND PAYII�ENT PROCEDURES
A. Measurem:ent and Payment
1. Work associated witla this item is considered subsidiary ta the various Items bid.
Na separate paymer3# witi be allowec� for this Item.
1.3 REFERENCES [NOT USEDj
1.4 A]DMINISTRATIV� REQUIRENIENTS
A. Scheduie
1. Submit manuals in fi��al fon�n to the City within 30 calendar days of product
shipmeni to #he project site.
1.5 SUSMITTALS
A. S�.�brrtittats shall be in accardance with Section Ol 33 00 . AI1 submittals shall he
approved by the City prior to deiiveay.
1.6 IlVFORMATIONAL SUBMITTALS
A. Submittal Form
1_ Prepare data in form of an instructional manual for use by Ciiy personnel.
2. Format
a. Size: 8'/2 inches x 1 I i��cl�es
b. Paper
I) 40 pound minimum, white, for typed pages
2) Ho�es reinforced with plastic, cloth ar metal
c. Text: Manufacturer's printed data, or neatly typewritten
CITX OF FOItT WOR"fi-I SANITARY SEWER F:EHABI[,ITATFpN CONTRAC'i' 80 PART I
STANDA.RA CQNSiRllCTION SPEC]FICATiON DOCUMENTS City Project t�io. OI499
Revised Decemher 20, 24i2
Ol 78 23 - Z
OPERATION AND MAINTENANCE DATA
Page 2 of 5
i
2
3
4
5
b
7
8
9
1Q
lt
12
13
1�
iS
;b
I7
I8
19
20
21
22
Z3
24
25
26
27
28
29
30
3i
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
d. Drawings
I) Provide reinforced punched binder tab, bind in with #ext
2) Reduce larger drawings and foid to size of text pages.
e_ Provide fly-Ieaf for each separate product, or each piece of operating
equipment_
1) Provide typed descriptian of prodact, and major component parts of
equipment.
2) Provide indexed tabs_
f. Cover
T) Identify each volume wzth typed or printed title "OPERATING AND
MA3NTENANCE INSTRUCTIONS"_
2) List:
a) T�tle of Project
b) Identity of separate structure as applicable
c) Identifi.y of generai subject matter covered in the manual
3. Binders
a. Commercial quality 3-ring binders wit1� durable and cleanabfe plastic covers
b. When multiple binders are used, correlate the data into related consistent
groupings.
4. If availabte, provide an electronic form of the O&M Manual.
B. Manual Content
1. Neatly typewritten tabie of conients for each voiume, arranged in systematic order
a. Contractor, name of responsible principal, address and telephone number
b. A list of each product required to be incFuded, ir�dexed to canteni of the volume
c. Lzst, with each product:
1) The name, address and telephone number of the si2bcantractor or installer
2) A iist of each proeiuct required to be inclt�ded, indexed to content of the
volurne
3) Identify area of r�sponsibility of each
4) LocaI source of supply far parts and repiacement
d. Identify each product by prodt�ct narne and other iden#ifying symbofs as set
forth in Contract Documents_
2. Produc� Data
a. Include only those sheets which are pertinent to the specific product.
b_ Annotate each sheet to:
1) CIearly iderttify specific product or part instaIied
2} Cteariy identify data applicable to instaiiation
3} De]ete references to inapplicable information
3 _ Drawings
a_ Supplement product data with drawings as necessary to cleariy illustrate:
I) Reiations of companent parts of equipment and systerr�s
2) Contral and flow diagrams
b. Coordinate drawings with infonnation in Project Record Documents to assure
con•ect illustration of compieted instailatio�a.
c. Do nat �.►se Project Record Drawings as maintenance drativings.
4. Written text, as required to suppleinent product data for the particuiar installation:
a. Organize in consistent format under separate headings for different procedures.
b. Provide iogical sequence of irlstructions of each procedure.
CITY OF FORT WOT2TH SANITARY SLWER REHABIi,ITATION CONTRACT $0 PAR'F t
STANDARD CONSTRUCI'ION SP6CIFICATION DOCUMENTS Ciry Project No. 41499
Revised Deces�iber 20, 2012
017823-3
OPET2ATION AND MAINTENANCE DATA
Page 3 of 5
1
2
3
4
5
6
7
8
9
10
11
12
13
i4
i5
16
I7
18
19
20
21
22
23
24
25
2G
27
28
29
30
31
32
33
34
3S
36
37
38
39
40
4]
42
43
44
45
46
47
4&
5. Copy of each warranty, bond and service contract isst�ed
a. Provide information sheet for City personnel giving:
1) Proper procedures in event of failure
2) Instances which might affect validxty of warranties or bonds
C_ Manuai for Materials and Finishes
l. Submit 5 copies of complete manual in final form.
2. Conten�, for architectural products, applied inateriais and finishes:
a. Manufacturec's dat�, giving full inforrnation on products
1) CataIog number, size, composition
2) Calor and texture designations
3) Informatioz� required for reordering special �nanufactured praducts
b. Instructions for care and maintenance
I) Manufacturer`s recommendation for types of cleaning agents and methods
2) Cautions against cieaning agents and meihods whicl� are detrimental to
product
3} Recommended scheduie for cleaning and maintenance
3. Content, for rrioisture protection and weatt;er exposuz-e products:
a. Manufacturer's data, giving full inforcnation on praducts
1) Appiicable standards
2} Chemzcal composition
3) DetaiIs of installation
b. Instructions for izzspection, ma�ntenance and repair
D. Manual for Equipment and Systems
I. Subznit 5 copies of complete znantiai in final form.
2. Content, for each unit of equipment and system, as appropriate:
a. Descripiio�� of unit and camponent parts
1) Functia��, nonnal operating characteristics and limiting conditions
2} Performance curves, engineering data and tests
3} Cornplete nomenciaiure and commercial number of repIaceable parts
b. Opera#ing proced�.ires
l) Start-up, break-in, routiz�e a.nd ��onnal operating instructions
2} Regulation, co��trol, stopping, shut-down and emergency instructions
3) Sumrrter and wi��ter operating instrtletions
4} Special operatif�g instructions
c. Maintenance procedt�res
] ) Routine operations
2) Guide to "trot�ble shooting"
3) Disassembly, repair and reassembiy
4) Aligr�ment, adjusting and cl�eckinb
d. Servicing and lubricatio�� schedule
I) List of ii.�6cicaFlts required
e. Ma�zufacture�-'s pri��ted operating anc� maintenance instructions
f. Description of sequence of operation by control manufacturer
I) 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. �aci� contractor's coordination drawings
1} As itlsialled color coded pipi2�g diagrams
CITY OF FORT WORTH SANtTARY S�WER R�EfAf31LIT'ATION COIVTitACT 30 PAR'1' 1
ST.4NDAKD CflNSTRUC'tION SPECiFICATION DOCUMI:N'I'S C�ty Project No. 01499
Revised December 20, 20I2
017823-4
OPERATION ANA MAINTENANCE DATA
Page 4 of 5
I
2
3
4
5
6
7
8
9
l�
11
12
13
i4
IS
16
17
18
19
20
21
22
23
24
25
26
2�
28
29
i.
J�
k.
3. Content, for each electric and electronic system, as appropriate:
a. Description of system and coznponent parts
1) Function, normal operating characteristics, and iimiting conditians
2) Per�ormance curves, engir�eering data and tests
3) Complete nomenclature and commercial number of replaceabie parts
b_ Circuit directories oipaneiboards
1 } Electrical service
2) Controls
3} Communications
c. As installed color coded wiring diagrams
d. 4perating procedures
1) Routine and normal operating instructions
2} Sequences requireri
3} Special operating instructzons
e_ Maintenance procedures
1 } Routine aperatians
2) Guide to "trouble shootina"
3) Disassembly, repair and reasseinbly
4) Ad�usimen# and checking
f. Manufaeturer's printed operating and maintenance instructians
g. List of original rnanufacturer's spare parts, manufacturer's carrent prices, and
recor�.mended quantities to be maintained in storage
h_ Other data as required under pertinent Sections of Specifications
4. Prepare and include additi�nal data when the need for sucli data becomes apparent
during instruction of Ciiy's personnel.
Charts af valve tag numbers, with location and function of each valve
List of original manufacturer's spare parts, manufacturer`s current prices, aald
recommended quantities to be mainta.ined in storage
Other data as req�.�ired under pertinen# Sections of Specifications
30 i.7 CL4SEOUT SUBIYIITTALS [NOT USED]
3 I 1.8 MAINTENANC� MA,TERIAL SUBMITTALS [NOT USED]
32 1.9 QUALITY ASSURA.NCE
33 A. Provide operation and rnaintenance data by persortnel with the foIlowing criteria:
34 l. Trainer� and experienced in rr�aintenance and opera#ion of described products
35 2. Skilied as technical writer #o the extent required to communicate essential data
3b 3. SkiliecE as draftsman competent to prepare required drawings
CI'iY OF FORT WOR'tFi SANITARY S�WER REHASILITATIQN CONTKACi' 80 PART 1
STANDARD CONSI'1�UC7'ION SPECIFICATTON DOCUMENTS Ciry Project l�io. 01499
Revised December 20, 2012
Oi'7823-�
OPERATION AND MAINTENANCE DATA
Page 5 of 5
1 1.10 DELI�ERY, STORAGE, AND HANDLING [NOT USED]
2 i.li FIELD [SITE] CONDITIONS [NOT US]CD]
3 1.12 WARRANTY [NOT USEDj
4 PART 2 - PRODUCTS [N4T �CTS�D]
5 PART 3- EXECUTiON [NOT USED�
�
7
E
END OF SECTiON
Reviszon Lag
DATE NAME SUlYIMARY OF' CHANGE
8/31/2012 D. Jahnso❑ 1.S.A. ]— titie of section removed
C[TY OF fiURT WORTH SAN3TARY SEWEft REHABIL[TA'CION CONTRACT 80 PART t
STANDARb CONSTRUCT€ON SPECIFICATION DOCUMENTS City P3�oject No. 01499
Revised Decenl6er 20, 2012
017839-I
PROJF..CT RECQRD DOCUMENTS
Page 1 of4
1
2
3 PART1- GENERAL
4
5
6
7
8
9
14
11
12
13
14
l5
16
17
18
19
20
21
22
23
?4
25
26
27
28
29
30
31
32
33
34
35
3b
SECTION 0178 39
PROJECT RECORD DOCUMENTS
l.l. SUI�'IMA.�2Y
A. Section Includes.
1� . Work associated with the documenting the project and recording changes to project
doct�cr�ents, including:
a. Record Drawings
b. Water Meter Service Reports
c. Sanitary Sewer Servzce Reports
d. Large Vtlater Meter Reports
B. Deviations fro� this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are nat necessarily limited to:
1. Division 0— Bidding Requirements, Contract �orms and Conditions of the Contract
2. Division 1— Generai Requireme��ts
1.2 PRICE AND PAYMENT PROCEDUR.ES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various Items bid.
Na separate payment will be allawed for this Item.
1.3 REF�RENCES [NOT USEDJ
1.4 ADMINTSTRATIVE REQUIREMENTS [NOT USED]
1 S SUBIVIITTALS
A. Prior to submitting a request for Final Inspectian, deliver Project Record Documents to
City's Project Representative.
1.6 ACTION SUBMITTAL,S/INFORMATIONAL SUBNIITTALS [NOT U�ED]
i.7 CLpSEOUT SUBIYIITTALS [NOT USEDJ
�.8 IVdAINTENANCE 1VIATER.�AL SUBMITTALS [NOT USED]
1.9 QUAI.ITY ASSURANCE
A. Accuracy of Records
1. Thoroughiy coordinate changes within the Record Doc«ments, mai�ing adequate
and proper entries on each page of Specifcations and each slleet of Drawi��gs a�ad
other pocuments where sucl� entry is required to show the change properly.
2. Accuracy of records sl�ali be suci� that future search for items sllawn in the ConNact
Dacuznents may rely reasonably on informatio�� obtained frorn the approved Project
Record Doc«ments.
C1TY OF FORT WOR'I'E3 SAN[`iARY SEWER R£H;1B(LITATiO?�i CONTRACT SO PART I
STt1NDARD CONSTRUCTTON SPECtPICATION DOCUMENTS City Project No. 01494
Revised July i, 2011
01 78 39 - 2
PROJBCT RECORD DflCUMENTS
Page 2 of 4
I 3. To facilitate accuracy of records, make entries witi�in 24 hours after receipt of
2 information that �lie change has occurred.
3 4. Provide fachtaI infornaation rega.�ding ail aspects of tl�e Work, both concealed and
4 visibie, to enable ft�ture modificatian af the Work to proceed without lengthy axtd
5 expensive site measurement, investigation and examinatian.
6 1.i0 STORAGE AND FIANDLING
7 A. Storage and Handiing Requirements
8 I. Maintain the job set of Record Documents completely prQtected from deteriaration
9 and from loss anc3 damage until completion of the Work and transfer of all recarded
IO data to the final P�oject Record Documents_
1] 2. In tt�e event of loss of recorded data, t�se means necessary to again secure the data
] 2 to the City's approval.
l 3 a. In such case, provzde replacements to the standards originaity required by the
14 Contract Documents_
15 1.11 FIELD [SITE] CONDITIQNS [NOT USED]
16 i.12 WARRANTY [NOT USED]
] 7 PART' 2 - PRODUCTS
18 2.1 4WNER-FURNISI3ED (ax] OWNER-SUPPLIED PR4DUCTS [NOT USED�
19
20
2i
?2
23
�4
��
26
27
2.2 RECORD DOCUMENTS
A_ Job set
1. Promptly falIowing receipt of t�e Notice to Proceed, seeure from the City, at no
charge to the Contractor, 1 complete set of all Documents comprising ti�e Cantract_
B. Final Reeord Documents
1. At a time nearing the compietion of the Work and prioc to Final Inspectio��, provide
tl�e CiEy 1 compiete sei of all Finat Record Drawings in the Contract.
2.3 ACCESS4RIES [NOT USED]
2.4 SOURCE QUALITY CONTROL jNOT USED]
28 P_A.RT 3 - EXECUTION
29 3.1 INSTALLERS [NOT USED)
3a
31
32
33
34
35
3.2 EXAMiNATION [NOT USEDj
3.3 PREPARATION [NOT USED]
3.4 NIAINTENANCE DOCUMENTS
A. Maintena�zce of Job Set
1. Immediately c�poi� receipt ofthe job set, identify each oithe Documents with the
titie, "RECORD DOCUMENTS - JOB SET".
CITY OF FORT WORTH SANfTARY SEWER REHASILITATION CONTRACT 80 P.ARi I
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Projec# No. O1499
Revised Juty l, 20l 1
t2l 78 39 - 3
PROJECT RECORD DOCIJM£NTS
Page 3 of 4
1
2
3
4
5
6
7
8
9
10
il
12
I3
I4
IS
16
17
18
I4
Za
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
3&
39
40
41
42
43
44
45
4b
47
2. Preservation
a. Considering the Contract completion time, the probabie number of occasions
upon wlaich ihe job set must be taken out for new entries and for examination,
and the conditions under which these activities will be performed, devise a
suitable method for protecting the jo6 set.
b. Do not use the job set for any purpose except entry of new data and for review
by the City, until start of transfer of data to final Project Record Doc�.lrrzents.
c. Mairztain the job set at the site of work_
3. Coordination wzth Construction Survey
a. At a minimum, in accordance with the intervals set forth in Section Q 1 7I 23,
clearIy mark any deviations frosn Contract Documents associated with
insiallation ofthe infrastruch.�re.
4. Making entries on Drawings
a. Record any deviations from Contract DocL�ments.
b. Use an erasa6le coiored pencil (not znk or indelible pencil), clearly describe the
change by graphic line and note as required.
c. Date al1 entries.
d_ CaII attention to the entry by a"cloud" drawn around the area or areas af�'ected.
e. In tlle event af overlapping changes, use different colors for the overlapping
changes.
