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HomeMy WebLinkAboutContract 43128crr� s�c�r� � "� � z � co�r�►c�r �o. 1N3W12Jdd341N311� J�dO� S,N011�f12J1SN0� FQR� �(�RTH •p� JNIQN09 S.2JO1�d271Nd=> PROJECT MANUAL 311� '3'O'4 FOR TI3E CONSTRUCTION OF J�21`d13�I�3S l.11� � Village Creek Water Reclamation Facility Seconclary Clarifiers 1-9 Weir Replacement City Project No. 01839 Betsy Price Mayor Tom Higgins Interim City Manager S. Frank Crumb, P.E. Director, Water Department Prepared for The City of F'ort Worth Water Departar�ent ���'� %� � av ovon �.�<«i � Q �� � Ode� m%�,�;o� ,�°aoea �-q aa m `�° � � �'� aQo o�a �� o o :*� m o ...so...oso.. �aoosoos000eaoao.ve A o 6�fViY oR oROBINSOtd .. 4'� :, J0271 o e�c�,�� �s� <���o�� ` m Deceaa�ber 2011 � 0 � ,.I � I Z_� � , 777 Taylor Street, Suite 1050 Fort Worth, Texas 76102 TBPE Firm No. 3043 Q��ICIA�. R����Y �1"�"1C S�bC� �r ���i�e `�� , ,� �� 0+-�13-12 P".; � i 00 00 00 - i TABLE OF CONTENTS Pagc 1 of 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions 00 OS 10 Mayor and Council Communication 00 OS 15 Addenda 00 11 13 Invitation to Bidders 00 21 13 Instructions to Bidders 00 35 13 Conflict of Interest Affidavit 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 00 43 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 00 45 11 Bidders Prequalifications 00 45 12 Prequalification Statement 00 45 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers' Compensation Law 00 45 39 Minority and Women Business Enterprise Goal 00 52 43 Agreement 00 61 13 Performance Bond 00 61 14 Payment Bond 00 61 19 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division Ol - General Requirements O1 11 00 Summary of Work O1 12 16 Construction Sequence O1 20 00 Measurement and Pa ny ient O1 25 00 Substitution Procedures O1 31 19 Preconstruction Meeting O1 31 20 Project Meetings O1 32 16 Construction Progress Schedule O1 33 00 Submittals O1 35 13 Speciai Project Procedures O1 45 23 Testing and Inspection Services Ol 50 00 Temporary Facilities and Controls Ol 58 13 Temporary Project Signage O1 66 00 Product Storage and Handling Requirements O1 74 23 Cleaning O1 77 19 Cioseout Requirements 01 78 23 Operation and Maintenance Data O1 78 36 Warranties and Bonds O1 78 39 Project Recard Documents Division 02 - Existing Conditions 02 41 00 Demolition and Modifications CITY OF FORT WORTH Villa�e Crcek WRF Sccondary Clarificrs I-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 201 1 Division 00 General Conditions THIS PAGE LEFT INTENTIONALLY BLANK Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement City Project No. 01839 M&C Review � � �' ' Page 1 of 2 Official site of the City of Fort Worth, Texas F�:�.T�k�O�TH ¢YS.4'L.'."Y�:.%18',.aTfi:^.Y:h�l:C71TC305'.+L"C,.Gti",.it',�33'."�Sw�`m3L:^�.:.:-•,�•�•,y�.�,`•,••+^m•`�:w2T.v�"T'7.'�l:".:C�`w�t1."'3�".�TfJ'�-0iSWau:96:+�i�v"� �,��. •••&vTC;-.r�u:.,"�Cs"�Y."a9.='3m2:s..,.�o::�,.:5.'w.'*',�:1.�..2 . -�•.•`-•"._„a]3-:5'S,9°'L'".�`i'1Y�` R��,:.j:".:� COUiVCIL ACTION: Approved on 3/6/2012 GT'a'"`,::-,1.:.:�.7:5ti�..,...�.�.:-u�� ���-�.w".9.::{„��.:5 rMX��..'.�-�A'��w:S::,.'�.�'C�2:�:�....-.�.�'��.""'�'^.:.L�:Y2v.p: '�`��', W:::'�^:L-.,�".....w�.&-Y:L�.�.:T�.�.Yz.:�::��`w."'�.�:T...7.:•.�:�,�.a':�1U r�a 5�-.'w>"�--i5' a:. ... �-5 DATE: •, 3/6/2012 REFERENCE NO.. C TYPE: **C-25472 LOG NAN1E: CONSENT PUBLIC HEARING: 60ARCHER WESTERN SECONDARY WEIRS NO SUBJECT: Authorize Execution of a Construction Contract with Archer Western Construction, LLC, in the Amount of $389,600.00 for the Secondary Clarifier 1-9 Weir Replacement at Village Creek Water Reclamation Facility (COUNCIL DISTRICT 5) � ���„�:._.-�, �-�-�--�-��-.�..�..,.�.�.. .d. � . �,, ,..,�� �.:r...��..�..,��.�.� ,W�. ��,.r<: ��.-�-:� RECOIVIt1�EiVDATION: It is recommended that the City Council authorize the execution of a construction contract with Archer Western Construction, LLC, in the amount of $389,600.00 for the Secondary Clarifier 1-9 Weir Replacement at Village Creek Water Reclamation Facility. DISCUSSION: On January 25, 2011, (M&C C-24700) City Council authorized an Engineering Agreement with Camp Dresser and McKee, Inc., to provide general engineering support services for the Water Department on an as needed basis related to smaller, short term needs authorized through task work orders. Task order 2 included the development of construction plans and specifications for Village Creek Water Reclamation Facility Secondary Clarifiers 1-9 Weir Replacement. The project consists of removal and replacement of approximately 7,700 feet of existing weirs in the clarifiers. The weirs, used for flow control through the Secondary Treatment Area, are deteriorated due to age. This project was advertised on December 8, 2011 and December 15, 2011. On January 5, 2012 the following bids were received. Western Construction, LLC Contracting Services, LLC I Contractors, LLC ount Bid (Contract Duration 9,600.00 170 Calendar Days $403,000.00 $452,500.00 In addition to the construction contract cost, $10,000.00 is needed for inspection and City Staff support and $19,480.00 is provided for change order contingencies. M/WBE — The Water Department requested a waiver for M/WBE participation because the subcontractor opportunities for this work were negligible. The Village Creek Water Reclamation Facility is located in COUNCIL DISTRICT 5. FISCAL INFORMATIOIV/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P258 541200 701300183980 $389,600.00 http://www.fortworthgov.org/council�acket/mc review.asp?ID=16443&councildate=3/6/2... 3/8/2012 M&C Review Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Fernando Costa (6122) S. Frank Crumb (8207) Madelene Rafalko (8215) ATTACFl�t1ENTS 60ARCHER WESTER SECONDARY WEIRS Map.pdfi Page 2 of 2 http://www.fortworthgov.org/council�acket/mc_review.asp?ID=16443 &councildate=3/6/2... 3/8/2012 0 �iTY O�+` ��RT Wi}R�'�Y - �LAGE CREEK WA�'7�� �tEC�AMA'J�`�4N TACII�ITX SEC4P1lDARY ��4.RIFIER51-9 WEI�2 REPLACEIVV�ENT Ci#y Praject No. E11839 � 1�DI3EI�DUM NO.1 December 29, 2011 Bidders are hezeby informed af the foliovving changes to the contract documenis far the project. Sids for the projeci witl be received at 13� PM CST on Thursday, �anuary 5'", 2Q 12. Bidders must acfcnowiedge receipt - of this Addendam below, a�d on (}0 4I OU Bid Rorm. I. PR�JECT SPECI�ICATIONS 1. SPECIFICATIOI� SECTION 00 45 13 . Some questions on Page 4 and 6 of the Bidder Prequalification Application were cut off. Please see attached exceI fils iu eleetronic forma� for ciarafication. AC�EF''FANCE: The una�ersignedE does hereby agree fo �he add4�i�nal, s�ipulatiens, �nd ierms o�a4�imeti i� Addent��t� ' No. l to tE�e g�lans a�ac� s�►ecifieaiions for ti�e Villag,e Creek �aie� Retiamafion FaciiitV Secmnc�aa-v CIxa�a�eers 1-9 �eir Re�rIacemeni Proiect. Ci�v oi 3�ort �Voa-�h Proiect �llo. 01�39. .. SCIi�IDTJLED ]B�Ii �iAT'E: Janaary 5, 2U12 D.e.'I'E I2EI�TDLJNT TS`�i7El€}: December 24, 2011 .�C�� G�I): -. . : - �p���1��1.--- ,( ;j .�:{ b 7fis�o,o . . 1 • �� V (CiL t �7�i7 ✓�LL.� [ � ��l�oeseeoeo��a �9s'��� L`OYIEj9232�: ��-�1�t- La%��T� W�i't„`-'t %�uLt'rl�li t�t�� ��e o ,� � 0 e ic •' aoaesoeeam • °A�yY'�� RO�tNSa� ��.°e..a90271� ...•oi s°I� �wv -_ �`�7 �� d 1 �( ADbENDUM.NO 3 i2%29�24i1 001113-1 INVITATION TO BIDDERS Pa�e I of 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ZS 26 27 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 constnzction of the Village Creek Water Reclamation Facility Secondary Ciarifiers 1-9 Weir Replacement, Project No. 01839 will be received by the City of Fort Worth Purchasing Office: City of Fort Worth Purchasing Division 1000 Throckmorton Street Fort Worth, Texas 76102 untii 1:30 P.M. CST, Thursday, January 5, 2012, and bids will be opened publicly and read aloud at 2:00 PM CST in the Council Chambers. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: demolition and replacement of effluent weirs and scum baffles, including all anchors and hardware, for Secondary Clarifiers 1-9. Cutting existing anchors and patching with repair mortar. 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 https:/!projectpoint_buzzsaw.com/fortwortl�gov/Advertised%20Bids?public and clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The Contract Documents may be downioaded, viewed, and printed by interested contractars and/or suppliers. Copies of the Bidding and Contract Documents may be purchased from: CDM 777 Taylor Street, Suite 1050 Fort Worth, Texas 76102 (817)332-8727 The cost of Bidding and Contract Documents is: Set of Bidding and Contract Documents with fuii size drawings: $90.00 Set of Bidding and Contract Documents with half size drawings: $70.00 Set of Electronic Bidding and Contract Documents and Drawings with purchase of hard copy documents: $25.00 Set of Electronic Bidding and Contract Documents and Drawings without the purchase of hard copy documents: $70.00 CITY OF FORT WORTH Villagc Creek WRF Secondary Clarificrs 1-9 Wcir Replaccmcnt STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July I, 2011 O01113-2 INVITATION TO BIDDERS Pa�e Z of 2 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PREBID CONFERENCE A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following location, date, and time: DATE: December 20, 2011 TIME: 11:00 am PLACE: Village Creek Water Reclamation Facility 4500 Wilma Lane Arlington, Texas 76012 LOCATION: Training Room CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject bids. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Madelene Rafalko, City of Fort Worth Email: Madelene.Rafalko@fortworthtexas.gov Phone: (817) 392-8215 AND/OR Attn: Amy Robinson, CDM Email: Robinsonar@cdm.com Phone: (817) 332-8727 ADVERTISEMENT DATES December 8, 2011 December 15, 2011 28 END OF SECTION CITY OF FORT WORTH Villa�e Creek WRF Secondary Clarifiers I-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 00 21 13 - I INSTRUCTIONS TO BIDDERS Page 1 of 9 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS 1. Defined Terms 1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representa.tive, submitting a bid for perfomung the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Sidding Documents 2.1. Neither City nor Engineer sha11 assume any responsibility for enors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. All Bidders and their subcontractors are required to be prequalified for the work types requiring prequalification at the time of bidding. Bids received from contractors who are not prequalified (even if inadvertently opened) shall not be considered. 3.2. Each Bidder unless currently prequalified, must be prepared to submit to City within seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 3.2.1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July l, 2011 00 21 13 - 2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 3.3. The City reserves the right to require any pre-qualified contractor who is the apparent low 2 bidder(s) for a project to submit such additional information as the City, in its sole 3 discretion may require, including but not limited to manpower and equipment records, 4 information about key personnel to be assigned to the project, and construction schedule, 5 to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to 6 deliver a quality product and successfully complete projects for the amount bid within 7 the stipulated time frame. Based upon the City's assessment of the submitted 8 information, a recommendation regarding the award of a contract will be made to the 9 City Council. Failure to submit the additional information, if requested, may be grounds 10 for rejecting the apparent low bidder as non-responsive. Affected contractors will be 11 notified in writing of a recommendation to the City Council. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 3.4. In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. 4. Egamination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder shall: 4.1.1. Examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and o�cially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.13. Consider federal, state and local Laws and Regulations that may affect cost, progress, performance or fuinishing of the Work. 4.1.4. Study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Condirions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.5. Be advised that the Contract Documents on file with the City shail 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 o�cially promulgated addenda thereto, shall be binding upon the City. CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 00 21 13 - 3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.6. Perform independent research, investigations, tests, borings, and such other means 2 as may be necessary to gain a complete knowledge of the conditions which will be 3 encountered during the construction of the project. On request, City may provide 4 each Bidder access to the site to conduct such examinations, investigations, 5 explorations, tests and studies as each Bidder deems necessary for submission of a 6 Bid. Bidder must fill all holes and clean up and restore the site to its former 7 conditions upon completion of such explorations, investigations, tests and studies. 8 9 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 10 cost of doing the Work, time required for its completion, and obtain all information 11 required to make a proposal. Bidders shall rely exclusively and solely upon their 12 own estimates, investigation, research, tests, explorations, and other data which are 13 necessary for full and complete information upon which the proposal is to be based. 14 It is understood that the submission of a proposal is prima-facie evidence that the 15 Bidder has made the investigation, examinations and tests herein required. Claims 16 for additional compensation due to variations between conditions actually 17 encountered in construction and as indicated in the Contract Documents will not be 18 allowed. 19 20 4.1.8. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 21 between the Contract Documents and such other related documents. The Contractor 22 shall not take advantage of any gross error or omission in the Contract Documents, 23 and the City shall be permitted to make such corrections or interpretations as may 24 be deemed necessary for fulfillment of the intent of the Contract Documents. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 42. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 42.1. 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 guaxantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which axe at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 423. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers I-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July I, 2011 00 21 13 - 4 INSTRUCTIONS TO BIDDERS Page 4 of 9 3 4 10 11 12 13 43. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given 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. 14 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 15 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 16 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract 17 Docuxnents_ 18 19 5. Availability of Lands for Work, Etc. 20 21 5.1. The lands upon which the Work is to be performed, rights-of-way and easements for 22 access thereto and other lands designated for use by Contractor in perfornung the Work 23 aze identified in the Contract Documents. All additional lands and access thereto 24 required for temporary construction facilities, construction equipment or storage of 25 materials and equipment to be incorporated in the Work are to be obtained and paid for 26 by Contractor. Easements for permanent structures or permanent changes in e�sting 27 facilities are to be obtained and paid for by City unless otherwise provided in the 28 Contract Documents. 29 30 31 32 33 34 35 36 37 38 39 40 52. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 5.3. The Bidder shall be prepazed to commence construction without all executed right-of- way, easements, and/or permits, and shall 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. 41 6. Interpretations and Addenda 42 43 44 45 46 47 48 49 50 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications wiil be without legal effect. CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 201 I 00 21 13 - 5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Address questions to: City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Attn: Madelene Rafalko, Water Department Fax: (817) 392-8195 Email: Madelene.Rafalko@fortworthtexas.gov Phone: (817) 392-8215 Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.2. Addenda or clarifications may be posted via Buzzsaw at http://www.fortworthgov.org/purchasing/. 6.3. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting the requirements of Paragraphs 5.01 of the General Conditions. 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and deliver the complete Agreement within 10 days after the Notice of Award, City may consider Bidder to be in default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. Such forfeiture sha11 be City's exclusive remedy if Bidder defaults. The Bid Bond of all other Bidders whom City believes to have a reasonable chance of receiving the award will be retained by City until final contract execution. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July I, 2011 00 21 13 - 6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 10. Substitute and "Or-Equal" Items Z The Contract, if awarded, will be on the basis of materials and equipment described in the 3 Bidding Documents without consideration of possible subsritute or "or-equal" items. 4 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or "or- 5 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 6 City, application for such acceptance will not be considered by City until after the Effective 7 Date of the Agreement. The procedure for submission of any such application by Contractor 8 and consideration by City is set forth in Paragraphs 6.OSA., 6.OSB. and 6.OSC. of the General 9 Conditions and is supplemented in Section O1 25 00 of the General Requirements. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 11. Subcontractors, Suppliers and Others 11.1. In accordance with City Ordinance No. 15530 (as amended), the City has goals for the participation of minority business and women 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/WBE 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 City as evidence the documentation was received. Failure to comply shall render the bid as non-responsive. 112. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the City. 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, altemative, and unit price item listed therein. In the case of optional altematives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, written in ink in both words and numerals, for which the Bidder proposes to do the work contemplated or furnish materials required. All prices shall be written legibly. In case of discrepancy between price in written words and the price in written numerals, the price in written words shall govern. 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 affixed_ The corporate address and state of incorporation shall be shown below the signature. 47 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 48 partner, whose title must appear under the signature accompanied by evidence of 49 authority to sign. The official address of the partnership shall be shown below the 50 signature. 51 CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 00 21 13 - 7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 3� 38 39 40 41 42 43 44 45 46 47 48 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 o�cial address of the firm shall be shown. 12.6. 12.7. 12.8. 12.9. Bids by individuals shall show the Bidder's name and official address. Bids by joint ventures shall be executed by each joint venturer in the manner indicated on the Bid Form. The offcial address of the joint venture shall be shown. All names shall be typed or printed in ink below the signature. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12_ 10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, marked with the City Project Nuxnber, Project title, the name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 14. Modification and Withdrawal of Bids 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. After all Bids not requested for withdrawal are opened and publicly read aloud, the Bids for which a withdrawal request has been properly filed may, at the oprion of the City, be returned unopened. 14.2. Bidders may modify their Bid by electronic communication at any time prior to the time set for the closing of Bid receipt. 15. Opening of Bids Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July I, 2011 002113-8 INSTRUCTIONS TO BIDDERS Page 8 oF9 1 16. Bids to Remain Subject to Acceptance 2 All Bids will remain subject to acceptance for the time period specified for Notice of Award 3 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 4 City's sole discretion, release any Bid and nullify the Bid security prior to that date. 5 6 17. Evaluation of Bids and Award of Contraet 7 8 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 9 to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 10 and to reject the Bid of any Bidder if City believes that it would not be in the best 11 interest of the Project to make an award to that Bidder, whether because the Bid is 12 not responsive or the Bidder is unqualified or of doubtful fmancial ability or fails to 13 meet any other pertinent standard or criteria established by City. City also reserves 14 the right to waive informalities not involving price, contract time or changes in the 15 Work with the Successful Bidder. Discrepancies between the multiplication of units 16 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 17 between the indicated sum of any column of figures and the conect sum thereof will 18 be resolved in favor of the correct sum. Discrepancies between words and figures 19 will be resolved in favor of the words. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 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 parry to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has perFormed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 38 17.3. City may conduct such invesrigations as City deems necessary to assist in the 39 evaluation of any Bid and to establish the responsibility, qualifications, and financial 40 ability of Bidders, proposed Subcontractors, Suppiiers and other persons and 41 organizations to perform and furnish the Work in accordance with the Contract 42 Documents to City's satisfaction within the prescribed time. 43 44 45 46 47 48 49 50 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awazded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. CITY OF FORT WORTH Village Creek WRF Secondary Ciarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 00 21 13 - 9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awazded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by the City. 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement. Within 14 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement to City with the required Bonds, Certificates of Insurance, and all other required documentation. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 003523-1 CONFLICT OF INTEREST AF�'IDAV IT ' Page 1 of 3 � 2 3 4 5 6 7 8 9 10 Il 12 13 i4 15 26 I7 18 19 20 a1� z2 23 24 25 26 27 28 29 30 3I 32 33 34 35 36 s�c�ort ao 3s �s CONFLICT O� INTEREST AFFIDAVIT Each bidder, offeror, or respondent (hereinafter also refened to as "you") to a City of Fort Worth (also refened to as "City"} procurement a3-e requued to camplete Conflict of Interest Questionnaire (the attached CIQ Form} anc3 Locai Government Officer Conflicts Diseiosu�'e Statement (the attached CIS Form) below pursuant to state law. This affidavit wiFl ceitify that the Bidder has on file with the City Secreta3.y the required documentation and is eligible to bzd on City Work. The referenced forfns may be downloaded from the website linlcs provzded below. http•Ir'��+����� ethics_state.tx.us/fornisiCl4.vdf h�m-�l�a:u•u,_ethics state.Lz.us/forms/CIS.�df � CIQ Form is on file with City Secretaty Q' CIQ Form is being provided to the City Secretary � � CIS Fozm is on File with City Secretary CIS Fozm is being provided to the City Secretary : 1►') ' rl��� 1�.��51 �l'� ( �.�ST�I(G/? �' By: fJ�� �� . Company lease Print} � Dl � i�� �1 � S%2'� �+C�.3 Signa Address ���ll7%+(! , 7,� ![��% Ti.ile: tl�C� ��SIT.���t..�� City/State/Zip (Please Piint) CTTY QF FORT WOR?H Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARi) CONSIRUCTION SPECIFTCATION DOGLiMENTS City Project No. 01839 itevised Jnly l, 2011 003513-2 CONFLICT OF lI1TEREST AFFII?AVIT - Pagc 2 of 3 � ,� C4t�iFi.TCT O� iN�'�REST QUES�'iOPdNAIRE FOi�M C�C,� For venda� ar o�er person domg 6easmess wiiti Eoca1 govemme�taE e�tify 'TE� ttHsEt tttsa�e rea6a fn itoa 3a� Dy EiB. 4�f. s0lri ts8- R�gutsr Q�FIFSECtiIY 'Fhgqu�6onna¢s`sbei�gfiled"nsccac3snce+a3}►ptaptec'17B,1�calC�vve�nrtee�tC,ade B��trra . bya ger���rEnhasa��icr� re3a6orrsitip asd�"medby�edion 47B.Q04(t,a}wiif�slor�l gcsyemtr�ertTai enSly andihep�sott meeis �eqs�a�mentsunderSec�ion 77�.[S96(a}- By lawlEns � nrsstbefiZed w'iEs ihe reoo�rts�mic�-atar�Elhe iorai gm�rrx� enl3yceott�erthanthe e �isusnesdayat�e� theperso+� becomesa�ararec�fads thatteqesrethesta�mertffiob�fiTe� SeeSet�tonii8.flC16.LncslGovecnraentC,�osie_ A person � an af�rtse i€ihe� pecson Mw+�tg3Y vio�a�s Se�� �78�06, E.flra1 C;overnntetst Qocie.,�uc dfiense � derihis sectioet is e+Cta.� C mcsdansa�'aG Nmmer�f�so� rai�o t�asa� re�tio�sivPx�lx�tga+�r°menta(es�4ty_ ��� •'zS'f � C.. ! f2Ll ICt.t e- j—j CheeitiiisSwsiEgat�efii�egant�pdab�tnapreviassiy�ded - - L1 ('ihe i� reqaues 4hat you fite a�s updated camPl� questicnnahe wdh ihe ��'�fmg anti�wit�f n� ia�'#�an the 7@t btainess �faY a�s �ie d� ihe _ _ � �� � � � �mr� � Ffa�aFi�al$o�eramseato�era�iit��s'i�as ashusa�ssrei�nsh�- . 1�cv�lcc r�eo�tx�+- Thes sec�+ {deas 3�dnd[ng s�sbpats R. B. C h D) mat be crospiet�d fa each officer w#� ui3mm 8te �a i�as � enqiloyir�etst ar a�er 6esrt� t2lati�shiP as deFia�3 6�5�c6un l78.0(11(Sa}, Lnd C� Cad� At�eh addtionai �S trs this F'aan C�Q as neces�my. A(s � fot� oSicet tiamed � tlt� sectiort te�asris►8 ��'�IYro reoe� t�le afcom�. �sHt�� in�nertt Ussnt tl� f3er aFtF� questiota�aaa? . Q� �� S. is�seiiercf8teqe�sSars�iae�vi�gcr&ke�riate�i�#araS�ei�eroe.oHzerfkanirta�ts�stinc,�f�i�ns�ati{�e �tt o�lfie bcai go�remas�nt aSsce�' s�amed "ai th's �t�ort AS� the t-axahTa � is rr�E s�ceived imm tt+e Wr� � � �� ❑� G_ Ls tlee �� ih's ' - anpioyed 67/ a co� cr es9Ger [wsi� entity xi� tesped tn w�ai�t �e i� a�'se�u�s.as � of�er � d�redx or troids � av� oF t0 peisent �mae? QYes � ATo D�e each empin�atre�t ar bcs¢� rela6or�p'+�h the lad aFixxs �ied "a► 9!a"s sc�as. ^ � JLT rm[ �v t1:� MmQlpb �7 1 � CITX OF FORT WORTH Y�llage Creek WRF Secondary Clacifiers 1-9 Weir Rep3acement STANDARD CONSTRUCTI02�t SPECIFICATION AOCiJMENTS City ProjectNo. 01839 Revised 7uly J, 2011 00 3513 - 3 CONFLICT OF INTEREST AFFIDAViT Page 3 of 3 ��c�i.� ���r��t� �%tT a�F$a�i� �a��a �i� �e���.�c-r� �t���.�se� sr,�-re���r tr►�� - ana���m��aea�ts�n�a�} r0m rn�a ha !sm r�u aj tts_ ra9t, � csg., �po�r s�atae.� ►itls i5 3ite c�ce fn fiae �ppmgtia� iac� gat�a�tmenfai err6ty titat 3ise Saatamratg letal a�iee�'tta5becotneate�r2aEfactsS�atsequitel#�ea€1it.�ee-to�6leff�s�.*�n�t1 �� ar aoc�rfat�cewit}t t�sapt�riT6. E.a�af C-�+renxs�e�C.ad� � ofi.sSaaiCsogeree�tetOfncer ' Z Oi�te&9ead ' 3 �Fpersondesesa"bedffiySeai%onsl�i'6QQ2ja}and'i3��03(a},1nc�IGom�mz�nECod� 4 Oesetigtiono#l�nabureand�atoi`�npIog�eaitaro#hecb�inessreda�oaslvp��it�exs�isasaeduaitecn3 5 fisE g3is �ecep�i 6�y 4f�e [ozal govesna�est oti4�t' att�d aag fam�}i c�csd�x; �xeked"mg � tbesa�sed 3sy Seefiatt 97S.at#3{a-tj.3r a�a&c�oft�eg�s axe�dfrum pe�son nam�d'an i4� 3 esxed S2iQ dusm� fi� 4F-�onth �;rod �es��d 6y se�n ��69a�7�Rlt�i Oar�GiftR�eptai �saiptinnatC�ifi t?at��r"�A�s�pte8 Desaiptia►ofGift Da� t'zifEfscx�2p�ed Descripton aF GiS {a� add�moai &xnes as r�Y) � t�r�p�+�y � pe�iay t�t� am� as n� acet rnmet t � p1aF ���Q9C6'b H G�ltll� t� {�5 �r� t7y Se�ti i76.iII9(2j, tnc� . C�} �i1Sb � � L �so '1� �Ys �It Co�s 9� 12iEmr�s peit� � 7rJ( Sec�i t7fi�3{aj, [.a� C�est�tt � � Iae� C�t� 0f6c� s.r�rz xor,sx� sawur t aewc aeavE �aarmanaw�c+�he�aecnQtnrtexsmo n�&anae a�r ar _?p .mm�I4EYdcw�t7eSmY7cmKsaemssdda0i¢. ��ffiA�ts�n7Y�aYlDam9� - PoltGeQismm�dttlldeiaCintr�4�O� l'�ada�csabo8trtsfc4qomf� 1 2 Rt90pCC6 OGr2�l E1�D O]E SECTI�N QT'Y OF FORT WORTH V�1Iage Creek WRF Secondazy Ciarifiers 1-9 WeirRepiacement STANDARD CONSTRUCTION SPEGIPICA3TON DOCi7MENTS City Project No. 01839 Revised Jiily i, 2Q11 . ooa� o0 BID FORM PaLe 1 oC6 SECTION 00 41 00 BID FORM TO: The City Manager c/o: The Purchasing Department 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: City Project No. Units/Sections: Village Creek Water Reclamation Facility Secondary Clarifiers I-9 Weir Replacement 01839 NOT USED 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and fumish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. Zn submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO , BIDDERS, including without limitation those dealino with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Z.S. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. Bidder has not solicited oc induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. d. "collusive practice" means a scheme or anangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH STANDARD CONSTRUCTION SPBCIPICATION DOCUMCNTS ro�,» ae�;sea zot io�a� 00 41 00_00 42 43_00 43 13_00 43 37_Bid Form-Proposal-Bond_Vendor Compliance.xls .-� - • requaliffcat3on The Bidder act�owledges that the fotlowing work rypes must be performed only by prequaiified contractors and subcontracrors: a. Wastewater Treahnent Facilifies 4. Time of Cempletion _ 4.1. The Work wi31 he complete for Final Acceptance within 170 days aRer the date when the , the Coatract Time commences to ran as provided in Pazag[aph 203 of tfie Generat Conditions. 4.2. Bidder accepts ihe provisions of the Agreement as to liquidated damages in the event of failure to compFete the Work {and/or achievemeut of Milestones} wiihia the times specified in tfie Agreement. • 5. Attached to this Bid Tfie fallowing documents are attached to and made a part of this Bid: a, This Bid Form �/ b. Required Bid Bond, Secfion 00 43 13 issued by a s�uety meeting the requirements of Paragraph 5.01 of the General Condi6oas. ✓ - c. Proposal Farm Secaon , d. Vendor Compliance to State Law I�Ion Resident Bidde , Secfion 00 43 37 �� e. MWBB Fomu (optional at time of bid) X __ � f. Prequa3i&cation Stacement, Secaon 00 4512 ✓ g. Conflict af Interest Affidavit, Section 00 35 13. ✓ � h. Any additionai documents that maybe required by SeeHoa 12 of the Instiuctions to Bidders 6. Tota1 Bid Amount 6.1. Sidder wiil comptete the Work in accordance with ttie Conttact Doeuments for the foliowing bid amoun� In the space provided below, please enter the total bid amount for ttus project Only s3us figure will be read puisficIy by tlie City at tiie bid openiag. 6.2. It is understood and agreed by the Bidder in sigaing tiris proposal tiiat the total bid amount eniered below is subject to verification and(or modificarion by multiplying the nnit bid prices for each pay item by tlie respective estimatsd quaatities shown ia this proposai and then totaiing all of the extended amounts. 63 Totat Bid $0.00 � 3�� j t� �� � �� 0o as ao e�n wxn� ' Paye 3 of 6 —� �d SubmittaI This Bid is submuttsd oa �J �. t1 �tRl1 5;� f Z- by the entity named below. ' Respec y su �tted, � Raceipt is aclaiowledged of the Fnitial . followin Addenda: By; • � Addendum No. l: .1 (Signature) Addendum Na. 2: / AddendumNo. 3: ��0'`�G. U�D�E�i/�.� _ AddendmnNo. 4: (Printed Name) Tide: �1 �C�• Ft�-2'�-J' 11,�Et�"i� comp�y: A�N�-� �. k1� ��'��l ��'�s.7-t2 u c..�-� o�i,. � C�..G Address: Z� Z� f�VirG .�.4 } �!� _� d 3 A€.' L�tl��� �G —1(pCUG� Sfate of Incotporation: � � _ ��: t � � +�r��w:�v� � t,t.)a���ctcroup . �v }`�t. Phone: c� t t -- �' "C� - � � END OF SEGTION .. . • � � •� Corporate Seal: CITYOFFORT WORTli 5iANDARD CONS'FRUCiION SPEC�iCA710N DOCUMEN7'S 00 41 00 OQ 42 43 00 43 13 00 43 37_Bid Form Proposal-Bond Vendor Compliance.xls Fmm Rcvised 20110627 00 43 13 BID BOND Page 4 of b SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we, (Bidder Name) hereinafter called the Principal, and (Surety Name) a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of and No/100 Dollars ($ .00), the payment of which sum will be well and truly made and the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firm by these presents. WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Obligee, identified as Village Creek Water Reclamation Facility Secondary Clarifiers I-9 Weir Replacement NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the Obligee in accordance with the terms of such proposal, then this bond shall be null and void. If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution o the Contract in accordance with the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal, this bond shall become the property of the Obligee, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate Obligee for the difference between PrincipaPs Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this day of By: 2011. (Signature and Title of Principal) *By: (Signature of Attomey-of-Fact) *Attach Power of Attorney (Surety) For Attomey-in-Fact END OF SECTION CITY OF FOAT WORTH STANDARD CONSTRUCT[ON SPECII'ICATION DOCUMBNTS Porm Revised 20110627 Impressed Surety Seal Only 00 41 00_00 4? 43_00 43 I?_00 43 37_Bid �omi-Proposal-Bond_Ve�dor Compliance.sls 004243 BIDPROPOSAL Pege 5 ot6 , s�czzox oo aa as PROPOSAL FORM UlVIT PRICE $ID Eidder's Application Project ltcm Informatioa , Biddc�s Proposal Bidlistltera Specificatioa Unitof gidQuantity UnitPricc BidValue Descsiptiam Section No. Measure xa. ConstructionoftheViAageCmekFTamrReclamationFacilirySecondary 1 � l�0 1 C]azificcs 1-4 Weir ReplaccmtM Projeu, wmplem, exeluding Bid Items I�To. is �C� � 2, 3, and 4. -- 2 Damolish'e{ituant weus aad scum baffles on Secondary Clazifcus ]-9. 02 41 00 EA 9��(� ��� � 3 Cut acistuog anchors and apply repair motar un Sewndary Clai�ecs 1-9. 03 80 OD EA 9�6� � ��'��b� 4 Iastall new fibecglass wei:s and baffies on Secoudary Clarifirss 1-9. 