5. Conversion of schematic Iayouts
a. In some cases on the Drawings, arrangements of conduits, circuits, piping,
ducts, and sirnilar items, are shown schematicaiIy and are not intended to
portray precise physicai tayout.
1} Finai physical arrangement is determined by the Contractor, subject to the
City's approval.
2} However, design of future modifcations of the facility �nay require
accurate information as to the final physicai iayaut of items which are
shown oniy schematicaIly an the Drawings.
b. Sliow on the job set of Record Drawings, by dimension accurate to within 1
inch, the centerline of each run of items.
I) 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 Etem {"under slab", "in
ceiling pienum", "exposed", and the iike).
3} Make ali identification suffciently descriptive that it may be related
reliabiy to the Specifications.
c_ Tiae Ci.ty rr►ay waive the requirements for conversioEi of schematic layouts
where, zn the City's judgment, conversion serves no usefi�l piErpose. However,
do ��ot rely «pon waivers beii�g issued except as specificaliy issued in writing
by the City.
B. Fina} Project Record Doc��inents
1. TransFer of data to Drawings
a. Carefi.►lly transfer change data shown on iIie job set of Record Drawings to the
corcesponding ft��tal docutnents, coordinating ti�e changes as required.
b. Clear�y indicate at each affected detail and other Drawzng a fuil description of
changes made durirtg construction, and the act��al iocation of iterns.
CITY OF FORT WOR1'fI SANiTARY SEWER RL-"FIAB[LITATION CONTRACT 80 PART 1
S'I`ANI�AIZD CONS']`RUCTION SPECIFICA'i'IQN DOCUi�dENTS City Project No. Ot499
Revised .fuly 1, 201 i
01 78 39 - 4
PR4JECT RC-CORD DOCUMENTS
Page 4 of4
I
2
3
4
5
6
7
8
9
10
ll
]2
]3
14
IS
16
37
:8
19
2Q
21
?2
23
24
?j
c. Call at�ention to each entry by drawing a"cloud° araund the area or areas
affected.
d_ Make changes neatly, consistently arzd with the proper media to assure
iongevaty and c]ear reproduction.
2. Transfer of data to other pocuments
a. If t,k►e Documents, o�her than Drawings, have been kept cJean during progress of
the Work, and if entries thereon have been orderly to the approval of the City,
tl�e job set ofthose Dociunents, otherthan Drawings, wili be accepted as finaI
Record Documents.
b. If any such Docurnent is noi so approved by the City, secure a new copy of that
Doce�ment from tiie City at the City's usuai charge for reproduction and
l�andling, and carefully trartsfer the chan�e data to the new copy to tI�e approval
of the Citv.
3.5 REPAIl2 i RESTORATI4N [NOT i75ED]
3.6 RE-INSTALLATION [NOT USED]
3.7 FIELD (oxj SIT� QUALiTY CONTROI, jNOT USED�
3.8 SYSTEM STARTUP jNOT USED�
3.9 AD.TUSTING [NOT USEDj
3.10 CLEANING [NOT USEDj
3.I1 CLOS�OUT ACTIVITIES [NOT USED]
3.12 PROTECT'�ON (NOT USEDJ
3.13 MAIl�TENANCE [NOT USEDj
3.1� ATTACI-�MENTS [NOT USED]
END OF S�CTiON
Revision Log
DATE NAME SUMMARY OF CHANGE
26
CITY OF FORT WORTH SANITARY SEWER REHABILI'1"ATION CONTRACT 84 PART i
STANDARD CONSTRI1CTl�N SPECIFiCA'I'iQN DOCUIv[ENTS City Project No. 01499
Revised July l, 2011
A��ENDIX
GG4.01 Availability of La.nds
GC-4.02 Subsurface and Physical Couditions GC-4A4 Underb ound �acilities
GC-4.06 Hazardous Environmental Condition at Site
GC-6.Qb.D Minority and Women Owned Business Enterprise Compliance
GC-6.07 Wage Rates
GC-6.09 Permits and Utilities
GC-6.24 Nondiscrimina�ion
GR-O I 60 00 Product Requirements
CfTY OF FORT WORTH SAtVITARY SEWER REHABILITA710N CQNTRACT 80 PART 1
STANDARD CONSTRUC'I'ION SPECIFJCA?'lON DOCUMENTS City Project No. 01499
Revised Jtiiy 1, 20I 1
GC-4.01 Availability of Lands
C1TY QF FOR1' WORTH SANITARY SEW ER REHABIiITATION CQNTRACT 80 PART 1
STAND/1RD CONSTRUC7'ION SPECiFfCATION DOCUMENTS City Project No. 01499
Revised July l, 2011
GC-4.04 Underground Facilities
0
CITY OF FORT WORTH SANITARY SEWER REHABtLITATlON CONTRACT 80 PART 1
STANDARn CONSTRUCT'iON SPECI�lCAT4UN DOCUMENTS City Project No. 01499
Revised July ] , 201 i
ir-+, ,_.._,..
GC-4.06 Hazardous Environmental Condiiion at Site
ClTY OF FORT WORTH SANITARY SEWER REHABILITATION CQNTRACT 80 PART 1
STANDARD CONSTRUCI`[ON SPECIFICATfON DOCUMENTS City Project No. 01499
Revised Jttly 1, 2011
r� . . .
GC-6.06.D Minority and Women Owned Business
Enterprise Compliance
CITY OF FORT WOR`I�H SANITARY SEWER REHABILITATiON CONTftACT 80 PART 1
STANBAi2D COIQSTRUCTION SPECI['ICATION DOCl1vlEN'CS Ciry Project No. 01499
Revised July 1, 203 I
GC-6.07 Wage Rates
CITY OF FORT WOR"fF[ SANI7ARY SEWER RENABILIFAT]ON CONTfiACT 80 PART 1
STANDARD CONSTRUCTIt)N SPEC€P[CATION DUCUMENTS City Project No. O1d99
Revised luly l, ?O11
2008 PREVA€LING V{lAGE RATES
CONS3RUCil4N 1�tDlSSTFtY
�
GC-6.09 Permits and Utilities
�
CITY OF F�ORT WORTH SANITARY SEWER REHABILITATION COiVTRACT 80 PAR7 3
STANDARD CONSTRUC?ION SPECIF7CATiON DOCUMENT'S City Project No. 01499
Revised Juty 1, 201 t
GC-6.24 Nondiscrimination
CITY OF F�R"f WORTH SANITARY SEWER REHABILITATION CflNTRACT 80 PART 1
STANDARD CONS'I'RUCTION SPECIFICA'i'ION DOCUMENTS City Project No. 01499
Revised ,luly I, 2011
d r
:�
h j�,�. �A tyk, ;s �'� r"" � s }��� �(�
i,nryVe M;'� ..� s" "r ��e
� f, r �� • 1�' a E
�:r� ' " ,."'.�' �r""z
'^'�f" r ! �+, ,A� n r p .:. .y �ll y,gr ,� ,.,�.F; � � �. .. �,.,t °`a .�` Yai.
t�.in ,� 4��� ��� F�� �� `� C� � iiR � ��:��. tt�a �� e,� .TM� 4�j M> '�.�_�
�
.. r' , ',i,7.. ,� �,.. ,.�; , '� ; U .. �n *x.�,st* ai�,. N 2 � �� c .�;
?n�� s;�
f;'� � y�. �,,,.,. -s�' �� i -
°�ti,N �U .i-. � 2. �,. �
;. x._. ��� � r ry� �� � ,��;� . �i � a � w.
�j
� " A�� �"." " „,.€
�,+ � n • � ��•
� � �� ,:.
CWSRF Forms - TWDB-4401 - 2l28/2Q13 Page ?
TABLE OF CONTENTS
Forms required for BOTH the Equivalency (T;er �II) & Non-Equivalency (Tier II) Programs
1 Application Affidavit (TWDB-0201}---------------------------------------------------------- 3
2 Application Filing and Authorized Representative Resalution {WRD-201A}------------ 4
3 Applicatian Resolution — Certificaie of Secreiary (WRD-201b)---------------------------- 5
4 Breakdown af Bid (ED-7 QZ)---------------------------------------------------------------------- 7
5 Contractor's Act of Assurance (ED-143}------------------------------------------------------- 9
6 Contractor's Resolution (ED-104)-------------------------------------------------------------- 10
7 Infornaation Return far Tax-Exempt Private Aciivity Bond Issues (IRS-8038)---------- 11
8 No. Litigation Certificate (WRD-238)---------------------------------------------------------- l S
9 Site Certi�cate (ED-101}-------------------=----------------------------------------------------- 17
10 Utility Profil.e (TWDB-1965}-------------------------------------------------------------------- I9
1 I Vi�astewater Project Information (WRD-253a)------------------------------------------------ 2�
I2 Water Conservation Program An�nual Report {TWDB-1966)------------------------------- 29
Forms required ONLY for the Equivalency Program (Tier I.ti}
13 Assurances — Construction Pra�rams (EPA-424d}------------------------------------------- 36
14 Certification Regarding Debarment, Suspensian, and other Responsibility Matters
i5 (SRF-404)----------------------------------------------------------------------------------------- 39
I6 Certification Regarding Lobbying (WRD-2i3)---------------------------------------------- 44
17 Disadvan�aged Business Enterprise {DBE) Guidance document, TWDB-0210--------- 41
18 DBE Farm TWDB-Q215 — Affirmative Steps Certification and GoaIs------------------- 59
19 D$E Form TWDB-0216 — Affirmative Steps Solicita�ion Report------------------------- 61
20 DBE Form TWDB-OZl 7— Prime Contractar Affirmative Steps Certification & Goals b3
21 DBE Form TWDB-0373 — L,oan ancE Grant Participation Sum�nary----------------------- 65
22 Pre-award Compliance Review Report for Ali Applicants Requesting Federa.l Financial
Assistance {EPA 4700-4)------------------------------------------------------------------------- 67
23 Supptemental Contract Conditions & Instcuctions - CWSRF Tier III & DWSRF
24 {TWDB-0550}------------------------------------------------------------------------------------ 69
2S Texas Application far Payee Identificafiion Number (CPA-AP-152)---------------------- 12l
Forms required ONLY for t�e Non-Equivalency Program (Tier Ii)
26 Supplementa( Contract Conditions CWSRF Tier It T�VDB-OSSI (.ED-004f�-------------125
CWSRF �orms - TWDB-0101 - 2/28/2043 Page 2
C�SR.F Equiva�ency
&
Non--Equivalency
(TIER III & TIER II)
APP��TDI� F - FOR.MS
Forms �equ�red far
�NLY the N�n-Equivalency 1'rog�am
CWSRF Forms - TWDB-Q101 - 2/281203 3
Page 'f 24
This page intentionally ieft blank.
CWSRF Forms - TWDB-0101 - 2(28l20# 3 Page 125
Texas INater Deve[opment Board
�nsiructions on Clse of
Supplemental Con�ract Conditions
For Projects Funded through the
Cfean Water Tier il State Revolving Fund
Repiaces ED-004
CWSRF Forms - TWaB-0101 - 2/28l20i 3 Page 126
Tabie of Contents
Appiicability ............................................................�--.._........-�----..............._. .3
.............•------�--�----•--..............._
AppIicationof Conditions .......................................................•--......................_.................._.........................3
IVlodifications to Provisions .................................�----�-�--•--�--�--.........................---------�----..._._._........---..._......._3
GoodBusiness Practices ...................................................................................................�---�---•---•�----...._.....3
OtherRequirements ............................................................................................... ..................................�---- 4
Advertisementsfor Bids ............................................................................�-•--.................._........_...---�--...._....4
BidProposat ............................................................................................................................................�--...5
BiddingProcess ................................................................................�----.............._......................................_.5
Tnstructionsto Bidders ............................................................................................�--....__............................_ b
1_ CONTINGENT AWARD OF CON'i'RACT .............................................•---......................__........._. 6
Z. EQUAL EMPLOYNLFN'Z` OPPORTUNiTY AND AFFIRMATIVE ACTION .............................. b
3. BID GUARANTEE .......................................................�--•----............------...__....--•---........_......._......_..b
4. AWARD OF CONTRACT TO NONRESIDENT BIDDER ................... ......................................... 6
Construction Cantract—Supplemental Conditions .......................................................................................7
1. SUPERSESSION ....................................................................................•---......_.........--�--........._...........7
2_ PRNITY OF CONTRACT ......................•---......._....._....._....................................._.._...---......._..............7
3. DEFINITIONS .....................................�--....................................._..................._...._.......__............_.........7
4. LAWS TO BE OBSERVED .......................�---.......--•-------------..._.............._........................_.................._7
5. REV�W BY OWNER and TWDB .........................................�-�--•-----�--��--------�--.........._.._...----......._._...7
6. PERFORMf1NCE AND PAYMENT B�NDS .....................................................................................7
7_ PROGRESS PAYMENTS AND PAYMENT SCHBDULE ................................................................. 8
8. WORKMAN'S COMPENSATION INSURANCE C�VER�GE ......................................................1Q
9. CI-iANGES...--�� ....................................................................................•�---..._...._........................--�--..._ IO
10. PREVAILING WAGE RATES .................................................•---�--�---......._............._....._...........---..11
l l. Davis-Bacon Requirements .......................................�----..._.........,..............................._...._..---........_.. 15
MONTHLY DAVIS BACON ACT CERTI�ICATE of COMFLIA�fCE .........................•-•-•---.----.---...---.._...26
Submittaiby Recipient .........................�-��--�--...._........_......_........_.........._......................._........_.............2b
STATEMENT OF COMPLIANCE CERTIFICATION BY CONTR:�CTOR FOR SRF .............28
DOLPayroli form WH-347 .........................�--............--��---..........._................................_........................30
I2. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION ............................... 34
I2. DEBARMENT AND SUSPENSION ................•---._....._........._.............---........_..........................---... 35
13. ARCHEOLOGICAL DISCOVER�S ANI} CULTUR.AL RESOURCES ...................................... 3b
14. ENDANGERED SPECIES ---�� ......................................................��-�--�--...---..._.............--�--�--�--...----..36
15. H�ZARDOUS MATERIALS ...............................................�------�-----......._..................................._..36
16_ PROJECT SIGN ............................�----�--•----.....--�---�-----..............................._.._....._...---.......................3b
17. OPERATION AND MAINTENANCE MANUALS AND TRAiNING ..........................................37
18. AS-BUIi,T DIIvIENSIONS AND DRAWINGS ............................................................................... 37
Forms to be submitt�d «ith executed contracts ......................................................................................38
BIDDER'S CERTIFICATIONS........----�---� ........................................................�---...._........._..._.._..........39
VENDOR COMPLIANCE WITH RECIPROCITY ON NON- .............................................................44
RESIDENT BIDDERS ................................................. ............_....---��--�---�--4Q
............................��--��----•--...
THIS FORM MUST BE RETURNED WITH THE BID .......................................................................40
CONTRACTOR'S ACT OF ASSURANCE ...........................................................................................41
CONTRACTOR'S RESOLUTION ON AUTHORIZED REPT�ESENTATIVE ....................................42
CWSRF Farms - TWDB-0104 - 2/28/2013 Page 127
,r�.pplicability
These Supp]eznental Conditions co�.tain provisions that are worded to camply with certain
statutes and regulatians whicia specifically relate to the Clean Water State Revolvzng Fund
(CWSRF} Tier II (projce�.s receiving state fiznds only}_ Provisions that are applzcable to the
project's funding source or dallar value of the contract are so noted within wzth the provision.
Constntction prajects that have Colonia Wastewater Treatment Assistance Program {CWTAP)
fu�ding da not use #hese conditions but i�stead use the EPA Supplemental Conditions and
TWDB Speczal Conditions TWDB-0553 (formerly ED-004C). �onstruction projects which are
iinanced by CWSRF Tier III (projects receiving federaI funds) and Drinking Water State
Revolving Fund do not use these conditions but instead use TWDB Supplemental Conditions
TWDB-OS50 (forznerly ED-404Ej_ Projects with State Loan funding use Supplemental
Conditions TWDB-fl552 (for�nerly ED-044G).
Application of Conditions
The conditions and forms Iisted under Instructions to Bidders aze to be included in the
instn.ictions to bidders for construction services. The provzsions listed under Construetion
Contract Supplemental Conditions should be included witk� the other general and special
conditions that are typically included in the construction contract documents by the design
engineer.
Modi�c�tions to Provisions
The Applzcant may need to modify parts of these provisions to better fit the other provisions of
the construction contract, 'I'he Appiieant and the consulting engineer slzould carefully study
- these pravisions before incorporating them into the constn�ction corziract documents. In
particular, Water Distric�.s and other types af districts should be aware of statutes relating to their
creation and operation that may affect the application of these condztions.
The Owner {Sub-Recipient} is to determine and incorporate the affirmative action goals for the
project into supplemental conditioi�. No. 11. Condition nux�nber No. 12 (Archealogicai
Discoveries and Cultural Resources} and No. I3 (Endangered Species} may be superseded or
modified by project specific conditions estabiished during the application process.
`These documents may confer certain duties and responsibilities on the cansulting engineer that
are beyond, or short of, what the Applicant intends to delegate. The Applicant should ensure tl�zat
the contractual agxeement with tl�e engineer pravides for the appropriate sezvices. Otherwise the
Applicant should revise the warding in these special conditions to agree with actually delegated
functions.
Good Jgusiness Practices
There are otlzer cc�ntract provisions that the Owner and Designer need to include as a matter of
good b�.isiness practices. It zs recommended that provisioz►s addressing the foIlowing matters be
CWSRF Forms -TWDB-01Q9 - 2l28/2043 Page 128
zncluded in tiie construction contract. Contract Provisions that satisfy these are avaiIable frorn
TWDB upon request.
• Specifying the time frame for accomplishing the Constractian of the project, ar�d the
corzsequences of not completing on time, including liquidation damages.
• Specifying the type and dollar vaiue of and documentation of insurance the contractor is to
carry. As a minimurr� the contractor should carry liabi�ity and builder's risk insurance
� Identifying the responsibility of the connactor - Respansibiiity and warranty of work.
• Price reduction for defective pricing of negotiated costs.
• Differing site conditions - no�ice and claims regarding site conditioas differiz�g from
indicated cazadiiions_
� Covenants against contingent fees - Prahibit contingent fees for securzng business.
• Gra�uities - Prohibitions against offez7ing and accepting gra#uities
• Audit and access records
� Suspension of work - Conditions uxzd.er which awz�er may suspend work.
• Ternnznation - Conditions under which owner may terrninate
� Remedies - How disputes ��ilF be remedied.
Other Requirements
There may be other Iocal government requirements and applicable Federal and State statutes and
regulations that are not accommod.ated by ttzese condit�ons. It is the Loan/Grani Recipient's
responsibility to ensure ihat the project and ail contract provisions are consistent with the
relevant stattates and regulations.
Adveriisements for Bids
The official advertzsement for bids that is pubIzshed in newspapers should include certain
information including:
• A clea.�- description of what is being procured.
• How to obtain P&S, and necessary forms and information.
• The date and #ime by which bids are to be received_ (deadline)
� The address where bids are to be provided.
s Acknowledgerxzent of any special requirements such as mandatory gre-bid conference and
Aff�mative Action reqtxirements.
• Right to reject any arzd all bids.
• All Iaborers and rrzechanics employed by contxactars and subcontrac�,ors an projects funded
directly by or assisted in whole or in part by and thra�.�gh the Clean Water State Revalving
Fund or Drinking Water State Revolving Fund shall by paid wages at rates not Iess than those
prevailing oza projects of a character similar in the locality as determined by the Secretary of
Labor in accordance witl� subchapter N o;f chapter 31 of title 40, United States Cade. Wages
to be paid on this project will be governed by ti�e Department of Labor Wage General
Decisian or Decisions included. in the bid docunients for this praject.
Pt�rsuant to Reorganization Plan No. 14 and the Capelal�d Act, 40 U.S_C. 3145, the
Departznent of Labor has issued reb iations at 29 CFR parts i, 3 and 5 to implement Davis-
CWSRF Forms - TWDB-0901 - 2/2812013 Page 129
Bacon and Related Acts. Rcgulations in 24 CFR 5.5 instruct agencies concerning applicatian
of tha standard Davzs-Bacon cantract clauses set forth in that section. �11 grants, coope.rative
agreements and loans fianded under the Clean Water State Revolvzng Fund and Drinkzng
Water State Revolving �und programs shall include the standard Davis-Bacon contract
clauses found in 29 CFR S.S{a), which shalt aiso be zncorporated in any resultant covered
contracts that are in excess of $2,000 for construction, alteration or repair {including painting
and decorating}.
Sid Proposal
The Bid praposal form should account far the following:
• If i�.unp sum bid, account for Property Consumed in Contrac�s to Improva ReaI Property; Tax
Code t51.056.
• Distinguisl� Eligible and Ineligible iterr�s.
• Accommodate Trench Safety requirements with separate per unit pay item for trench
excavation safety protection Health arzd Safety Code Chapter 756.
• Accommodate Non-Resident Bidder Reciprocity requirements in Government Code
2252.002, by t�tzlizing VVRD-259.
• Include space for Contractor to acknowledge receipt of each Addendum issued during the
bidding pracess.
Bidding Pro�ess
The Plans and Speci�acations should include an explanation of Iaow the bids will be processed.
The explanation should znclude the following components:
• Whether a Pre-bid Confez-ence, will be kzeld, whether it is optional or mandatory, and where
and when ii will be heid.
• Specify the criteria and process far detennining responsiveness and responsibleness of the
bidder.
* Specify the method of detez�mzning the successful bidder and award, and accounting for non-
resident bidder reciprocity requirements Gov. Code 2252.002 (IE. Award to the lowest
responsive resporzsible bidder, accounting for asiy multiple parts ta bids.)
• Allow for withdrawal or a bzd due to a maierial mistake.
• Identify the time frame that the bids may be l�eld by the Owner befare awarding a contract.
(IE. Typically for 60 or 90 days.}
� Acknowledge right af the Owner to reject any and all bids.
All proposed modifications to these conditions should be brought to the attention of and
discussed with the appropriate T�VDB area engineer. Tkze TWDB engineer can aiso answer any
questions regarding these condi�ions. The questions and proposed modi�cations can be sent ta
the following address:
Texas Water Developznent Board
Constructio�i Assistance
P. O. Box 13231
Austin, Texas 787I 1-3231
{512) 463-7$53 FAX {S I2} 475-2086
CWSRF Forms - TWDB-0109 - 2/28/2013 Page 9 3Q
Instructions to Bidders
1. CONTINGENT AWARD OF CONTRACT
This contract is contingent upon release of funds from the Water Developm.ent Board. . Any
contract or contrac�s awarded ur,der this Tnvitatian for Bids are expected to be funded in part by a
Ioan or grant fram the Texas Water Developznent Board, and a grant from the United States
Environmental Protection Agency {U_S. EPA.) Neither the State of Texas, or U_S. EPA nor any
of its departments, agencies, or employees are or will be a party to this Invitatian far Bids or any
resulting con�ract.
2. EQUAL EMPLOYMENT OPPlJRTUNITY AND AFFIRMATIVE ACTION
All qualifed applicants will receive consideration for employment without regard to race, color,
religion, sex tincluding pregnancy), national origin, age (40 or older), disability or genetic
informatian_ Bidders on tl�is work wiil be req�ired to comply with the Department af Labor
regulations 41 C�R Part 6Q-2 Affirmative Actzon Programs which include the President`s
Executive Order No. 1 I246 as amended by Executive Order 1 l 375.
The Bidder's Certifications regarding Equal Emplayment Opportunzty and Non-Segregated
Facilities (WRD-255) must be submitted with the bid.
3. BID GUARANTEE
Each bidder shall furnish a bid guarantee equivalent to �ve percent of the bid price. {Water Cade
17.183) If a bid bond is pravided, the cantractor shali utilize a surety company ��vhich is
autl�arized to do business in Texas in accordance with Art. 7.19-1. Bond of Surety Company;
Chapter 7 of #he insurance Code.
4. AWARD OF CONTI2.A.CT TO NONRESIDENT BIDDER
A govez�nmental entity may not award a governr�ental contract to a nonresident bidder u�iess the
nonresident undezbids the lowes� bid subxnitted by a responsibie resident bidder by an amount
that is noi �ess than the amaunt by which a resident bidder wauld be required ta underbid the
nonresident bidder to obtain a comparable contzact in the state in whicla the nonresident's
principal place of business is located. A non-resident bidder is a contzactor whose carporate
offices or principal place of b�.tsiness is outside of the state of Texas_ (Source: Texas
Government Code Chapter 2252 Subchapter A Nonresident Bidders, (§ 2252.002) 'I`he bidder
will comptete far�n VVRD-259 which must be submitted with tl�e bid.
Forms to be submitted with Bid:
Bidde:'s Certifications regarding Equal E�nployment Opportunity and Non-Segregated
Facilities {WRD-255)
Vendor Compliance with Non-Resident Bzdder Requireme;�ts (WRD-259)
CWSRF Forms - TWDB-4101 - 2128120� 3 Page 131
Construction Contract — Suppiemenial Conditions
1. SUPERSESSION
The Owner and the contractor agree that the TWDB Supplemental Conditions apply to that work
eligible for Texas Water Devetopment Board assistance to be performed under this contract and
these clauses supersede any conflicting provisions of this contract_
Z. PRIVITY OF eONTRACT
Funding for this project is expected to be provided in part by the Texas Water Development
Board. Neither the State of Texas, nor any of its departments, agencies or employees is, or will
be, a party to this contract or any lower tier contract_ This contract is subject to applicable
provisions 31 TAC Chapters 363 and 375 in effect on the date of the assis#:arzce award for this
project.
3. DEFTNITiQNS
(a) The tezm Owner means the locai entity contracting for the construction services.
(b) Tl�e term "TWDB" means the Executive Administrator of the Texas Water Development
Board, or other persan who may be at the tzme acting in the capacity or authorized to perform
the functians of such Administrator, or the authorized representative thereof.
4. LAWS TO SE OBSERVED
In the execution of the Contract, the Contractor must cornply with alI applicable Local, State and
Federal Iaws, including but not limited to laws concemed with labor, safety, minimum wages,
and the envzronment. The Contractor shall make hiznself familiar with and at all times shatl.
observe and co�nply with all Federal, State, and Locai laws, ordinances and reguJations which in
any manner af%et the conduct of the work, and silali indcxnnify and save harmless the Owner,
Texas Water Development Board, anc� their representatives against any claim ariszng from
violation af any such law, ordinarzce or rea lation by hzmself or by his snbcontractor or his
employees.
5. REVIEW �Y OWNER and TWDB
{a) The Owner, autharized representatives and agents o£ the Owner, and TViWDB shall, at ali
tzmes have access to and be permitted to observe and review all work, materials, equipment,
payrolis, personnel records, employznent conditions, material in.voices, and other relevant
data and records pertaining to this Con#ract, provided, however �hat aIl instructions and
approvai with respect to the worl< will t�e given to the Contractar only by the Owner through
authorized represez�tatives or agents.
{b) Any such inspection or review by the TWDB shall not subject the State of Texas to any
action far damages.
fi. PERFORMANCE AND PAYMENT B4NAS
Each contractar awarc�ed a construction contract furnish performance and payment bouds:
CWSRF Forms - TWDB-0101 - 2/28t2013 Page 132
(a) the performance bond shall include without limztation guarantees that work done undez- the
contract will be completed and performed according ta approved plans and specifications and in
accordance wit�i sound coxzstnzction principles and practices; and
(b} the performance and payment bonds shall be in a penal sum of not Iess than 100 percent of
the contract price and remain in effect for one year beyond the date of approvai by the engineer
of the politicai subdivision.
(c) The contractor shall u�ilize a surety company which is authorized to do business in Texas in
accordance with Art. 7.19-1. Bond of Surety Company; Chapter 7 of the Insurance Code
7. PROGRESS PAYMENTS .AND PAYMENT SCHEDULE
{a) The Contractor shall submit for approval immediately af�er execution af the Agreement, a
carefully prepared JProgress Schedule, showing the proposed dates of starting and �ompleting
each af the various sections of the woric, the an�icipated rnorzthly payments ta become due t�ze
Contraetor, and the accumulated pereent of progress each month.
(b) The following paragraph applzes only to contracts awarded on a Iump sum contract price:
COST BREAKDOWN - The Cantractor shall snbmrt to the Owne.r a detailed breakdown af his
esti�nated cost of all work to be accomplished under the cantrac�, so arranged and itemized as to
meet tbe appraval of the Owner or funding agencies. �'his brealcdown shall be submitted
promptly after execution of the �.greement and before any payment is made ta the Contractor for
the work performed under the Contract. After approvaI by the Owner tiae unit prices established
in the breakdown shall be used in estimating the amaunt of partiai payments to be made to the
Cantractor.
{c) Progress Fayments
{1) The Contrac#or shall prepare his requzsztion for progress payment as of the last day of the
payment month and submit it, with the requi�ed num�er of copies, to the Engineer for hzs
review. Except as provided in Paragraph {3) of this subsection, the amQunt of 1he
payment due the Cantractor shall he determined by adding to the total value of wark
completed to date, the value of materials praperly stored on the site and deducting (1}
�ive percent (5%} minimum of the total amount, as a xetainage and (2} the amount of atl
previous payxnents. T�e total value of work completed to date sha11 be based on the
actual or estimated quaniities of work eompleted and on the 3anit prices ca�ztained in the
agreement (or cost breakdown approved pursuant to section 6.b relating to Iump sum
bids} and adjusted hy approved change arders. The valtie of materials properly storec� on
the site shal.t be based upon the estimated quantities of such n�aterials and the invoice
prices. Copies of all invoices sh�It be available For inspection by the Engineer.
(2} TI�e Contractor sha�] be responsible for the care and protection of all materials and work
upon which payzx�ents have been made until final acceptance of such work ar�d 3naterials
by the Owner. Such payments shall not constitute a waiver of the right oF tke Ovvner to
require the fuliZllment of all tezms of the Contract and tlie delivery of aIl impravements
embraced in this Contract cor�plete and satisfactory to the Owner in all details.
CWSRF Forms - TWDB-Q101 - 2128/2033 Fage 433
{3) This clause applies to contracts when the �wner is a Municipal Utility District, or Water
Conbrol and Improvement District. The zetainage sha11 be ten pezcent minimum of the
amount atherwise due until at least fifty pezcent of the work has been completed. After
the project is fifty pe�rcez�t campleted, the District may reduce the retainage from ten
percent to no less than five percent.
(4} Tl�e five percent {5%) zrzinimum retainage of the pzogress paymen�s due to the Contractor
may not be reduced until the bualding of the project is substantiatly compiete and a
reductzon in the retainage has been authorized by the TWDB.
(5) The following clause applies oniy to contracts wYzere the totai price at the time of
executian is $4Q0,000 or �reater and the retain:age is greater than 5% and the Owner is
not legaliy exempted from the condition (i.e. certain types of water districts}.
The Owner shali deposit the retainage in an znteres#-bearing account, and the interest earned on
such retazz�age funds shall be paid to the Contractor after campletion of the contract and final
aceeptance of the project by the Owner.
(d) Wit�holding Payments. The Owner may withhold from any payinent otherv✓ise due the
Cantractor so rnuch as �nay be necessary to protect the Owner and if so eleets may also
withhold any amounts due fro�z the Contractor to any subcontractors or material dealers, for
work perFornned or material furnished by #hem. The foregozng provisions shall be consYrued
solely for the benefit af the Ow.ner and wi11 not require the 4wner to determine or adjust any
claims or disputes between the Contractor and his subcontractors or Material dealers, or to
wiihhold any moneys for their protection unfess the Owner elects �o da so. The failure or
refizsai of the Owner to witi�hold any �noneys from the Contractor shall in no way impair ehe
obligations of any surety or sureties under any bond ar bonds furnished under this Contract.