06 85 06 EA 9� $ � 331 2Oi7� Bid Su� Alurnate Bid �� � Total Alteraate Bid N/A Deduciive A1tern�te Bid �� Totat Ded¢ctive Attcroate Bid N!A ' ` Addiflve Altcrnate Bid �r^ Tolel AddiBve Alternate Bid N/A b Totai Bid 6 CITY OF FORT WORTFt STpTTpqRDCONSl'RUCTtONSPEC�ICATlONAOCi7MENTS OQS7 00 904243 0043 13 0043 37 Bi3FosmProposai-Soud VmdarComptimee.zic ....... Form Rsviscd20110627 � 00 43 3? VFI9DOR COMPLIANCE'lY) STATELAW Pege 6 of6 --�, ' SECTIOIV QO 43 37 � VENDOR COMPLTANCE TO STATE LAW NON RESIDENT BIDDER T'exas Csovemment Code Chapter 2252 was adopted for the awazd of contracts to nonresideni bidders. This law provides t}iat, in order to be awarded a contract as low bidder, nonresident biddets (out o%state coatractors whose corporate offices or principal place af business aze outside the State of Texas) bid projects for constructioa, improvements, supplies or services in Texas at an amount lower tl�aa the lowest Texas resident bidder by the sazne amount ihat a Texas resident bidder wouId be reguired to underbid a nonrzsident bidder ia order to obtain a comparable contract in the State which the nonresidenPs priacipai piace of business is located. The appropriate b2atilcs in Seetion A must be filied out by alI nonresident bidders m order for your bid to meet specifications. The failure of nonresident bidders to do so wilI automatically disqualify that bidder. Resident bidders mnst check the box in Sectioa B. A. Nonresideat bidders in the State of , our principal place of business, are requfred to be perceut lower than resident bidders by State Law. A copy of the sratute is atiached. Nonresident bidders in tha Siate of , our principal place of business, are not required W underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. � SiDllE12: J Company. l��i-'L�1' ��`-'b�, ( _F1i�ST��IAC;�lG��� gy; �G �4IJ �Ybi./ .. Address: Z�ZI Ta�� S��!'�• i 03 �"� • �L�Uc.IC'-,Tc�l.f � '7LoC�0� -- (Signature} _ Title• � i C» �'Y.�SI �f�� - - Date; 6 C� END OB SECTION CITYOFiORT WORTH � SThNDARDCONSTP.UCITONSPECiFICA'L70NDOCUMENTS 00410D 004243 QC4313 004337 BidFocm•Ptopesal-Bond VeadorCamptmnce.x7s Focm Revised 2Qi]0627 004511-1 BIDDERS PREQUALIFICATIONS Page 1 of 3 1 SECTION 00 4511 2 BIDDERS PREQUALIFICATIONS 4 1. Summary. All contractors are required to be prequalified by the City prior to submitting 5 bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification 6 Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is 7 not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder 8 Prequalification Application in accordance with the requirements below. 10 The prequalification process will establish a bid limit based on a technical evaluation and 11 financial analysis of the contractor. The information must be submitted seven (7) days prior 12 to the date of the opening of bids. For example, a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31st day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application, the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. A certified copy of the fum's organizational documents (Corporate Charter, Articles 23 of Incorporation, Articles of Organization, Certificate of Formation, LLC 24 Regulations, Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer ldentification Nuxnber as issued by the Texas 27 Comptroller of Public Accounts_ To obtain a Texas Taacpayer ldentification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taxpermitl and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DITNS number as issued by Dun & Bradstreet. This number 33 is used by the City for required reporting on Federal Aid projects. The DLJNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the consiruction experience of the principles of the firm for firms 36 submitting their initial prequalification. These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements. Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH Village Creek WRF Secondary Clazifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 201 I 1 2 3 4 004511-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid the prequalified work types until the expiration date stated in the letter. END OF SECTION CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Ciry Project No. 01839 Revised July 1, 2011 --�. — •1 aoasiz-i PREQUALIFICATION STATEMEI3T Pago I of 1 1 2 3 4 5 6 SECTTON 00 4512 PREQUAL�ICATION STATEMENT 'Lach Bidder for a City procvrement is required to complete the informarion below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) Iisted. Major Work Type ContractorlSubcontractor Compauy Name Pzequalifcation Bx iration Date Wasfewater Treatment ��t�Ct�.'= �rs�'�r,� C�tiL-t�utliz�;i, +-�- �.3� � ?� � Z. Facilities �-�"�' 7 8 9 The undersigned hereby ceztifies that the coniractors andlor subcontractors described in 10 �he tahie above are cuaenily prequalified for the worlc types listed. 11 � 12 BIDDER: � 13 ia. �.��.�:�si��lC�'��.�s� t_i_G sy: t� �t���t� 15 Company Iease P' t) I6 " 17 2lZt �1,�. ..�, Sfi� �.03 Signature. �-'- 18 Address 19 ' # /� 20 �t�C-�T�� �..�?� %(1' �o �P Title: V l C.�- i' �E bs=� i" 21 City/Siate/Zip (1'lease Pri.nt) 22 23 Date: � � 24 . 25 END OF SECTiON 0 .� �J CITY OF FO1tT WORTH Village Cree& WRF' Secondazy ClarifioTs F-9 Weir Rcplacement STANDARD CONS'FRUCTlON SPECffICATION DOCUMENTS ' City Project No. 01839 Revised JnIy 1, 2011 � 1 � T � � � SECTION 00 4513 BIDDER PREQUALIFICATION APPLICATION Date of Salance Sheet , Mark only one: Qlndividual QLimited Partnership Q General Partnership Q Corporation QLimited Liability Company Name under which you wish to qualify Post Office Box City State Zip Code Street Address (required) Telephone City State Fax Area Code Number Area Code Number Zip Code Texas Taatpayer ldentiiication No. Federal Employers Identification No. E-mail Address DUNS No. (if applicable) MAIL THIS QUESTIONNAIRE ALONG WITH FINANCIAL STATEMENTS TO: CITY OF FORT WORTH TEXAS 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76 1 02-63 1 1 AND MARK THE ENVELOPE: "SIDDER 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/ar �has less than $6,000,000.00 in annual gross receipts OR �does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in detemuning eligibility to become prequalified. MAJOR WORK CATEGORIES Water Department Augur Boring - 24-inch diameter casing and less Augur Boring - Greater than 24-inch diameter casing and greater Tunneling — 36-Inches — 60 —inches, and 350 LF or less Tunneling - 36-Inches — 60 —inches, and greater than 350 LF — 66" and greater, 350 LF and greater — 66" and greater, 350 LF or Less Cathodic Protection Water Distribution, Development, 8-inch diameter and smailer Water Distribution, Urban and Renewal, 8-inch diameter and smaller Water Distribution, Development, 12-inch diameter and smaller Water Distribution, Urban and Renewal, 12-inch diameter and smaller Water Transmission, Development, 24-inches and smaller Water Transmission, Urban/Renewal, 24-inches and smaller Water Transmission, Development, 42-inches and smaller Water Transmission, Urban/Renewal, 42-inches and smaller Water Transmission, Development, All Sizes Water Transmission, Urban/Renewal, All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches — 36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV, 24-inches and smaller CCTV, 42-inches and smaller CCTV, 48-inches and smaller Sewer CIPP, 12-inches and smaller Sewer CIPP, 24-inches and smaller CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED [INSERT REVISION DATEJ 004513-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES, CONTINUED Sewer CIPP, 42-inches and smaller Sewer CIPP, All Sizes Sewer Collection System, Development, 8-inches and smaller Sewer Coliection System, Urban/Renewal, 8-inches and smaller Sewer Collection System, Development, 12-inches and smaller Sewer Collection System, Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development, 24-inches and smaller Sewer Interceptors, Urban/Renewal, 24-inches and smaller Sewer Interceptors, Development, 42-inches and smaller Sewer Interceptors, Urban/Renewal, 42-inches and smaller Sewer Interceptors, Development, 48-inches and smaller Sewer Interceptors, Urban/Renewal, 48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement, All Sizes _ Sewer Cleaning , 24-inches and smaller Sewer Cleaning , 42-inches and smaller Sewer Cleaning , All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less - Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction (LESS THAN 10,000 square yards) Asphalt Paving Construction/Reconstruction (10,000 square yards and GREATER) Asphalt Paving Heavy Maintenance (IINDER $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 Pedesirian Lighting CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED [INSERT REVISION DATE] 004513-4 BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 1. List equipment which you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present business name? List previous business names 3. How many years experience in construction work has your organization had: a) As a General Contractor: (b) As a Sub-Contractor? 4_ *What projects has your organization completed in Texas and elsewhere? LOCATION NAME AND DETAILED CONTRACT CLASS OF DATE CITY-COUNTY- ADDRESS OF OFFICIAL AMOUNT WORK COMPLETED STATE TO WHOM YOU REFER * If requalifying only show work performed since last statement. If so, where and why? complete a contract? If so, state the name of individual, other organization and reason. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED July 1, 2011 004513-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 _ 7. Has any o�cer or owner of your organization ever failed to complete a contract executed in his/her name? the name of individual, name of owner and reason. In what other lines of business are you financially interested? I11. Give the names of any a�liates or relatives currently debarred by the City. Indicate If so, state to this oerson or firm. 12. What is the construction experience of the principal individuals in your organization? YEARS OF PRESENT POSITION CONSTRUCTION MAGNITUDE AND NAME OR OFFICE EXPERIENCE TYPE OF WORK IN WHAT CAPACITY CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED July 1, 2011 004513-6 BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 City employee, please list the name of the City employee and the 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 children or those related by adoption or marriage. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED July 1, 2011 Except for 6mited partners, the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised. Should you wish to grant signature authority for additional individuals, please attach a certified copy of the corporate resolution, corporate minutes, partnership agreement, power of attorney or other legal documentation which grants this authority. 004513-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include, the manufacturer, model, and general common description of each. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED July 1, 2011 Similar types of equipment may be lumped together. If your firm has more man ju types oi equipment, yUU IIlay SllV w�u��� 30 types and show the remainder as "various". The City, by allowing you to show only 30 types of equipment, reserves the right to request a complete, detailed list of all your equipment. 004513-8 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 fmancial 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 parly to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as wall as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information, while this sta.tement is in force, necessary to verify said statement. , being duly swom, deposes and says that he/she is the of , the entity described in and which executed the foregoing stsatement that he/she is familiar with the books of the said entity showing its iinancial condition; that the foregoing financial statement taken from the books of the said enrity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Swom to before me this day of Notary Public Notary Public must not be an officer, director, or stockholder or relative thereof. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED July 1, 2011 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 3'7 38 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labar Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 01839. 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: ��(��er ��e�S��ern �,�fY'��o�-.� LLC By: Company �1�� , �e�r,�e. % . S'�rf� /03 Address r�� yrci �n ,/ X%/ � �� City/Sta e/Zip THE STATE OF TEXAS § COUNTY OF T��RRANT § Sig� Titl� BEFORE M/E, the undersigned authority, on this day personally appeared _i0�2 `irr �.�/�l �c. , known to me to be the person whose name is subscribed to the fore oing inst� ent, and acknowledged to me that he/she executed the same as the act and deed of ��^��pr k/„��f'�r" �'j„�,-�G1i>rs ,��C for the purposes and consideration therein expressed and in the capacity therein stated. GIVE LTNDER MI' HAND AND SEAL OF OFFICE this �� day of �r�.. , 201� i � �� Notary Public in and or the State of Texas END OF SECTION CTI'Y OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUC'ITON SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 (Please Print) 004539-1 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Pagc 1 of I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 SECTION 00 45 39 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL APPLICATION OF POLICY If the total dollar value of the contract is $25,000 or more, the M/WBE goal is applicable. If the total dollar value of the contract is less than $25,000, the M/WBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. M/WBE PROJECT GOAL The City's M/WBE goal on this project is 0% of the total bid (Base bid applies to Parks and Community Services). COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non-responsive. Any questions, please contact the M/WBE Office at (817) 212-2674. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Deparhnent, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the M/WBE documentation in person to the appropriate employee of the Managing Department and obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the time allocated. A faxed copy will not be accepted. 1. Subcontractor Utilization Form, if goal is met received by 5:00 p.m., five (5) working days after the or exceeded: bid o enin date, exclusive of the bid o enin date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) working days after the Utilization Form, if participation is less than bid opening date, exclusive of the bid opening date. stated oal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) working days after the Utilization Form, if no M/WBE artici ation: bid o enin date, exclusive of the bid o enin date. 4. Prime Contractor Waiver Form, if firm will received by 5:00 p.m., five (5) working days after the erform all subcontractin /su lier work: bid o enin date, exclusive of the bid o enin date. 5. Joint Venture Form, if utilizing a joint venture received by 5:00 p.m., five (5) working days after the to meet or exceed oal. bid o enin date, exclusive of the bid o enin date. 37 38 END OF SECTION CITY OF FORT WORTH Villagc Crcek WRF Sccondary Clarificrs 1-9 Wcir Replaccment STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Projcct No. 01839 Revised Decembcr 5, 2011 00 52 43 - ] Agreement Pagc 1 of 5 Ea SECTION 00 52 43 AGREEMENT AGREEMENT THIS AGREEMENT, is made by and between 5 Thc Citv of Poith �Vordi. a home rulc municipal corpoiation in the State of Teras, actin� bv and 6 throu� � its Cit Man er, hereinafcer called Cit , / 7 and i<,�? vi_C'StCrv► [�/�f�'ic(�. �/_�,L�-C-,a�;,�,:-��cl/i�6 s' ���'l��a,j 8 (legal descriprion, e.g. coiporation, LP, LLC), authorizcd to do business in Te�ing by afld 9 through its duly authorized representative, hereinafter called Contractor. City and Contractor, in 10 consideration of the mutual covenants hereinafter set forth, agree as follows: 11 Article 1. WORK 12 Contractor shall complete alI Work as specified or indicated in the Contract Documents for the 13 Project identified herein. 14 Article 2. PROJECT 15 The project for which the Work under the Contract Documents may be the whole or only a part is 16 generally described as follows: 17 Vi11aQe Creek Water Reclamation Facilitv Secondary Clarifiers l-9 Weir Re�►lacement 18 Ci � Project Number 01839 19 Article 3. CONTRACT TIME 20 21 22 3.1 Time is of the essence. All time limits for Milestones, if any, and Final Acceptance as stated in the Contract Documents are of the essence to this Contract. 23 3.2 Fina1 Acceptance. 24 The Work will be complete for Final Acceptance within 170 days after the date when the 25 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that City will 28 suffer financial loss if the Work is not completed within the times specified in Pazagraph 29 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 30 General Conditions. The Contractor also recognizes the delays, expense and difficulties 31 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 32 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 33 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 City Two Hundred Ten Dollars ($210.00) for each day that expires after the time 35 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 36 Acceptance. OFFICtAL RECORD CITY SECRETARY F1'. WORTH, TX CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers ]-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DO(,'[JMENTS City Project No. 01839 Revised July 1, 2011 00 52 43 - 2 Agreemeat Page 2 of 5 37 Article 4. CONTRACT PRICE 38 City agrees to pay Contractar for performance of the ork in accordance with the Contract � 39 Documents an amount in current funds of � Q.t �n�lr,� ��ti/,�y /f•�e 7{tu:�,ie,H <$,; Nt•���`( �a/�S �` ��� 40 Dollars $ 3�� L�% D 0 � ��' 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 A. The Contract Documents which comprise the entire agreement between City and 44 Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 2. Exhibits to this Agreement: 47 a. Bid Form 48 1) Proposal Form 49 2) Vendor Compliance to State Law Non Resident Bidder 50 3) Prequalification Statement 51 4) State and Federal documents 52 b. Current Prevailing Wage Rate Table 53 a Insurance Accord Form(s) 54 d. Payment Bond 55 e. Performance Bond 56 f. Maintenance Bond 57 g. Power of Attorney for the Bonds 58 h. Worker's Compensation Affidavit 59 i. MWBE Commitment Form 60 3. General Conditions. 61 4. Supplementary Conditions. 62 5. Specifications as included in the Project Manual. 63 6. Drawings. 64 7. Addenda. 65 66 67 68 69 70 71 72 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. OFFICIAL RECORD CITY SECRETARY IFT. WORTH, '�X CITY OF FORT WORTA Village G�eek WRF Secondary Ciarifiecs 1-9 Weir Reptacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, Z01 I � OQ5243-3 Agreement Page 3 of 5 73 Article 6. INDEMNIFICATION 74 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 75 expense, the city, its officers, servants and employees, from and against any and all 76 claims arising out of, or alleged to arise oui of, the work and services to be performed 77 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 78 under this contract. This indemnification provision is sqecificallv intended to oaerate 79 and bc effectivic e�•en if it is alle�ed or �roti�en that all or s�me �F thc dama�es bein� 80 sou�ht were caused. in ►vhole or in oai•t, bv anv act omission oi• nevli�ence of the citv. 81 This indemnity provision is intended to include, without limitation, indemnity for 82 costs, expenses and legaI fees incurred by the city in defending against such claims and 83 causes of actions. 84 85 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 86 the city, its officers, servants and employees, from and against any and $ll loss, damage 87 or destruction of property of the city, arising out of, or alleged to arise out of, the work 88 and services to be performed by the contractor, its officers, agents, employees, 89 subcontractors, licensees or invitees under this contract. This indemnification 90 provision is specificallv intcnded to operate and be effective even if it is alleaed or 91 proven that all or some of thc damaaes beina soa�ht wcre caused in wl�ole or in part 92 by anv act, omission or ne�ligence of the citv. 93 94 Article 7. MISCELLANEOUS 95 7.1 Terms. 96 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 97 have the meanings indicated in the General Conditions. 98 7.2 Assignment of Contract. 99 This Agreement, including all of the Contract Documents may not be assigned by the 100 Contractor without the advanced express written consent of the City. 101 7.3 102 103 104 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 105 7.4 Severability. 106 Any provision or part of the Contract Documents held to be unconstitutional, void or 107 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 108 remaining provisions shall continue to be valid and binding upon CITY and 109 CONTRACTOR. 110 7.5 Governing Law and Venue. 111 This Agreement, including all of the Contract Documents is performable in the State of 112 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 113 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 � OFFICIAL RECORD � �A�'� �1��6�ETARY Village Creek WRF Secandary Clarifiecsl���l-9 4�e�i'��L��"��{�� �� ICity Projeci No. 01839 005243-4 A�rccment Pagc 4 of 5 ` L L 114 7.6 Othcr Provisions. I1� 1t6 117 114 119 120 l21 �?? 123 The Conu�acror agrces to pay at least minimwn �vabe per hour for all labor as the same is classified, pronnilgated and set out by the City, a copy of �r•hich is attaci�ed hereto and made a part hereof the same as if it �vcrc copied verbatim hercin. 7.7 nuthoriry to Sign. Contraccor sh�ll attach cvidenec of autl�ority to sign A��reement, if od�cr than duly authorizcd signatory of thc ConUactor. SIGNATURE PAGE TO FOLLOW OFFICIAL RECORD CITY SECR�TARY FT. WORTH, TX C1TY UP f'ORT WORTH Village Cmek WRF Sccondary Cl;vifiers 1-9 1Veir 2cpiaccment STA,WARD CONS'fRUCT10\ SAEC[FICAT(O�I DOCIJML•\TS City Projcct No. 01839 Rcviseci July 1, 2011 005243-5 Agreement Page 5 of 5 L � 124 125 126 127 128 129 130 131 132 133 134 135 13 f, :37 1.3� IN WITNESS WHEREOF, Ciry and Contractor have signed this Agreement in multiple counterparts. At least one counterpart each has been delivered to City and Contractor. This Agreement will be effective on , 20 (which is the Effective Date of the Agreement). I r ;� City of Fort Worth Contractor: 9 f'L�):; � �b'�FST�rrl �: i'Y%c <-?�-'� L�-[, �� QY:�C�Ztw+�.�o �.�.�� ✓'� ' � � '� Fernando Costa B : ( �' ,� . Assistant City Manager Signature) M&C C -z� K� Z Mlc��e� 1���� `� Date `�— G i Z (Printed Name) — �/, / / Title: / i'�Si d en f" Attest: ��✓ �� Address: ��� � � I/,�h�CQ� � � , .j�.P li3 Ciry/StateiZip: :�r��iroy ' �r� . / 7hL�OG ���5�'. C '��- C. %✓GL 5�� U'�e t�r'( APP VAL RECOMMENDED. Q . i �� W� " .� DTRECTOR, WATER DEPARTMENT 1000 Throclmlorton Street Fort Worth, Texas 76102 �F — uu� F����� 00 ���� 0 0 o'� � � o�� OFFIGIAL. RECORD GITY S�C�ETARY �'e �ING►�il�� 4'�f C1TY OF FORT R/ORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCiJMENfS City Project No. 01839 Revised July 1, 2011 Bond No: 10�737766 1 2 3 4 5 6 7 8 9 10 SEG�ION 00 61 13 PERFORMANCE BOND 006113-1 PERFORiVIANCF., BO1�Tll Page ] of 2 THE STATE OF TEXAS � § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That wc, Archer Western Contractors, LLC , known as "Principal" herein and Travelers Casualty and Surety Company a corporate � surery(sureties; if more than one) duly authorizc�d to clo business in the State of Texas, known as 11 "Surety" herein (wheth�r one or more), ane held and firmly bound unto the City of Fort Worth, a 12 inunicipal corporation Lreatet3 pursuant to the laws of Tezas, known as "Cit}�' herein, in the penal 13 sum of, Three Hundred EiQhty Nine Thousand Six Hundred Dollars 14 (� 389.600.00 ),1a1��fu1 inoney of the Uniteci States, to be paid in Fort Worth, 15 Tazrant County, Texas for the payment of which sum well and truly to be made, R�e bind 16 ourselves, our heirs, executors, adminisir�tors, successors and assi�s, joint�y and severally, 17 iu-ml.y by these presents. 18 �'�HEEREAS, the Principal has en#erzcl into a certain w-ritten contract with the City 19 awa�cded ih� _ datr of ��� �� �'� `-' '`�' �� , 20 , wliich Contract is hereby zeferred to and 20 made a�ari ]�ereof for aJl purp�ses as i� ful.ly set forth }�erein, to fiu-clish all materials, equipment 21 labor anci oik��z acces�n es s�fined by ]aw, cn tlie pt�secution of ttte �'Vork including any Change 22 Orders, as prc��itleti far in said Cnx�fract desia ated aa V'illa.ge Creek Waler Reclamation Facility 23 Secondary Clar��Z�s 1-9 ��ir Rcpla�cm�at, City Projcct No. 01839 24 NOW, TH��FflRE, ib� eDndifiio.n ofihis abliga..tion is such that if the said Principal 25 shall faithfully perform ii r�bli4a�ious unde,x the Contr�act and sha.11 in all respects duly and 26 faithfully perform the Work, inclu�.ing Change Ordcrs, under the Contract, according to the plans, 27 specifications, and contract d4L��.ments therein refeixed to, and as well during any period of 28 extension of the Contract that ma� be grauted on the part Qf the City, then this obligation shall be 29 and become null and void, otherwise to remain in full force and effect. 30 31 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 Northem District of Texas, Fort 32 Worth Division. CITY aF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUTv1ENTS Ciq� Project No. 01839 Revised 7uly i, 2017 006113-2 PERFORMANCE BO?�ID Page 2 of 2 r � 1 Tius bond is made and executed in complianc� with the provisions of Chapter 22�3 of the 2 Texas Government Code, as amende�i, and all liabiliries on this bond shall be determined in 3 accordance with the provisions of sairl statue. 4 IN W7TNE5S WHEREOF, the Principal and the Surety have SIUNED and SEALED 5 this instrument by duly autharized agcnfis and o�"icers on tlus the ;, 6 - _ 20 . 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 A �s ' e al) Secretary Sean C. Walsh � Witnass as to Pzi�acapal Colleen Becker �� � �� ' x ���.--, '1 , �t�ii ss s to S ety Jodi Wallace � of PRINCIPAL: Archer Westem ontractor`, LLC -- _ , - - -- G' ; - �— - _ BY: i `�a�/ Si ature Matthew Walsh, President Name and Title Address: 2121 Avenue J, Suite 103 ArlinQton. TX 76006 SURE'I�r': Travelers Casualty and Surety Company 8Y: � ��% � Sign.a Kerry Pecora, Attornev-in-Fact Namc and Title Addz�ss: One Tower Square Hartford. CT 06183 Telephone Number: 630-961_7037 �`Note: If signed by an officer Qf ihe Suret.y Company, there must be on file a certified extract from the by-laws showing ihat 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 nni be prior to the date the Contract is awarded. CTfY OF FORT WORTFI �llage Creek VJRF Secondazy Clarifieis 1-9 Weir Replacement STANDARD CONSTRUCTTON SPECIFICATION DOCUMENTS City Project No. 01839 Revised 7uly l, 2011 Bond No: 105737766 1 2 3 4 5 6 7 8 SECITON 00 61 14 PAYMENT BOND 006114-1 P.AYIv1EVT B0�1D Page ] of 2 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARR.ANT § That we, �'cher Western Contractors, LLC , known as 9 "Principal" herein, and Travelers Casualty and Surety Company a -----�- - � --- — ' 10 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 11 "Surety" herein (whether one ar more), �+re held and firmly bound unto the City of Fort Worth, a 12 municipal corporation t;reatsd pursuant to the laws of the State of Te�as, laiown as "City" herein, 13 in the peIlal Sum pf Three Hundred Eighty Nine Thousand Six Hundred Dollars 14 ($ 389,600.00 j, la�vful money of the L�nited Staxes, to be paid in Fort Worth, 15 Tarrant County, Texas, for the �ayment of which 5um R�ell and a-uly be made, we bind ourselves, 16 our heirs, execut�rs, adm�ni�trators, sticcessors aud ass bQns, jointly and severally, firmly by these 17 presents: 18 VVHEI�Ea.S, Principal has entered. into a certain «ritten Contract v��ith City, awarded tha 19 �day af __ . , 2fl , which Contract is hereby refezxed to and 20 znade a paxt laereof fox a11 purpvse� as if fully set forth herein, to furnish a11 materials; equipment, 21 labor and oTber acr.esaories as d�fin�d by laev, in the prosecution of the Work as provided for in 22 said Conlract aa3d de�i�ated as Vi�labe Creek Water Rec.la�z�ation Facility Secondary Clarifiers 23 1-9 Weir Rep7acer.nezii, �ity Proj� No. 01839 24 NOW, THE��:FORE, TH� COND]T[ON O.F TFIIS OBLIGATION is such tbat if 25 Pnncipal shall pay a11 xnoni� ��-inb to any (and all� payment bond beneficiary (as defined in 26 Chapter 2?�3 of tbe Texas Go�erz�ncnt Co�e, as arnended) in. the prosecution of the Work under 27 the Contract, then this obligala�n shall be and become null and void; otherwise to remain in full 28 force and effect. 29 This bond is made and e�ecuierl in compliance with the provisions of Chapter 2253 of the 30 Texas Governtnent Code, as amended, and all liahiliries on this bond shall be determined in 31 accordance with the provisions of said s�tatute. 32 CTTY OF FORT WORiH �illage Creeic �VRF Secondzry Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTI0�1 SPECIFICATION DOCUMII�1'S City Project To. 01839 Revised 7uly 1, 2011 1 ? a � 00 61 14 -? f?AYN1L•��1� DO\D Pagc 2 of � IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the � day of iu'uai. � '' . L��`\`' �0 G ATTEST: ) Scc;retary Sean C. Walsh im�ss as [o Principal � Colleen Becker ATTEST: .` (Su etyj - � at leen C. O'Rourke SURLTY: Travelers Casualty and Surety Company 5 6 7 8 9 10 11 ' ' � `-� � • r � Witn ss a to urety odi Wallace r PRINCIPAL: Archer Western Contractors, LC � ' - — BY: ",,,_ ia Signat c Matthew Walsh, President Name and Tiile Addt'ess: ? 121 Avenue J, Suite 103 Arlington, TX 76006 / BY: �.. - ianaturc Kerry Pecora, Attorney-in-Fact Name and Title Address: One Tower Square Hariford, CT 06183 Teleghone Number: 630-961-7037 Note: If signed by an officer of thc Surc�y. there must be on file a certificd c�tract irom thr: byla���s sho���ing that this persc�n has authority to sign such obli�ation_ If Surerv's physical address is different from its mailin�, address, both nnist be provid�d.� The date of the bond shall not be prior to tlle date tlle Contract is a�varded. EtiD OF SECTIOI� � CITY OF PORT 1VOR7li Village Creek t1 RF Secondary Clarificr� I-9 \Vcir Replacee:�ent STAVUrVtD CO\S7T(UCTIO\ SPGCIF[CATION DOCUh1LIv I'S City Projcct tio. 01�+9 Rcvi,cd Julv ]. =U1 I ,� , WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POW�R OF ATTORNEY TRAVELERS. Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company TYavelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. 1Y-avelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney-In Fact No. 22434� Certifcate No. U �..J `-f� ��.J ��� KNOW ALL MEN SY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guazdian Insurance Company and St. Paul Mercury Insurance ` Company aze corporations duly organized under the laws of the State of Minnesota, that Fazmin�ton Casualty Company. Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America aze corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranry ` Company is a corporation duly oraanized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly or�anized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly or�anized under the laws of the State of Wisconsin " (herein collectively called the "Companies"), and that the Companies do hereby make, consritute and appoint Kathleen C. O'Rourke, Brian R. Walsh, J. William Ernstrom, Jodi Wallace, and Kerry Pecora �� of the City of _{'hi�aan . State of IllinOtS , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, reco�nizances, conditional undertakinas and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteein� the fidelity of persons. �uaranteeing the performance of contracis and executine or �uaranteein� bonds and undertakings required or pernutted in any actions or proceedin�s allowed by law. � 9th IN WITNE�S E'JHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto �xed, this � day of D�cember , 2011 � Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company TYavelers Casualty and Surety Company 'h�avelers Casualty and Surety Company of America United States Fidelity and Guaranty Company �nsu,�� ��'N(� ...�F�ae°Quw�, 1:�*N INSG ,•,�•j'•�I+g q �� JptY4Np ��ery F�iYAh'0 �, M°wa �r .y'a..�. { O: %'""'•. q J_.......... 9 y s ,N/�� �q �O 02 �pP�/�r L Q� 6 < >P'S JrCpRPOR�TF�i :�P �� RPORA � c'� a Gt �{ �C � � t"i o INC�RPppqjEp m /�; m� i�u:�0 >fi_�^: �! 5 '� INLp�q�� � 1 9 8 2r 0 � � 9%% �f � . -fi � �' : • = f : —_ : � : W HAflTFORD, fiAHTFOR0.i � < ts96 � Za.�ci�'� ; ,ay 1.C'� �� �l�x�' ���SEAL.os coNN. =��., �� N.gs o � Jr1 :n. -,;. o_ coc,k. 4 aa �, b ��.2 OR �L'. '�J �76:.SEAL:'Di= W t � �y � a� ]� T�� ��5ry/��`ANGE� �� S. AN�� �°'iS.........*aa�. sbt 'N�a �1'i ,��a 1/� A�:'� ' ..... �•n....�./� State of Connecticut City of Hartford ss. By: Geora Thompson, enior ice President �- On this the 9th day of December 2011 , before me personally appeared Geor�e W. Thompson, who acknowledged himself to be the Senior Vice President of Fannington Casualty Company, Fidelity and Guazanty Insurance Company, Fidelity and Guazanty Insurance Underwriters, " Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety , Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guazanry Company, and that he, as such; beino authorized so to do, � executed the foreaoing instrument for the purposes therein contained by si�nin� on behalf of the corporations by himself as a duly authorized o�cer. � � �, � G•T� In Witness Whereof, I hereunto set my hand and official seal. ��� My Commission expires the 30th day of June, 2016. � p�`�G �h ��� 58440-6-11 Printed in U.S.A. � �„�,� C . �.