(e} Payrnents Subject to Submissial of Certificates. Each payment to the Contractor by the
Ov✓ner shall be made subject to submissio� by the Contractor of alI written cer�ifications
required of him and kzis subcontractors by Sectron 3 hereof (relatrng to labor standards) and
other general and speciai conditions eIse�uhere in this contract.
(� Final Payment.
Upon satisfactory coznplefion of the wark perfar�ned under this contract, as a conditio�i
before final payment under thzs contract or as a termznatzon settiement under tnis contract
the contractor shall execute and deliver to the Owner a release of alI claims against the
Owner arising under, or by virtue of, this contract, except claims which are specifically
exeinpted by the contractor to be set forth thereiri. Unless otherwise provided in this
cantract, by State law or otherwise expressly agxeed to by the parties to this contract,
final payment under this contract or settlemen# uport termination of this eontract shall not
constitute a waiver of the O�uner's claims against the contractor or his sureties under thzs
contract or appiicabie performance and payment bonds.
(i}
CWSRF Forms - TWDB-0101 - 2/28/2013 Page 134
{2} After final inspection and acceptazzce by the Owner of all work under the Contract, the
Contractor shall prepare his req�isztion for finaI payment which sha�l be based upon the
carefully measured or computed quantity of each item of work at the applicable unit
prices stipulated zn the Agreement or cost hreakdown (if lump sum), as adjusted by
approved change orders_ The tota.l anrzount of the finai payrrzent due the Contractor under
this contract shall be the amount cornputed as described above less aII previous paymen�s.
(3) The retainage and its interest earnings, if any, shall not be paid to the Contractor until the
TWDB has authorized a reduc�ion in, or release of, retainage on the contract worlc.
t4) Withholding of any amount due the Owner, under general and/or special conditions
regarding "Liquidated Damages," shall be deducted from the final payment due the
Contractor.
S. WORI�I�IAN'S COMPENSATION INSURANCE COVERAGE
{a) The contractor shall certify in writing that the con�ractor provides workers' compensation
insurance coverage for each employee ofthe cantractor empioyed on the public project.
(b) Each subcontractor an the publie project shall provide such a certificate relating to
coverage of the subcontractor's employees to the general contractor, who shall provide
the subcontractor's certificate to the goverr�nen#al entity.
(c) A eontractar who has a coniract that requires workers' compensation insurance coverage
may provide ihe coverage through a group plan or ather method satisfactory to the
governing body of the goverr�ental entity.
(d} T'he employment of a maintenance employee by an employer who �s not engaging in
building or cons�ntction as the employer's primary business does not constitute engagin�
in building or construction_
(e) In this section:
(1) "Building or construction" ?ncludes:
(A) erecting or preparing to erect a structure, including a building, bridge, roadway,
public utility facility, or related appurtenance;
(B}remodeiing, extending; repairing, or den�olishing a st�-ucture; or
(C) othezwzse iznproving real property or an appurtenance to real property through
similar activities.
(2) "Governmental entity" means this state or a political subdivision of tl�is state. The
term includes a municipality.
1. CHANGES
(a) The Owner may at any ti;ne, without notice to any surety; by written order, make any change in
the work within the general scope of t�e contrac#, incfuding bnt not limited to changes:
(1) In tlie specifications (inciuding drawings ar_d designs);
{2} In the tizne, meihod or manner af performance of the work;
(3� In tl�e Owner-furnished facilities, equipment, materials, services or site, or
(4} Directing accelera[ion in tl�e performance of the worlc.
{5) The origii3al contract pi-ice may not Ue inereased under this section by more than 25
percent. The original contract price may not be decreased under tl�is section by tnore than
25 percent without the consent of the contractor. (Local Government Code 271.Qb0)
CWSR� Forms - TWD$-�101 - 2i28i2013 Rage 135
(b} A change order shall aiso be any other written order (including direction, instruction,
interpretation or determinatzon} from the Owner which causes any change, provided the
contractor gives the Owner written notice stating the date, circumstances and source of tJxe Qrder
and that the contractor regards the orde.r as a change arder.
(c} Except as provided in this clause, no arder, statement or conduct of the Owner shail be treated as
a change under this clause or entitle the contractor to an equitable adjustment.
(d) If any change under this clause causes an increase or decrease in the contractor's cost or the time
required to perfornn any part of the work under tltis contract, whetl�er or not changed by any
order, the Owner shall make an equitahte adjustment and modify the cantract in writzng. Except
for claims based on defective specifications, no ciaim for any change under parab aph (a}(2)
above sha11 be allowed for any costs incurred rzaore tl�an 20 days before the contractor gives
written natice as required in paragraph (a)(2). in the case of defective speci�cations far which the
Owner is responsible, tiie equitable adjustment sha(1 incIude any inereased cost the contractor
reasonably inct�n-ed in attemptzng to comply with those defeetive specifications.
(e) If the coniractor intezcds to assert a claim for an equitable adjustment under this clause, the
cont��actor must, within 30 days after receipt of a written change orcEer under parab aph (a) (I} or
the fumishing of a written noiice under parao aph (a) (2}, submit a written statement to ihe Owner
setting forth the generai nahare and monetary extent of such claim Tl�e Owner may extend the 30-
day period. The corctractor may inctude the statement of claim in the norice under paragraph (2)
of this changes clause.
(� No claim by the contractor for an equitable adjustment shatl be allowed if made af#er final
payment under this contract.
(g) Changes that involve an increase in price will be supported by documentatiozz of tbe casts
components in a format acceptable to the Owner.
10. Ph2.EVAILING WAGE RATES
Insert Wage Rate Determination(s}
A"wage determination" is the listing af wage and fringe benefit for each classification of
labarers and mechanics which the Administrator of the Wage and Hour Division of the U.S_
D4L has deterrr�ined to be prevailing in a given area far a particular type of construction. The
Davis Bacon Wage Determinations are classified by the nature of the construction projects
performed, specificaIiy listed as "schedules": residential, building, highway, and laeavy
construction. Insert Wage Rate Determinations indzcating which constntction type is being used.
(More than one may be checked}.
(a) ❑ Construction Type: Heavy determination
Includ�s thc�se }�rc>jects t.l7at a�•e net pro�erzy classi�ed �s eifher :,,�uilding," �,highway,,� or
"reside�tial." Lnlike these c.iassificatiflrs, �ea��y const�ction is �ot a homagcnat�s
classificat�vil. Becati�se c�f this ea�cl�-a1i z�aa.ure, projects within tl�e l�eavy classi�catioil
�r_a�r som�tii��.es bc disting�.�isheu on �lze basis of their particeilar �roject ci;aracteristics,
and separate sch�diites z��ay b� issi�ec fur ui-ec�ginb projects, waier at�d sevaer line
pz-cjects, cia��as, ;��ajor hridgcs, a�ad floaci conirol }�rojec#s.
(b) ❑ Constn2ction Type: Highway detezminatian
CWSRF Forms - TWDB-0101 - 2/28/2Q13 Page 136
Includes constructian, aliera�an or repair of raads, streets, highways, r;znways, taxiways,
aileys, trails, paths, parking areas, and other similar �rajects not incidental to buildi��?g or
heavy const�zction.
(c) ❑ Consiruction Type: Building dete�rnination
Includes canstruction of sl�eltered enclosures �x�ztil walk-in access for the pi�rpose of
I1o�.:sin� p�rsons, machinery, equipment ar supplies; �lI eonstnaction of such stnict€ires;
tl�e installat�on of utilities and of eqtzipment, bath ab�ve and belat�� grade Ievels; as �vell
as incidental �•ading, tItFI1�1�S 8i1tI �?�Vlilg. SiiC�l St17IC�1iT�S i1��C� ilOt �� "habitable" to be
bi�ildinb co��s�-�3etiorz. Also, the instatlation of ]�eav}T ct�a�hil�ery a�dlc>r eq,uipme�i. does
nQt ge��erafly change the �roject's ch�racter as a b��iltii3�g.
(d} ❑ Construction Type: Residential
IncIudes the col.�struction, aiteratic�n or repair of sinale-family houses, apartment
buildings af na more than four stories zn height. This includes alI incidental items such as
site work, �arlcing areas, ntili�ies, streets, and sidet�alks.
Entities s�Zould review iheir contractor's wage decisions and confirm they provide an adequate
cIassifzcation of the Iabor required for the specific construction eontxact. Most CiNSRF projects
witl fail under the "Heavy" construction type, but enti�ies snould ask their consulting engineers if
unsure. Some contracts or projects may require more than one general schedule Yo be included
depending on the nature and extent af the work (i.e. a building is constructed in a water treatment
faciIity). This is described in more detail in DOL's All Agency Memo No. 131_ See website
h#tp:llwww.dol.gov/whd/pro�raxxzs/dbra/memorand_htm. In such cases, the contraciing agency
should designate the work to which each wage determination or part thereof applies per FAR
22.404-2 thn.� 404-3 (Federal Acquisztzon Regulations}_
l�ttps://www.acquisition_�ov/far/current/html/Subpart%2022 4.htrr�l#wp 1 1020 i 7.
Should overlaps occ�tr in the wage classzficatzon schedules for the contract(s}, the owner rnay
consider adopting the higher rate classification.
In aII cases, the entity is responsible to insure an adequate classi�cation is provided to insure
compliance with the law. Where contractors alert the owner that the classification is inadequate,
the ow�er shauld wark with the contractor and the DOL to address any valid concerrzs. See the
Contact Information for additional resources.
Contact Iz�formation
AIt ques#io�s re�arding the Davis-Bacon �.tidance can be directed to: U_S_ Departmeni of Labo�•
Wage and Hour Divisionl-866-4USWAG� (I-$66-487-9243), TTY: 1-877-889-562�, Monday-
Friday 8 a.m. to 8 p.m. Eastern Time. �
If you require further information about Davzs-Bacan and haw ta appty it to yaur project, please
contact the Texas Water Deveiopment Board, Mark Ha11, P.E., Dircctor, at {512) 463-8489.
Additional Resources:
CWSRF �orms - TWDB-Ot01 - 2/28/2093 Page 137
1. For Wage Deternninations applicable to construction projects in Texas:
http://www.wdol. aavidba.aspx#3
2. Source %r determzne the prevailing wage rate for eack� state and county is an ihe web
page, Selecting Davis-Bacon Wage Decisians, provides criteria for state and county:
htt�://www.wdol. t oviarchdba. aspx
3. For mare information on prevailzng wage and wage determznations visit the Prevailing
Wage Resource Book: http://www.dol.�av/vcrhd/recoverv/pwrb/toc.htrn
4. The Unzted States Departinent of Labar website:
http://www. dai.govlcompliance/laws/com,p-dbra.htm
The webpage provides an overview, complzance assistance material, poster information,
recordkeeping, DOL contact information and more.
5. Davis-Bacon and Related Acts Frequently Asked questions
More in-depth infornnatian can be accessed at the Department of Labor (DOL) website:
htt�a://www.dol. �ovlwhdl�ro�rams/dbralfaqs.htm
CWSRF Forms - TWDB-0101 - 2/28/2d13
Page 138
�:ontact Informa�ior� — DOL Texas Offices
;Dalias District Office
US Dept. of Labar
' Wage & Hour Division
�The Offices @ Brookhoiiow
I70I E. Lamar Bivd., Suite 270, Bax 22
`Arlin�ton TX 76Q06-7303
! Phone:
;(817) 861-2150
! 1-8b6-4-USW"AGE
'{1-866-487-9243)
b �
Houston District Office Phone:
US Dept. of Labor �(7] 3) 339-5525
Wage & Hour Division ;1-866-4-iJSWAG
8701 S.Gessner Drive, Suite l l64 (1-SG6-487-9243)
' Hauston, TX 77074-2944
� McAiien District Office `Phor.e:
US Dept. of Labar !{956) 682-4b31
': Wage & Hour Division ;1-866-4-USWAG
i320 N_ Main Street, Room 238 !{1-866-487-9243)
McA11en, TX 78501
Corpus Christi Area Office
US Dept. of Laboz
Wage & Hour Division
Wilson Plaza
606 W. Carancahua, Suite 705
' Corpus Cl�risti, Texas 78476
Robin Matlet
-District Director
E
;.Eden Ramirez
;District Director
E
i Phone: �. V acant
{361) 88$-3152 'Asse. Distric# Director
1-866-4-USWAGE
, (1-8b6-487-9243}
' San Antonio District Of�ice Phone: 3uan Coria
US Dept. of Labor (2.1fl) 3a8-451 � 'District Director
Wage & Hour Division 1-8b6-4-USWAGB
Northchase 1 Office Building (1-866-487-9243)
' 10I27 Morocco, Siute 140
San Antonio, TX 78216
. .._ _ . _ .._... _ _ -. __ __ . _. , _._._._ . _ _____ _ . _ _. . • _. . _ .. _ _ _ -- . _ _.._.
West Texas Panhandle and Northwest Quadrant: See Albuqu�rque, NM
Aibuquerque Dzstrict Office 'Phone: ''Pairicia Davi�son
`Mailing Address_ ; (505) 248-6100 District Director
US D�pt. afLabor i 1-8bb-4-USWAGE
Wage and Hour Division ((1-$bb-487-9243}
P_O. Box 907
Albuquerqtte, NM 87103-0907
Physical Address:
500 Gold, SW - Suite I2000
Albuquerque, NM 87102
� Curtis L. Poer
;District Director
_._...... ..
CWSRF Forms - TUVDB-0101 - 2128/20'i 3 Page '139
11. Davis-Bacon Requirements
A. The fo�lowing terms arad conditions specify how sui�-reczpients that are govemmental entities
will assist the TWDB, as the Staie recipient, in razeeting its Davzs-Bacon responsibilities to EPA_
If a sub-recipient has questions regarding when Davis-Bacon applies, obtainzng the correct
Davis-Sacon wager determznations, Davis-Bacan provisions, or compliance morzztoring, it may
contact the TWDB. The sub-recipient may also obtain addztional guidance from the Department
of Labor's websiie at http://www_doI.govicsa/whcUrecoverv/.
1. Applicability of the Davzs-Bacon prevailing wage reqnirezx�em�s
Davis-Bacon prevailing wage requzrements apply to �he const�-�ctzon, alteration, and repair
activity of infrastructure, including all construction, alteration and repair activity involving
wastewater or drinking water treatment plants is subject to Davis-Bacon. Ii a sub-recipient
encounters a unique situa�ion at a site that presents uncertainties regarding Davis-8acon
applicability, the sub-recipient must discuss tb�e sztuation with the zecipient State before
autho�zing work on that site.
Z. Obtaining Wage Deterrr�inations
{a} Sub-reczpien�s shail obtain the wage determination for the Iocaliiy i�z which a cavered
activity subject to Davis-Bacon will take place prior to issuin.g requests for bids,
proposa�s, quo�es or oiher methods for soliciting contracts {solicitation) far activities
subject to Davis-Bacon. These wage determinations sha11 be incorporated into
soIicitations and any subsequent contracts. Prime contracts must contain a provision
requiring that subcontractors foilow the wage determinatioz� incarporated into the prime
cannact.
(i) Vithile the solicitation remains open, the sub-recipient shall monitor www.wdol.sov on
a on a weekly basis to ensure that the wage determination contained in the saiicitatzon
remains current. The sub-recipients shall arnend the solicitation if DOL issues a
modification more than IO days prior to the cIosing date {i.e. bid opening) for the
soiicitation. If DOL modifies or supersedes the appticable wage determination less than
10 days pr�or to the closing date, the sub-recipients may request a finding from the State
recipient that there is not a reasanable time to notiiy interested contraciors of the
modi�cation of the wuge determination. The State zecipient will provide a report of its
findings to the scib-recipient.