���c� Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER Travelers' � ' IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3130 (267) 675-3102 F� You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September l, 2001. Bond No: 105737766 006119-1 MAII�TENA\CE BOND Page I of 3 1 2 3 4 5 6 7 8 9 10 SECTION 00 61 19 MAII�TElYANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we Archer Western Contractors, LLC , known as "Principal" herein and Travelers Casualty and Surety Company , a corporate surety (sureties, if more than on�) cluly authflrized to do business in the State of Texas, known as 11 "Surety" herein (whather one or more}, are helr� and firmly bound unto the Ciry of Fort Worth, a 12 municipal corporation created puruant to the laws af the State of Texas, l:nown as"Ciry" herein, 13 in the sum of Three Hundred Eighty Nine Thousand Six Hundred Dollars 14 ($ 389,600.00 ), la�vful money of the United States, to be paid in Fort Worth, 15 Tarrant Couniy, Texas, �or payment of �vhich sum well anci truly be made unto the City and its i6 successors, we bind ourselves, our heir�, �xecutors, administrators; successors and assigns, joinfly 17 and severally, firmly by these presents, 18 19 WAEREAS, ihe Principal h.as entered inta a certain uTitten contract ��ith the City awarded 20 t�he da}� of '�� �`'- ��� ��� _ 20 , which Contract is hereby 21 re�ezxed 2o and a�e pari hereof for a11 pucposes as if fully set forth herein, to furnish a�l. 22 mater�als, equipment J�bax a�d otJaer accessories as defir.ied by la��J, in th.e prosecution of the 23 Work, incluciaz3p any Work zesulting frarn a duly authoria_ed Change Order (collectively herein, 24 the "Work") as �o�ideci fox an saiti coutract and designated as �iillage Creek Water Reclamation 25 Facility Secondarg� CJaxafit;rs 1-9 W�az R�placjc�nent, City Project No. O1$39; and 26 27 28 29 30 31 32 33 34 VVHEREAS, Prir��ipal biuds itself to usc such materia,ts and to so construct the Work in accordance with the plans, speci�ic�i�ns and Coniract Documents that the Work is and will remain free from defects in maT�;rials ur 3vork�nanship for and durin� the period of two (2) years after the date of Final Acceptance af #ize Wark by the City (`2Vlaintenance Period"); and WHEREAS, Principal binds its�lf #o repair or reconstruct the W ork in whole or in part upon receiving notice from the Ciry of ihe need therefor at any time within the Maintenance Period. CTTI' OF FORT WORTH i�illage Creek Vv'RF Secondan� Clar.fiers 1-9 Wair Replacement STANDARD COlVSTRUCITON SPECIFiCATION DOCUhffiV'I'S Ciry Project No. 01839 Revised July 1, 2011 (70Gi i�)-2 4SAI\TE`A\CE t30\T) Pate 2 of 3 1 �U�' TH�CREI�OR�E, t}1e condition ot this ebli�ation is such that if Principal sl�all 2 reuiedy any d�fectiv�: Worl:, for u�[uch tinlcly nocice ����s provicieet bv City, to a can7pletion 3 s�tisfaetary Co tli� City, then Ct�is obli��tion shali E�ecome nul( and void; atherw�ise Co ren�ain in 4 full force and effect. S �� G PROVIDED, H(J«'Et�'FR, if Principal sl�alt fail so to r�p:�ir ar reconsti-uct any timely `����� 7 noti�cd defe;ctive Work, it is ag:•eed that ti�e Giry may� cause an}�• anc3 all suel� defecti�-e Work to � be re�aired andr'or recc�nstructed witl� alI a,sociacccl costs thereof bein4 be�rne b;�r the Principal and -- 9 thc Sure,ty unde�- this Maintc►�ance band; and 10 l i PROVIDED C'U�R`I'HTR, [I�at if an� legal action be filed an thi� B�nd, venue sllaIl lie iia i 2 Tarrant Cotintyr, Texas ar tlze United States Disu�iGt Court for t}ze Northcrn District c�f Tetias, Fort l3 �'e�rtJz Division: and t =� I S PROVID�D I'URTH�R, that [his ol�li`ation �hall be c�ntinuaus in nature and 1 G successive recaveri�,s may be haci l��reon for successive breacl�es. t7 CTTY OF FORT C7dORTi i Villugc Creek WRF S'ecanciary Clari€icrs 1-4 ��Teir Fteplacement ' STA\'DARD CONSTRL3CT70�t SPECTFiC<'�TFON DOCUhiE\rI'S City Project ��o. 01139 Revised luly 1. �O] 1 QOG1 ]9-3 �fA(\ t��:\\CE BO\'D Pace 3 of 3 � L 1 II`d WITNESS W'HEREOP, the Principal anii the Surety have each SIGNED and S�ALLD this 2 instrumcnt by duIy authorized a�cnts and officers on this thc day of 3 � 6 7 � 9 10 I1 12 13 I� I� 16 I� I8 19 20 21 ,� ?3 �� ?� 26 �� �8 29 30 31 32 33 34 3� 36 37 34 39 4U �p PRINCIPr1L: Archer Westem Contractors, LLC , l` / — � ^ � �i B�._ � -���r� Signatur� A ST: Pri cipal j Sccrcta�y Sean C_ Wa1sh % W itness as [o Principal Colleen Becker "tV ote Matthew Walsh, President l�ame and Titic :�ddress: �121 Avenue J, Suite 103 Arlington, TX 76006 SUI2f:T�': Travelers Casualry and Surety Company B�': _�/%� Si�natu Kerry Pecora, Attorney-in-Fact Name. and Title rlddress: One Tower Square Hartford, CT 06183 Telephone Number: 630-961-7037 lt si�ned by an otticer �t the 5urety t;ompany, therc must be on tile a certiiied cxiract fi-om the by-laws 5�104Ving thai this person has authority to siun suct� obligation. If Stu-ety's physical address is diffcrcnt fi-oin its mailing address, bodl must be provided. Th� date c�f the bo�1d shail not be prior ro tlie date thc Contract is awarded_ CfTY OF FOR7' �1'ORTI-{ Villagc Crcck �\'RF Sccondary Clarificrs 1-9 ���eir Rcplaccmcnt STA.\DARD CO\S7"RUCI'IO` SPFCiFiCAT10N DOC[1D,1L-NTS City Projccc \u. O I339 Reviscd Julv I. 20] I --___ _ _ _ _ - - ----- •, WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER �_ �'� POWER OF ATTORNEY TRAVELERS- Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company TY-avelers Casualty and Surety Comgany Fidelity and Guaranty Insurance Underwriters, Inc. TY-avelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney-In Fact No. 224347 Certificate No. U C�,� �.� �...' �� KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company aze corporations duly organized under the laws of the State of Minnesota, that Fannington Casualry Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America aze corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guazanty Company is a corporauon duly or�anized under the laws of the State of Maryland, that Fidelity and Guazanty Insurance Company is a corporadon duly or�anized under the laws of the State of Iowa, and that Fidelity and Guazanty Insurance Underwriters, Inc., is a corporation duly or�anized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Kathleen C. O'Rourke, Brian R. Walsh, J. William Ernstrom, Jodi Wallace, and Kerry Pecora of the City of ChICa� , State of III1nOiS , their true and lawful Attorney(s)-in-Fact. each in their separate capacity if more than one is named above, to sian, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakin�s and other writin�s obligatory in the nature thereof on behalf of the Companies in their business of �uaranteeing the fideliry of persons, �uaranteein� the performance of contracts and executina or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS ShT�REOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this Dece:nb::e 2011 day of , 9th Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company 'h-avelers Casualty and Surety Company TY-avelers Casualty and Surety Company of America United States Fidelity and Guaranty Company o.oennnuwa� n�"'-'�. ,w--... �„w.v. N N � •' �NSUµ"' N � �jTY.�i AS(/ FtRE Wy� I 1Y q G •I(�, �oa°aor J +s�,, e��, .... SG9 �`JPl qyy.,. 9 r� os` �/lxa'^At7y ��p p� O��Il � p+ O G �\, ' P? �T:� FFOR �•f . 4: ��_ C" mt � � �.t0 �>"S 3W�� �P �f � � I �' g � o� INCQRPOftqTEp� a m� �: P;m� .��RPORATf•:.t^� u -� �. �tEn � � i 9 s z o � 1977 A'-�.- ' ' E: . �: = HARTFORD� HARTFOFCI. � Z � ; T � i95 �� ��i.s� ''�5 `�: 'o_ W CONN. o ��CONM. fY N � 4 `���a � 1 ''�„2 � �a_., A'L.,t,o 'od:.SEAL:vi > r° +'�('' � 6 y� tie� �! �� ��� in�FANCEC � S.�AH�.a.' �S+^.....*�a et FH�a �1`i ,��� 1� AtN� State of Connecticut Ciry of Hartford ss. By: Geor� Thompson, enior ice President � On this the 9th day of December , 2011 , before me personally appeared Geor�e W. Thompson, who acknowled�ed himself to be the Senior Vice President of Fazmin�ton Casualty Company, Fidelity and Guaranry Insurance Company, Fidelity and Guazanty Insurance Underwriters, � � Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guazdian Insurance Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety � Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guazanry Company, and that he, as such; bein� authorized so to do, � executed the fore�oin� instrument for the purposes therein contained by si�ning on behalf of the corporations by himself as a duly authorized officer. �,' �I� G.TET In Witness Whereof, I hereunto set my hand and official seal. ��i� � W w" l� •`.J My Commission expues the 30th day of June, 2016. � p�L�G * Marie C. Tecreaulc. No�ary Public '�ECt'�'� 58440-6-11 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER •�� �. INSURED Archer Western Contractors, LLC 2121 AVenUe J Suite 103 arl i ngton 'rX 76006 u5.4 attachment City of Fort worth water �epartment (owner), its officers, employees and servants Camp Dresser and MCKee, Inc. are an ,additional Insured pertaining to.General �iability, Automobile �iability and Excess �iability with respects to liab�lity an sing out of the Named Insured's operat�ons on the referenced project. Professional services for architects, Engineers, Consultants, etc. are excluded. A waiver of Subrogation in favor of City of Fort worth water Department <owner), its officers, employees and servants; and Camp Dresser and MCKee, Inc., is included on the workers Compensation policy. This insurance will be Primary and Non-Contributory to the General �iability, automobile Liability and Excess Liability policies with respect to any other available insurance to the Additional insureds for the negligence of the insured on the referenced project. The General �iability policy includes the perils of (xCu) Explosion, collapse and underground. Certificate No : 570045061136 POLICY �I�MBER: 4t PKG2394805 COMMERCiA� GENERA� LIABi�ITIf CG 2Q 1{3 0? U4 TH1S EN[}ORSEMENT CHANGES THE POL�CY. PLEASE READ lT CAREFULLY. ADDITI4NAL 1lNSU��D - OWNERS, �ESSEE� OR CONTRACT�RS - SCHEDULED PERSOi� �R ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL L1A81�1�"Y COVERAGE PART SCH�DU�E Name Of Additianal Insurad Persan(s) � Or Qr ani�atEon s: Location s Of Covered O era#ions Any person or organization, you have agreed by means of : a written co�tract or agreement, to add as an addi#ionaf • insured; such person or organizatioR is an addtional in- � sured on this policy. . When required by a written contract or agreement, cover- � age afforded to these atlditional inst�red pa�ties will be primary to and no�t-contributory with any other insurance available to that person or Qrganizat�on. Inforrr�ation re utred io com lete this Schedule, if not shown above, will be siiown in the Declarations. A. Section �I — Who Is An Insure� is acner�ded to indude as an additional insured�the person(s) or organization{s) shown in the Schedule, but oniy with respect to liability tor "bodily inju�', "property damage" ar "personal and ativertising injury" caused, in whole or in part, by: �. Your acts or omissions; or 2. The acts or omissions o# those acting on your behalf; in the perFormance oi yo�r ongoing operations for the additional insurec{(sj at the location(s} desig- nated above_ B. Wiih respect to the insurance afforded to these addit�onal insureds, the followina additional exclu- sions apply: This insurance does not appty t� "bodily injury" or "property dama�e" occurring after: 7. All work, inctuding mater9als, parts or equip- rnent iurnished in connection with such work, on the project (oiher than service, mainten- ance or repairs� to be perfar� rzed by or on be- ha(f of fhe additionai insured�s) at the locatian of the covered aperations has �een completed; or 2. That portion of "yaur work" out of wf�ich the injury or darr�age arises has �een put to i�s in- tanded use by any person or organizaiior� other than another contractor or �ubcontractor en- gaged in perfarrning opera�ons for a principal as a part of the same project_. CG 2fl 10 07 Et4 fl(SO Properties, lnc., 2004 Page 1 of 1 � PC}LECY f�UMBER: 41 PKG23948(}S COMMERGIAL GEM1IERAL LIABiL[TY CG 20 37 (}7 04 iHfS ENDORSENlE[�T CNANGES THE PQLICY. PL�ASE READ tT CAREFUL�Y. AQDiTiONAL INSt�RED - �Vi1NERS, LESSEES �I� CONTRACTORS -- COI'U�PLETED aP�RATIONS This endorsement rnodifies insurance pravided under the #oitowing: COMMERCIAL GENERA� LIABlUTY COVERAGE PART SCHEDk1LE Name Of Adcfitional Insured Person{s) Location And Description Of Compfetec€ Opera- Or Or anization s: tions Any person or organ€zation, yau have agreed by +neans of a written contract or agreement, to add as an additianal insured; such persar� or organi2atio�t is an additio�ral insured o� this pol�cy. When required by a writien contract ar agreemsnt, caverage afforded to these additional insured parties wfll be primary to and non-contributory with any other insurance available to that person or orgar�izatiah. Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations. Section 1[ — Who Is An lns�red is amended to include as aR additional insured the �erson(s) or orgarjization(s) si�own in the Schedule, but only with -- respect io liabifity �or "bodly injury" or "property damage" caused, in whole or in part, by "your work" at the Iocation designateci and described in the scheduEe of #his en�orssment per€ormed far ihat additional insured and included in the "products- comp3eted operations hazard"_ CG 20 37 U7 U4 OO ISO Properties, Enc., 20a4 Page 1 of t ❑ WQRKERS COMPEWSATIOt� AND FMPLdYERS LIABlLITY INSURANCE POLICY WC UO 03 i3 POLICY NUMBER: 41WCI2282204 INAIVER OF OUR �tiGHTTO REG{7VER FRONI QTHERS ENDORSEME�VT We F�ave the righE to recover our payments from anyone liable #or an injury covered by th�s poficy. We wi31 not errforce our r�ght against tt� person or organization named in the Schecfule. (This agreement applies oniy io the extent that you pe�form work under a written contract that requires you to obtain this agreement from us.) TF�is agreement shall no� operate direc�ty vr indirectly to benefit anyone not named in the Schedule. SCtimilLE ANY PERSON 03.2 ORGANIZATION WFiERE WAIVER OF QIIR RIGHT TO RECpVER iS R�''-ni3iRED 8Y WRI��E'N CONTRACT WITH Si3CH PER80N flR 4RGAI�IZATIOi3 Tfiis endorser�ent changes the policy to which it is attache�d and is ef€ective on tl�e date issued unless otherwise sEated. (The inforrnafion 6elow is requirecf only when this endorsement is issued subsequent fo preparatian of the pal'�cy-J -- Endorsement Effective 06/�1/2011 Policy f�o. 41 WC12394705 Endorsement No. Ensured �HE WALSH GRflII3�, �TD. Premium $ I�TCL. Ins�rance Campany ARCH INSUR2�NCE CON�ANY Countersigned By �.�•.����r� :% 1963Nationaf Gounci? on Compens2fion Insuranc2. THIS ENDORSEMENT CHANGES THE PO�ICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION — CERTIFICATE HOLDERS (SPECIFIED DAYS) The person(s) or organization(s) listed or described in the Schedule below have requested that they receive written notice of canceilation when this policy is cancelled by us. We will mail or deliver to the Person(s) or Organization(s) listed or described in the Schedule a copy of the written notice of cancellation that we sent to you. If possible, such copies of the notice will be mailed at least 60 days, except for cancellation for non-payment of premium which will be mailed 10 days, prior to the effective date of the cancellation, to the address or addresses of certificate holders as provided by your broker or agent. Schedule Person(s) or Organization(s) including mailing address: All certificate holders where written notice of the cancellation of this policy is required by written contract, permit or agreement with the Named Insured and whose names and addresses will be provided by the broker or agent listed in the Declarations Page of this policy for the purposes of complying with such request. This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such notification to the person(s) or organization(s) shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule above to any benefit, rights or protection under this policy. Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule. All other terms and conditions of this policy remain unchanged. Endorsement Number: Policy Number: 41 PKG2394805 Named Insured: THE WALSH GROUP, LTD. This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 00 ML0087 00 11 10 Page 1 of 1 i"HiS ENDORSEMENT �E-lANGES THE POLICY. PLEASE READ iT GAF�EFULLY. NOTICE QF �A�CELLATtOtd — GERTIF{CA�E HOLDERS - � {SPECIFEED DQYS} The person{s) or orga�ization(sI listsd or described in the Schedule below have requested �hat they receive written notice of ca��ellation when this policy is cancelled E�y us. We wi(I mai� or deEiver to the Person(s) or Organization(s) listed or described in tiie Schedule a copy of t�se written notEce of cancefiat€on that we sent to you. [f possible, suc�t copies of the nofice will be mailed at �east fi0 days, except fof canceliat�on ior non-payment of premium which will be rnailed 1Q days, prior tfl ihe effective date of the canceElation, to the acidress or addresses of certificate holders as provided �y your broker or agent. Schedule Person(s) or Organiza#ion(s) includng rrtailing address: All certificats hoicfers where written notice of the canceltation of this policy is required by written coniracf, perrnit or agreement with the t�amed Ensured and whQse names and addresses will be providecf by the b�oker ar:agent listed in the Declarations Page of this poficy for ihe purposes of complying with such request_ This no�ificatiQn of cancellation bf ihe policy is intended as a courtesy only. flur failure io provide such notification to the person(sj or arganizatian{s) s�own in the Schedule wilE not exter�d any po[icy cance[lation date nor impact or negate any cancelfation of the poticy. This endorsement does not entitle the person(s) or organization(s) listed or described in tE�e Schedule above to any benefit, rights or protection under this policy. � Any prov�sion of this endorsemer.t #hat is in cor�flict with a siatute or rule is hereby amended to conform fa that statute or rule. ' Ali ot�er terms and condiiior�s of ihis policy remain unchanged. Endorsement Numt�er: 0�3 PoGcy Number: 41 WCi2394705 N�med Insured: TNE WALSH GROUP, LiD_ --- This endorsement is effecfive on the inceptian date of ihis Policy unless otherwise stated herein: Endorsement Effective Date: 00 ML0087 DO 'f T iD Page 1 of 1 Endorsement Na: 20 'I'his Endorsement, effective_ June 1, 2011 {at 12:01 A.M. prevailing time at �e address stated in Item 1. (b) of the Declarations} forms a part of Policy No.: o3o5s149 Issued to: The Walsh Grovg i,td By: Allied World Nalional Assurance Company SCHEDULE OF ADDTI'IONAL CANC�LLA'TION NOTICE __ Shouid it become necessary to provide additianat notice of cancellation, it is the responsibility Qf the brvker listed on the Item 9(a) and (b) af the Declarations Page to provide a complete list of lis# of ce�caie holders ai time of canceIiation which must include the company name, mailing address anci individual contact where the cancellation notice is to be sent Atf other terms and conditions of ttiis policy rentain unchanged_ A(lied Wortd Haiional Assurance Company gy� �CJ'�`"� :����'"�` Todd Gemxino Title: President, U.S. Pro�erty and Casuatty �'age 1 of 9 Page 1 0€1 --- Endorsement No : ]9 'i'his Endorsement, ef%ctive: June 1, 2011 (at 12:a1 A.M. prevailing time at the address stated in Item 1. (b) of the Declarazions} forn3s a gart of Poiicy No.: 03056149 Tssued to:17x Watsh Group Ltd 8y: Alfied World l�tational Assurance Company iLLIN�IS AMENDA'I'ORY ENUORSEMENT A_ It is agreed that Paragraph B. Cancallation of SBCTION V— COND[TTONS is deletec� in its entirety and replaced �y ti�e following: - B. Cancel(ation 1. The first Named Iasured desigaated in item i. (a) of the Dec[arations may cancel - this poiicy by maiiing or delivering to the cotnpaay, at the address stated in Item 8. (b} of the Declarations, advance written notice stating when such canceilaEion is to take effect. 2. The company rnay cancel this paiicy by c�sailing to �he frst Named Insared (by registered, certi�ed, or other first ciass mailj, the agent of record and any inortgagee or lien holder at the last addresses known by the company written aouce stating the reason for cancellation, not less than thirty (30) days [or ten (10) days in the event any premiurr� is not paid when duej, in advance oithe canceiiation date_ A LF.S. Post Office proof of mailing of svch notice to ti�e first Narned Inse�red at the address stated in Item 1. (b} af the DecZarations witl be sa�cient proof af notice. This groaf of notice will be maintained by the company. The compan� shail a(so maii wriiten notice of such cancellatsat not tess than tttirly (3U) days [or ten (10) days in the event any premium is not paid wt�en due] in advance of t�e cax�cellation date to ihe person(s) or organization(s) listed 'm any Scl�ednte of Additional Cancellatiort Notice attached to this }�olicy_ 3. If this poiicy has beea in effe�t for sixty-one (61} days or more, the compsay �ay cancel this policy by mailing to the frst Named Insured (by registered, certified, or other first class maii), the agent o#'record and any mortgagee or lien holder at the last known maiGng addresses known to the compa�y wrilten natice stating the reason for cancellation, not 3ess tfian sixty (60} days �or ten {14) days in the event any premium is noY paid when due], in advance of the canceilation date. However, the company may only cancel this policy for the following reasons: a) I�Ionpay�uettt of premium; b� The poticy was obtained through a material misrepresentation; c) Any insured has vioiated any of the tarms antl conditions of the palicy; d} The risk originaliy accepted E�as ineasurably increased; e) Ttse company certifes to the D'uector of insurance of the lass af reinsurance for all or a substantial part of the underiying risk; 4r f) T�te Director of Insurance determines tE�at the continuazion of the poiicy could ptace the insurer in violation of I�tinois Ihsurance Laws. Endorsernent 1�'a: 19 This Endorsement, effective: June 1, 2011 (at 12:01 A_M_ prevailing time at the address stated in ltem i. (6} of ihe DeclaraEions) farms a ga�t of Policy No.: 03056949 tssued to: The WaIsh Group Ltd $y: A�lied World Idational Assvrznce Company A iJ. S_ Post Office proaf of maiIing of such notice to t�e first I�iamed Inst�red at the address stated sn ttem 1_ {t�} of the Declaratioris will be sufficient proaf af notice. This groof of notice wilI be maintained by #he company. 4. The Poiicy Period of this policy wilt end an the daEe and ha� specified in the cancellatian notice. 5. if the insured cancels this palicy, the coanpany wi(1 be due the greater of eitfier_ a) The sum of- i. �e earned aEnount of the Mi�imum And Advance Premium stated in Item 7. (a} of the Declarations; plus ii. I O% of ihe uneamed amount of �he Minimusn And Ac�vance Premi�m stateci in Item 7. {a) ofthe Declarations; or b} The Miuimum Earned i'remium, if any, stated in Item 7_ {b) of the Declaratians. Aiter deduction of f�e amo�nt due the cajopany as determined above, the remaining amovnt of any unearned premium previously paid to the campany wili be retumed to the first Named insured. b. If this golicy is cancelled by the company, then the com}�any sha.li retvrn the pro raia portion of any uneamed premium, previously gaid fo #he company, Eo tr�e fitst Named Insnred. 7. Payment or tender af any uneamed premium by the company wit� not be a condifion precedent to the et%ctiveness of cancellation, but the company shait make such payment as soon as practicable. 'The company's chec[c or its representative's check, mailed or delivered to the first Named Insured, will be sufficient tender of any refimd due any insured. 8. Any of these provisions that coriflict with a law that controls the cancella#ion oi this policy is changed by this �ara�-aph to compIy with thai law_ B_ It is agreed that the folFowing are added to SECTION V— CONDTTIDNS Nonrenewal The company may non renew this policy, by maiiing to the ftrst Named Ins�red {by registered, ceriified, or other first ctass mail), the agent of record anc! any mortgagee or Iien hoider at t3�e last know�s addresses knawn to the compauy, written notice of nonrenewaI, stating the ceason far nonreRewa€ ai least sixty (60) days before the end of the Po(icy Period. A IJ_ S. Post Offce �roof of �ailing of such notice wi1E be sufficient proof of natice_ This proof of notice wilE be maintained by tiie company_ Banktugtcy T�e bankrugtcy or insolvency af the Na�►ed Insured wiIl not relieve the company from liability under this poiicy_ 2 Endorsement No_. 14 This £ndarsement, effecfive: June 1, 2011 (at i2_dl A.M_ prevaiFiag ti�e at tha address stated in ltem I. {b) of the Declarations) forms a part of Policy t�fa: 03056149 --- Issued ta: 'Fhe Walsh Croup Ltd By: Al3ied World Natianaf Assurance Company AI1 other terms artd c�nditions of this policy remain unct3anged. Aliiec€ World Flatior►at Assurance Company _ By: ` {�7��11 �F���! _ • Todd Germano Title. President, U.S. Property and Casualty 0 3 e Black, Doug From: McKenzie, Nancy Sent: Wednesday, April 18, 2012 9:27 AM To: Rafalko, Madelene Cc: Biack, Doug Subject: FW: Archer Western Attachments: City of Fort Worth - Revision3.pdf I am sorry for the delay, but I finally had an opportunity to review the financials for Archer Western. I am in agreement with accepting the $375,000 self insured retention, as noted on the attached certificate of insurance. Please let me know if you need anything else. Thank you. Nancy McKenzie, AIC, ARM-P Claim Supervisor Senior Risk Management Analyst (817)392-7744 (817)392-5874 FAX nancv.m ckenzie @ fortworthtexas.qov This E-mail, inciuding attachments, may include confidential information, and may be used only by the person or entity to which it is addressed. If the reader of this E-maii is not the intended recipient or his or her authorized agent, the reader is hereby notified ihat any dissemination, distribution or copying of this E-mail is prohibited. If you have received this E-mail in error, please notify the sender by replying to this message and delete this E-maii immediately. From: Rafaiko, Madelene Sent: Tuesday, Apri) 10, 2012 8:32 AM To: McKenzie, Nancy Subject: FW: Archer Western Nancy, the SIR is listed on the revised ACCORD form as indicated below and in the attachment. Madelene Rafalko, P.E. City of Fort Worth Water Department 1000 Throckmorton Street Fort Worth, Texas 76102 Madelene.RafalkoCa�fortworthtexas.gov 817-392-8215 How am I doing? Please contact my supervisor: David.Townsend@fortworthtexas.gov From: Stafford, Clinton jmailto:cstafford@walshgroup.coml Sent: Monday, April 09, 2012 4:46 PM To: Rafalko, Madelene Cc: Tepera, Mark Subject: FW: Archer Western Madelene, Please see below. The SIR amaunt is on the attached farm, 1St page. Please !et me know if this is not sufficient. Thanks, Clint From: Keckler, Terri Sent: Monday, April 09, 2012 4:42 PM To: Stafford, Clinton Subject: RE: Archer Western Hi Clint, The SIR is indicated on the Accord Form under the General Liability Section (lst Page of the attached document). Is this not sufficient for them? Terri Keckler Office Manager rcfter esterrt E'qual �pportunity �m�l�yer 21?I Aven�ue J, Suire I�3 r�Ir-li��gton, L� 7nU06 P{iotze: (SI7) 695-�2I' STANDARD GENER.AL CONDITIONS OF T�IE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1— Definitions and Terminology ..........................................................................................................1 1.01 DefinedTerms .........................................................•--.......................-••........................................1 1.02 Temiinology ......................................••••••--•....•-•.................................-----.....................................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 ..................•-•...........-•-........---................................••-...........................-••-•.........7 2.04 Before Starting Construction .........................................•-.............................................................7 2.05 Preconstruction Conference .......................................................................••-...............................8 2.06 Public Meeting...........-• ........................•---.......-•-.......----...........................................-•---.....----.......8 2.07 Initial Acceptance of Schedules .......................................••............•--•......-•---...............................8 Article 3— Contract Documents: Intent, Amending, Reuse ............................................................................8 3.01 Intent ..............•---..........................................--•......---.....--•.......••-.....•--......--•--................................8 3.02 Reference Standards ........-• ...........................................................................................................9 3.03 Reporting and Resolving Discrepancies ....--• ...........................................................................•...9 3.04 Amending and Supplementing Contract Documents ............................................................... 10 3.05 Reuse of Documents.....--• .......................................................................................................... 10 3.06 Electronic Data ..•• ..................................•---...---.............................................•--......-•-................. 10 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 ......................................................................................... 11 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 .......................•-•.....---.....---...........................-••......--•-•-•-.............................. 15 5.01 Licensed Sureties and Insurers .........................•-.....................................•--............................... 15 5.02 Performance, Payment, and Maintenance Bonds -•--• ................................................................ 15 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 6.02 Labor; Working Hours ...........................•-................--•.............................................................. l9 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 6.03 6.04 6.05 6.06 6.07 6.08 6.09 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 Services, Materials, and Equipment .......................................................................................... 20 ProjectSchedule ........................................................................................................................ 20 Substitutes and "Or-Equals" ...................................................................................................... 21 Conceming Subcontractors, Suppliers, and Others .................................................................. 23 WageRates ................................................................................................................................ 25 Patent Fees and Royalties .......................................................................................................... 26 Permitsand Utilities .................................................................................................................. 26 Lawsand Regulations ............................................................................................................... 27 Taxes.......................................................................................................................................... 27 Use of Site and Other Areas ...................................................................................................... 28 RecordDocuments ..................................................•-•-••-•••--...................................................... 29 Safetyand Protection ................................................................................................................. 29 SafetyRepresentative ...........................................•-•-•-••-•........................................................... 30 Hazard Communication Programs ............................................................................................ 30 Emergencies and/or Rectification .........-•• .................................................................•-••-=•-•-...... 30 Submittals......................................................................................................................••••--...... 31 Continuingthe Work ....................................•••--•--••-•....-•---........................................................ 32 Contractor's General Warranty and Guarantee......---• ................•-............................................. 32 Indemnification........................................................ • • - • -........................................................... 3 3 Delegation of Professional Design Services ............................................................................. 33 Rightto Audit .............••-••........................................--•-•-•---................................---..................... 34 Nondiscrimination......................................................••--•---....................................................... 34 Article 7- Other Work at the Site ...............................................••---............................................................. 35 7.01 Related Work at Site•-•.......--••-•--••--•-••-•••-••••--•-• ..........................•--•-........................................... 35 7.02 Coordination ....................................................................••-••---.................................•-•---••-........35 Article 8- City's Responsibilities .....................................................•--................................---...---••-••--•-•-•-•-• 36 8.01 Communications to Contractor ................................................................................................. 36 8.02 Furnish Data ...........................................................................•---...............................-•••-•---•---... 36 8.03 Pay When Due ..........................................................•••-•-.......................................----................ 36 8.04 Lands and Easements; Reports and Tests ............................................................. 8.05 Change Orders..--•-••-•--•-• ........................................................................................ 8.06 Inspections, Tests, and Approvals ...........................•--........................................... 8.07 Limitations on City's Responsibilities .................................................................. 8.08 Undisclosed Hazardous Environmenta.l Condition ............................................... 8.09 Compliance with Safety Program ......................................................................... .................. 36 .................. 36 .................. 36 .....-••••-•--•-•. 36 .................. 36 .....••-••--•---•- 37 Article 9- City's Observation Status During Construction .......................................................................... 37 9.01 City'sProjectRepresentative ..................................................................................•-•-••-••--.......37 9.02 Visits to Site ........................................................................•........................................----.......... 37 9.03 Authorized Variations in Work ................................................................................................. 37 9.04 Rejecting Defective Work .......................................••••••-........................................................... 37 9.05 Deterniinations for Work Performed ..............•-........................................................................ 