(ii) If the sub-recipient does not award the contraci within 90 days af the closure of the
solzcitation, any modifications or supersedes DOL makes to the wage determinatron
contained zn the solieitation shall be e�'fectzve uniess the State recipient, at �he request of
the sub-recipient, obtaix�s an extension of the 90 day period from DOL pursuant to 29
CFR 1.6(c){3){iv}. The sub-recipient sha11 monitor ���ww.wdoi.gov on a weelcly basis if it
does not award the contract wzthin 90 days of clost�re of the solicitation to ensure that
wage determinatians canta�ned in ihe solicitation remai�a current.
CWSR� Forms - TWDB-�101 - 2/28(2a13 Page '140
(b) If the sub-recipient carries out activity subject to Davis-Bacon by issuing a task arder,
work assignment or similar znsti-ument to an existing cant�-actor {orde�-ing inst:-ument)
rather than by publishing a solicitation, the sub-recipient shall insert the appropriate DOL
wage determination from u��r.wdol.gov into the ardering instrument.
(c} Sub-recipients shali review aIl subconiracts subject to Davis-Bacon entered into by prime
contractors to verify that #he prime contractor has required its subcontractors to include
the applicab4e wage determinatians. '
{d} As provided in 29 CFR 1.6(�, DOL may issue a revised wage determination applicabie to
a se�b-recipient's contract after the award of a contract or the issuance of an ordering
instru�ent if DOL detezznines that the sub-recipient has fazled to incorporafie a wage
determinatian ar has used a wage determination that clearly does not apply to the contract
or ordering instr�ment. If this occurs, the sub-recipient shall eitb.er tern�zinate the con�ract
or ordering insirument and issue a revised soIicitation or ordering instrument or
incorporate DOL's wage determirzatian retraactive to the beginning of the con#ract or
ordering anstnu�uent hy change order. The sub-recipient's contractor must be
compensated for any increases in wages resulting from the use of DOL's revised wage
determination.
3. Contract and Subcontract provisions.
PLEASE NOTE: This Ian�aa6e must be included in all Davis-Bacon covered construction
cantracts and subcon�racts. {29 CFR Part 5.5}.
(a) The TWDB, as the State recipient, shall insure that the sub-recipient(s) shall insert in full
in ar�y contract in excess of $2,4f}0 which is entered znio for the actual constructian,
alteratzon and/ar repair, including painting and decorating, of a public building ar public
work, or building or work f3nanced in whole or in part from Federal funds or in
accordanee wit�Z gttarantees of a Federal agency or financed from funds obtained by
pledge of any con�ract of a Fedeza� agency to make a loan, grant or annual contribution
{except where a different meaning is expressly indicated}, and which is subject ta the
labor standards provisions of any of the acts listed in § 5.1, #he foilowing clauses:
(1 } Mznimum wages
{i) AIl laborers and mechanics empIoyed or warking upan the siie of the work (or under
the United States Housiug Act of 1937 or �utder the Housing Act of 1.949 in the
eonstruction or develapment of the project), will be paid unconditionally and not less
aften than once a week, and without subsequent deduction oz rebate on any account
{except such payroll deductions as are peinzitted by reg�atations issued by the Secretary
of Labor under tk�e Copeland �ct {29 CFR part 3}}, the fulI amount of wages and bona
fde fringe benefits (or cash equivaients tiiereo� due at time of payment computed at
rates nat less than those coniained in the wage deterrraination of t1�e Secretary of Labor
which is attached hereto and made a part hereof, regardiess of any contractual
relationship which may be alleged to exist between the contractor and such taborers
and mechanics.
CWSRF Forms - TWdB-010� - 2l28/2013 Page 144
Contributiarzs znade or costs reasanably anticipated for bona fide fringe benefits under
section 1(b}(2} of the Davis Bacon Act on behalf of laborers or mechanics are
cansidered wages paid to such labarers or mechanics, subject to the provisions of
paragraph (a)(1)(iv) of this sectzon; also, regular contributions made or costs incurred
for more than a weekiy period {but not less often than quarterly) u�der plans, funds, or
programs which cover the paz�zcular weekly period, are deemed to be constructively
made or ixzcurred during such weekly period. Such (aborers and �nechanics shaJl be
paid the appropriate wage rate and fringe benefits on the wage determination for the
classificatian of work actually perfarmed, without regard ta skill, except as provided
in §5.5{a)(4}. Laborers or znechanics perfarnung work in more than one classification
may be compensated at the zate specified for each classification for the iime actuaily
worked therein: Frovided, That the employer's pay�roll records aecurateiy set forth the
time spent zn each classification in which work is pez-�'onmed. The wage determination
(including any adctitional classifaeatian and wage rates confarrned under paragraph
(a){1}{ii) of this section) and the Davis Bacon poster (WH1321} shall be posted at all
times by the contractor and its subcontractozs at the site of the wor�C in a prominent
and accessible place where it can be easily seen by the workers.
Sub-recipients may obtain wage determinatzons from the U.S_ Department of Labor's
website, www.wdol.gov.
(ii}(A) The sab-recipient(s}, on behalf of EPA, shall require that any class of laborers
or n�eehanics, includzng he�pers, whieh is not listed in the wage determination and
which is to be employed under the contract shall be classified in conformance with
the wage determination. The EPA award official shall approve an additional
classification and wage rate and fringe benefits therefore only when ihe following
criteria have been met:
(1} The work to be perfarzned by the classification requested is not performed by a
classification in t�ae wage detern�inaiion; and
(2) The classification is uiili.zed in the area by the construction industry; and
{3) Thc proposed wa;e rate, incIuding any bona fide frznge benefats, bears a
reasonable
relaCionshzp to the wage rates contained in the wage determination.
{B} If the contractor and the laborers and mechanics to be employed in the
classification (if known}, or their representatives, and the sub-recipient(s) agree on
the classification and wage rate {including the amount designated for fringe bene�ts
where appropriate}, a report of the action taken shall be sent by the sub-recipien�
{s) to the State award official. The State a�vard offcial wilt transmit Yhe report, to
the Administra�or of the Wage and Hour Division, Employnient Standards
Administratioz�z, U.S. Department of Labor, Washington, DC 20210. The
Administrator, or an authorized representative, wiIl approve, modify, or disappro�7e
every additional classif cation action within 30 days of receipt and so advise the
CWSRF Forms - TVJDB-090� - 2l2812013 Page 'f42
State award of�icial or will notify the State award official withan the 30day period
that additional time is r�ecessary.
(C} In the event the contraetor, the iaborers or mechanics to be employed in the
classificatior� or their representaiives, arzd the and the sub-recipient(s) do not
agree on the proposed classification and wage rate �including the amount
designated for £ringe benefits, where appropriate), the award official shall refer the
qttestzons, including the views af aIl interested parties and the recommendation of
the Staie award officiai, to the Adzninistrator far de#errnination_ Tiie Administrator,
or an authorized representative, vv�ll issue a determination. within 30 days of receipt
aud so advise the contracting officer or wili notify the contracting officer within
the 30day periad that addational time is necessary.
{D) The wage rate {including fringe benefits where apprapriate) determiz�ed pursuant
to paragraphs (a}(1){ii}(B) or (C) of this section, shall be paid to all workers
pezf�rming work in the classification t�nder this contract from the frst day on
which work is per%rmed in the classification.
(iii) Whenever the rninimuzn wage rate prescribed in the contract for a class of laborers oz
mechanics includes a fringe benef t which is not expressed as an hourly rate, the
cantractor sha11 either pay the benefii as stated in the wage determination or shall pay
anoti�er bona fide fringe bene#it or an hourly cash equivalent thereaf.
(iv) If the contractor does not make payments to a trustee or other third person, the
contractor may consider as part of tl�e wages of any laborer or r�echanic the amount
of any costs reasanabiy anticipated in providing hona fide fringe benef�ts under a plan
or program, Provzded, That the Secretary of Labor has found, upan the written request
of the contractor, that the applicabte standazds of the Davis-Bacon Act have been met.
The Secretary of Labor may require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or program.
{2) Withholding. The snb-reczpient(s}, shall �.ipan written request of the EPA Award
Official or an authorized representative of the Department of Labor, withhaId or
cause to be withheld from the contz-actor under this contract or any other Federal
contz-act with the same prime cantractor, or any other federally assisted contract
subject to Davis Bacon prevailing wage requirements, which is held lay the same
pri.me contractor, so much of tl�e accrued payments or advances as may be considered
necessary to pay iaborers and mechanics, including apprentices, trainees, and helpers,
employed by the coniractor or any subcontractor the full amount of wages required by
the contract. In the event of failure to pay any laborer ar mechanic, including any
apprentice, trainee, ar helper, employed or working on the site of the work, a11 or part
of the wages required by the contract, the {Agency} n�ay, after written notice to the
contractor, sponsor, applieant, or owner, take such action as may be necessary to
cause the suspensioz� of any further payme�it, advance, or guarantee of funds until
such violations have ceased.
{3) Payzolls and basic records_
CWSRF Forms - TWDB-Q101 - 2128/2013 Page 143
{i) Payrotls and basic records relating thereto shalI be maintained by the contractor dunng
the caurse of the work and preserved far a period of three years thereafter for all taborers
and mechanics workzng a# �he site of the work. Such records shall contain the name,
address, and saczal security nurrzber of each such worker, his or her correct classification,
hourly rates of wages paid (including rates of cantributions or costs anticipated %r bona
fide fringe berze�ts or cash equivatents thereof of the types described in section
1{b}(2)(B) of the Davis Bacan Act),daiIy and weekiy number of hours worked,
deductions made and actual wages paid. Whenever the Secretary of Labor has found
under 29 CFR S.S(a)(1}(iv) that the wages of any laborer or mechanic include the amount
of any costs reasonably anticipated in providing benefits under a plan or program
described in section 1(b)(2)(B} of the Davzs Bacon Act, the contractor shatl maintain
records which show that the commitment to provide such benefits is enforceabie, that the
plau or program is financialiy responsible, and that the plan or program has been
communicated iza wr€tzng to the labozers or mechanics affected, and records whicl� show
the costs antzcipated or the actual cost incurred in praviding such benefits. Contractors
eznploying appreniices or trainees unc�er approved programs shall maintain written
evidence of the registration oi apprenticeship progranns and certification of trainee
programs, the registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicabie programs.
(ii)(A} The contractor shall submit ��eekly, �'or each week in which any contract work is
perfarmed, a copy of all payrotls to the sub-recipient, ihat is, the entity that receives the
subgrant or loan frozn the State capitalization gran� recipient. Such documentation sha1l
be available on request of the State recipient or EPA. As to each payrall copy received,
the sub-recipieni shall provide written confirmation in a form satisfactory to �he State
indicating whether or not the pro}ect is in compliance with the requirements of 29 CPR
5.5(a)(l ) based on the most recent payrolt copies far the specifiect week. The payrolls
shali set out accurately az�d completely aIl of the infornnation required to be maintained
under 29 C�'R 5.5(a)(3)(i}, except tlzat full social security numbers and horx�e addresses
sha�l not be included on the weekly payrol�s. Instead the payrolis shall only need to
inciude an individually identifying rzumber for each eznplayee (e.g., ihe last faur digits of
the employee's social security number). The required weekly payroli informanon may be
submitted in any form deszred_ Optional Form W�-I347 is available %r this purpose from
the Wage and Hour Division �eb site at
l�ttp'I/www dot.gov/esa/whd/forms/wh34'7instr.htnn or its successor site. The prime
contractor is responsible for the submission af copies of payrolIs by ali subcontrac#ors.
Contraetors and subcontractors shall ��aintain the fu].l social seeurity number and current
address of each covered woz-ker, and shail pzavide them upon request to the sub-
recipient{s) far transmission to the State or EPA if requested by EPA, the State, the
contractor, or t11e Wage and Hour Divisian of the Departxnent af Labor for p�rposes of an
investigation or audit of coanpliance with prevailing wage requirements. It is not a
violation of tl�is section for a prime contractor to require a subcontractoz to provide
addresses and social security numbers to the prime contractor for its awn records, witho��t
weekly submission to the sub-recipien�(s}.
CWSRF Forms - TWDB-0'E 01 - 2128l2013 Page 144
(B} Each payz-oll submztted shall be accompanied by a"Statemeni of Coznpliance,"
signed by the contYactar or subcontractor or his or her agent who pays or
supervises the paymeni of the persons employed under th� contract and shall
certify the foilowing:
{1) That the payroll for .the payroli period contains the information required to be
provided under Sec. 5.5 (a}{3)(ii) of Regulations, 29 CFR part �, the
appropriate infozmation is being maintained under Sec. 5.5 {a)(3)(i} of
Regulations, 29 CFR part 5, and that such znformation is correct and complete;
(2) That each labarer or mechanic {including each helper, apprentice, and trainee}
employed an the contract during the payrolI period has heen paid the full
weekly wages earned, without rebate, either directly or indirect�y, and that no
deductions have been made either directly or indirectly fram the full wages
earned, other than permissible deductions as set forth zn Regulations, 29 CFR
part 3;
(3) That each labarer or mechanic has been paid not Iess t�.an the applicable wage
rates and fringe benef ts or cash equivalents for the classifica#ian of wark
performed, as speciiied in the applicable wage deiermination incorporated into
the contract.
(C) The weekly submission of a properly executed certifcation set farth on the reverse
side o;f Optional Fo�-rn WH-347 shall satisfy the requirement for s�zbn�ssion of t�e
"Statement of Compliance" requiretl by paragraph {a)(3)(ii)(B) of this sectian_
{D) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 a�d
section 23 I of title 31 of the United States Code.
(iii) The contractor or s�bcontractor shall make the records required under
paragraph{a)(3)(i) of this section avaitable for inspection, copying, or transcription
by autl�orized representatives of the State, EPA or the Department of L,abor, a�d
shali permit such representatives to intezview empIoyees during working hours on
the job. If the contractor or subcontractor faits to submit ihe required records or to
make them avaiiable, the Federal agency ar State nnay, after written notice to the
contractor, sponsor, applicant, ar ourner, take such aciion as may be necessary ta
cai�se the suspension of any further payment, advance, or guarantee of funds.
Purthermore, failure to submit the required recards upon request or to make such
records available may be grounds for debarment action pursuant to 29 CFR.5.12.
{4} Apprentices and trainees.
(i} Apprentices. Apprentices wili be permitted to worIc at tess than the gredetermined rate
for the work they performed when they are employled pursuant to and individuaily
registered in a bona fide apprenticeship program registered with the U.S. Departznent of
Labor, Errzployment and Training Administration, Qffice of Apprenticeship Training,
Ernployer and Labor Services, or witl� a State Apprenticeship Agency recagnized by the
Office, ar if a person is employed in hzs or her fixst 90 days of probationary employment
CWSRF Forms - TWDB-4401 - 2l28l2013 Paae 145
as an apprentice in such an apprenticeship pragram, who is z�ot individually registered in
the program, but who has been certified by the 4�ce of Apprenticeship Training,
Empioyer and Labor Services or a Sta.te Apprenticeship Agency (where appxopriate) to
be eligible for probationary empioyme�zt as an apprentice. The allowab�e ratia of
apprentices to joutneymen on ihe job site in any craft classification shall not be greater
than the ratio pertnitted to the contractor as to ti�e en�ire work f�rce under the regzstered
program. Any worker disted on a payroll at an apprentice wage rate, who is not registered
or otherwise employed as stated above, shali be paid not less than the applicable wage
rate on the wage cietermination for the ctassification of work actually performed. In
addition, any apprentice performing work on the job szte in excess of t�e ratio permitted
under tlae registered prograzn shail be paid not less than the applicable wage rate on the
_ wage determination for the work actuaily performed. 'V�7here a contractor is performing
const�-�zction on a projeci in a locality other than that in which its program is registered,
the ratios and wage rates {expressed in perce�ztages of the jo�.�rneyman's hourly rate)
specified in the cor�tractor's or subcorzt�ractor's registexed program shall be observed.