38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work .................... 38 Article 10 - Changes in the Work; Claims; Extra Work ..............•••.............................................................. 38 10.01 Authorized Changes in the Work ................................•-•-•••....................................................... 38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 201 I 10.02 Unauthorized Changes in the Work .......................................................................................... 38 10.03 Execution of Change Orders ..................................................................................................... 38 10.04 Extra Work .................................................................................•-............................................. 39 10.05 Notification to Surety ................................................................................................................ 39 10.06 Contract Claims Process ............................................................................................................ 39 Article 11 - Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement .................... 40 11.0 l Cost of the Work ........................................................................................................................ 40 11.02 Allowances ................................................................................................................................ 43 11.03 Unit Price Work ......................................................................................................................... 43 11.04 Plans Quantity Measurement .................................................................................................... 45 Article 12 - Change of Contract Price; Change of Contract Time ............................................................... 45 12A 1 Change of Contract Price .......................................................................................................... 45 12.02 Change of Contract Time .......................................................................................................... 46 12.03 Delays ........................................................................................................................................ 4� Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ..................... 47 13.01 Notice of Defects ..................................................................................•-•.................................. 47 _ 13A2 Access to Work .........................•-•....................--•............••-....•----•-••.....-•••-................................. 47 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 ..................•-•--•....................................................... 49 13.07 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 ................................................................................... 51 14.01 Schedule of Values ........................................•-•........................--•••-••......--•..........................-••--. 51 14.02 Progress Payments ......................................................:.....................••-...................................... 52 14.03 Contractor's Warranty of Title .................................................................................................. 54 14.04 Partial Utilization .................................•--.........................................•-•••-.................................... 54 14.05 Final Inspection .............................................••--....................................--•-•............................... 55 14.06 Final Acceptance ................................................................................•-••-.................................. 55 14.07 Final Payment ...................................•---......••-••-•........................................................................ 55 14.08 Final Completion Delayed and Partial Retainage Release ....................................................... 56 14.09 Waiver of Claims ....................................................................................................................... 56 Article 15 - Suspension of Work and Termination... __ 15.01 City May Suspend Work ....................... 15.02 City May Terminate for Cause .............. 15.03 City May Terminate For Convenience.. ........................................••-•..................................... 56 ................................................................................. 56 ................................................................................. 57 ...........................................•--•.................................. 59 Article16 - Dispute Resolution ..................................................................................................................... 61 16.01 Methods and Procedures ........................................................................................................... 61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 201 I Article 17 — Miscellaneous ..................................... 17.01 Giving Notice ..................................... 17.02 Computation of Times ........................ 1 �.03 Cumulative Remedies ......................... 17.04 Survival of Obligations ....................... 17.05 Headings ............................................. .................................................................................... 61 .................................................................................... 61 .................................................................................... 62 .................................................................................... 62 .................................................................................... 62 .................................................................................... 62 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 oo�zoo-� GENERAL CONDITIONS Page I of 62 ARTICLE 1— DEFINITIONS AND TER:MINOLOGY 1.01 Defzned Ternzs A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which aze applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written insm�ment which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that conta.ins more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United Sta.tes Occupational Safety and Health Adminishation. 5. Award — Authorization by the City Council for the City to enter into an Agreement. 6. Bi�The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be perFormed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents=The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of accepta.ble form, if any, and the Bid Form with any supplements. 10. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. 12. Change Order—A document, which is prepazed and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 oo�zoo-z GENERAL CONDITIONS Page 2 of 62 adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 13. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Sta.tutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 14. City Attorney — The officially appointed City Attomey of the City of Fort Worth, Texas, or his duly authorized representa.tive. 15. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 16. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 17. 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. 18. 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. 19. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Subnuttals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions aze not Contract Documents. 20. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as sta.ted in the Agreement (subject to the provisions of Pazagraph 11.03 in the case of Unit Price Work). 21. Contract Time The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance. 22. Contractor—The individual or entity with whom City has entered into the Agreement. 23. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. 24. Damage Claims — A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 25. Day or day — A day, unless otherwise defined, shall mean a Calendar Day. CZTY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-3 GENERAL CONDITIONS Page 3 of 62 26. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 27. 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. _ 28. 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. 29. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director- of Water Department — The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. 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. 32. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes -- effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 33. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas perfoiming professional services for the City. 34. 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. 35. 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. 36. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. - 37. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 38. General Requirements—Sections of Division 1 of the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-4 GENERAL CONDITIONS Page 4 of 62 39. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 40. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to tune. 41. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all govemmental bodies, agencies, authorities, and courts having jurisdiction. 42. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 43. 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. 44. Mileston�A principal event specified in the Contract Documents relati.ng to an intermediate Contract Time prior to Final Acceptance of the Work. 45. Notice of Awarat—The written notice by City to the Successful Bidder sta.ting that upon timely compliance by the Successfui Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 46. Notice to Proceea�A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 47. PCBs Polychlorinated biphenyls. 48. Petf-oleum 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, gasoli.ne, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 49. Plans — See definition of Drawings. 50. 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. 51. Project—The Work to be performed under the Contract Documents. 52. Project Representative—The authorized representative of the City who will be assigned to the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 oo�zoo-s GENERAL CONDITIONS Page 5 of 62 53. 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. 54. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 55. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Frida.y (excluding legal holidays). 56. 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. 57. Schedule of Submittals A schedule, prepazed and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 58. Schedule of Values A schedule, prepazed and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 59. 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 aze designated for the use of Contractor. 60. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 61. Subcontractor—An individuai 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. 62. Submittals All drawings, diagrams, illustrations, schedules, and other data or information which aze specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 63. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 64. Superintendent — The representa.tive of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 65. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00�200-6 GENERAL CONDITIONS Page 6 of 62 66. 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. 67. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or tr�c or other control systems. 68. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 69. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturda.y, Sunday or legal holida.y, as approved in advance by the City. 70. 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, instaliing, and incorporating a11 materials and equipment into such construction, all as required by the Contract Documents. 71. Working Day — A working day is defined as a da.y, not including Saturda.ys, 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 TeYminology A. The words and terms discussed in Pazagraph 1.02.B through E aze not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 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," "suitabie," "accepta.ble," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or deterniination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination wiil 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: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00�200-� GENERAL CONDITIONS Page 7 of 62 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: l. The word "Furnish" or the word "Insta.11" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean fumishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the contextused. E. Unless sta.ted otherwise in the Contract Documents, words or phrases that have a well-l�own technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Copies of Documents City shall fumish to Contractor one (1) originai executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time; Notice to Proceed The Contract Time will commence to run on the da.y 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. 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 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to staring the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 oo�zoo-s GENERAL CONDITIONS Page 8 of 62 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shali attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Before any Work at the Site is started, Contractor shall attend the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shali be made to Contractor untii acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3— CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents aze complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereo fl to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor 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 section. The Contractor shall not take advantage of any vaziation 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 eisewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCtTMENTS Revised: September 8, 2011 007200-9 GENERAL CONDITIONS Page 9 of 62 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 instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of 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 in an emergency as required by Paragraph 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS " Revised: September 8, 2011 00 �2 00 - io GENERAL CONDITIONS Page 10 of 62 discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City's review of a Submitta.l (subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse ofDocuments A. Contractor and any Subcontractor or Supplier shali not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereo fl prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or ada.pta.tion by Engineer. 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 Coniractor to City or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data., graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or iuformation obtained or derived from such electronic files will be at the user's sole CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00�2oo-ii GENERAL CONDITIONS Page I 1 of 62 risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4— AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability 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 manner and pay for easements for permanent structures or permanent changes in existing facilities. l. The City has obta.ined or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements aze 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. 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). CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 �z oo - iz GENERAL CONDITIONS Page 12 of 62 B. Limited Reliance by Contractor on Technical Data Authorized.• Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings aze 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: 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 conciusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor sha11, promptly after becoming aware thereof and before fiu�ther 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 7'ime Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: l. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00-13 GENERAL CONDITIONS Page 13 of 62 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 ali such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated.- 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming awaze thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Pazagraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and detemune the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existi.ng utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00-14 GENERAL CONDITIONS Page 14 of 62 4.05 Reference Points A. City shall provide engineering surveys to esta.blish reference points for construction, which in City's judgment aze necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of maxking to estabiish line and grades for roadway and utility construction, centerlines and benchmazks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings laiown to City relating to Hazardous Environmenta.l Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized.- Contractor may rely upon the accuracy of the "technical data" conta.ined 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: l. the completeness of such reports and drawings for Contractor's purposes, includi.ng, but not lunited 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 da.ta., interpreta.tions, opinions and information conta.ined in such reports or shown or indicated in such drawi.ngs; or 3. any Contractor interpretation of or conclusion drawn from any "technical da.ta" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmentai 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 withi.n the scope of the Work. Contractor shall be responsible for a Hazardous Environmenta.l Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 201 I oo�aoo-is GENERAL CONDITIONS Page I S of 62 D. If Contractor encounters a Hazardous Environmenta.l Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any azea affected thereby (except in an emergency as required by Pazagraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to reta.in 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 reswnption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemn� and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Cont�-actor or 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 consequences of that individual s or entity s own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5— BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00-16 GENERAL CONDITIONS Page 16 of 62 security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equai to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Deparlment of the Treasury. Ali bonds signed by an agent or attomey-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the Sta.te of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurauce requested by City or any other additional insured) which Contractor is required to purchase and maintain. l. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on all liability policies. 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the Staxe of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shali 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 oo�aoo-i� GENERAL CONDITIONS Page 17 of 62 Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obiigation to mainta.in such lines of insurance coverage. 7. If insurance policies aze not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the pnmary coverage. Unless otherwise stated, all required insurance sha11 be written on the "occurrence basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any seif-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 1 l. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to 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 clairns 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ` Revised: September 8, 2011 00�2oo-is GENERAL CONDITIONS Page 18 of 62 conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are esta.blished by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with sta.tutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum lunits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) yeazs 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00-19 GENERAL CONDITIONS Page 19 of 62 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 shali comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Coritractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure - prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. 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 5uperintendent will be Coniractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipiine and order at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 �z oo - zo GENERA� CONDITIONS Page 20 of 62 B. Except as otherwise required for the safety or protection of persons or the Work or properiy at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: l. for beyond Regulaz Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicabie Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule esta.blished in accorda.nce with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. l. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, Z0] 1 oo�zoo-zi GENERAL CONDITIONS Page 21 of 62 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification O1 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 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 qua.lity required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or-Equal " Items: If in City's sole discretion an item of material or equipment proposed by -- Contractor is functionaily equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or-equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be - accomplished without compliance with some or all of the requirements for approvai of proposed substitute items. For the purposes of this Paragraph 6.OS.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if a. the City detemiines that: 1) it is at least equai in materials of construcrion, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.OS.A.1, it may be submitted as a proposed substitute item. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 �z oo - aa GENERAL CONDITIONS Page 22 of 62 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: 1) shall certify that the proposed substitute item will: a) perform adequately the functions 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; 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) wiil 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 23 GENERAL CONDITIONS Page 23 of 62 B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.OS.A.2. C. City s Evaluation: City will be allowed a reasonable rime within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.OS.A and 6.OS.B. City may require Contractor to futnish additional da.ta about the proposed substitute. City will be the sole judge of acceptability. No "or-equal" or substitute will be ordered, insta.11ed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an"or-equal." City will advise Contractor in writing of its determination. D. Special C'ruarantee: City may require Contractor to fiunish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemn� and hold harmless City and anyone directly or indirectly employed by them fi-om and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City s Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Pazagraphs 6.OS.A.2 and 6.OS.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the chazges 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. G. City Substitute Reimbursement: Costs (savings or chaxges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concef-izing Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shali 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 fumish or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00-24 GENERAI CONDITIONS Page 24 of 62 perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Minority and Women Owned Business Enterprise Compliance: It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City's MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresenta.tion of any nature wiil be grounds for termination of the Contract in accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or fiunishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: l. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. 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 fiunishing any of the Work shall communicate with City through Contractor. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, Z011 00 72 00 - 25 GENERAL CONDITIONS Page 25 of 62 H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. 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 2258A23. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final deternunation of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Articie 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragra.ph C above. If the persons required to arbitrate under this section do not agree on an azbitrator before the 1 lth day after the date that arbitration is required, a district court shall appoint an azbitrator 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 26 GENERAL CONDITIONS Page 26 of 62 open at all reasonable hours for inspection by the City. The provisions of Pazagraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcont�-actor Compliance. The Contractor shall inciude 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 lrnowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royaity to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemn� and hold harmless Cit}; fj-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 and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting fi-om the incorporation in the Work of any invention, design, process, product, or device not spec�ed in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction pernuts and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obta.ining such permits and licenses. Contractor sball pay all govemmenta.l charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there aze no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses_ City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 oonoo-z� GENERAL CONDITIONS Page 27 of 62 responsibility to cany 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 cleaxances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Depa.rtment of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmenta.l 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 pernuts and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations _ applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to lalow that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and chazges of engineers, architects, attomeys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Pazagraph 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 T� Code, Subchapter H, Sections 151301-335 (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 ta�c shall be subject to and shall comply with the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 28 GENERAL CONDITIONS Page 28 of 62 provision of Sta.te Comptroller's Ruling .Ol l, and any other applicable rulings perta.ining to the Texas Tax Code, Subchapter H. B. Texas T� permits and information may be obta.ined from: 1. Comptrolier of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. httt�://www.window.state.�.us/taxinfo/taxforms/93-forms.html 6.12 Use of Site and Other Areas A. Limitation on Use of Site and Other AYeas: Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or azea, or to the owner or occupant thereof, or of any adjacent land or azeas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Shouid any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 6.21, Contractor shall 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 disposal of such waste materials, rubbish, an�i other debris shali conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 29 GENERAL CONDITIONS Page 29 of 62 notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. D. Final Site Cleaning.• Prior to Finai 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 properry to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Subnuttals 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 properiy in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shali provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of constxuction. 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 properiy from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shali notify owners of adjacent properry and of Underground Facilities and other utility owners when CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 201 I 00 72 00 - 30 GENERA� CONDITIONS Page 30 of 62 prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representa.tives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or induectly employed 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 Safety Representative Contractor shail inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazard Communication Progf-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 Regulations. 6.17 Emergencies and/or Rect�cation 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 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a resuit thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00-31 GENERAL CONDITIONS Page 31 of 62 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 Paxagraph 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 conformance with the design concept shall Documents unless otherwise required by City. by Contractor and reviewed by City for be executed in confornuty with the Contract 4. When Submittals are submitted for the purpose, of showing the insta.liation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submitta.ls will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00-32 GENERAL CONDITIONS Page 32 of 62 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 Ol 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shail be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor's General Warranty and Guarantee A. Contractor wazrants and guara.ntees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and gua.rantee hereunder excludes defects or damage caused by: abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and teaz under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommenda.tion or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00-33 GENERAL CONDITIONS Page 33 of 62 6. any inspection, test, or approval by others; or 7. any correction of defective Work by City. _ D. The Contractar shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.B. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAU5ED, 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, ezpenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own ezpense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND SE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES SEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 6.22 Delegation ofProfessional 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 uniess such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on ail drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submitta.is related to the Work designed or certified CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 34 GENERAL CONDITIONS Page 34 of 62 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 Submitta.ls (except design calculations and design drawings) will be only for the purpose sta.ted in Pazagraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expirarion of three (3) yeazs after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shali give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00-35 GENERAL CONDIT�ONS Page 35 of 62 B. Title VI, Civil Rights Act of 1964 as amended.• Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7— OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's empioyees, 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 parry to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other Ciry contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuita.ble 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. 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00-36 GENERAL CONDITIONS Page 36 of 62 ARTICLE 8 — CITY'S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely fumish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements; Reports and Tests City's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface shuctures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. 8.0'7 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 applicabie to the performauce 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 37 GENERAL CONDITIONS Page 37 of 62 8.09 Compliance with Safety Progf-am While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9— CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City s Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representa.tive during construction are set forth in the Contract Documents. The Project Representative(s) will be as provided in the Supplementary Conditions. 9.02 Visits to Site A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make e�austive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. 9.03 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Doctunents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Representaxive believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that wiil prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, insta.11ed, or completed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00-38 GENERAL CONDITIONS Page 38 of 62 9.05 DeteYminations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be fmal (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements of Coniract Documents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City's written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10 — CHANGES IN TI�E WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not aequiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.1 �. 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 lO.OI.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; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 39 GENERAL CONDITIONS Page 39 of 62 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 acival reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to - Pazagraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the - change or Extra Work, whether said costs are known, unlrnown, foreseen or unforeseen at that time, including without limitaxion, 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 Not�cation to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice sta.ting the genera.l 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 40 GENERAL CONDITIONS Page 40 of 62 aliows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepazed 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 a$er receipt of the claimant's last submittal (unless Contract allows additional time). C. City s Action: City will review each Contra.ct Claim and, within 30 days after receipt of the last submitta.l of the Contractor, if any, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claun if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. 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 Pazagraph 10.06. ARTICLE 11— COST OF THE WORK; ALLOWANCES; iJNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs Included.• The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.O1.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 1 l.Ol.S, and shall include but not be limited to the following items: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00-41 GENERAL CONDITIONS Page 41 of 62 l. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without 1'unitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicabie thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, sha11 be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportaxion and storage thereof, and Suppliers' field services required in connection therewith. Rentals of all consiruction 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. 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be accepta.ble. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, azchitects, 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 transporta.tion, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand toois not CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 20] 1 00 72 00 - 42 GENERAL CONDITIONS Page 42 of 62 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 t�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 settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and mainta.in. B. Costs Excluded.• The term Cost of the Work shall not include any of the following items: l. 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 specificaliy covered by Paragraph 11.O1.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 43 GENERAL CONDITIONS Page 43 of 62 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 wrongiy supplied, and making good any damage to properiy. 5. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.O1.C. _ D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Pazagraphs 11.O1.A and 11.O1.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be accepta.ble to City. B. Pre-bid Allowances: 1. Contractor agrees that: a. the pre-bid allowances include the cost to Contractor of materials and equipment required by the ailowances to be delivered at the Site, and all applicable taxes; and - b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre-bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 �z oo - aa GENERAL CONDITIONS Page 44 of 62 the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete insta.11ation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidenta.l 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 l. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. l. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work wiil be paid for at the Contract unit price. 2. If the changes in quantities or alterations significantly change the character of work, the Coniract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25% from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 45 GENERAL CONDITIONS Page 45 of 62 6. When the quantity of work to be done under any Major Item of the Contract is less than 75°/a of the original quantity sta.ted in the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plans Quantity Measurement A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity muitiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. 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 conta.ined 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 shall include the cost CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 46 GENERAL CONDITIONS Page 46 of 62 of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.O1.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable f�ed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.O1.A.1, 11.O1.A.2. and 11.O1.A3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonc�s and insurance; b. for costs incurred under Paragraph 11.O1.A.4 and 11.O1.A.5, the Contractor's fee shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.O1.C.2.a and 12.O1.C.2.b is that the Subcontractor who actually performs the Work, at whatever 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 tota.l of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 1 l.Ol.A.6, and 11.O1.B; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equai to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 47 GENERAL CONDITIONS Page 47 of 62 B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the perFormance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and a11 court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor - or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work - City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 48 GENERAL CONDITIONS Page 48 of 62 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereo� to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obta.ining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for atranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations accepta.ble to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a"fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shali be deemed a negative result and require a retest. 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contxactor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense. G. Contractor shail have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 49 GENERAL CONDITIONS Page 49 of 62 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, fiunishing all necessary labor, material, and equipment. l. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. - 2. If the uncovered Work is not found to be defective, Contractor sha11 be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skiiled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until __ the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Cor�-ection 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, insta.11ed, 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, azchitects, attomeys, 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 50 GENERAL CONDITIONS Page 50 of 62 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 guazantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or pernutted 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 azeas 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, azchitects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particulaz item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and da.mage 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 conection period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim, pursuant to Paragraph 10.06. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 oo�aoo-si GENERAL CONDITIONS Page 51 of 62 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (includi.ng but not limited to all fees and cha.rges of engineers, azchitects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Coniract 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 tlus Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorpora.te in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution 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 attributabie 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 Yalues 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS " Revised: September 8, 2011 00 �2 00 - s2 GENERAL CONDITIONS Page 52 of 62 acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitabiy stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, a11 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. 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 accompanyi.ng data. and schedules, that to the best of City's irnowledge: 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 53 GENERAL CONDITIONS Page 53 of 62 determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor, or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently - discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Chazige Orders; d. City has been required to correct defective Work or complete Work in accordance with Pazagraph 13.09; or e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: l. 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 Ciry. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00-54 GENERAL CONDITIONS Page 54 of 62 E. Payment: Coniractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Docwnents. F. Reduction in Payment: l. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Pazagraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice sta.ting the reasons for such action and pay Contractor any amount remaini.ng after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Cont�-actor's Warf-anty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorpora.ted in the Project or not, will pass to City no later than the time of payment free and cleaz of all Liens. 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separa.tely 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 Pazagraph 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 substa.ntially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 201 I 00 �2 00 - ss GENERAL CONDITIONS Page 55 of 62 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 will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. -- B. No time charge will be made against the Contractor between said date of notification of the City and the date of Final Inspection. Should the City deterniine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time wiil resume. 14.06 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. 14.07 Final Payment A. Application for Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Pazagraph 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 ar Liens filed in connection with the Work. B. Payment Becomes Due: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMEN'I'S -- Revised: September 8, 2011 00 '72 00 - 56 GENERAL CONDITIONS Page 56 of 62 1. After City's acceptance of the Application for Payment and accompanying docwnentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's final Application for Payment, and without ternunating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the reta.inage stipulated in Paragraph 14.02.C, and if bonds have been furnished as requued in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that 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 sha11 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 wiil be retained. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or fumished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so f�ed. During temporary suspension of the Work covered CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 �z oo - s� GENERAL CONDITIONS Page 5'1 of 62 by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or consfiruction 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 Contxactor 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, d'uectly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be aliowed if the equipment is moved to another construction project for the City. 15.02 City May Terminate for Cause A. The occu.rrence of any one or more of the following events by way of example, but not of limitation, may justify termination for cause: l. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City's MWBE ordinance established under Pazagraph 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 58 GENERAL CONDITIONS Page 58 of 62 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 Pazagraph 15.02A. occur, City will provide written notice to Contractor and Surety to a,rrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 da.ys, after receipt of notice. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally teiminate the Contractor's right to complete the Contract. Contractor default shall not be declared eazlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such clauns, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accounta.ble 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 tunely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 201 I 00 72 00-59 GENERAL CONDITIONS Page 59 of 62 6. Maintenance of the Work shali continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.B, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 da.ys of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination wiil not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the terniination procedures of that bond shall not supersede the provisions of this Article. 15.03 City lllay 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 Sta.tes Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such temiination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regazding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00-60 GENERAL CONDITIONS Page 60 of 62 a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the properry related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination da.te 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 ternunation inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. 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 da.ys after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing withi.n such 60 day period by the Contractor, and granted by the City, any and a11 such claims shall be conclusively deemed waived. F. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable swns for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00-61 GENERAL CONDITIONS Page 61 of 62 on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such ternlination. 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 Pazagraph 10.06 before such decision becomes fmal and binding. The request for mediation shall be submitted to the other parry to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: l. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the fiim 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, ZOl l 00 72 00 - 62 GENERAL CONDITIONS Page 62 of 62 17.02 Computation of Times When any period of time is referred to in the Contra.ct 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 wananty 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. 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accorda.nce with the Coniract 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 aze inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 73 00 - 1 SUPPLEMENTARY CONDITIONS Page 1 of 6 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS Supplementary Conditions These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modifications and Supplements The foliowing are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-3.03B.2, "Resolving Discrepancies" Plans govem over Specifications and Specifications shall govem over standard details. SC-4.OlA Easement limits shown on the Drawing aze 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 November 2011: Outstanding Right-Of-Way, and/or Easements to Be Acquired PARCEL OWNER NUMBER None None TARGET DATE OF POSSESSION None The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations. CITY OF FORT WORTH Viliage Creek WRF Secondary Clarifiers I-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised December 5, 2011 00 73 00 - 2 SUPPLEMENTARY CONDITIONS Page 2 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 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 SC-4.O1A.2, "Availability of Lands" Utilities or obstructions to be removed, adjusted, and/or relocated The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as of November 2011: EXPECTED UTILITY AND LOCATION OWNER TARGET DATE OF ADNSTMENT None None None 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 SG5.03A., "Certificates of Insurance" The entities listed below are "additional insureds as their interest may appear" including their respective officers, directors, agents and employees. (1) City (2) Consultant: Camp Dresser & McKee Inc. (3) Other: None 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 GC-5.04A. Statutory limits Employer's liability $100,000 each accidendoccurrence $100,000 Disease - each employee $500,000 Disease - policy limit CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised December 5, 2011 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 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 SC-5.04B., "Contractor's Insurance" 5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with minimum limits of: $1,000,000 each occurrence $2,000,000 aggregate limit The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 5.04C., "Contractor's Insurance" 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under Paragraph 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 / $500,000 Bodily Injury per accident / $100,000 Property Damage SC-5.04D., "Contractor's Insurance" The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks None The Contractor shall conduct its operations on raikoad properties in such a manner as not to interfere with, hinder, or obstruct the raikoad company in any manner whatsoever in the use or operation of its/their trains or other properiy. Such operations on raikoad properties may require that Contractor to execute a"Right of Entry Agreement" with the particular raikoad 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 raikoad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said raikoad company's properties. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shail provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch raikoad property: (1) General Aggregate: (2) Each Occurrence: Required for this Contract CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 5, 2011 None None X Not required for this Contract Village Creek WRF Secondary Clarifiers I-9 Weir Replacement City Project No. 01839 00 73 00 - 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 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 With respect to the above outlined insurance requirements, the following shall govem: l. Where a single raikoad company is involved, the Contractor shail 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 sepazate locations 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 raikoad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of-way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. 3. If, in addition to a grade separarion or an at-grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at- grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locarions. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced untii the Contractor has fumished the City with an original policy or policies of the insurance for each raikoad 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 untii all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. SC-6.04., "Project Schedule" Project schedule shall be tier 3 for the project. SC-6.07., "Wage Rates" The following is the prevailing wage rate table(s) applicable to this project and is provided in the Appendices: GC-6.07 Prevailing Wage Rates — 2008 and 2010 SC-6.09., "Permits and Utilities" SC-6.09A., "Contractor obtained permits and licenses" The following are l�own pernuts and/or licenses required by the Contract to be acquired by the Contractor: None SC-6.09B. "City obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the City: None CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers I-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised December 5, 2011 007300-5 SUPPLEMENTARY CONDITIONS Page 5 of 6 1 SC-6.09C. "Outstanding permits and licenses" 2 3 The following is a list of known outstanding pemuts and/or licenses to be acquired, if any as of November 4 2011: 5 6 Outstanding Permits and/or Licenses to Se Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None None None 7 8 SC-7.02., "Coordination" 9 10 The individuals or entities listed below have contracts with the City for the performance of other work at 11 the Site: 12 Vendor Sco e of Work Coordination Authori ARK Contracting Bar Screen 3 and Junction Box City Rehabilitation - Archer Westem Contractors FIM #1 Diffuser Upgrades City FIM #5 Aeration Anoxic Zones Brandt FIM #2 Turbine Waste Heat City Recove AUI Contracting FIM #3B Digester Mixing City U rades CDM FIM #4 SCADA System City Re lacement JCI FIM #6A Aeration Control City Im rovements TBD Deep Bed Media Filters City Modifications TBD Gravity Belt Thickener City Im rovements TBD Plant Routine Maintenance on Ciry Second Clarifier Mechanisms 14 15 16 SC-8A1, "Communications to Contractor" 17 18 Refer to Specification Section Ol 12 16 for communication with Owner on plant shutdowns. 19 20 SG9.01., "City's Project Representative" 21 22 The following firm is a consultant to the City responsible for construction management of this Project: 23 24 None 25 26 SC-13.03C., "Tests and Inspections" 27 28 None 29 CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised December 5, 2011 007300-6 SUPPLEMENTARY CONDITIONS Page 6 oF6 1 SC-16.O1C.1, "Methods and Procedures" 2 3 None 4 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 5, 2011 Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement City Project No. 01839 Division Ol General Requirements THIS PAGE LEFT INTENTIONALLY BLANK Village Creek WRF Secondary Clarifiers I-9 Weir Replacement City Project No. 01839 O1 11 00 - 1 SUMMARY OF WORK Page 1 of 3 1 2 3 PART1- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 1.2 SECTION Ol 1100 SLt1VIMARY OF WORK A. Section Includes: 1. Summary of Work to be performed in accordance with the Contract Documents B. Deviations from this City of Fort Worth Standard Specification 1. Seeparagr, anh 1 4 C 3 c for deletions and 1.4.C.4-9 for additions. 2. See para�raph 1.4.D for deletions. . 3. See parag,raph 1.6 for additions. C. Related Specification Sections include, but are not necessarily limited to" 1. Division 0- Bidding Requirements, Contract Forms, and Conditions of the Contract 2. Division 1- General Requirements PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 A. Work Covered by Contract Documents 1. Work is to include furnishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work 1. Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. 3. Use and occupy only portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 O1 1100-2 SUMMARY OF WORK Page 2 of 3 1 a. A reasonable amount of tools, materials, and equipment for construction 2 purposes may be stored in such space, but no more than is necessary to avoid 3 delay in the consh-uction operations. 4 b. Excavated and waste materials shall be stored in such a way as not to interfere 5 with the use of spaces that may be designated to be left free and unobstructed 6 and so as not to inconvenience occupants of adjacent properly. 7 . , 8 • 9 10 . i 1 4. Contractor shall limit his use of the premises for Work and for storage to allow for 12 work bv other Contractors and Owner occupanc� 13 5. If directed bYthe Owner move anv stored items that interfere with operations of 14 the Owner or other Contractors. 15 6. Obtain and �av for use of additional stora�e or work areas as needed to perform 16 Work. 17 7. Any dama�es to existin� facilities including contamination, which mav be caused 18 by Contractor's personnel callers visitors materials or equipment shall be 19 repaired or corrected at the sole expense of the Contractor. 20 8. Anv fence that is damaged or removed bYthe Contractor shall be replaced at the 21 Contractor's expense in like kind and to the satisfaction of the Engineer. 22 9. Owner will occuQy the premises durin� the entire period of construction for the 23 conduct of his normal operations. CooQerate with Owner in all construction 24 operations to minimi�e conflict and to facilitate Owner's usa�e. ` ,.� �:�r�� -:'-^� - :: : : 26 , r, + ,. .,+e ,..«.. � �,i«�,�::� �:� . ^ ^ ... _.,..�,. z. `:bY� ..�J. 2� 20 � T 4 4 4 � ..i�.�. n� nfo oritr ...�e .�ti ...4�� I��e 29 30 31 . � , 32 33 • 34 4 n a +; +„ .. „+ ,�,,,.���.,�� ,Te �wr,w�.e , i �.,.,+� � r r' o � 35 i � i .+ ,.w;.,,. ..a .,n ,.*�,o..,�.., „f�,r.,�«,.,. y .,��_ > > o� 36 `- -�� -`---� -- � --� —a i_o�_ +„ .,n ,.,..,a,,;+�1 „ o.Ha�a i ,.ie�� -o--- 37 .+ �w � ,.�,.a:�,.��we �*,.,,,.,;,, ,.��e y r, f „ .,a .,. .,ii rr � 38 �i, wi • ,.,�e .. ..e,.,�,� a;.,,.o„f f„ ,.we �xT,.,-�. 39 . 40 - 41 � e w +- �, n i, a + � *� st w a ,.�+�.a �.,v, V„c �� 42 �et'� 43 b rr �: i, i, w i• w,�,,. w„+t, i„�,t,,._ .,,e „+:t;k. y ..a rr 44 , , , , , 45 � CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers I-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ' City Project No. 01839 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 O1 I100-3 SUMMARY OF WORK Page 3 of 3 6 R 'l.t f' 11 d ' + F 1, + t+'„ y a .r � r r � 1 4 ...7,,..+ ;,, �?, _ _ __ o+L,..-� .. -- � e o ��2 +' - �f�k UIT 1 t +' aQ r .� , � �� 6.—�0 � D t il .F - - ---a r.�. r' - �mc D.- ..r * *�, i ., w„�e,. ��,.,,, ,. .,i ,. .,a:«:,.,, o � . � T'.. +t f ^+1� .F' k fl�a �x7.�.�fc io y ! a r e �e-�;�#e-sss�t�: ,� , � -*� t ��cic�v a oic iicxxx i� � � t� r .r r r �� 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS {#�'��B} 17 A. Plan of Operations 18 1. Submit a,plan of operations designatin� proposed areas of the propertv to be used 19 for his operations material stora�e equinment storage emplovees parting offices 20 and shops The area shall affect minimal interference with the present oneranons. 21 1.7 CLOSEOUT SUBMITTALS [NOT USED] 22 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 23 24 25 26 f►�►1 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY (NOT USED] PART 2 - PRODUCTS [NOT USED] 28 PART 3- EXECUTION [NOT USED] 29 END OF SECTION 30 END OF SECTION CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July l, 2011 O1 12 16 - 1 CONSTRUCTION SEQUENCE Pagc 1 of 3 1 2 3 PART1- GENERAL SECTION O1 12 16 CONSTRUCTION SEQUENCE 4 1.1 GENERAL REQUIREMENTS 5 A. The intent of construction phasing as specified herein and as shown on the Drawings is 6 to maintain the maximum possibie level of transmission and distribution of flow 7 throughout the construction process, and to facilitate coordination of the construction of 8 the new weirs and scum baffles at Secondary Clarifiers 1-9 to ensure sufficient clarifi- 9 cation capacity is available at all times. All tasks of the phased construction schedule 10 necessary to maintain the highest possible level of transmission and distribution, wheth- 11 er described herein or not, are the responsibility of the Contractor. 12 B. The work specified herein and any other work required by the Engineer which may in- 13 terrupt the normal operations shall be accomplished at times that will be convenient to 14 the Owner. The Contractor shall plan to work overtime if needed to complete construc- 15 tion of the project and shall make no ciaims for extra compensation for overtime work 16 required to conform to these requirements. The Contractor shall notify the Engineer 17 and Owner in writing at least 14 days prior to construction requiring shutdown of the 18 Plant facilities. Contractor is required to submit Owner furnished Shut Down Form and 19 get written approval of requested shutdown prior to commencing any work. 20 C. The Contractor shall maintain continuous access to the sites and present operations. 21 D. In the event that underground piping or utilities are encountered which are not shown 22 on the Drawings, such piping or utilities shall not be disturbed without prior approval of 23 the Engineer. 24 E. All operations of existing facilities shall be performed by Village Creek Water Recla- 25 mation Facility personnel, coordinated through the Engineer by the Contractor. 26 1.2 RELATED WORK DESCRIBED ELSEWHERE 27 A. Summary of Work is included in Section O1 11 00. 28 B. Construction Schedule is included in Section O1 32 16. 29 1.3 SUBMITTALS 30 A. The Contractor shall submit to the Engineer for approval a detailed Schedule for Con- 31 struction prior to initiation of site construction. The Schedule shall comply with aspects 32 of the work described herein. 33 B. The Contractor shali update the schedule as required by Section Ol 32 16. 34 C. For all work which will require a temporary shutdown of operations or water service 35 disruptions, the Contractor shall submit a proposed work plan which indicates the man- 36 power, tools, equipment, and construction procedure to be used at least 14 days prior to 37 the requested shutdown period. Villagc Crcek WRF Sccondary Clarifiers I-9 Wcir Replacemcnt City Projact No. 01839 Ol 1216-2 CONSTRUCTIONSEQUENCE Page 2 of 3 1.4 SEQUENCING REQUIREMENTS, SHUT-DOWN CONSTRAINTS, AND PROJECT WORK EFFORTS 3 A. The construction schedule shall be developed and implemented to minimize shutdowns 4 of the facilities. 5 B. The foliowing construction sequencing issues, critical tie-ins, shut-downs and other 6 considerations shall be taken into account by Contractor in development of the con- 7 struction schedule. These items are presented to assist the Contractor and are not all 8 inclusive. 9 1. General Sequencing Requirements and Shut-Down Constraints/Limitations 10 a. Secondary Clarifiers 1, 2 and 3 receive flow from Aeration Basins 1 and 2. i l Secondary Clarifiers 4, 5, and 6 receive flow from Aeration Basins 3 and 4. 12 Secondary Clarifiers 7, 8, and 9 receive flow from Aeration Basins 5 and 6. 13 b. For purposes of construction phasing, Secondary Clarifiers 1, 2 and 3 will be 14 referred to as Train 1. Secondary Clarifiers 4, 5, and 6 will be referred to as 15 Train 2, and Train 3 will consist of Secondary Clarifiers 7, 8 and 9. 16 c. Work on Secondary Clarifier No. 5 shall be completed first. 17 d. At least two Secondary Clarifiers per train shall remain in operation during 18 construction activities. 19 e. One clarifier per train can be taken out of service simultaneously under low 20 flow conditions to allow for consh-uction of the new scum baffles and weirs. 21 f. Contractor is responsible for coordinating with plant staff to bring clarifiers on 22 and off line and ensure that sufiicient clarification capacity is available in 23 treatment Trains 1, 2, and 3 at aii times. 24 g. Clarifiers shall be drained by piant personnel. Contractor shall be responsible 25 for wash down and cleaning of clarifiers to perform work. Plant water hose bibs 26 exist at each of the clarifiers. Contractor is responsible for equipment, hoses, 27 and incidentals for cleaning activities. 28 h. Flow to each clarifer can be isolated by closing the gate at the upstream flow 29 diversion structure. Contractor shall handle any flow that may leak past these 30 gates to keep the clarifier dry to perform work. 31 2. The requirements above are not inclusive of all work and the Contractor shall be re- 32 sponsible far determining the required shut-downs to complete the work of this 33 Contract. A minimum of five days shall be provided between each construction se- 34 quence to allow the respective clariiiers to be drained for construction. 35 3. The Contractor shall not use any chemicals for wash down or cleaning of the work 36 area. 37 4. The Contractor shall not operate any of the valves and gates. The Contractor shall 38 coordinate with the Owner so that plant staff will close or open the necessary valves 39 and gates at the plant. 40 C. The Contractor shall be responsibie for developing his own schedule to meet the com- 41 pletion requirements and maintain the treatment capacity requirements of the plant. Villagc Creek WRF Secondary Clarificrs I-9 Weir Replacement Ciry Project No. 01839 01 IZ 16-3 CONSTRUCTTON SEQUENCE Pagc 3 of 3 1 1.5 LIQUIDATED DAMAGES 2 A. The Contractor understands and agrees that the time of completion is an essential con- 3 sideration of development of his proposal and that failure to complete the work under 4 this Contract, within the allotted time as specified will result in damages to be sustained 5 by the Owner. The Contractor and Owner further agree in applying Liquidated Damag- 6 es that such damages cannot be precisely measured or that the ascertainment of actual 7 damages would be unduly difficuit after the fact. Therefore, the Contractor and the 8 Owner agree in applying Liquidated Damages that for each and every Calendar Dav the 9 work or any portion thereof, remains uncompleted after the specified times, the Con- 10 tractor shall pay as agreed Liquidated Damages, the amounts as set forth in the Agree- i l ment. 12 PART 2- PRODUCTS (NOT USED) 13 PART 3- EXECUTION (NOT USED) - 14 END OF SECTION 15 Village Creek WRF Secondary Clarifiers 1-9 Weir Rcplacement City Projcct No. 01839 012000-1 MEASUREMENT AND PAYMENT Pagc I of 4 1 2 3 PART1- GENERAL SECTION O1 20 00 MEASUREMENT AND PAYMENT 4 1.1 ADMINISTRATIVE SUBMITTALS 5 A. Schedule of Values: Submit schedule in a format acceptable to OWNER. 6 B. Schedule of Estimated Progress Payments: 7 1. Submit with initially acceptable schedule of values. 8 2. Submit adjustments thereto with Application for Payment. 9 C. Appiication far Payment. 10 D. Finai Application for Payment. 11 1Z SCHEDULE OF VALUES 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 A. Lump Sum Work: 1. Reflect schedule of values format included in conformed Bid Form, specified al- lowances, alternates, and equipment selected by OWNER, as applicable. 2. List Bonds and insurance premiums, mobilization, demobilization, facility startup, and contract closeout separately. Overhead and profit shall not be listed as separate items. 3. Lump sum line items in the Proposal are to be divided to allow easy determination of the percentage of the item that has been completed. a. Provide adequate detail to allow easy determination of the percentage of work completed for each item. b. Items, with the exception of equipment packages, are not to exceed $50,000.00. c. Separate product costs and installation costs. 