Every apprentice must be pai.d at not less than the rate specified in the registered program
fQr the apprentice`s Ievel of progress, expz-essed as a percentage of the joumeyz�.en l�ourly
rate specif ed in the applicable wage determination. Apprentices slaail be paid fringe
benefits in accordance with tlze provisions of the apprenticeship program. If the
apprenticeship pro�-azn does not specify fringe benefits, appren.tices must be paid the full
amoun# of fringe bene�ts listed on the wage determina�ion for the appiicable
classi�cation. If tbe Administrator deternaines that a different practice prevaiis for the
applicable apprentzce classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship Training, Employer arzd Labor
Services, or a State Apprenf�ceship Agency recognized by the 4ffice, withdraws apgroval
of an apprenticeship program, the contractor will no longer be permitted to utilize
apprentices at less than the applicab�e predetermined rate for the
work performed until an acceptable prob a� is approved.
(ii} Trainees. Except as provided in 29 CFR 5.16, ti-ainees wi11 not be permitted to wark
at Iess than the predeternnined rate for the work performed unless they are employed
pursuant to and individually regisiered in a program which has received pz�or approval,
evidenced by formal certifZcat=:on by the U.S. Deparhnent of Labor, Employment and
Training Administration. The ratio o�F trainees to journeymen on the job site shali no# be
greater than permitte� under the pian approved by the Employment and Trazning
Administration. Every trainee mtist be paid at not less than the rate specified in the
approved program for the trainee's level of progress, expressed as a percentage of the
journeyman hourly rate speciiied in ihe applicable wa;e determination. Trainees shall be
paid fri�,ge benefits rn accordance with ihe provisions of the trainee program. If the
trainee program does not mention fringe bene�ts, trainees shall be paid the full amount of
fringe benefits listed on tlae wage determination unless the Administrator of the Wage
and Hour Division d�te�-mines that there is an apprenticeship pzogram associated with the
cozrespondrng journeyman wage rate on the v✓age determination which provides for less
tha� fi211 fringe benefits for apprentices. Any er�aptoyee listed on the payroll at a trainee
rate who zs not registered and participating in a training plan approved by t�Ze
Employrnent and Training Administration shall be paid not Iess than the applicable wagc
CWSRF Forms - TWDB-Ot01 - 2/28/2013 Page 146
rate on the wage de�erminatron for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio pennitted
under the registered progzam shall be paid nat less than the applicable wa�e rate on the
wage determination for the work actuaily performed_ ][n the event the Employment and
Training Administration withclraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicahle predetermined rate for
ihe work performed until an accegtable program is approved.
(iii} Equal emgloyment oppartunity. The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with tI�e equal employznent opportunity
requirements of Executive Order 11246, as annended and 29 CFR part 30.
(5) Compliance with Capeland Act requirements_ T�e corztractor shall comply wit� the
requirements of 29 CFR part 3, which are incorporated by reference in this contract,
{6) Subcontracts. The cantractor or suhcontractor shali insert in any subcantracts the
clauses contained in 29 CFR 5.5(a}(1) through {IO) and such other clauses as the EPA
deter�nines may by appropriate, and also a clause requiring the subcontractors to include
these clauses in auy lower tier subcantracts. The prime contractor shall be responsible for
the compliance by any subcontractar or lower tier subcontractor with all the contract
clauses in 29 CFR 5.5_
{7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may
be grounds for ter�rzination of the eontract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
(8) Caxnpliance with Davis-Bacon and Related Act requirements. All rulings and
interpretations of the Davis-Bacon and Related Acts contained in 29 �FR parts I, 3, and
5 are nerein incorporated by reference in this contract_
(9) Disputes concemirzg .Iabor standards. Disputes arisi�g out of the labor standards
pravisions of this contract shall not be subject to the general disgutes clause of this
contract. Such disputes shall be resolved in accordance with the procedures of the
Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes wzthin the meaning
of this c�ause include disputes between the contractar (or any of its subcantractors) and
Sub-recipient(s}, State, EPA, the U.S. Department of Labar, or the employees ar their
representatives.
(10) Certification of eligibility.
{i) By entering into this contract, the contractor certi�es that neither it {nor he or she} nor
any person or firna who has an interest in the contractor's firm .is a person or finn
ineligibie to be awarded Government contracts by virtue of section 3(a) of the Davis-
Bacon Act or 29 CFR 5.12(a){1).
{ii)No part af this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of section 3(a} oi the Davis-Bacon Act ar 29
CWSRF Forms - TWDB-0161 - 2/28/2673 Pags '!47
CFR 5.12{a}(1)(izz). The pena�ty for ma1{ing false statements is prescribed in the U.S.
Criminal Code, 18U.S.C. 1002.
4. Contract Provision for Contracfs in Excess of $100,0U0
{a) Contract Work Hours and Safety Standards Aci. The sub-recipzent shall insert the
- following clauses set forth in paragraphs (a}{1}, (2), (3), and (4) of this section in full in
any contraci in an amount in excess of $100,400 and subject ta the overtime provisions of
the Contract Warlc Hours and Safety Standards Act. Tl�ese clauses shall be inserted in
addition to the clauses required by Itez�a 3, above or 29 C�'R 4.6. As used in this
paragrapi�, the tezms Iaborers and mechanics include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may requirc or involve the employment of laborers or n�echanics
shall require or pezxn.zt azry such labozer or mechanic in any workweek in which he or she
is err►ployed on sucla work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives campensation at a rate not �ess ihan one and one-half tinrzes
the basic rate of pay for ail hours worked in excess of forty hours in such worlcweek.
{2) Violation; liabilzty for unpaid wages, liquidated damages. In the event of any
violation of the clause set forth in paragraph {b)(1) of this section the contractor and any
subcantractor responsibie there�ore shall be liable for fhe unpaid wages. In addition, such
contractor and subcontractor shall be iiable to the United States (in the case of work done
under contrac� for the District af Columbia or a territory, to such District or ta such
territory), far liquidated damages_ Such iiquidated damages shall be computed with
respeci to each zndividual labarer or mechanic, including watchznen and guards,
employed in violation of the clause set forth in paragraph (b}(l) of this section, in the
sum of $10 for each calendar day on which snch individual was required or permitted io
work in excess of the standard workweek of forty hours wiihout payment of the avertime
wages required by the clause set forth in paragraph (b){1) af this sectian.
{3) Withhoiding for unpaid wages and liquidated da�nages. The sub-recipient, upan
written request of the EPA Award Officiai or an aathorized representative of the
Department of Labor, sha13 withhold or cause to be withheld, from any moneys �Sayable
on accourzt of work performed by the cont�-actor or subcontractor under any such contract
_ or any other Federal contract with the same prirne contractor, or any other federally
assisted contract subject to the Con�ract Work Houxs and Safety Standards Act, which is
held by the saz-ne prime contractor, such sums as may be determined to be necessary to
satisfy any Izabilities of such contractQr or subcontractor for unpaid wages and liquidated
darnages as provided in the clause set forth in paragraph (b){2} of this section_
(4} Subcantracts. The conh-actar or subcontractor shall insert in any subcantracts the
clauses set farth in paragraph (b)(1) tllrough {4) of this section and also a clause requiring
the subcontractars to include these clauses in any lower tier subcontracts. The prirne
cantractor shalt be responsible for cozxzpliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (b)(1) through (4) af this section.
(b} In addition to the clauses contained izz Item 3, above, in any contract subject only to
the Contraet Work Hours and Safety Standards Act and not to any of the other stanites
CWSR� Forrns-TWDB-01d1 -2128/2Q13 Page i48
cited in 29 CFR 5.1, the Sub-recipien� shall i�sert a clause requiring that the contz-actor
or subcontractor shall maintain payrolls aud basic payroll records during the course of the
work and shall preserve them for a period of three years from the completzan of tl�e
contract for all laborers and mechanics, inciuding guards and watc�unen, working on the
contract. Such records shall contain the name and address o� each such employee, social
security number, correct c�assifications, hourly ra#es of wages paid, daily atad weekly
number of hours worked, deduc�ions made, and actual wages paid. Further, the Sub-
recipient shall insert in any such contract a ciause praviding hat the records to be
maintained under this paragraph shall be made avaiiable by the contractor or
sZ�bcontractor for inspection, capying, or transcription by authorizec� represeniatives of
the (write the name of agency} and the Department of Labor, and the cantractor or
subcontractor wiIl perrnit such representatives to interview employees dnring working
hours on the job.
5. Compliance Verification.
(a) T�e sub-recipient shall periodicaily interview a sufficient n�zmber of eznplayees
entitled to Davis-Bacon prevailing wages (covered empIoyees) to verify that contractors
or subcontractors are paying the appropriate wage rates_ As provided in 29 CF`R 5.6{a}(3},
all intezviews must be conducted in conf dence. The sub-reeipient nnust use Standard
Form 1445 or equivalent documentation ta rnemorialize the interviews. Copies of the SF
1445 axe available from EPA an request.
(b} The sub-reeipient sha�l establzsb� and follow an interview scheciule based an its
assess�nent of the risks of noncompliance with Davis-Bacon posed by contractors or
subconiractors and the duration of �he contract or subcontract_ At a minimum, the sub-
recipient must conduct interviews with a representative group of covered employees
within two weeks of each contractor or subcontractor's submission of its initial weekiy
payroll data and two weeks prior to �he estimated compietion date for the contract or
subcontract. Sub-recipients must conduct more frequent interviews if the initial
interviews or other informaiion indicates that there is a risk that the contractor or
su�contractor is not complying with Davis Bacon. Sub-recipients shall immediately
conduct necessary in#erviews in response to an alieged violation of the prevailing wage
requirements. All interviews shall be conducted in confidence.
(c) The sub-recipient shall periodicaIly conduct spot c�Zecks of a repzesentative sample
of weekly payroll data to verify that contractors or subcon#ractors are paying the
appropriate wage rates_ The sub-reeipient shail establish and follow a spot checic
schedule based an its assessment af the risks of noncompliance wit1� Davis-Bacon posed
by contractors or subcontractors and �he duration of t?�e eontraet or subcontract. At a
rrzinimum, #he sub-recipient must spot ehecl< payrail data within two weeks af each
contractor or subcantractor's submission of its initiai payrolI data and two weeks prior to
the completion date the contract or subcontract. Sub-reeipients nrzust conduct more
frequent spat c�ecks if the initial spot check or other information indicates that there is a
risk that the contractor or subcontractor is not complyi��g with Davis-Bacon _ In addition,
during the examinations the sub-recipient sliall verify evid�nce of fr�nge benefit plans
CWSRF Forms - TWdB-010'I - 2/2812013 Page 149
and payments thereunder by contractars and subcontractQrs who claim credit for fringe
bene�t contributions.
{d} The su6-recipienf shall periodically review contractors and sub-contractors use of
apprentices and trai.nees to verify regisiration and certification wzth respect to
apprenticeship and trai�ing programs approved by either the U.S Departznent of .Labor or
a state, as appropriate, and #hat contractars and subcontractors are not using
disproportionate nurrzbers of, laborers, trainees and apprentices_ These reviews shall be
conduc#ed in accordance with the schedules for spot ehecks and intezviews deserihed in
Item 5(b) and (c) above.
(e} Sub-recipients mus# immediatety report potentiai violations of the Davis-Bacon
prevailing wage rec�uirements to the EPA Davis-Bacon contact listed above and to the
appropriate DOL Wage and Hour District O�ce listed at
http:/lwww.dol. �ov/esalcontacts/whdlamerica2.htm.
Ti�e foltowing form, Monthly Davis Bacon Act Ceriificate o� Compliance Sub�nittal by
Owner {Sub-Recipient} {DB-0154}, must be comgleted by the projec# owner/sub-recipient
and subnnitted with monthly with the vutiay. Informatio�z on ovtlay reporting rnay be
aecessed at: http:i/www.twdb.s#ate.tx.us/assistance/�nanciaUoutlav/
CWSRF Forms - TWDB-0101 - 2/2$/20'{3 Page 150
MONTHLY DAVIS BACON ACT CERYIFICATE of COMPLIANCE
Submittal by Recipient
TWDB Project No.
Loan/Grant No. _
This executed certificate must be submitted wi#h each Outlay report for labor inciuded
within construction contracts. This Certificate applies only far LOANS CLOSED AFTER
10/30/2009.
I,
of
(Name) (Title}
hereby ceriify that interviews, periodic reviews of a
(Name of entity)
representative saznpie of the weekly payroli data, and contractor weekly payroll
ceriificaiions such as OMB Na. 1215-0149, have been performed to ve�-ify that coniractors
and subcantractors are paying the apprapriate wabe rate for compliance with the DAVIS
BACON ACT, 40 U.S.C. §§3141 et seq. as amended and in conformance with the U.S.
Depar�ment of Labor regula�ions at 29 CFR Part 5, (Labor Stanc�ards Pravisions
Applicable to Contracts Covering Federaliy Financed and Assisted Construciion} and 29
CFR Pari 3(Contractors and Subcontractors on PubIic Work Financed in Whoie or in
Part by Loans or Grants from the United States).
I understand t�at a faise statement herein may subjec# me to genalhes under federal and
state laws relating to fling false statements and other relevant statutes.
Signature
Date
CWSRF Forms - TWDS-0101 - 2l28/2o13 Page 151
Addit�onai Forms for Davis-Bacon
The following forms are suggestions only and may be used as tools
which rr�ay aid in complying with the Davis Bacan requirements.
CWSRF Forms - TWDB-0101 - 212$/2013
Page 152
STATEMENT OF COMPLIANCE CERTIF'ICATION BY
CONTRACTOR FOR SRF
TWDB Davis-Bacon Reqnirements
in accordance wiili Ttto 24 CFR Part 5.5(a)(3)(ii), each weeMy payroit misst be aeeompanie3 by a Siatement of
Comptiance Certifieation execuYed hy eacb contractor/wbcoairaetrn employing meshnnics and iaborers at t6e ivock
site in w6ich Ihc icdernF govemment is ta participate. Con[ractors may choosc io use Ihe DOL Form t�'fI-347
payroti with rhe accompxnying statemrnt of compEiance 3oeated on the back of FoRn WFI-34i OR �{OViCFC
mntractor's own aaxoll foim usine tliis TWDB Staiemcat af Comotiancc CcAification. D&41�5.
Date:
Estimate Number: for the payroll period to
Name of Projeci: Location:
Contract Number: TWDB SRF Project #:
Date Contract Awarded.
I_ (Name and Tiste of Signatory Patty)
do hcrcby statc;
{}} 7hat E pay or supervise the payasent, durag t6e above payroit period, of tLe persons employed by
(Contractor or SubwFuractor);
tha[ afl parsons cmpioyed on said proiect have been paid the fvtl weekly wages eamed;
ihac no rcbaees have beca or will be madc either direcdy or indirxcfy co or op behalf aFsaid
❑ in addition co the basic hourly wage rates gaid to eacl� laborer or
u-�echanic listed in the above refere�ced payroL, payments of fringe
benefits as listed zn the contract have been or wil? be made to approgriate
programs for the benefit of such employees, except as noted in section 4{c}
EXCEPTIONS beiow.
{b} Vs�HEi2E FRTNGE BFNEFITS AI2E PAIA IN CASH
❑ Each laborer or mechanic listed in the attached payroil has been paid, as
indicatad on the payroli, an amaunt not less than the sum of the appiicabie
basic hourly wage rate plus the amo�t of zhe requii�ed frinae benefits as
listed in the contract, except as noted zn section 4(c} below.