1) Product costs include cost for product, delivery and unloading costs, royalties and patent fees, taxes, and other costs paid directly to the supplier or vendor. 2) Installation costs include cost for the supervision, labor and equipment for field fabrication, erection, installation, start-up, initial operation and CONTRACTOR's overhead and profit. d. Lump sum items may be divided into an estimated number of units: 1) The estimated number of units times the cost per unit must equal the lump sum amount for that line item. 2) CONTRACTOR wili receive payment for all of the lump sum line item. e. Include a directly proportional amount of CONTRACTOR's overhead and profit for each line item. f. Divide principai subcontract amounts into an adequate number of line items to allow determination of the percentage of work completed for each item. B. An unbalanced or front-end loaded schedule wiil not be acceptable. Villagc Creck WRF Secondary Clarifiers 1-9 Wcir Rcplacemcnt City Projcct No. 01839 oi z000-z MEASUREMENT AND PAYMENT Page 2 of 4 1 C. Sumination of the complete schedule of values representing all Work shall equal the 2 Contract Price. No additional payment will be allowed if the quantities shown on the 3 Schedule of Values are less than those actually required to accomplish the Work, unless 4 the quantities are altered by a change order. 5 D. The approved schedule of values wiil also be used as a guide in determining the value 6 of work involved in change orders. 7 E. It is the OWNER's intent that the schedule of values can also be used as a fair and ex- 8 pedient method of deleting items from the work, should the OWNER so desire. There- 9 fore, it is the CONTRACTOR's responsibility, as well as to his advantage, to make the 10 schedule as detailed and the items and their corresponding values as equitably deter- 11 mined and presented as possible. 1 Z F. Submit schedule of values on a CD, in a spreadsheet format compatible with the latest 13 version of Excel. 14 1.3 SCHEDULE OF ESTIMATED PROGRESS PAYMENTS 15 16 17 18 19 20 21 22 23 24 A. Submit a schedule indicating the anticipated schedule of payments to be made by the OWNER. 1. Schedule shall indicate: a. The payment estimate number. b. Date the estimate is to be submitted. c. Anticipated amount of payment request. d. Aggregate amount to date. B. Base estimated progress payment on initially acceptable progress schedule. Adjust quarterly or more often, if necessary, to reflect subsequent adjustments in progress schedule and Contract Price as reflected by modifications to the Contract Documents. 25 1.4 APPLICATION FOR PAYMENT 26 A. Transmittal Stumnary Form: Attach one Summary Form with each detailed Applica- 27 tion for Payment for each schedule and include Request for Payment of Materials and 28 Equipment on Hand as applicable. Execute certification by authorized officer of 29 CONTRACTOR. 30 B. Use detailed Application for Payment Form in a format approved by OWNER. 31 C. Provide separate form for each schedule as applicabie. 32 D. Inciude accepted schedule of values for each schedule or portion of Work, the unit price 33 breakdown for Work to be paid on unit price basis, a listing of OWNER-selected 34 equipment, if applicable, and allowances, as appropriate. 35 E. Preparation: 36 1. Round values to nearest dollar. 37 38 39 40 41 42 43 2. List each Change Order and Written Amendment executed prior to date of submis- sion as separate line item. Totals to equal those shown on the Transmittal Summary Form for each schedule as applicable. 3. Submit Application for Payment, including a Transmittal Summary Form and de- tailed Appiication for Payment Form(s) for each schedule as appiicable, a listing of materiais on hand for each schedule as applicable, and such supporting data as may be requested by OWNER. Village Creek WRF Secondary Clarifiers I-9 Weir Replacement City Project No. 01839 012000-3 MEASUREMENT AND PAYMENT Page 3 of 4 1 1.5 MEASUREMENT — GENERAL - 2 A. Pay quantities wiil be based on percentage of construction of acceptable project in 3 place. There will be no separate measurement for payment. 4 1.6 PAYMENT 5 A. General 6 1. Progress payments will be made monthly. 7 2. The date for the CONTRACTOR's submission of monthly Application for Payment 8 shall be through the 10`'' of each month. 9 B. Payment for all Work shown or specified in the Contract Documents is included in the 10 Contract Price. No measurement or payment will be made for individual items. 11 12 13 14 15 16 1.7 17 18 19 20 21 22 23 24 25 26 C. Payment for Lump Sum Work covers all Work specified or shown within the limits or Specification sections as follows: 1. Limits of Work are as shown on the Drawings. 2. Limits of Work are as defined in Section 01 11 00, SUMMARY OF WORK. 3. All Work shown on the Drawings and in the Specification section(s). NONPAYMENT FOR REJECTED OR UNUSED PRODUCTS A. Payment wili not be made for the following: l. Loading, hauling, and disposing of rejected material. 2. Quantities of material wasted or disposed of in manner not called for under Con- tract Documents. 3. Rejected loads of material, inciuding material rejected after it has been placed by reason of failure of CONTRACTOR to conform to provisions of Contract Docu- ments. 4. Material not unloaded from transporting vehicle. 5. Defective Work not accepted by OWNER. 6. Material remaining on hand after completion of Work. 27 1.8 PARTIAL PAYMENT FOR STORED MATERIALS AND EQUIPMENT 28 29 30 31 32 33 A. Partial Payment: No partiai payments will be made for materials and equipment deli- vered or acceptably stored unless shop drawings are approved. All invoice price percen- tages noted below require project retainage to be withheld on invoice amounts paid. Only 75% of the invoice price will be paid until O&M manuals are acceptable to OWNER as follows: Villagc Creck WRF Secondary Clarifiers 1-9 Wcir Rcplacement City Project No. 01839 012000-4 MEASUREMENT AND PAYMENT Page 4 of 4 1 Preliminary O&M manuals must be submitted within 30 days of approval of Z Shop Drawing. Upon receipt of preliminary O&M manuals, 85% of invoice may 3 be paid. Within 30 days from date of Engineer's disposition and return to Con- 4 tractor of preliminary O&M manuals, final O&M manuals must be submitted. 5 Upon approval of the final O&M manuals by the Engineer/Owner, 95% of the 6 invoice may be paid. The final O&M manuals must be approved 30 days prior to 7 substantiaUcompletion for any milestone event in Specification Section 01031 or 8 penalties will result per Section 01031. It is understood that during the startup of 9 equipment for functional and performance testing that some addenda to the final 10 O&M may be required. The remaining 5% of the invoice will be paid when 11 Owner's training is provided. 12 13 B. Final Payment: Wili be made only for products incorporated in Work; remaining prod- 14 ucts, for which partial payments have been made, shall revert to CONTRACTOR unless 15 otherwise agreed, and partial payments made for those items will be deducted from fi- 16 nal payment. 17 PART 2- PRODUCTS (NOT USED) 18 PART 3- EXECUTION (NOT USED) 19 20 END OF SECTION Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement City Project No. 01839 012500-1 SUBSTITUTION PROCEDURES Page I of 4 I 2 3 PARTl- GENERAL 4 1.1 SUMMARY SECTION Ol 25 00 SUBSTITUTION PROCEDURES 5 A. Section Includes: 6 1. The procedure for requesting the approval of substitution of a product that is not 7 equivalent to a product which is specified by descriptive or performance criteria or 8 defined by reference to 1 or more of the following: 9 a. Name of manufacturer 10 b. Name of vendor 11 c. Trade name 12 d. Catalog number 13 2. Substitutions are not "or-equals". 14 B. Deviations from this City of Fort Worth Standard Specification 15 l. None. 16 C. Related Specification Sections include, but are not necessarily limited to: 17 l. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 18 2. Division 1— General Requirements 19 1.2 PRICE AND PAYMENT PROCEDURES 20 A. Measurement and Payment 21 1. Work associated with this Item is considered subsidiary to the various items bid. 22 No separate payxnent will be allowed for this Item. 23 1.3 REFERENCES [NOT USED] 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 A. Request for Substitution - General 1. Within 30 days after award of Contract (unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a. When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or-equals," as determined by City. 3. Other types of equipment and kinds of material may be acceptable substitutions under the following conditions: a. Or-equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, CITY OF FORT WORTH Village Creek WRF Secondary Clazifiers i-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 012500-2 SUBSTITUTION PROCEDURES Page 2 of 4 1 b. Contractor proposes a cost and/or time reduction incentive to the City. 2 1.5 SUBMITTALS 3 A. See Request for Substitution Form (attached) 4 B. Procedure for Requesting Substitution 5 6 7 Substitution shall be considered only: a. After award of Contract b. Under the conditions stated herein 8 2. Submit 3 copies of each written request for substitution, including: 9 a. Documentation 10 1) Complete data substantiating compliance of proposed substitution with 11 Contract Documents 12 2) Data relating to changes in construction schedule, when a reduction is 13 proposed 14 3) Data relating to changes in cost 15 b. For products 16 1) Product identification 17 a) Manufacturer's name 18 b) Telephone number and representative contact name 19 c) Specificarion Section or Drawing reference of originally specified 20 product, including discrete name or tag number assigned to original 21 product in the Contract Documents 22 2) Manufacturer's literature clearly marked to show compliance of proposed 23 product with Contract Documents 24 3) Itemized comparison of original and proposed product addressing product 25 characteristics including, but not necessarily limited to: 26 a) Size 27 b) Composition or materials of construction 28 c) Weight 29 d) Electrical or mechanical requirements 30 4) Product experience 31 a) Location of past projects utilizing product 32 b) Name and telephone number of persons associated with referenced 33 projects knowledgeable concerning proposed product 34 c) Available field data and reports associated with proposed product 35 5) Samples 36 a) Provide at request of City. 37 b) Samples become the property of the City. 38 c. For construction methods: 39 1) Detailed description of proposed method 40 2) Illustration drawings 41 C. Approval or Rejection 42 1. Written approval or rejection of substitution given by the City 43 2. City reserves the right to require proposed product to comply with color and pattern 44 of specified product if necessary to secure design intent. 45 3. In the event the substitution is approved, the resulting cost and/or time reduction 46 will be documented by Change Order in accordance with the General Conditions. CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 012500-3 SUBSTITUTION PROCEDURES Page 3 of 4 1 2 3 4 5 6 7 8 9 4. No additional contract time will be given for substitution. 5. Substitution will be rejected if: a. Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c. In the City's opinion, acceptance will require substantial revision of the original design d. In the City's opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE 13 A. In making request for substitution or in using an approved product, the Contractor 14 represents that the Contractor: 15 1. Has investigated proposed product, and has deternuned that it is adequate or 16 superior in all respects to that specified, and that it will perform function for which 17 it is intended 18 2. Will provide same guarantee for substitute item as for product specified 19 3. Will coordinate installation of accepted substitution into Work, to include building 20 modifications if necessary, making such changes as may be required for Work to be 21 complete in all respects 22 4. Waives all claims for additional costs related to substitution which subsequently 23 arise 24 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 25 1.11 FIELD [SITE] CONDITIONS [NOT USED] 26 1.12 WARRANTY [NOT USED] 27 PART 2- PRODUCTS [NOT USED] 28 PART 3- EXECUTION [NOT USED] 29 30 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 31 CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 012500-4 SUBSTITUTION PROCEDURES Page 4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: TO: PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature as noted Fum Address Date Telephone For Use by City: Approved City Recommended Recommended Not recommended Received late By Date Remarks Date CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Rejected Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement City Project No. 01839 01 31 19 - i PRECONSTRUCTION MEETING Page 1 of 3 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0131 19 PRECONSTRUCTION MEETING 5 A. Section Includes: 6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 7 clarify construction contract administration procedures 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 11 12 13 1.2 C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Condirions of the Contract 2. Division 1— General Requirements PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Coordination 20 1. Attend preconstruction meeting. 21 2. Representatives of Contractor, subcontractors and suppliers attending meetings 22 shall be qualified and authorized to act on behalf of the entity each represents. 23 3. Meeting administered by City may be tape recorded. 24 a. If recorded, tapes will be used to prepare minutes and retained by City for 25 future reference. 26 B. Preconstruction Meeting 27 1. A preconstruction meeting will be held within 14 days after the execution of the 28 Agreement and before Work is started. 29 a. The meeting will be scheduled and administered by the Ciry. 30 2. The Project Representative will preside at the meeting, prepare the notes of the 31 meeting and distribute copies of same to all participants who so request by fully 32 completing the attendance form to be circulated at the beginning of the meeting. 33 3. Attendance shall include: 34 a. Project Representative 35 b. Contractor's project manager 36 c. Contractor's superintendent 37 d. Any subcontractor or supplier representatives whom the Contractor may desire 38 to invite or the City may request CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Ciry Project No. 01839 Revised July l, 201 I OI 31 19 -2 PRECONSTRUCTION MEETING Page 2 oF 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 e. Other City representatives f. Others as appropriate 4. Construction Schedule a. Prepare baseline construction schedule in accordance with Section O1 32 16 and provide at Preconstruction Meeting. b. City will notify Contractor of any schedule changes upon Notice of Preconstruction Meeting. 5. Preliminary Agenda may include: a. Introduction of Proj ect Personnel b_ General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor's work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material 1. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre-Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the Ciry's representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee_ Record Drawings ff. Temporary construction facilities gg. M/WBE procedures hh. Final Acceptance ii. Final Payment jj. Questions or Comments CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July l, 2011 01 31 19 - 3 PRECONSTRUCTION MEETING Page 3 of 3 1 1.5 SUSMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.� CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USEDJ 8 1.12 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3- EXECUTION [NOT USED] 11 END OF SECTION 12 13 CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 013120-1 PROJECT MEETINGS Page I of 3 � 3 PART1- GENERAL 4 l.l SUMMARY SECTION 013120 PROJECT MEETiNGS 5 A. Section Includes: 6 1. Provisions for project meetings throughout the construction period to enable orderly 7 review of the progress of the Work and to provide for systematic discussion of 8 potential problems 9 B. Deviations this Gity of Fort Worth Standard Specification 10 1. None. 11 12 13 14 1.2 C. Related Specification Sections include, but are not necessaxily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Coordination 21 1. Schedule, attend and administer as specified, periodic progress meetings, and 22 specially called meerings throughout progress of the Work. 23 2. Representatives of Contractor, subcontractors and suppliers attending meetings 24 shall be qualified and authorized to act on behalf of the entity each represents. 25 3. Meetings administered by City may be tape recorded. 26 a. If recorded, tapes will be used to prepare minutes and retained by City for 27 future reference. 28 4. Meetings, in addition to those specified in this Section, may be held when requested 29 by the City, Engineer or Contractor. 30 B. Pre-Construction Neighborhood Meeting 31 1. After the execution of the Agreement, but before construction is allowed to begin, 32 attend 1 Public Meeting with affected residents to: 33 a. Present projected schedule, including construction start date 34 b. Answer any construction related questions 35 2. Meeting Location 36 a. Location of ineeting to be deternuned by the City. 37 3. Attendees 38 a. Contractor CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July l, 2011 013120-2 PROJECT MEETINGS Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 b. Project Representative c. Other City representatives 4. Meeting Schedule a. In general, the neighborhood meeting will occur within the 2 weeks following the pre-construction conference. b. In no case will construction be allowed to begin until this meeting is held. C. Progress Meetings 1. Formal project coordination meetings wili be held periodically. Meetings will be scheduled and administered by Project Representative. 2. Additional progress meetings to discuss specific topics will be conducted on an as- needed basis. Such additional meetings shall include, but not be limited to: a. Coordinating shutdowns b. Installation of piping and equipment c. Coordination between other construction projects d. Resolution of construction issues e. Equipment approval 3. The Project Representative will preside at progress meetings, prepare the notes of the meeting and distribute copies of the same to all participants who so request by fully completing the attendance form to be circulated at the beginning of each meeting. 4. Attendance shall include: a. Contractor's project manager b. Contractor's superintendent c. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request d. Engineer's representatives e. City's representatives f. Others, as requested by the Project Representative 5. Preliminary Agenda may include: a. Review of Work progress since previous meeting b. Field observations, problems, conflicts c. Items which impede construction schedule d. Review of off-site fabrication, delivery schedules e. Review of construction interfacing and sequencing requirements with other construction contracts f. Corrective measures and procedures to regain projected schedule g. Revisions to construction schedule h. Progress, schedule, during succeeding Work period i. Coordination of schedules j. Review submittal schedules k. Maintenance of quality standards 1. Pending changes and substitutions m. Review proposed changes for: 1) Effect on construction schedule and on completion date 2) Effect on other contracts of the Project n. Review Record Documents o. Review monthly pay request p. Review status of Requests for Information CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 013120-3 PROJECT MEETINGS Page 3 of 3 1 6. Meeting Schedule 2 a. Progress meetings will be held periodically as determined by the Project 3 Representative. 4 1) Additional meetings may be held at the request of the: 5 a) City 6 b) Engineer 7 c) Contractor 8 7. Meeting Location 9 a. The City will establish a meeting location. 10 1) To the extent practicable, meetings will be held at the Site. 11 1.5 SUBMITTALS [NOT USED] 12 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 13 1.7 CLOSEOUT SUBMITTALS [NOT USED] 14 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 15 1.9 QUALITY ASSURANCE [NOT USED] 16 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 17 1.11 FIELD [SITE] CONDITIONS [NOT USED] 18 1.12 WARRANTY [NOT USED] 19 PART 2- PRODUCTS [NOT USED] 20 PART 3- EXECUTION [NOT USED] 21 END OF SECTION 22 Revision Log DATE NAME SUMMARY OF CHANGE 23 CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 013216-I CONSTRUCTION PROGRESS SCHED"ULE Page 1 of 6 1 2 3 PARTl- GENERAL 4 l.l SUMMARY SECTION 013216 CONSTRUCTION PROGRESS SCHEDULE 5 A. Section Includes: 6 1. General requirements for the preparation, submittal, updating, status reporting and 7 management of the Construction Progress Schedule 8 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance 9 Document 10 B. Deviations from this City of Fort Worth Standard Specification 11 l. See Paragraph 1.4 F for additions. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the 14 Contract 15 2. Division 1— General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 18 19 20 1.3 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. REFERENCES A. Defmitions 1. Schedule Tiers a. Tier 1- No schedule submittal required by contract. Small, brief duration projects b_ Tier 2- No schedule submittal required by contract, but will require some milestone dates. Small, brief durarion projects c. Tier 3- Schedule submittal required by contract as described in the Specification and herein. Majority of City projects, including all bond program projects d. Tier 4- Schedule submittal required by contract as described in the Specification and herein. Large and/or complex projects with long durations 1) Examples: large water pump station project and associated pipeline with interconnection to another governmental entity e. Tier 5- Schedule submittal required by contract as described in the Specification and herein. Large and/or very complex projects with long durations, high public visibility 1) Examples might include a water or wastewater treatment plant 2. Baseline Schedule - Initial schedule submitted before work begins that will serve as the baseline for measuring progress and departures from the schedule. CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers I-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 013216-2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 6 1 2 3 4 5 6 3. Progress Schedule - Monthly submittal of a progress schedule documenting progress on the project and any changes anticipated. 4. Schedule Narrative - Concise narrative of the schedule including schedule changes, expected delays, key schedule issues, criticai path items, etc B. Reference Standards 1. City of Fort Worth Schedule Guidance Document 7 1.4 ADMINISTRATIVE REQUIREMENTS 8 9 10 11 12 13 14 15 16 17 18 19 20 21 A. Baseline Schedule 1 _ General a. Prepaze a cost-loaded baseline Schedule using approved software and the Critical Path Method (CPM) as required in the City of Fort Worth Schedule Guidance Document. b. Review the draft cost-loaded baseline Schedule with the City to demonstrate understanding of the work to be performed and known issues and constraints related to the schedule. c. Designate an authorized representative (Project Scheduler) responsible for developing and updating the schedule and preparing reports. B. Progress Schedule 1. Update the progress Schedule monthly as required in the City of Fort Worth Schedule Guidance Document. 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 22 3. Change Orders 23 a. Incorporate approved change orders, resulting in a change of contract time, in 24 the baseline Schedule in accordance with City of Fort Worth Schedule 25 Guidance Document. 26 C. Responsibility for Schedule Compliance 27 1. Whenever it becomes appaxent from the current progress Schedule and CPM Status 28 Report that delays to the critical path have resulted and the Contract completion 29 date will not be met, or when so directed by the City, make some or all of the 30 following actions at no additional cost to the City 31 a. Submit a Recovery Plan to the City for approval revised baseline Schedule 32 outlining: 33 1) A written statement of the steps intended to take to remove or arrest the 34 delay to the crirical path in the approved schedule 35 2) Increase construction manpower in such quantities and crafts as will 36 substantially eliminate the backiog of work and return current Schedule to 37 meet projected baseline completion dates 38 3) Increase the number of working hours per shift, shifts per day, working 39 days per week, the amount of construction equipment, or any combination 40 of the foregoing, sufficiently to substantially eliminate the backiog of work 41 4) Reschedule activities to achieve maximum practical concurrency of 42 accomplishment of activities, and comply with the revised schedule CIT'I' OF FORT WORTH Village Creek WRF Secondary Clazifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFtCATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 013216-3 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 6 1 2. If no written statement of the steps intended to take is submitted when so requested 2 by the City, the City may direct the Contractor to increase the level of effort in 3 manpower (trades), equipment and work schedule (overtime, weekend and holiday 4 work, etc.) to be employed by the Contractor in order to remove or arrest the delay 5 to the critical path in the approved schedule. 6 a. No additional cost for such work will be considered. 7 D. The Contract completion time will be adjusted only for causes specified in this 8 Contract. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a. Requests for an extension of any Contract completion date must be supplemented with the following: 1) Furnish justification and supporting evidence as the City may deem necessary to determine whether the requested extension of time is entitled under the provisions of this Contract. a) The City will, after receipt of such justification and supporting evidence, make findings of fact and will advise the Contractor, in writing thereof. 2) If the City fmds that the requested extension of time is entitled, the City's determination as to the total number of days allowed for the extensions shall be based upon the approved total baseline schedule and on all data relevant to the extension. a) Such data shall be included in the next updating of the Progress schedule. b) Actual delays in activities which, according to the Baseline schedule, do not affect any Contract completion date shown by the critical path in the network will not be the basis for a change therein. 26 2. Submit each request for change in Contract completion date to the City within 30 27 days after the beginning of the delay for which a time extension is requested but 28 before the date of fmal payment under this Contract. 29 a. No time extension will be granted for requests which are not submitted within 30 the foregoing time limit. 31 b. From time to time, it may be necessary for the Contract schedule or completion 32 time to be adjusted by the City to reflect the effects of job conditions, weather, 33 technical difficulties, strikes, unavoidable delays on the part of the City or its 34 representatives, and other unforeseeable conditions which may indicate 35 schedule adjustments or completion time extensions. 36 1) Under such conditions, the City will direct the Contractor to reschedule the 37 work or Contract completion time to reflect the changed conditions and the 38 Contractor shall revise his schedule accordi.ngly. 39 a) No additional compensation will be made to the Contractor for such 40 schedule changes except for unavoidable overall contract time 41 extensions beyond the actual completion of unaffected work, in which 42 case the Contractor shall take all possible action to minimize any time 43 extension and any additional cost to the City. 44 b) Available float time in the Baseline schedule may be used by the City 45 as well as by the Contractor. 46 3. Float or slack time is defined as the amount of time between the earliest start date 47 and the latest start date or between the earliest fmish date and the latest fmish date 48 of a chain of activities on the Baseline Schedule. CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers I-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 013216-4 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 6 1 a. Float or slack time is not for the exclusive use or benefit of either the 2 Contractor or the City. 3 b. Proceed with work according to early start dates, and the City shall have the 4 right to reserve and apportion float time according to the needs of the project. 5 c. Acknowledge and agree that actual delays, affecting paths of activities 6 containing float time, will not have any effect upon contract completion times, 7 providing that the actual delay does not exceed the float time associated with 8 those activities. 9 E. Coordinating Schedule with Other Contract Schedules 10 1. Where work is to be performed under this Contract concurrently with or contingent 11 upon work performed on the same facilities or area under other contracts, the 12 Baseline Schedule shall be coordinated with the schedules of the other contracts. 13 a. Obtain the schedules of the other appropriate contracts from the City for the 14 preparation and updaring of Baseline schedule and make the required changes 15 in his schedule when indicated by changes in corresponding schedules. 16 2. In case of interference between the operations of different contractors, the City will 17 determine the work priority of each contractor and the sequence of work necessary 18 to expedite the completion of the entire Project. 19 a_ In such cases, the decision of the City shall be accepted as final. 20 b. The temporary delay of any work due to such circumstances shall not be 21 considered as justification for claims for additional compensation. 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 F. Construction Photography Photographs a. Take a minimum of 36 color digital photographs of the completed or substantially completed Work at Project Completion. These photographs shall be submitted with the Final Application for Payment. b. Color digital photographs shall be taken approximately once each month. A minimum of 24 color digital photographs shall be taken to accompany each Monthly Progress Payment. Contractor shall provide a description of each photograph, date taken, photograph number and photographer's name. c. Engineer will approve the views to be taken and select the time at which they will be taken. All photographs need to be viewable (digital). Views will vary depending on the Progress Schedule. Prints a. Furnish a CD of the photographs to the Engineer with each Monthly Progress Payment. b. Furnish additional photographs requested by Engineer at no additionai cost to the Owner. c. Provide high quality digital photographs on CDs. The file format shall be ".lPg"• d. Place the following information on front for digital photographs: 1) Data photograph was taken. 2) Title of Project. 3) Description of view shown in photograph. 4) North Arrow reference. 3. Pre-Construction Photographs CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 013216-5 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 6 1 2 3 4 5 6 � 8 9 10 11 12 a. b. c. d. Responsibility to take 36 pre-construction photographs, so as to resolve any disputes which may arise regarding the considerations prior to and subsequent to construction, belongs to Contractor. If a dispute arises where no pre-construction photographs were taken, the disputed area shall be restored to the extent directed by the Engineer and to the complete satisfaction of the Engineer. Fumish two CD's of the pre-construction photographs to the Engineer, and must make others available for review in settling any disputes. A high quality video of the site in DVD format shall be made prior to construction and submitted by the Contractor. The video shall be automatically dated and timed. 13 1.5 SUBMITTALS 14 A. Baseline Schedule 15 1. Submit Schedule in native file format and pdf format as required in the City of Fort 16 Worth Schedule Guidance Document. 17 a. Native file format includes: 18 1) Primavera (P6 or Primavera Contractor) 19 2. Submit draft baseline Schedule to City prior to the pre-construction meeting and 20 bring in hard copy to the meeting for review and discussion. 21 B. Progress Schedule 22 1. Submit progress Schedule in native file format and pdf format as required in the 23 City of Fort Worth Schedule Guidance Document. 24 2. Subxnit progress Schedule monthly no later than the last day of the month. 25 C. Schedule Narrative 26 l. Submit the schedule narrative in pdf format as required in the City of Fort Worth 27 Schedule Guidance Docuxnent. 28 2. Submit schedule narrative monthly no later than the last day of the month. 29 30 31 32 33 34 35 1.6 D. Submittal Process 1. The City administers and manages schedules through Buzzsaw. 2. Contractor shall submit documents as required in the City of Fort Worth Schedule Guidance Document. 3. Once the project has been completed and Final Acceptance has been issued by the City, no further progress schedules are required. ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 36 1.7 CLOSEOUT SUBMITTALS [NOT USED] 37 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 38 1.9 QUALITY ASSURANCE 39 A. The person preparing and revising the construction Progress Schedule shall be 40 experienced in the preparation of schedules of similar complexity. CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers I-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 1 2 3 4 5 6 7 013216-6 CONSTRUCTION PROGRESS SCHEDULE Page 6 of 6 B. Schedule and supporting documents addressed in this Specification shall be prepared, updated and revised to accurately reflect the performance of the construction. C. Contractor is responsible for the quality of all submittals in this section meeting the standard of care for the construction industry for similar proj ects. 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USEDj l.