�xc�r�rlo�vs
EJCCEP7)ON
(Contracta or Subcontrnctor) (
from i6e full wecfcly wages eamed by any person and tl:xt no deductions have becn made either direcdy or indirecity �---
frum chc fv}i wages eamed hy miy persvn, other d+an persnissble deductions as definul in Regularim�s Parc 3{29
C.l�.R. Svbtitle A), issned by ti;e SecrM3ry of'Labor under the Copetand Acy as amended (48 Stat 948, 63 Stan. RfMARKS
10$, 72 Stat. 967; 7b Srak 357; 40 US.C. § 3145) as described below:
{2) That any payrol(s otLawisc uader this contract requifed m be submiaed !or ihe abovc geriod are con�ect and
compiere; that ehe wage rates for laborers or mecl�an�cs coRtained cherem are not less than cbe applicable wage rates
contained i¢ any wage deiermination incorpo2ted into t4e contrac� that the classi5cation5 set forth thaein !or cach
iahorcr ar mcchaiuc coaform with tht wark he perfotmed.
(3) That any �pprentica empioyed in the above period aze duly rcgistered in a bona fide apprenticahip p`vg am
re¢is[ereJ with a State apprarticeship agency recognized by the $weau of Apprenticeship and Tcaining, UniTed
Snta Departmen[ oF Lubor, or if no such recogniud agenry axists in a Sratc, are cegistered with the Bm�cau oF NAME AN6TtAE
Appreneiceship and?raining, Ltnited Staces I?eperimrni of Labor.
(4) T�1AT:
(a) WHERE FRiNGE BENEFITS ARE PAID TO AFPROVED PLANS, rUNDS, OR
PROGStAMS
53GNATURE
FJ(PLANATION
THE W ItLFUI FAtSiFiCATtON OF ANY QP THE ABOVE SFATEMEMS NWY SUBJECE TFiE CONTRACfOR
OR SUBCONTRACfOR TO CIVI! QR CRIMlNAL PRQSEGUTfON. SEE SERION 1Q01 OF TITCE k8 AND
SECTI6N 232 OF 7tTLE 316F THE UNITED STATES CODE.
CWSRF Forms-TWDB-4101 -?J28(20'E3 Page'153
D��. P�yl"Oli fOPIII W�-34% http://webapps.dal.2ov/Iibrarvforms/�o-us-dol-forru.as,p'_'ForrnNumber=38
;�
��
�a
�
�
�
a
�
R
O
C �
��3
R O
�. _
d 9C
Q 0R
� R
� y
n
�
�
�
�
��
s=
so
��
��
€�
ss
�&
�8
gs
v �
& g
.`e o
aN
��
F
� �L
Aa
�z
£g
�8.
s�
Ro
��
v 4
�
�'&
� �
� �
$ C
� b
�
�
�_<
m�
��
�`.
� e
� �
��
e�
�s
d 9
$ �
��
� �g+
e q
�' `
��
EE
s'�
x�
� C o
� � .Fi
� EU
�� C
. � t
i `S 2
CWSRF Forms - TWDS-0101 - 2128l2013 Page 1 S5
� d�
4 � m
'�=ro
u a v�
m --
s = �
a oa
� � rn
� � d
� �y j O
L � a
;� c�.4
S = � °�'
[n c ��C
� ��dd
z _ = �
L3 V o 3 �n
Q E � � ia
�' $ n m �'
W �
Q £�CmN
N g O � IS
h
�- y w .c m
W�
W m Y c �
� �5�5
C7 lll m a � N
Z Z
k � O
� ❑ a
z �
� �
,_ �
i=
� I
0
�
R
Z y
� L
Q � O�
o�
�a
�M
��
V�
Z S'�
`a�� uz
X ��
W �D
Ng -
� ��
s y�
" ��
� `�-
��
O
G�
� 2�
4 ��
v �u
O �g�
N
2 �+'UQ
�c�.5� ,�i o i"ir
"' u� �o�i
c �r
LL �
o ��
� � >3�
- � ��o
: � � � � ��W
� C � � �a @
o �o �
N
O G � t0
�� `o .�"
`g � aC'c
u � 6= F
a = m��
�,,�-_ m
w 9 y d ,
o � d ma$
a v cmc
a � �ao�
'� 5 y ..� � m r 9
� L� �
^� O _ �
� .s.�. = � t m � '�" 9 '
rn n� y � E � �ti
c o �mae
C '� 9 CO 'D p M
�
a " ab Q 9���'
p� o � c��,�
`o a- � y�
`o =Lm�
o � °' ' o iS �
_L° r5 R t6u�iN�
U�� � �n$a
g 4 y 2 q a N
5 �
� � ����
� O t � S.�:N
� 'fl °� q�^'4 ^.
� '�a t.n��
a
a aE w"�i.
aEi°� a�N�
8 U,'� rn�zo
� ma ��LL
�� _s��
��Mb
� 0 N C =
��p � � � ��Q � N 9 c�
O t� � `Fi � Q� � U�
a m d V 0.�
nN p'D m L'��S � ��',
'o�.� �� 5 d n. � c�
�C p � � K 'A
°��t "�Aat � �yy
� O _ t
a��'L"t �T�i N�a Z N N�
�x �; g�° ��
�9a3 �g�� y z��
�=.""a� "`md � yarn
Rp� L 9 C O- F O�� y
.�II U � � �18 � � = W C � _
�n•��ac� �rysoc o nog,o
`� fr V 6� � 1�°^ a �p N� Q
mE� a'c� � m E`�o
E� 'oE'o� O y3 no,a,
"akra '���� p
0$9 E u �� ¢ r'avc
a $
m��g L�a�i � onEc°
cS5 ���
a> m �� 'a$ �¢ F � � m
o �
a��.ti c��� w � �
N d' � � a Z o d� v
a�` `o d"d m m `�"
C � a O
,�' .dc '° _a�i �' � _ � iw7 b n°
�_Ua '--��d�+; z ��-
o�y ��� u�. 55ca�i
n W � O � e� a R' I
m � � � W �
� E o''^ '� o. n._ S
t�a'� o = v� ` �°
r ro � ` ~ � � � �
yiiy �a�m ,.
vs�o vb«
CWSRF Farms - TWDB-01Q1 - 2t28/2013
Page 756
DQL Labor Standards Interview SF-144S
�8�3Fi �3'�l�}��4€tC�S +�[+1'�"ER'��+N
' �� z-raa``r tJ�rae� *-n:x�'_e. �rtF::;�.ta-tur�
'. r��r,t� t�r �r �.��3���
�1P�3;S0?7'S t�h�E
` L4.ST 19kE;,6 F?RSi' P�At�#'e
Lcr }�c�a u.a:k cv�r 3 hu�r� pec ds��
,4GTK��`i
' Go yo�a 1�. �rk c�; �r � ho�rs �Rr �.vaek?
+ �ce ;r�a� ga:d at leasf tsrr,P ���' a i�a1t ; a� oe�srt;m*� ir��Jrs?
i�se yav rc3i�ir�� an# �ash pa�r€s�n2s �or fri:��� ��r.�fizs rA�u'srad hy �h� post�� xa�F �e�smi�natFen ae :i:ior.7
'::'.�3'a � vrC>1;�7,5'1."L`G dtFiF� TdiAnl TA}t:eu.(st"'�3 :�4::fAL �EC"�tr^i-, l'�' ,*.iiE t�� -'Rli� 1`C+I�R �t,` Y?
�H���. 8��.�V:
's � ;�[Ct
i:n'E i:`4G_� Rd �E� ...";�� ����1'En� ��FLA!'e£�i
F�R 11SE 8Y Pl�YR£1LL �HECKER
I��ts?c^.'vEt.�d=C#itdAi�is1 tidiL.a:i=�L=d943'1-F;F.�:.:`RDLE�A?,t,•
�j•_ ��n
S CL :Sk'eFdiS
CHE Cr: E_.
; Lt�T i�JA�di t!R�_T t`I:.cil= ��l JE�a �ITL_
^_fi`dr:TilP� L�.iT� �fi',1�'L+.+.�,�1
' AL"i F:Gi�i�EC F�Ri:FCu='r,Es�A^.�iL•'CT�1s
� �fw.�-:.�L:: G�i:lsn li�: G��414
$TAhii€},R+RE3 F�3�ttdk t�F4� �=�V_ 7? 86;
P�::cri'�4� �: cS�. FA5 t36 z'=Ri o3.2?_r�s
CWSRF Forms - TWDB-0101 - 2128/2613 Page 157
Et3t�E�,��IE�.�"ER'S CL'P�kREiiITS
.,,,=t: cR1PLC'Y'Ec 4'd,AS ..��.^.:f.'i.. YdF'.E`: 3A'T�=iS''tE:+le6 �sn�� sn's sc=,iaaJ i E� ,^7f1
� i`"i�': (Jf vxr� cr .! :�c�rJaa, osc cornn
:F 3�.^. �'E= PR� PE� _�' L tA��:FI'cL� a',slu P',+.57':
Davis Bacon Poster, WH-1321 httg•//vwvw doi.�ov/whd/re�slcompliance/posters/davis.htm
� - �� � � --� � '�1
2 j � �� j
� f4 µ ���� r�.�R � f �1� t r d � �1 p.`
f3 Y �t Y � i;
- {"ry Y' 4 - _ _ lY. r is.''.
! * y�M� �� . � ` � �' � :�' �-
� � •;, � _ �':
� r �'s.t"f� :�,. �.' ,; 1
. � `! � . " -� .�` ; - ' `-,
; � :. � : ��. ��
: �` ,� � r � =e�` �
=� ," : �` � , � ' . . � � � '' _ �. -� � : �
� � � -•- • •:�• . . r • - i •
�'R�VA9I..I�1G
W�GES
t31/�FtTtili�E
EE�9FQ�CE3�IENT
AP€>REAfTICES
Pi?OPE�4 PEiY
You must be paid not less than the wage rate listed in the l�avis-8acan
Wage Decision posted with this Notice %r the work you perfarm.
You must be paid not less tharc one and one-halfi times your basic
rate of pay for ati haurs woriced over 40 in a work week. There are iew
exceptions.
Contracf payments can be wifhheld to ensure warkers receive wages
ar�d ovsrtime pay due, and i(quidated damages may apply if overtime
pay requirements ara not met. Davis-8acon coniraci c3auses aiiow
contract termination and debarment of contractors fram fuYure federaS
contracts for up to ihree years. A contractor who fais"rfies certi#ied
payrotl records or induces wage kickbacks may bs subject ta civil ar
crimina! prasecution, fines and/or imprisonment.
Apprentice rates appiy only to apprentices property registered �nder
approved Federat or 5tate apprenticeship programs.
if you do rcot receive proper �2y, or requir2 fisrtfier inforrnation on the
apelicable wages, cantact the ConiracFing Offic2r 3isted below:
_ _
or contact fhe U.S. �epartrr�ent of Laba�'s Wage and Nour divfsion.
,ro><>e �ar ac4cfit�onai in#ormation:
�, ..
� A �� � �
T.iS.bi jSP.RaI'Jp�RfliYtfS0t1
��.,,r�,�,r ° (1-86E=487-9243) TT`( :1-�77-889-6627
_ , _
�, � �..
US. Departm�nt of labc+r � CnlptoymenS StandardsAdtninistration � lNage ancF N�ar Divis?on
W H t;fJt �)iovrtay A: nl Jnll9:
CWSR� Farms - TWD$-01 d1 - 2/2812013 Page 15$
12. EQUAL EMPLOI'MENi �PPORTUNITY AND AFFIRMATIVE ACTION
This provision only applies ±o Clean Water State Revolving Fund Frogram projects and Drinlcing
V�ater Financial Assistance Pragram pzojects which receive funds rnade directiy avai�able by
Federal funding and the coxztract agreement is for more than $14,004.
During the perfarmance of this contract, the Contractor agrees as follows:
(a) The Contraciflr wiii not discriminate against any employee or applicant far employment
because of race, coior, religion, sex, age, handicap, or national origin. The Contractor
will take affirmative action to ensure that applicants are employed, and that employees
are treated duri.ng employment without regard to their race, color, religion, sex, age,
handicap, ar na�.ona1 origin. Such action shalI znclude, but not be liznited to the
following: Eznployment, upgrading, demotzon, or transfer; recruitmen# or recnzitment
advertising; IayofF or tezmination; rates of pay flr other forms of compensation; and
selectiora for traiz�ing, including apprenticeship. The Contractor agrees to post in
conspzcuous places, available to emplQyees and appiicants for employment, notices to
be pravided setting forth the grovisions of this nondiscrimiz�ation cIause_
{b) The Contractar will, in aIl solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that aI� qualz�ed applicants will receive conszderations faz
empioyment without regard to race, color, religion, sex, age, handicap, or national
origin.
(c} The Contractor will send ta each iabor union ar representative of workers with which he
has a coilective bargaining ab eement or other contraci or understanding, a notice ta be
provided advising the said labox union or workers' representatives of the Contrac#or's
commitments under this section, and shal} post copies of the notice in conspicuous
places availatile to emplayees and agpiicants for employment.
(d) T'he Contractor will compiy with all provisiozzs of Executive Order 1124b of Septexnber
24, 1965, the Age Dzscrimination in Employ,nent Act of 1967,29 U.S.C.A. 621 (1985},
Executive Order 12250 of November 2, 1980, the Rehabilitation Act of 1973, 29
U.S.C.A. 701 et seq_ (1985), and of the rf,iles, regulations, and relevant orders of the
Secretary of Labor.
(e) The Contrac�or wiil fumish all information and reports required by Exec�.rtive Order
I 1246 of September 24, 1965, and by rules, reguiations, al�d orders of the Secretary of
Labor, or pursuant thereto, azld wi�l permit access to his books, records, and accounts by
ihe administering agency and the Secretary• of Labor far purposes af ii�vestigation to
ascertain compliance wiih such rules, regulations, and orders_
(� In the eve�zt of the Contraetor's nonco�npliance with tl�e nondiscrimination cIauses of
this contract or with any of the said rules, regulations, or orders, this contracc may be
canceied, tern�inated, ar suspended zn whoie or in part and the Contractor may be
declared ineligible for further Government contracts or federally assisted constnzction
contracts in accordance «ith procedures authorized in Executive Order 11246 of
September 24, 1g65, anc� such other sanctions may be imposed and remedies invoked as
CWSRF Forms - TWDB-0101 - 2/28/2013 Page i59
provided in Executive Order 11246 of September 24, 19b5, or by rsie, reguiation, or
order of the Secretary of Labor, or as otherwise provided by law_
{g) The Contractor will include the portion of the sentence imznediately preceding
paragraph (a) and the provisions of paragraphs {a) t�arough (g} in every subcontract or
purchase order nnless exempted by rules, xegulations, or ozders of the Secretary of
Labor issued pursuant to section 244 of Executive Order 11246 of September 24, 1965,
so that such provisions wiil be binding upon each subcontractor or vendor. The
Contractor will take such action with respe�t to any subcontract or purchase order as the
adrninistering agency may direct as a means of enforcing such provisions, inch�ding
sanctions far noncampliance_ PROVIDED, HOWEVER, That in the event a Contractor
becornes involved in, or is threatened with, Iitigation with a subcontractor or vendor as a
result of such direetion by the administering agency the Contracior n�ay request #he
United States to enier inta such Iitigation to protect the interest of the United States.
(h} The Contractor will comply with Executive Order 11246 based on its iznplexnentatzon of
the Eqti�al Opportuniiy Clause, specifc affirmative actian obligatio�zs required by the
Standard �'ederai Equai EmpIoyment Opportunity Construc�ion Contract Specifications,
as set forth in 41 CFR Part 60-4 and its efforts to meet the goals established for the
geogz-aphical area where the Contract is to be performed. The hours of minority and
female empIoyment and training must be substantially uniform thraughout the Iength af
t�e Contract, and in each trade, and the Contractor shall make a good faith effort to
employ minorities and women evenly an each of its projects. The transfer of minority or
feznale exnployees or traixzees from Contractor to Contractor or from project to pro�ect
for the sote purpose of ineeting the Contractor's goals shali be a violatiosz of the
Contract, the Executive Order, and the re�zlatzons in 4i CFR Part 60-4. Tl�e goais are
expressed as percentages af the total hours oi employment and training af minority and
female utilization the Contractor should reasonably be able to acYZzeve in eacb
constructian trade in whzch it l�as employees in the covered area. Goals are published
periodically in the Pederai Register in notice forzn, and such notices m�y be obtained
from any off ce of t'ederal contract campliance programs office ar from federal
procurement contracting officers (5l2) 229-5835. The Contractor is expected ia make
substantzaliy uniform progress toward its goai in each craft during the period specified.