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WA,RRANTY [NOT USED] 8 PART 2- PRODUCTS [NOT USED] 9 PART 3- EXECUTION [NOT USED] 10 11 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12 CITY OF FORT WORTH Village Creek WRF Secondary Clazifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, ZO1 I 013300-1 SUBMITTALS Page 1 of 8 1 2 3 PART1- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 SECTION O1 33 00 SUBMITTALS A. Section Inciudes: l. Generai methods and requirements of submissions appiicable to the following Work-related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) c. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. See para�raph 1.1.0 for additions. 2. See para�raph 1.4.I for additions. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 3. S�ecification Section O1 78 23- Operation and Maintenance Data 1.2 PRICE AND PAYMENT PROCEDURES 20 A. Measurement and Payment 21 1. Work associated with this Item is considered subsidiary to the various items bid. 22 No separate payment will be allowed for this Item. 23 1.3 REFERENCES [NOT USED] 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 A. Coordination 26 1. Notify the City in writing, at the time of submittal, of any deviations in the 27 submittals from the requirements of the Contract Documents. 28 2. Coordination of Submittal Times 29 a. Prepare, prioritize and transmit each submittal sufficiently in advance of 30 performing the related Work or other applicable activities, or within the time 31 specified in the individual Work Sections, of the Specifications. 32 b. Contractor is responsible such that the installation will not be delayed by 33 processing times including, but not limited to: 34 a) Disapprovai and resubmittal (if required) 35 b) Coordination with other submittals 36 c) Testing 37 d) Purchasing 38 e) Fabrication 39 fl Delivery CITY OF FORT WORTH Villa�e Creek WRF Secondary Clarificrs 1-9 Weir Replacemcnt STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July I, 2011 01 33 00 - 2 SUBMITTALS Pa�e 2 of 8 1 2 3 4 5 6 c. � g) Similar sequenced activities No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 B. Submittai Numbering When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initiai separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 1 1 11 1: : 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittai under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification l. Review shop drawings, product data and samples, inciuding those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sampie and product data submitted by the Contractor with a Certification Statement affixed inciuding: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) `By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8'/z inches x 11 inches to 8'/Z inches x 11 inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations CITY OF FORT WORTH Village Creck WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July I, 201 I 013300-3 SUBMITTALS PaQe 3 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 E. Submittal Content 1. The date of submission and the dates of any previous submissions 2. The Project title and number 3. Contractor identification 4. The names of a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom-prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 2. Detaiis a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon fieid measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product data for products included on the City's Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City's Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability CITY OF FORT WORTH Village Crcck WRF Sccondary Clarifiers I-9 Weir Replacemcnt STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 201 1 01 33 00 - 4 SUBMITTALS Pa�e 4 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 4) Roughing-in diagrams and templates 5) Catalog cuts 6) Product photographs 7) Standard wiring diagrams 8) Printed performance curves and operational-range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare-parts listing and printed product warranties 12) As applicable to the Work H. Samples 1. As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Smali cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work 21 I. Do not start Work requiring a shop drawing, sample or product data nor any material to 22 be fabricated or installed prior to the approval or qualified approvai of such item. 23 l. Fabrication performed, materials purchased or on-site construction accomplished 24 which does not conform to approved shop drawings and data is at the Contractor's 25 risk. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 2. The City will not be liable for any expense or delay due to conections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, appiicable samples, and product data. 4. Complete project Work materials fabrication and installations in conformance with approved operations and maintenance data per specification section O l 78 23. J. Submittal Distribution Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another externai FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit mare than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. CITY OF FORT WORTH Villa�e Creek WRF Secondary Clarifiers I-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Rcvised July 1, 2011 013300-5 SUBMITTALS Pagc 5 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 2) Hard Copies a) 3 copies for ali submittals d. Sampies 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for ali other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shail submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittai Review 34 2. 35 36 37 38 39 3. 40 41 42 43 44 45 46 47 48 � The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fizlfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. The Contractor remains responsibie for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the foilowing codes: a. Code 1 CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers I-9 Wcir Repiacemcnt STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July l, 2011 013300-6 SUBMITTALS Pa�e 6 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittai is to address all comments, omissions and non-conforming items that were noted. c) Resubmittal is to be received by the City within 15 calendar days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangie or other similar method a) At Contractor's risk if not marked b. Submittais for each item will be reviewed no more than twice at the City's expense. 1) All subsequent reviews wiil be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative's then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partiai Submittals a. City reserves the right to not review submittals deemed partial, at the City's discretion. b. Submittais deemed by the City to be not complete wiil be returned to the Contractor, and will be considered "Not Approved" until resubmitted. CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers I-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 RevisedJuly 1,2011 013300-7 SUBMITTALS Pagc 7 of 8 1 c. The City may at its option provide a list or mark the submittal directing the 2 Contractor to the areas that are incomplete. 3 8. If the Contractor considers any correction indicated on the shop drawings to 4 constitute a change to the Contract Documents, then written notice must be 5 provided thereof to the City at least 7 Working Days prior to release for 6 manufacture. 7 9. When the shop drawings have been completed to the satisfaction of the City, the 8 Contractor may carry out the construction in accordance therewith and no further 9 changes therein except upon written instructions from the City. 10 10. Each submittai, appropriately coded, will be returned within 30 calendar days i l following receipt of submittal by the City. 12 L. Mock ups 13 1. Mock Up units as specified in individual Sections, include, but are not necessarily 14 limited to, compiete units of the standard of acceptance for that type of Work to be 15 used on the Project. Remove at the completion of the Work or when directed. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 M. Qualifications l. If specificaily required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Use the Request for Information (RFI) form provided by the City. 3. Numbering of RFI a. Prefix with "RFI" followed by series number, "-xxx", beginning with "O1" and increasing sequentially with each additional transmittal. 4. Sufficient information shali be attached to permit a written response without further information. 5. The City will log each request and will review the request. a. If review of the project information request indicates that a change to the Contract Documents is required, the City will issue a Field Order or Change Order, as appropriate. CITY OF FORT WORTH Villagc Creck WRF Sccondary Clarifiers I-9 Weir Replacemcnt STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Projcct No. 01839 Revised July I, 201 I 013300-8 SUBMITTALS Page 8 of S 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED) 7 l.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3- EXECUTION [NOT USED] 11 f�►? END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 13 CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers I-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July I, 201 I 013513-1 SPECIAL PROIECT PROCEDURES Pagc I of 6 1 2 3 PART1- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SECTION Ol 35 13 SPECIAL PROJECT PROCEDURES A. Section Includes: l. The procedures for special project circumstances that includes, but is not limited to: a. Coordination with the Texas Department of Transportation b. Work near High Voltage Lines c. Confined Space Entry Program d. Air Pollution Watch Days e. Use of Explosives, Drop Weight, Etc. f. Water Department Notifcation g. Public Notification Prior to Beginning Construction h. Coordination with United States Army Corps of Engineers i. Coordination within Railroad permits areas j. Dust Control k. Empioyee Parking B. Deviations from this City of Fort Worth Standard Specification 1. See para�aph 1.1.A.1 for deletions. 2. See para�raph 12.A for deletions. 3. See para rg_aph 1.4 for deletions. 4. See E�ibits for deletions. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— Generai Requirements 3. Section 33 12 25 — Connection to Existing Water Mains 27 1.2 PRICE AND PAYMENT PROCEDURES 28 29 30 31 32 33 34 35 36 37 38 39 40 A. Measurement and Payment � C,,,.,.a:�.,+;,.., , >;��,;,, v.,;�,-,,.,a .. ,-.,.,;. „ o �. r,ro o.,� t\ TRo.,�,,,-o„�.o„r �.- rt,:� T+o.., ..:ii L.o t.<, t,,,,�.. � b. �y��e�� ,;11 t,o ...,:.�t f,- .,� rL,o 1,,,�.,�. � 0 1�.:.�1 f.- A �:1.-�,�.�1 (''...,,-l1;,�.�t;�,,, 6. TL.o ., o 1.;.] �l,.,ll : �1,,.]0: i � r,r„w:i;.,.,�;,... ZT�s�es��en �� c,.� �. *..,,:,,;.,� "��r�ie��ns�t�e� �� r.,�,,.-.,.,,.o �o,-�:�,..,,o� CITY OF FORT WORTH Village Creck WRF Secondary Clarificrs I-9 Wcir Rcplaccmcnt STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Projcct No. 01839 Revised [Insert Revision Date] 013513-Z SPECIAL PROJECT PROCEDURES Page 2 of 6 1 �� n��. * .,+oa , .;+�, o .,i ,-a;,,��;� ,;�w v,,:�,- .,a � 2 1.7' ,7,a'+' .,1 1,.�.00� .- ,-o.l 4., ...-.,ro..t tl,o ribl,4 �£ .,�. .,...i b 3 .-1. f'4t.o D.,:1.-.,...1 4'.-..w. .7.�r..n.�o .� r,� .�, +_ £.,.,.7/...- !'-.-�w. �L+� 4 „�,,-,,,.�;,,� „�*Ho p.-,,;o,.* S� D.,:1.-.,.,.a FI�rt,Y,o _ 6 &. A iT., ., r 7 7 1 T T .. „t 4'.,,- +L.; � T�o.., .,;11 1,0 ,�, .,,-7.;.... .7.,.. b `J' 8 �-��� 9 1l TL. 1� f' ,-.�.`.�1 ...,.7 ,�..,ra,-:.,1� �„-.,,; L.o.�l ;.. nr��rd..,,.,.o ...;tt, tL.;� T+a..� � ...,..� t,�.�.,_ ....__.. "'...'---�-_ '�-------- -- ----------- - --- --- -- -... 1� b b 11 C+� 12 �rt�e .,,-;,.o t�;a ��..,t� ;r,.t„ae. 13 , � �,,,,,-a;.,.,«:,,., � ,- �,.�.oa„�;,,,� �..,,....o., b b 14 '�\ ��ir 15 2\ llrt, .,�� � .,+o.�l .�.;rl, A�;Ir� 1 16 3. All other items 17 a. Work associated with these Items is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Reference Standards 21 1. Reference standards cited in this Specification refer to the current reference 22 standard published at the time of the latest revision date logged at the end of this 23 Specification, unless a date is specificaliy cited. 24 2. North Central Texas Council of Governments (NCTCOG) — Clean Construction 25 Specification 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 f� r a• +;,. ,;«�. +wo 'r, � r�o .,,,,Y,o.,* „��.. ,.�u�:��� 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 . �. - ._ .. - �- - - - ■� - - �- - B. Work near High Voltage Lines 1. Warning sign a. Provide sign of sufficient size meeting all OSHA requirements. 2. Equipment operating within 10 feet of high voltage lines will require the following safety features a. Insulating cage-type of guard about the boom or arm b. Insulator links on the lift hook connections for back hoes or dippers c. Equipment must meet the safety requirements as set forth by OSHA and the safety requirements of the owner of the high voitage lines 3. Work within 6 feet of high voltage electric lines a. Notification shall be given to: CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers I-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Ciry Project No. 01839 Revised [Insert Revision Date] 013513-3 SPECIAL PROJECT PROCEDURES Pa�c 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 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Q c. 1) The power company (example: ONCOR) a) Maintain an accurate log of all such cails to power company and record action taken in each case. Coordination with power company 1) After notification coordinate with the power company to: a) Erect temporary mechanical barriers, de-energize the lines, or raise or lower the lines No personnel may work within 6 feet of a high voltage line before the above requirements have been met. C. Confined Space Entry Program 1. Provide and follow approved Confined Space Entry Program in accordance with OSHA requirements. 2. Confined Spaces include: a. Manholes b. Ali other confined spaces in accordance with OSHA's Permit Required for Confined Spaces D. Air Pollution Watch Days 1. General a. Observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". b. Typical Ozone Season 1) May 1 through October 31. c. Critical Emission Time 1) 6:00 a.m. to 10:00 a.m. 2. Watch Days a. The Texas Commission on Environmental Quality (TCEQ), in coordination with the Nationai Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. b. Requirements 1) Begin work after 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. 2) However, the Contractor may begin work prior to 10:00 a.m. if: a) Use of motorized equipment is less than 1 hour, or b) If equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. E. Use of Explosives, Drop Weight, Etc. 1. When Contract Documents permit on the project the foliowing will apply: a. Public Notification 1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior to commencing. 2) Minimum 24 hour public notification in accordance with Section O l 31 13 F. Water Department Coordination 1. During the construction of this project, it wili be necessary to deactivate, for a period of time, existing lines. The Contractor shail be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines. CITY OF FORT WORTH Village Creek WRF Sccondary Clarificrs 1-9 Wcir Replacemcnt STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Projcct No. 01839 Reviscd [Insert Revision Date] 013513-4 SPECIAL PROJECT PROCEDURES Page 4 of 6 1 2. Coordinate any event that will require connecting to or the operation of an existing 2 City water line system with the City's representative. 3 a. Coordination shall be in accordance with Section 33 12 25. 4 b. If needed, obtain a hydrant water meter from the Water Department for use 5 during the life of named project. 6 c. In the event that a water valve on an existing live system be turned off and on 7 to accommodate the construction of the project is required, coordinate this 8 activity through the appropriate City representative. 9 1) Do not operate water line valves of existing water system. 10 a) Failure to comply will render the Contractor in violation of Texas Penal i i Code Title 7, Chapter 28.03 (Criminal Mischie fl and the Contractor 12 will be prosecuted to the full extent of the law. 13 b) In addition, the Contractor will assume all liabilities and 14 responsibilities as a result of these actions. 15 r. n �.i• rr +•f „«;,,., �.-:,.,-*„ ao,.;...,;.,,� r,,,,��n,,.r;,,., b 16 i. D' r L. t.-..,.+;.,., ., , b.1�,�L ;,, rl,o o�+ .,.. » ht....t. h� b.t....L b .. �....,.. ., _.,.," 17 �' -- -- -..a aoi; - -„�;,. ,- fl� „���,01 „a; �«,� ,.�;,.,, +,. u�� �'�u� -� r=r- Ic� - 19 �l..,il 1.,, .. ,-o.a .,� f 11...,,�. 2� � D * t' fl '7 .7..J 1 ,- r., L.o� � . „ot,-.,��o.,�.,..r:<.;h. ., .,..1, 21 - 22 i� n � *wa r,..,*,...,.*,,,-> >+,o.-wo.,a a� t,,,�o r�,o f n�... rTz-rcpurczxpervrrcn�.�rcrccccvx ��cccnxcumiixa iixc......, ..� �.,.. :.b 23 �� 24 .,� rr.,.,.o „��..,,:o,.+ 25 �.� r:h, u,-,,:o,.� rr„ �r�n�.T� 26 E\ �`...,..a ..FD.-,.;o..+ (; o �-...,o .�f ��>,oi�,-.,�tio�.,..ti.,;tt>l Z% .a\ A..�,,.,1 .. „��.�.,..*:.,,, .a,,,-.,r;.,., , .:*1,;.. *}.o L,1.�`.lr Zg1 TT ..�FH,o ...,..t,-....t.,,-'� f'.,,-a,�.,�„ �,,.a ,�,1,�.,0 ,�„»bho_r 29 � rr ,.�«�,o r;+�,>� ; o,.+,,,- .,,,a ..t,,,,,o „ ,,,t,a,- 30 �\ * < + t:,.,, +;f,..,«:,,,,> f1 ' rr ,.1,Q�L� �.,t,;l.:r 31 -T� �3��3��e 6� c�8-Prc-cviz�craccroxrzxvazrccc�zvri—ir`pcizo-c'� 'u 32 � 33 z� c �, •� t, a i w „�i,o �,...,,.*:,, �«,,,-t .,.,a f;,, ��, *;,,,o f o� 34 - 35 n� r� i• fl.�.. +„ ��,o �:«.. Tr�..o,.�,,,. �,..-o.,;o.,..,n,,,- *�_a;�*..:i..,+_,,., -r�—nc... ��. �.� �_ ..., ...._ �..� .�_"t,___.._ _�_ -- -- •• r---- -- --- 36 b. rr + «• •ii w .,,�,...,�a +,. �.o,�:., „ �, �,i„�U ,..,*;i +wv ��.o.- ;� ., ... . 37 ao�;.,o,-oa «„ .,i� .- �;,�a..«� „��wo wi,,,.v 38 is n w�• rr �•�- �• „�'ro .. ,-., �z�.,,o,- co r„�o „t; a, ,� r,,.,�,,-,,,.+:,.., xz mr� � 't' „o 39 } r +�. * •+ w , *„ �o ..:i, ��,,,� ,�„ .,+ � 40 •a � �. • a,,,.:.,,� ,.,...��..,,,.,;,.,, ....o..,,.-o .,,,a ao�;�.o,. � n„t;,.e ,... fl<,o.. ,.�- .,..�_-...,, .,_ ,,...,____.,.,_., _.v_--a ---------------� r—r--- -- ---- -- - .,��, �,� 41 rt, a: .,+o .,+;,.., +,. *t,o �-,,,,r ,1„ „f o.,�?: :�� �+�`� :.,.,.a�::'. � 42 � n..o,..,.-oa ,,,,�;,.o .,� f tt,,..,�_ r �r�, +•� ,.:,,., fl<,o.. w i� �, +oa �.� �, ' r< i�� fo.....,,...,.... 43 ct. rncZxvtrricucrorr-vir-rt,fcz aaun-v�c-1"ivacccc .: r xxvax��zxoi v. ......t,.,...., 44 ��e� 45 � p��r..._ fl, _. .,.. }�_ _�- *'�--_+--_ � �-'�--�'--`� -- `� ----�-`�- «i,o f_�i„ _ ,. _� __ _ - -- -- - - - - ^o 46 �€e�= 47 �.r., „� *t, o �f 48 7\ !"';*., D.-.,;o..t TT,,.�,L.o,- CITY OF FORT WORTH Village Crcek WRF Secondary Clarifiers 1-9 Weir Replacemcnt STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised [Insert Revision Date] O1 35 13 - 5 SPECIAL PROJECT PROCEDURES Pagc 5 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1� ���[J�l�. . � '- . . . . �- - e e • !�itesr.� . •�.�i � b �� . ._ 18 �. n � i,,,.,,�;�„� ;., .t�o .. ,.+ <.,Ho,-o ,. �+..,,,.,;,,., .,,.*:,,:*;o� „ ..�,e 19 , 20 ��'�p :� -r�.;� : ,.�„ao� �.,,+ ; „« i;.Y.;*aa *„ „ � f — 21 �. ��� 22 b. �spes�e�s 23 6. c„� h. +.-„ 24 �. A��t�e~���s�t�se 25 2. r„ o.+;�,..,+o� 26 € n.wo.- o ..�,,.,00� ,. ,-ea *„ .,,-„+o,.� +�.o .-.��.+ „�.,..,., .,�a .. „o,-k, „�*t,o 27 v.,:t,-,,,,a r,.......,.,.. �-,..,.. ,i.,....,,.o ., ,.+ „f'.,.,,t/,,.- �-,,.,, *t,o ,. „�r,-.,�r;�Y, „f' 28 ��e-��es�. �,.,,..�.. ,.�;�;,�. ,.�o.,,..,.,,.o ... ,.va,,.-o� �w.,�� �,o , oa ; ,,,-,��. 29 . 30 � n�.�., .,�o o..+„i .,� .,+;,, ooaoa �„ „�. ,;*�, �t,o ;�.- �,��� 31 �eq��� 32 �. v.,:�,.,,.,a ��.,,,Y,.,o.. 33 . b b 34 . 35 36 37 38 K. Dust Control 1. Use acceptable measures to control dust at the Site. a. If water is used to controi dust, capture and properly dispose of waste water. b. If wet saw cutting is performed, capture and properly dispose of siurry. 39 L. Employee Parking 40 1. Provide parking for employees at locations approved by the City. 41 1.5 SUBMITTALS [NOT USED] 42 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 43 1.7 CLOSEOUT SUBMITTALS [NOT USED] 44 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] CITY OF FORT WORTH Village Creek WRF Secondary Clarificrs 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Rcvised [Insert Revision Date] 01 35 13 - 6 SPECIAL PROJECT PROCEDURES Page 6 of 6 1 1.9 QUALITY ASSURANCE [NOT USED] 2 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 3 1.11 FIELD [SITE] CONDITIONS [NOT USED] 4 1.12 WARRANTY [NOT USED] 5 PART 2- PRODUCTS [NOT USED] 6 PART 3- EXECUTION [NOT USED] 7 0 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE July 2011 0 CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Rcplacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Projcct No. 01839 Revised [Insert Revision Datc] 014523-1 TESTING AND INSPECTION SERVICES Page 1 of 2 1 2 3 PARTl- GENERAL SECTION 0145 23 TESTING AND INSPECTION SERVICES 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Testing and inspection services procedures and coordination 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 10 11 12 1.2 13 14 15 16 17 18 19 20 21 22 23 24 25 1.3 C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payxnent for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 28 29 30 31 32 33 34 35 36 37 38 A. Testing l. Complete testing in accordance with the Coniract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another extemal FTP site approved by the City. CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 01 45 23 - 2 TESTING AND INSPECTION SERVICES Page 2 of Z 1 2 3 4 5 6 7 8 9 10 11 12 13 14 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City's Project Representative 4. Provide City's Project Representarive with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered 15 B. Inspection 16 1. Inspection or lack of inspection does not relieve the Contractor from obligation to 17 perform work in accordance with the Contract Documents. 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] ZO 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSi:f12ANCE [NOT USED] 23 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 24 25 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WA,RItE1NTY [NOT USED] 26 PART 2- PRODUCTS [NOT USED] 27 PART 3- EXECUTION [NOT USED] � 29 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 30 CITY OF FORT WORT`H Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 o� so 00 - i TEMPORARY FACILITIES AND CONTROLS Page i of 4 1 2 SECTION 0150 00 TEMPORARY FACILITIES AND CONTROLS 3 PART1- GENERAL 4 l.l SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1.2 A. Section Includes: 1. Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a. Temporary utilities b. Sanitary facilities c. Storage Sheds and Buildings d. Dust conirol e. Temporary fencing of the construction site f. TemQorary field office B. Deviations from this City of Fort Worth Standard Specification l. See �araQraph 1.1.A.1 for additions. 2. See para�ranh 1.4.G for additions. C. Related Specification Sections include, but aze not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements PRICE AND PAYMENT PROCEDURES 21 A. Measurement and Payment 22 l. Work associated with this Item is considered subsidiary to the various Items bid. 23 No sepaxate payment will be allowed for this Item. 24 1.3 REFERENCES [NOT USED] 25 1.4 ADMINISTRATIVE REQUIREMENTS 26 27 28 29 30 31 32 33 34 35 36 37 38 A. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July I, 2011 015000-2 TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 3'7 38 39 40 41 42 43 44 45 3 4 5. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City's Project Representatives. c. Coordination 1) Contact City 1 week before water for construction is desired d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City's established rates. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work_ 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or fizmishing services at Site. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a_ Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge wiil be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off-site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings l. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings_ 6. Remove building from site prior to Final Acceptance. CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 Oi 5000-3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. Temporary Fencing 1. Provide and maintain for the duration or construction when required in contract documents E. Dust Control 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on-call at all times b. Must respond in a timely manner F. Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. G. Temporar�Field Office 1. A temporary field o�ce mav be established on site selected bv the Contractor and approved b�the En�ineer adequately furnished and maintained in a clean, orderlv condition bv the Contractor. 2. The Contractor shall supplv all fuel for heatin� and pay all electrical bills for Contractor facilities. 3. The Contractor shall provide telephone service in the field office that i.ncludes appropriate voice mail and fax ca�abilities if a field office is established. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE (NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] l.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] 29 PART 3- EXECUTION [NOT USED] 30 3.1 INSTALLERS [NOT USED] 31 3.2 EXAMINATION [NOT USED] 32 3.3 PREPARATION [NOT USED] 33 3.4 INSTALLATION 34 A. Temporary Facilities CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July t, 2011 i 2 3 01 50 00 - 4 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1. Maintain all temporary facilities for duration of construction activities as needed. 3.5 [REPAIR] / [RESTORATION] 3.6 RE-INSTALLATION 4 3.7 FIELD (ox] SITE QUALITY CONTROL [NOT USED] 5 3.8 SYSTEM STARTUP (NOT USED] 6 3.9 ADJUSTING [NOT USED] 7 3.10 CLEANING [NOT USED] 8 3.11 CLOSEOUT ACTIVITIES 9 A. Temporary Facilities 10 1. Remove all temporary facilities and restore area after completion of the Work, to a 11 condition equal to or better than prior to start of Work. 12 3.12 PROTECTION [NOT USED] 13 3.13 MAINTENANCE [NOT USED] 14 3.14 ATTACHMENTS [NOT USED] 15 16 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 17 CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July I, 2011 015813-1 TEMPORARY PROJECT SIGNAGE Page 1 of 3 � 3 PART1- GENERAL 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SECTION Ol 5813 TEMPORARY PROJECT SIGNAGE 1.1 SUMMARY A. Section Includes: 1. Temporary Project Signage Requirements B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUSMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART2- PRODUCTS 2.1 OWNER-FURNISHED [oRJ OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 EQUIPMENT, PRODUCT TYPES, AND MATERIALS A. Design Criteria 1. Provide free standing Project Designation Sign in accordance with City's Standard Details for project signs. CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers l-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 015813-2 TEMPORARY PROJECT SIGNAGE Page 2 of 3 1 B. Materials 2 1. Sign 3 a. Constructed of 3/a-inch fir plywood, grade A-C (exterior) or better 4 2.3 ACCESSORIES [NOT USED] 5 2.4 SOURCE QUALITY CONTROL [NOT USED] 6 PART 3 - EXECUTION 7 3.1 INSTALLERS [NOT USED] 8 3.2 EXAIVIINATION [NOT USED] 9 3.3 PREPARATION [NOT USED] 10 3.4 INSTALLATION 11 A. General 12 1. Provide vertical installation at extents of project. 13 2. Relocate sign as needed, upon request of the City. 14 B. Mounting options 15 a. Skids 16 b_ Posts 17 c. Barricade 18 3.5 REPAIR / RESTORATION [NOT USED] 19 3.6 RE-INSTALLATION [NOT USED] 20 3.7 FIELD [ox] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED) 23 3.10 CLEANING [NOT USED] 24 3.11 CLOSEOUT ACTIVITIES [NOT USED] 25 3.12 PROTECTION [NOT USED] 26 3.13 MAINTENANCE 27 A. General 28 1. Maintenance will include painting and repairs as needed or directed by the City. 29 3.14 ATTACHMENTS (NOT USED] 30 31 END OF SECTION CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July I, 2011 O1 58 13 - 3 TEMPORARY PROJECT SIGNAGE Page 3 of 3 0 0 CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers i-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July l, 2011 O 1 66 00 - I PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 3 1 2 SECTION Ol 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PART1- GENERAL 4 l.l SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payxnent 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 22 1.5 SUBMITTALS (NOT USED] 23 1.6 ACTION SUBMITTALS/INFORMATIONAL SUSMITTALS [NOT USED] 24 25 26 27 28 29 30 31 32 33 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A_ Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2_ Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers I-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 201 I 016600-2 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 3 1 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 2 containers designed and constructed to protect the contents from physical or 3 environmental damage. 4 5. Clearly and fully mark and identify as to manufacturer, item and installation 5 location. 6 6. Provide manufacturer's instructions for storage and handling. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 7. 30 8. 31 32 33 9. 34 10 35 36 37 38 39 40 B. Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer's recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer's recoxnmendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3 4. 5 Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. Restrict storage to areas available on constnzction site for storage of material and equipment as shown on Drawings, or approved by City's Project Representative. Provide off-site storage and protection when on-site storage is not adequate. a. Provide addresses of and access to off-site storage locations for inspection by City's Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. Store in manufacturers' unopened containers. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. Keep public and private driveways and street crossings open. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City's Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City's Project Representative. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] 41 PART 2- PRODUCTS [NOT USED] CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 201 I 016600-3 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 3 1 PART 3 - EXECUTION 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 28 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [ox] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non-Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION CITY OF FORT WORTH Viliage Creek WRF Secondary Ciarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 017423-I CLEANING Page I of 4 1 2 3 PART1- GENERAL 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 SECTION Ol 74 23 CLEANING 1.1 SUMMARY A. Section Includes: 1. Intermediate and fmal cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 3. Section 32 92 13 — Hydro-Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USEDJ 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July l, 2011 01 74 23 - 2 CLEANING Page 2 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY (NOT USED] 3 PART2- PRODUCTS 4 2.1 OWNER-FURNISHED [oR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 5 2.2 MATERIALS 6 A. Cleaning Agents 7 1. Compatible with surface being cleaned 8 2. New and uncontaminated 9 3. For manufactured surfaces 10 a. Material recommended by manufacturer 11 2.3 ACCESSORIES [NOT USED] 12 2.4 SOURCE QUALITY CONTROL [NOT USED] 13 PART 3 - EXECUTION 14 3.1 INSTALLERS [NOT USED] 15 3.2 EXAMINATION [NOT USED] 16 3.3 PREPARATION [NOT USED] 17 3.4 APPLICATION [NOT USED] 18 3.5 REPAIR / RESTORATION [NOT USED] 19 3.6 RE-INSTALLATION [NOT USED] 20 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 24 25 26 27 28 29 30 31 32 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storxn or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an altemate manner approved by City and regulatory agencies. CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Ciry Project No. 01839 Revised July 1, 2011 01 74 23 - 3 CLEANING Page 3 of 4 1 6. Handle materials in a controlled manner with as few handlings as possible. 2 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 3 this project. 4 8. Remove all signs of temporary construction and activities incidental to construction 5 of required permanent Work. 6 9. If proj ect is not cleaned to the satisfaction of the City, the City reserves the right to 7 have the cleaning completed at the expense of the Contractor. 8 10. Do not burn on-site. 9 B. Intermediate Cleaning during Construction 10 1. Keep Work areas clean so as not to hinder health, safety or convenience of 11 personnel in existing facility operations. 12 2. At ma.lcimum weekly intervals, dispose of waste materials, debris and rubbish. 13 3. Confine construction debris daily in strategically located container(s): 14 a. Cover to prevent blowing by wind 15 b. Store debris away from construction or operational activities 16 c. Haul from site at a minimum of once per week 17 4. Vacuum clean interior areas when ready to receive finish painting. 18 a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 19 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 20 may become airborne or transported by flowing water during the storm. 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 C. Interior Final Cleaning 1. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other foreign materials from sight-exposed surfaces. 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 3. Wash and shine glazing and mirrors. 4. Polish glossy surfaces to a clear shine. 5. Ventilating systems a. Clean permanent filters and replace disposable filters if units were operated during construction. b. Clean ducts, blowers and coils if units were operated without filters during construction. 6. Replace all burned out lamps. 7. Broom clean process area floors. 8. Mop office and control room floors. D. Exterior (Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a. Re-seed areas disturbed by locarion of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. CTTY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 Ol 74 23 - 4 CLEANING Page 4 of 4 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10 CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 01 77 19 - 1 CLOSEOiJT REQUIREMENTS Page 1 of 3 1 2 3 PARTl- GENERAL 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 SECTION O1 7719 CLOSEOUT REQUIREMENTS l.l SUMMARY A. Section Includes: 1. The procedure for closing out a contract B. Deviations from this City of Fort Worth Standard Specification l. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Guazantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. 