Whenever the Contractor, or any subcontractor at any tier, subcontracts a portian of the work
invalving any construction trade, ii shall physically inc�ude in eac� subcontract in excess of
$10,00fl the provisions of these specifications and the notice which contains the applicable goals set
for nninority aiad female participation and �rhich is set fo.rth in the saficztations fram which this
contract resulted_
12. DEBA.RNiENT AND SUSPENSION
This provisian applies oniy to Clean Water State Revalving Fu�id Prob am projects and Drinking
Water Financiai Assistance Prograrrz projects which receive funds made directly available by
�ederal fiil�dzng_ This contract is si�bject to the Tiite 40 Code of Federal Regulations Part 32
concerning Debarment and S�.tspension. The co�tractor wil] com.ply with the assuran.ces provided
with the bid that led to this contract.
CWSRF Forms - TWDB-0101 - 2/28l2013 Page 360
13. ARC�IEOLOGICAL DISCOVERIES AND CULTURAL .RESOtIRCES
No activity which znay affect properties listed or properties eligib�e for listing in the National Register of
Histaric Places, or eligibie for designation as a State Archeologicai Landmark is authorized untal the Owner
has complied with the provisions of the Natioaal Historic Preservation Act and the Antiquities Code of
Texas_ The Owner has previously coordinated with the appropriate agencies and impacts to krzown culiural
or azcheological deposits have been avoided or mitigated_ Hov✓ever, the Contractor may encounter
unanticipa#ed culturai or archeologicaI deposits during construction.
If archeolob cal srtes or historic structures which may qualify for designation as a State Archeological
Landmark accordirzg to the criteria in 13 TAC 41.6 - 41.10, or t�.at may be eligible for Iisting on #he Natianal
Regisfer af Historic Places in accordance with 3b CFR Part 800, are discovered after construction operations
are begun, the Contractor shall immediateIy cease operations in that particular area and natify the Owner,
tYce T�VDB, and the Texas Antiquitics Commii�ee, P.O. Box 12276, Capitol Statian, Austin, Texas 78711-
2�76. The Contractor shall take zeasonable steps to protect and preserve the dzscoveries until they have been
inspected by the 4wner's representative and t,he TWDB. The Owner will promptly coordinate wzth the State
Historic Preservation Officer and any other appropriate agencies to obtain any necessary approvais or
perrnits to enable the work to continue. The Contractor shail not resume work in the area of the dzscovery
until autI�ozzzed to do so by the Owner_
14. ENDANGERED SPECIES
No activity is authorized that is likely to jeopardize the continued existence of a threatened or endangered
species as listed or proposed for Iisting under the Federal Endangered Species Act (ESA), andlor the State of
Texas Pazks and WiIdIife Code on Endangered Species, or to destroy or adversely modify the habitat of such
species.
If a t%reatened ar endangered species is encountered during construction, the Contra.ctor shall immediately
cease work in the area af the encounter and nafiify the Owner, who wi11 immediately implement actions in
accordance with the ESA and applicabfe State statutes. These actions shat] include reporting the encounter
to the TWDB, the U. S. Fish and Wildlife Service, and the Texas Parlcs and Wildlife Department, obtaining
any necessary approvals or pernzits ta enable the work to continue, or implement other mitigation actions.
The Contractor shail not resume construction in the area of the encounter unti] authoiized to do so by the
Owner.
15. HAZARDOUS MATERIALS
Materials utilized in #he pro}ect shali be free of any hazardous materials, except as may he specifically
pravided for in the specifications.
If the Contractar encoiu�ters existing materiat on sites owned or controlted by the Owner or in material
sources that are suspecied by vist�al observation or smell to corttain hazardous materiais, the Contractor shall
irrimediately notify the Ena neer and the Owner. The Owner witl be responsible for 2he testing far and
removat or disposition of hazardous materials on sites owned or controlIed by the Owner. The Qwner may
s�ispend the woric, wholly or in part during the testing, remaval or disposition of hazardous materieis on sites
owned or controlled by the Qwner.
16. PROJECT SIGN
A project IDENTIFiCATION SIGN will be provided to the contractor. The contractor shaii erect the sib in
a prominent Iocation at the constnlction project sate or along a inajor thoroughfare within �he cflmmunity as
directed by the Ov+mez.
CWSRF Forms - TWDS-01 Q1 - 2/28/2093 Page 161
17. OPERATION AND 1V�AINTENANCE MANUALS AND TRAiI�iJ[NG
(a) The Contractor shall obtain installation, operation, and maintenance nnanuals from manufacturers and
suppliers for equipment furnished under the contract. The Cantzactor shall szibmzt three cogies of
each coznplete manual to the Engineer within 90 days after approval of shop drawings, product data,
and samples, and not later than the date of shipment of each item of equipment to the project site or
starage location_
{b) The Owner shall require the Engineer to promptly review each man�al submitted, i�oting necessary
co�-�-ections and revisions. If the Engineer rejects the manual, the Contractor shail correct and
resubmit the manua] until it is acceptable to Engineer as being in conformance with design concept
of project and for compliance with inforrzaation given tn the Contract Documents. Owner may
assess Contracior a charge for reviews of same ite�ns in excess of three (3} tirnes. Such procedure
shall not be considered cause for delay. Acceptance of manuals by Enb neer does not relieve
Contractflr of any requirements of terzns of Contract.
- (c} The Contrac#or shall provide the services of trained, quaiified technicians to check ftnal equipment
instaliation, to assist as required in placing same in operation, and to instruct operating personnel in
fhe proper manner of perforcning rautine operatian and znaintenance of the equipment.
(d) Operations and maintenance inanuals specified hereinafter are in addirion to any operation,
maintenance, or installation instructions required by the Contractor to install, test, and start-up the
equipment_
{e) Each manuaI to be bound in a folder and labeled to zdentify the contents and project to which it
appiies. The manuai shall contain the following applicable items:
(i ) A listing of the manufacturer's identificaiion, including oxder number, modei, serial number, and
location af parts and service centers.
{2) A list of recommended stock of parts, rncluding part number and quantity.
(3) Complete replacement parts list.
{4) Performance data and rating tabies.
(5) Specific iz�structions for instaItation, operation, adjustment, and maintenance.
(6} Exploded view drawzngs for major equipment items.
{7) Li�brication requirements.
(8j Complete equipment wiring diag��anns and control schematics with terminal identification.
18. AS-BUZLT DIMENSIONS AND i?RAWINGS
(a) Contractor shall matce appropriate daily measurezn.ents of facilzties constructed and keep accurate
recards of tocation {horizontal and verticaI) ot all facilities.
CWSRF Forms - NVDB-010'i - 2/28/2613 Page 162
(b) Upon completion of each facility, the Contractar shall filmish Owner with one set of direct prints,
marked with red pencil, to show as-built dimensions and lacations of all work constructed. As a
minzmum, the finai drawings shall include the following:
(1) Horizontal and vertical lacations of work.
{2) Changes in equipment and dimensions dae to substitutions.
(3) "Nameplate" data on aIl instatled equipment.
(4) Deletions, additions, and changes to scope of work.
{5} Any other changes made.
Forms to be submitted with executed contracts
1. Contractor's act of Assurance (ED-143)
2, Coniractor's Resolution on Authorized Representative (ED-104)
3. Bidder's Certification (VTRD-255)
4. Vendar Campliance with Reciprocity on Nan-Resident Bidders (TVVDB-fl459)
These fonns are available an the 'ITWDB website, http://www.twdb.state.tx.uslfu�ancial/instnxctionsl
CWSRF Forms - TV1lD8-�101 - 2/2&f24� 3 Page 4S3
,,, �
�
BIDDJE�'S CERTI�`ICATI(�I�TTS
Froject Name: cSQni t�r �S'��✓�•- �rjia 6•'/• f !ia» �o��i.c � �o /�.f /
Project N�.imbex: � / `�9 �
Contract For: � T ,� for� �%��Jj —
The following certi�cations must be coreipleted by the bidder for each contract.
A. EQUAL EMPLOYMENT OPPOR7CUNITY:
(,�-1 have developed and have on file at my each estabiishinent af�rmative act�on programs
pl�rsuant to 41 C�R Part b0-2.
(v� I ltave participated in previous contraci(s) oz subeon#ract(s} subject to the equaI
opportunity clause under Executive Orders 11246 and 11375. I have filed a11 reports due
under the rec�uizements contained in 41 CPR 60-1.7.
(} I have not participated iu prevzous cpntractsts) subject to the equal opportunity clause
under Execative Orders 11246 and 11375.
( v}'Cwill obtain a similar certification from any proposed subcontractor(s), when appropriate.
B. NONSEGREGATED �'ACILIT�ES
,-,�
�J
i
�'
{�I certify that I do not and will noi maintain ariy facititzes provided for nny em.ployees in a
segregated manner, or pernazt n�y employees to perfarm their services at any location under
nay contral whcre segxegated facil�tie� are maintained; and that.I wili obtain a similar
certification prior to the award of any federaily assisted subcontzact exceeding $ I O;OOO�wliich
is nat exet-npt from the equal opport-�tnity clause as required by 4I CFR 60-1.8.
I un�ierstand that a faise statement on this certification may be gxounds for rejectiori of this bid ,
proposai or termination of the contract award.
�t.sa ��'/��//N !%t /'i�,si'c/� �
Type� & Title of Bidder's Autborzzed Representative
/ a �s',.I'
Signature of Bidder's thorized RepresentativeDate
�O. �ox /0328 .
�or�l,��.fi�,, %�.Y %G�� U
Name & Address of Bidder
Paae15A
CWSRF Farms - TWDB-0901 - 21'Z81zU�s
VE1�1D�]E� COM[PLIANCE Wi7CH RECIPR4Ci'�'Y ON NON-
. - . �.. • . : RESIDENT BIDDERS . . , . .
Gavernment Code 2252.042 pravides that, in order to be awarded a co�.tract as law bidder, a non-
xeside.nt bidder xnust bid projects for construction, improvements, suppIies or services in Texas at
an amount lower than the Io�vest 'Texas resident bidder by the samE a�mount that a Texas resident
bidder would be requirec� io underbid a no.�-zesident bidder in order to obtain a comparable contract
in the state in which the nou-resident's principal place of bitsiness is Iocated_ A non-resident bidder
is a contractar whase corporate o�ces or principal place of buszness zs outszde of the state of
Texas. This requzrement tloes not apply ta a contract invotving Fedezal funds. The apprapriate
bianks in Section A must be filled aut by aII out-of-state or non-resic�ent bidders in arder for your
bid to meet speczfications. The failure of ol�t-of-state or non-resident contractors to do so wi11
automaticaily disqualify t}�at bidder. Resident bidders must check the blank in Section B_
A. Non-reszdent vendoz-s in (gi.ve state), our pzzzzcipal place of
business, are required to be percent lower than resident bidders by state �aw.
A copy of the statuie is attached.
Non-reszdent vendors in (give state}, our principal place of
busuzess, are not required to undezbzd resident bidders.
B. Our prizzci� ptace of business ar cocporate o�ces are in tiie State of
Texas:
BiDDER
�Ji�,a,� r�s��u i�t .z-.��. �/�a C,��� � c ro�.��rk�.;o.�
co��any
/-o, f CJo,�� ��x�s 7�rya
Ciiy Sta�e Zip
� /�i�.sa _f �S�.r//y �
$Y_ (please pr� t} . , . . , . .
/� � �ss��
aiure
liits �liSr c/an f • �. .
Title_ {ptease priilt}
THiS FORM MUST SE RETURNED WITH THE BiD
CWSRF Forms - 7WD6-0101 - 2128/2013 Page 165
�
:.�
. , � ` ;, � , , ` • ..
STATE OF TEXAS
COUNTY O� %arro�f
1,��/cfe�d
SEF4RE ME> /�f ��./. t , a Notary Public ditly comn�issioned a�d quali�ed
in and far the County of ��,-�,zf in the State of Texas came and appeared
frrsa ,f.l'/r.//�. --� as represented by %.rof��:►.�sG.�ArP : . � .the . .. . . . . , . .
corporations _,(/.« ��,c1 �/•�,t ,.who declares he/she is authQrized to
�%'//'i�s, T�.f'��N/�s1n�. t�'64� . ..
represent ��%'`�� C lon.r%'a� �:o� pursuant to provisions of a resolution
adopted by saad corpozation on the, 2D �._-- day of ,S'�_, 20%' �
(a duly certified copy of such resolution is atiached to and is hereby made a part of this
document).
!s/.//i �n .�'S'eii../fr� r, ..�.L
ri�.ra ,f.�G�.//y , as the representative of �:�ls C�o.�tf�� �fs.e�
declares that assures ihe Texas Water Development
�'4,�ii�o�y.Ii�✓i.� 17i�s1./i�'ohen
Board that it will constructL'Anfio��fdQf��f/ project at /-or� ��L� ,"I�'exas,
in accordance with saund construclion practice, all laws of t�e State of Tex.as, and the rules
of the Texas Water Dev�lopment Board.
,
GTV�N UNDIER MY HAN� and seai of office this Z� r� day of �_,
20L A.D. (��c.h�.c.GJ (�2ni�Ut�._
Signature
-- m���n�� s.c�K�,-d
�y�jC `�I,E $. LA��� Printed Name
``�PRY,�Pue('/ NO�' �b11C
,a -' �;
°' 'y= sTaT�OF�E�'Sois M Comn3ission ex zres �� ���!�
��°r'4rF oF t�`4P` iNY CAmm. Exp. OctobeT 7. - }� �
�
CWSRF Forms - TWDB-0301 - 2/28/2013
rage rnn
���TT�ZA.C'�"�Y�'S h�.ESOLU7iI�N OieT .t�UTHO�ZEI)
' �P�Z..ESEI�TA.TIVE
_ ,,,. .�
/Cr�S��.,� cS/��/+1,�„ _� ..,.�,.�..._
Name orNames
I hereby certify ihat it was RESOLVED by a quorum of the directors of the
`✓./l am �%Sc�� /�r � c a�6a Cir � /t G Go�s�•�• c�o�meeting . . . , -.
Name of Corporation
an the day of .S' z a, 20 I..�', t�at i rf os o S.S/�//u . .<' ,_�.... '
, and � , �be, and he��by i:s,
authorizedtaactanbelialfof �'//�'oA��"�S�•�N/fr�.,L"ri�c n�6a C•i�/rl�r�s��asis�n.
Name of Corporarion
representatzve, in aII busincss transactions conducied in ihe State of Texas, and;
That alI aba�e.resolu�:on was un�ni�nously ratified by the Board oFDirectazs,at said. :� ,.
meeting and that the resolution has not been� resezn�ed .o� .a�ended a�nd -is ;r�ow in fuii forces
and effect; and;
In authentication of the adoption of this resolution, I subscribe my name and
affix the seal of the corporation this 2o t� day of ��, 20 �3
(`�1�c�..n��,�
Secretary
(sea�)
�_�_ ,�-,
CWSRF Forms - TWDB-0101 - 2/28l2013
. ..�., ._
�
GR-Ol 60 40 Product Requirements
CITYOF FORT WORT}i SAN17ARYSEWER REHqBiUTATION CONTRACT80 PART1
STANDARD CONSTRUCTtON S�ECIFICAT(ON DOCUMEN'1'S City Project No. U1499
Revised July I, 2011