1.5 SUBMITTALS A. Submit all required docuxnentation to City's Project Representative. 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] 30 PART 3 - EXECUTION 31 3.1 INSTALLERS [NOT USED] 32 3Z EXAMINATION [NOT USED] CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS City Project No. 01839 Revised July l, 201 I OI 77 19 -2 CLOSEOUT REQUIREMENTS Page 2 of 3 3.3 PREPARATION [NOT USED] 2 3.4 CLOSEOUT PROCEDURE 3 A. Prior to requesting Final Inspection, submit: 4 1. Project Record Documents in accordance with Section O1 78 39 5 6 7 8 2. Operation and Maintenance Data, if required, in accordance with Section O1 78 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section O1 74 23. C. FinalInspection 9 1. After fmal cleaning, provide notice to the City Project Representative that the Work 10 is completed. 11 a. The City will make an initial Final Inspection with the Contractor present. 12 b. Upon completion of this inspection, the City will notify the Contractor, in 13 writing within 10 business days, of any particulars in which this inspection 14 reveals that the Work is defective or incomplete. 15 2. Upon receiving written notice from the City, immediately undertake the Work 16 required to remedy deficiencies and complete the Work to the satisfaction of the 17 City. 18 19 20 21 22 23 24 25 26 2� 28 29 30 31 32 3 4. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. Provide all speciai accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f. Vault keys g. Handwheels h. Other expendable items as required for initial start-up and operation of all equipment 33 D. Notice of Project Completion 34 1. Once the City Project Representative finds the Work subsequent to Final Inspection 35 to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). 36 37 38 39 40 41 42 43 44 45 E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) f. Contractor's Evaluation of City g. Performance Evaluation of Contractor CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 01 77 19 - 3 CLOSEOUT REQUIREMENTS Page 3 0£ 3 1 F. Letter of Final Acceptance 2 1. Upon review and acceptance of Notice of Project Completion and Supporting 3 Documentation, in accordance with General Conditions, City will issue Letter of 4 Final Acceptance and release the Final Payment Request for payment. 5 3.5 REPAIR / RESTORATION [NOT USED] 6 3.6 RE-INSTALLATION [NOT USED] 7 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 8 3.8 SYSTEM STARTUP [NOT USED] 9 3.9 ADJUSTING [NOT USED] 10 3.10 CLEANING [NOT USED] 11 3.11 CLOSEOUT ACTIVITIES [NOT USED] 12 3.12 PROTECTION [NOT USED] 13 3.13 MAINTENANCE [NOT USED] 14 3.14 ATTACHMENTS [NOT USED] 15 END OF SECTION 16 17 CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers I-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 01 78 23 - 1 OPERATION AND MAINTENANCE DATA Page 1 of 5 1 2 3 PART1- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1.2 37 38 39 SECTION Ol 78 23 OPERATION AND MAINTENANCE DATA A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Fiberglass Weirs and Baffles b. r,..,��,.., r,..,*,.,.i�or� ir,, we „ �.,*oa t,<. �He r•;� � B. Deviations from this City of Fort Worth Standard Specification 1. See para�raph 1 1.A.2 for additions and deletions to products. 2. See para�raph 1.1.D for additions. 3. Seeparagranh 1.S.B and C for additions. 4. See paragraph 1.6.A.2.f.2.d for additions. 5. See parag,raph 1.6.A.4 for deletions. 6. See para�raph 1.6.B.l.d for chan�es. 7. See para�raph 1.6.D.2 for additions. 8. See para�ph 1 6 D 3.c for additions and changes. 9. See para�raph 1 6 D.4.e for additions and chan e�s. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements D. Definitions 1. Operations and Maintenance Data: All �roduct related information and documents which are required for prenazation of the plant operation and maintenance manual. This information shall be supplied bv the manufacturer for initial use durin� testin� and start-up. 2. Preventative Maintenance Instructions: All information and instructions required bv plant personnel to keeQa vroduct orpiece of e�uinment pro�erlv lubricated adiusted and otherwise maintained so that the item functions economicallv throu�hout its full design life. 3. Corrective Maintenance: All information and instructions required bv vlant personnel to repair aproduct or�iece of equipment in the field. PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment wili be allowed for this Item. CI1'1' OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CiTy Project No. 01839 Revised July 1, 2011 01 78 23 - 2 OPERATION AND MAINTENANCE DATA Page 2 of 5 1.3 REFERENCES [NOT USED] 2 1.4 ADMINISTRATIVE REQUIREMENTS 3 4 5 A. Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 6 1.5 SUBMITTALS 7 8 9 10 11 12 A. Submittals sha11 be in accordance with Section O1 33 00 Submittal Procedures. All submittals shall be approved by the City prior to delivery. B. Adequate Operations and Maintenance Data shall be submitted and approved before training, initial testin� and start-u� C. Final Operations and Maintenance Manuals shall be submitted and clearlv identified in both electronic and hard copv documents. 13 1.6 INFORMATIONAL SUBMITTALS 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 A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8'h inches x 11 inches b. Paper 1) 40 pound minunum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer's printed data, or neatly typewritten d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e. Provide fly-leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment_ 2) Provide indexed tabs. f. Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual d) Plant desi�nated Equipment Repair Number (ERNI 3. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. �������Provide an electronic form of the O&M Manual. B. Manual Content CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers i-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Ciry Project No. 01839 Revised July 1, 2011 01 78 23 - 3 OPERATION AND MAINTENANCE DATA Page 3 of 5 1 1. Neatly typewritten table of contents for each volume, arranged in systematic order 2 a. Contractor, name of responsible principal, address and telephone number 3 b. A list of each product required to be included, indexed to content of the volume 4 c. List, with each product: 5 1) The name, address and telephone number of the subcontractor or installer 6 2) A list of each product required to be included, indexed to content of the 7 volume 8 3) Identify area of responsibility of each 9 4) Local source of supply for parts and replacement 10 d. Identify each product by product name. ERN and other identifying symbols as 11 set forth in Contract Documents. 12 2. Product Data 13 a. Include only those sheets which are pertinent to the specific product. 14 b. Annotate each sheet to: 15 1) Clearly identify specific product or part installed 16 2) Clearly identify data applicable to installation 17 3) Delete references to inapplicable information 18 3. Drawings 19 a. Supplement product data with drawings as necessary to clearly illustrate: 20 1) Relations of component parts of equipment and systems 21 2) Control and flow diagrams 22 b. Coordinate drawings with information in Project Record Documents to assure 23 correct illustration of completed installation. 24 c. Do not use Project Record Drawings as maintenance drawings. 25 4. Written text, as required to supplement product data for the particular installation: 26 a. Organize in consistent format under separate headings for different procedures. 27 b. Provide logical sequence of instructions of each procedure. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 O1 78 23 - 4 OPERATION AND MAINTENANCE DATA Page 4 of 5 1 b. Instructions for inspection, maintenance and repair 2 D. Manual for Equipment and Systems 3 1. Submit 5 copies of complete manual in fmal forxn. 4 2_ Submit specific manual information for the s�ecific application and location, avoid 5 submittin�generic or typical manual information if it is not applicable. 6 3. Content, for each unit of equipment and system, as appropriate: 7 a. Description of unit and component parts 8 1) Function, normal operating characteristics and limiring conditions 9 2) Performance curves, engineering data and tests 10 3) Complete nomenclature and commercial number of replaceable parts 11 b. Operating procedures 12 1) Start-up, break-in, routine and normal operating instructions 13 2) Regulation, control, stopping, shut-down and emergency instructions 14 3) Sumxner and winter operating instructions 15 4) Special operating instructions 16 c. Maintenance procedures 17 1) Routine operations 18 2) Preventative maintenance schedule 19 3) Guide to "trouble shooting" 20 4) Corrective maintenance: 21 a) Disassembly, repair and reassemblv 22 b) Alignment, adjusting and checkin� 23 d. Servicing and lubrication schedule 24 1) List of lubricants required 25 e. Manufacturer's printed operating and maintenance instructions 26 f. Description of sequence of operation by control manufacturer 27 1) Predicted life ofparts subject to wear 28 2) Items recommended to be stocked as spaze parts 29 g. As installed control diagrams by controls manufacturer 30 h. Each contractor's coordination drawings 31 1) As installed color coded piping diagraxns 32 i. Charts of valve tag numbers, with location and function of each valve 33 j. List of original manufacturer's spare parts, manufacturer's current prices, and 34 recommended quantities to be maintained in storage 35 k. Other data as required under pertinent Sections of Specifications 36 37 38 39 40 41 42 43 44 45 46 47 48 4. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communicarions c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequencesrequired CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 201 I 017823-5 OPERATION AND MAINTENANCE DATA Page 5 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Preventative maintenance schedule 3) Guide to "trouble shooting" 4) Corrective maintenance: a) Disassemblv repair and reassemblv b) Ad�ustment and checkin� f. Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 5. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 1.7 CLOSEOUT SUSMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 17 1.9 QUALITY ASSURANCE 18 A. Provide operation and maintenance data by personnel with the following criteria: 19 1. Trained and experienced in maintenance and operation of described products 20 2. Skilled as technical writer to the extent required to communicate essential data 21 3. Skilled as draftsman competent to prepare required drawings 22 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 23 l.11 FIELD [SITE] CONDITIONS [NOT USED] 24 1.12 WARRANTY [NOT USED] 25 PART 2- PRODUCTS [NOT USED] 26 PART 3- EXECUTION [NOT USED] 27 28 DATE NAME 29 END OF SECTION Revision Log SUMMARY OF CHANGE CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 01 78 36 - 1 WARRANTIES AND BONDS Pagc 1 of 3 1 2 3 PARTl- GENERAL 4 1.1 SCOPE OF WORK 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 SECTION O1 '78 36 WARRANTIES AND BONDS A. This Section specifies general administrative and procedural requirements for warran- ties and bonds required by the Contract Documents, including Standard and Special Warranties. B. Special Warranties, if required, will be specified in individual sections of these Tech- nical Specifications. The equipment manufacturer shall provide an extended warranty period of additional years when specified, from the end of the one-year warranty period provided by the Contractor. The extended warranty shall cover all parts of the equip- ment, and parts and labor for replacement parts, shipping costs of the parts and equip- ment, manufacturer's fieid services for restoring the equipment to full and complete operability, and all other costs incidental to the warranty coverage. The manufacturer shail provide a report on each warranty request by the Owner detailing diagnosis of the problem and the action taken to remedy the issue. The Owner reserves the right to have the equipment repaired by other than equipment manufacturer during the extended war- ranty period should the equipment manufacturer be non-responsive to correct the prob- lem. The equipment manufacturer shall be responsible for the costs associated with equipment repair performed by other than equipment manufacturer. C. The Contractor shall submit documentation for Speciai Warranties from manufacturers that is specific to the stipulations of the Contract Documents. 23 1.2 RELATED WORK 24 A. Refer to Conditions of Contract for the general requirements relating to warranties and 25 bonds. 26 B. General closeout requirements are included in Section 01700. 27 1.3 SUBMITTALS 28 A. Submit written warranties to the Owner or Owner's Representative prior to the date 29 iixed by the Owner or Owner's Representative for Substantial Completion. If the Certif- 30 icate of Substantial Compietion designates a commencement date for warranties other 31 than the date of Substantiai Completion for the Work, or a designated portion of the 32 Work, submit written wananties upon request of the Owner or Owner's Representative. 33 B. When a designated portion of the Work is completed and occupied or used by the Own- 34 er, by separate agreement with the Contractor during the construction period, submit 35 properly executed warranties to the Owner or Owner's Representative within 15 days of 36 completion of that designated portion of the Work. 37 C. When a Special Warranty is required to be executed by the Contractor, or the Contrac- 38 tor and a subcontractor, supplier or manufacturer, prepare a written document that con- 39 tains appropriate terms and identification, ready for execution by the required parties. 40 Submit a draft to the Owner or Owner's Representative for approval prior to final ex- 41 ecution. Villagc Crcck WRF Sccondary Clarificrs 1-9 Weir Replacemcnt Ciry Project No. 01839 01 78 36 - 2 WARRANTIES AND BONDS Pa�e Z of 3 1 D. Refer to individual Sections of Divisions 2 through 16 for specific content require- Z ments, and particular requirements for submittal of special warranties. 3 E. At Final Completion compile two copies of each required warranty and bond properly 4 executed by the Contractor, or by the Contractor's, subcontractor, supplier, or manufac- 5 turer. Organize the warranty documents into an orderiy sequence based on the table of 6 contents of the Technical Specifications. 7 F. Bind warranties and bonds in heavy-duty, commercial quality, durable 3-ring vinyi 8 covered loose-leaf binders, thickness as necessary to accommodate contents and sized 9 to receive 8-1/2-in by 11-in paper. 10 G. Table of Contents: Neatly typed, in the sequence of the Table of Contents of the Tech- 11 nical Specifications, with each item identified with the number and title of the Section 12 in which specified and the name of the product or work item. 13 H. Provide heavy paper dividers with celluloid covered tabs for each separate warranty. 14 Mark the tab to identify the product or installation. Provide a typed description of the 15 product or installation, including the name of the product and the name, address and tel- 16 ephone number of the installer, supplier and manufacturer. 17 I. Identify each binder on the front and the spine with the typed or printed title 18 "WARRANTIES AND BONDS", the Project title or name and the name, address and 19 telephone number of the Contractor. 20 J. When operating and maintenance manuals are required for warranted construction, pro- 21 vide additional copies of each required warranty, as necessary, for inciusion in each re- 22 quired manual. 23 1.4 WARRANTY REQUIREMENT 24 A. Related Damages and Losses: When correcting warranted work that has failed, remove 25 and replace other work that has been damaged as a result of such failure or that must be 26 removed and replaced to provide access for correction of warranted work. 27 B. Reinstatement of Warranty: When work covered by a warranty has failed and been cor- 28 rected by replacement or rebuilding, reinstate the warranty by written endorsement. The 29 reinstated warranty shall be equal to the original warranty with an equitable adjustment 30 for depreciation. 31 C. Replacement Cost: Upon determination that work covered by a warranty has failed, re- 32 place or rebuild the work to an acceptable condition complying with requirements of 33 Contract Documents. The Contractor is responsible for the cost of replacing or rebuild- 34 ing defective work regardless of whether the Owner has benefited from use of the work 35 through a portion of its anticipated useful service life. 36 D. Owner's Recourse: Written warranties made to the Owner are in addition to implied 37 warranties, and shall not limit the duties, obligations, rights and remedies otherwise 38 available under the law, nor shall warranty periods be interpreted as limitations on time 39 in which the Owner can enforce such other duties, obligations, rights, or remedies. 40 E. Rejection of Wananties The Owner reserves the right to reject warranties and to limit 41 selections to products with warranties not in conflict with requirements of the Contract 42 Documents. Villa�e Creck WRF Secondary Clarificrs I-9 Weir Replacement City Project No. 01839 01 78 36 - 3 WARRANTIES AND BONDS Pa�e 3 of 3 1 F. The Owner reserves the right to refuse to accept work for the Project where a special 2 warranty, certification, or similar commitment is required on such work or part of the 3 work, until evidence is presented that entities required to countersign such commit- 4 ments are willing to do so. 5 G. Disclaimers and Limitations: Manufacturer's disclaimers and limitations on product 6 warranties do not relieve the Contractor of the warranty on the work that incorporates 7 the products, nor does it relieve suppliers, manufacturers and subcontractors required to 8 countersign special warranties with the Contractor. 9 H. In the event that immediate repairs are necessary to continue operations of the facility, 10 the Owner reserves the right to cause those repairs to be made and hold the Contractor 11 liable for the expense of such repairs. In such a case, every reasonable effort will be 12 made by the Owner to notify the Contractor in advance but, failure of such notification 13 shall not constitute a waiver of the Contractor's liability. In any case, the Contractor 14 will be notified as soon as reasonably possible of the need for such repairs. 15 1.5 DEFINITIONS 16 A. Standard Product Warranties are preprinted written warranties published by individual 1� manufacturers for particular products and are specifically endorsed by the manufacturer 18 to the Owner. 19 B. Special Warranties are written warranties required by or incorporated in the Contract 20 Documents, either to extend time limits provided by standard warranties or to provide 21 greater rights for the Owner. 22 PART 2- PRODUCTS (NOT USED) 23 PART 3- EXECUTION (NOT USED) 24 25 END OF SECTION Villagc Crcck WRF Secondary Clarifiers l-9 Weir Replacement Ciry Project No. 01839 01 78 39 - 1 PROJECT RECORD DOCUMENTS Page I of 4 1 2 3 PART1- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 17 SECTION Ol 78 39 PROJECT RECORD DOCIJMENTS A. Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No sepazate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS (NOT USED] 23 1.5 SUBMITTALS 24 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 25 City's Project Representative. 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 30 31 32 33 34 35 36 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other pocuments where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers I-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July l, 2011 01 78 39 - 2 PROJECT RECORD DOCUMENTS Page 2 of 4 1 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 2 information that the change has occurred. 3 4. Provide factual information regarding all aspects of the Work, both concealed and 4 visible, to enable future modification of the Work to proceed without lengthy and 5 expensive site measurement, investigation and examination. 6 1.10 STORAGE AND HANDLING 7 8 9 10 11 12 13 14 15 16 A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED) 1.12 WARRANTY [NOT USED] 17 PART 2 - PRODUCTS 18 2.1 OWNER-FURNISHED [oR] OWNER-SUPPLIED PRODUCTS [NOT USED] 19 20 21 22 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of a11 Documents comprising the Contract. 23 B. Final Record Documents 24 1. At a time nearing the completion of the Work and prior to Final Inspection, provide 25 the City 1 complete set of a11 Final Record Drawings in the Contract. 26 2.3 ACCESSORIES [NOT USED] 27 2.4 SOURCE QUALITY CONTROL [NOT USED) 28 PART 3 - EXECUTION 29 3.1 INSTALLERS [NOT USED] 30 31 32 33 34 35 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 017839-3 PROJECT RECORD DOCUMENTS Page 3 of4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 4� 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum, in accordance with the intervals set forth in Section O1 71 23, clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a"cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the fmal physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c_ The City may waive the requirements for conversion of schemaric layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents 1. Transfer of data to Drawings a_ Carefully transfer change data shown on the job set of Record Drawings to the conesponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 O1 7839-4 PROJECT RECORD DOCUMENTS Page 4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a Call attention to each entry by drawing a"cloud" around the area or areas affected. d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other pocuments a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Docuxnents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [ox] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE ►i� CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers I-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 Division 02 Existing Conditions THIS PAGE LEFT INTENTIONALLY BLANK Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement City Project No. 01839 02 41 00 - 1 DEMOLITION AND MODIFICATIONS Pagc 1 of 4 1 2 3 PARTl- GENERAL 4 1.1 SCOPE OF WORK 5 6 7 8 9 10 11 12 13 14 15 16 17 m 19 20 Z1 22 SECTION 02 41 00 DEMOLITION AND MODIFICATIONS A. Fumish all labor, materials, equipment and incidentals required to dismantle, demolish, modify, remove and dispose of work shown on the Drawings and as specified herein. B. Included, but not limited to, are demolition, modifications and removal of existing ma- terials, equipment or work necessary to install the new work as shown on the Drawings and as specified herein and to connect with existing work in approved manner. C. Demolition, modifications and removals which may be specified under other Sections shall conform to requirements of this Section. D. Demolition and modifications include: 1. Remove and dispose of existing fiberglass weirs and scum baffles from Secondary Clarifiers 1-4 and 6-9. 2. Remove and dispose of existing galvanized steel weirs and scum baffles from Sec- ondary Clarifier 5. 3. Cut existing anchor bolts and apply repair mortar. E. Blasting and the use of explosives will not be permitted for any demolition work. F. Contractor shall visit site the site of the work and examine the premises so as to fully understand ail of the existing conditions relative to the Work. No increase in cost or ex- tension of performance time will be considered for failure to know the conditions of the site and structures. 23 1.2 RELATED WORK 24 A. Summary of Work is inciuded in Section O1 11 00. 25 B. Submittals are inciuded in Section 01 33 00. 26 C. Construction Progress Schedule is included in Section O1 32 16. 27 1.3 SUBMITTALS 28 29 30 31 32 33 34 35 36 37 38 A. Submit, in accordance with Section O1 33 00, six copies of proposed methods and oper- ations of demolition of the structures and modifications prior to the start of work. In- clude in the schedule the coordination of shutoff, capping and continuation of utility service as required. B. Furnish a detailed sequence of demolition and removal work to ensure the uninterrupted progress of the Owner's operations. Sequence shall be compatible with sequence of construction and shutdown coordination requirements as specified in Section O1 12 16. C. Before commencing demolition work, all modifications necessary to bypass the af- fected structure shall be completed. Actual work shall not begin until the Engineer has inspected and approved the modiiications and authorized commencement of the demoli- tion work in writing. Village Crcck WRF Sccondary Clarifiers I-9 Weir Replaccincnt City Projcct No. 01839 02 41 00 - 2 DEMOLITION AND MODIFICATIONS Pagc 2 of 4 1.4 JOB CONDITIONS 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 A. Protection 1. Execute the demolition and removal work to prevent damage or injury to structures, occupants thereof and adjacent features which might result from falling debris or other causes, and so as not to interfere with the use, and free and safe passage to and from adjacent structures. 2. Closing or obstructing of roadways, sidewalks and passageways adjacent to the work by the piacement or storage of materials will not be permitted and all opera- tions shall be conducted with a minimum interference to traffic on these ways. 3. Erect and maintain barriers, lights, sidewalk sheds and other required protective de- vices. B. Scheduling 1. Carry out operations so as to avoid interference with operations and work in the ex- isting facilities. C. Notification 1. At least 48 hours prior to commencement of a demolition or removal, notify the Engineer in writing of proposed schedule therefor. Owner shall inspect the existing equipment and to identify and mark those items which are to remain the property of the Owner. No removals shall be started without the permission of the Engineer. D. Conditions of Structures 1. The Owner and the Engineer assume no responsibility for the actual condition of the structures to be demolished or modified. 2. Conditions existing at the time of inspection for bidding purposes wili be main- tained by the Owner insofar as practicable. However, variations within a structure may occur prior to the start of demolition work. E. Repairs to Damage Promptly repair damage caused to adjacent facilities by demolition operation when directed by Engineer and at no additional cost to the Owner. Repairs shall be made to a condition at least equal to that which existed prior to construction. F. Traffic Access 31 l. Conduct demolition and modification operations and the removal of equipment and 32 debris to ensure minimum interference with roads, streets, walks both onsite and 33 offsite and to ensure minimum interference with occupied or used facilities. 34 2. Special attention is directed towards maintaining safe and convenient access to the 35 existing facilities by plant personnel and plant associated vehicles. 36 3. Do not close or obstruct streets, walks or other occupied or used facilities without 37 permission from the Engineer. Furnish alternate routes around closed or obstructed 38 traffic in access ways. 39 G. Operating Facilities 40 1. Perform Work in a manner which wiil not disrupt the operation of existing facili- 41 ties, except as allowed in Section 01 32 16. 42 2. Provide temporary services to assure uninterrupted operation of existing facilities, 43 except where service disruption is allowed for as specifically specified in Section 44 Ol 32 16 or specifically noted on the Drawings. Village Creck WRF Secondary Clarifiers I-9 Weir Replacement Ciry Project No. 01839 024100-3 DEMOLITION AND MODIFICATIONS Paac 3 of 4 1 2 3 4 1.5 5 6 7 8 9 10 11 12 13 14 15 16 3. Stage materiais, equipment, and Work in a manner which will not obstruct Owner access to operate and maintain existing operating facility components. 4. Sequence and perform Work to minimize disruption of existing facilities. DISPOSAL OF MATERIAL A. Salvageable material and equipment listed hereinafter shall become the property of the Owner. Dismantle all such items to a size that can be readily handled and deliver them to a designated storage area. B. The foilowing materials and items of equipment shall remain the properly of the Owner and stored where directed on the site. Any such material damaged due to improper handling will not be accepted and the replacement value of the material deducted from the payment to the Contractor. 1. Contractor shaii coordinate with Owner on salvageable materials prior to removal of equipment. C. All other material and items of equipment shall become the Contractor's property and must be removed from the site and disposed of legally. D. The storage or sale of removed items on the site will not be allowed. 17 PART 2- PRODUCTS (NOT USED) 18 PART 3 - EXECUTION 19 3.1 GENERAL 20 A. All materials and equipment removed from existing wark shall become the property of 21 the Contractor, except for those which the Owner has identified and marked for his/her 22 use. All materials and equipment marked by the Owner to remain shall be carefuliy 23 removed, so as not to be damaged, cleaned and stored on or adjacent to the site in a pro- 24 tected place specified by the Engineer or loaded onto trucks provided by the Owner. 25 B. Dispose of ali demolition materials, equipment, debris and all other items not marked 26 by the Owner to remain, off the site and in conformance with all existing applicable 27 laws and regulations. 28 29 30 31 32 33 34 35 36 C. Pollution Controls 1. Use water sprinkling, temporary enclosures and other suitabie methods to limit the amount of dust and dirt rising and scattering in the air to the lowest practical level. Comply with governing regulations pertaining to environmental protection. a. Do not use water when it may create hazardous or objectionable conditions such as ice, flooding and poliution. b. Clean adjacent structures, facilities, and improvements of dust, dirt and debris caused by demolition operations. Return adjacent areas to conditions existing prior to the start of the work. 37 3.2 INSPECTION 38 A. Inspect existing conditions of the Project, including elements subject to damage or to 39 movement during demolition, cutting, patching, splicing or relocation. Village Creek WRF Sccondary Clarifiers I-9 Wcir Replacemcnt City Project No. 01839 OZ 41 00 - 4 DEMOLITION AND MODIFICATIONS Page 4 of 4 1 B. After uncovering Work, inspect the conditions affecting the installation of products or Z performance of the work. 3 C. Report unsatisfactory or questionable conditions to the Owner in writing; do not pro- 4 ceed with the work until the Owner has provided further instructions. 5 D. Conditions which are visible without uncovering Work shail be reported to the Owner 6 in writing no later than 2 weeks after site mobilization. 7 E. Test equipment for proper function after relocation. 8 F. The Contractor shall be liable for any lost or damaged items which are to be reused. 9 Any lost or damaged items shall be replaced with products identical to the existing 10 items or equivalent as determined by the Owner. The Owner shall have sole discretion 11 in determining what product is equivalent. 12 3.3 PREPARATION 13 A. Provide adequate temporary support as necessary to asure the structural value or integri- 14 ty of the affected portion of the Work. 15 B. Provide devices and methods to protect other portions of the Project from damage. 16 C. Provide protection from the elements for that portion of the Project which may be ex- 17 posed by demolition, cutting and patching work, and maintain excavations free from 18 water. 19 3.4 CLEAN-UP 20 A. Remove from the site all debris resuiting from the demolition operations as it accumu- 21 lates. Upon completion of the work, aii materials, equipment, waste and debris of every 22 sort shall be removed and premises shall be left, clean, neat and orderly. 23 24 END OF SECTION Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement City Project No. 01839 Division 03 Concrete THIS PAGE LEFT INTENTIONALLY BLANK Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement City Project No. 01839 03 80 00 - 1 MODIFICATIONS TO EXISTING CONCRETE Page 1 of 9 1 2 SECTION 03 80 00 MODIFICATIONS TO EXISTING CONCRETE STRUCTURES 3 PARTl- GENERAL 4 l.l SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 fc�il A. Section includes: 1. Modifications to existing concrete structures, including: a. "�� b: 3�t}e���s .���s �. ne*.,;,,;,,,. .�n� e�zr:,,,. .,,,,t wo.,a . ,.,i�� f. �.•� a. Effluent launders and weir outlet boxes 2. This section does not include modifications to Reinforced Concrete Pipe. B. Deviations from this City of Fort Worth Standard Specification 1. See par�aph 1.1.A.1 for additions and deletions. 2. See para�raph 1.3.A.2 for additions. 3. See paraQranhs 1.6.A, B, C, and D for additions. 4. See parag�ravh 1.9.A for deletions and 1.9.0 and D for additions. 5. See paragraph 1.1 l.A for additions. 6. See para�ranhs 2.2.F for additions and deletions. 7. See paraQraph 33.A.5 for additions. 8. See para�raph 3.4.A for additions. 9. See paragraph 3.10 A for additions_ C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Measurement a. This Item is considered subsidiary to the structure or Items being placed. 2. Payment a. The work performed and the materials furnished in accordance with this Item are subsidiary to the structure or Items being placed and no other compensation will be allowed. 1.3 REFERENCES A. Reference Standards CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July l, 201 I 03 80 00 - 2 MODIFICATIONS TO EXISTING CONCRETE Page 2 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 1 2. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. ASTM International (AST1Vn: a. A615, Deformed and Plain Billet-Steel Bars for Concrete Reinforcement. b. C881, Standard Specifcation for Epoxy-Resin-Base Bonding Systems for Concrete. c. C882, Standard Test Method for Bond Strength of Epoxy-Resin Systems Used with Concrete by Slant Sheer. d. C883 Standard Test Method for Effective Shrinka�e of Epoxv-Resin Svstems Used with Concrete. e. D570, Standazd Test Method for Water Absorption of Plastics. f. D638, Standard Test Method for Tensile Properties of Plastics. g. D695, Standard Test Method for Compressive Properties of Rigid Plastics. h. D732, Standard Test Method for Shear Strength of Plastics by Punch Tool. i. D790, Standard Test Methods for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating Materials. 18 B. Where reference is made to 1 of the above standards, the revision in effect at the time of 19 bid opening applies. 20 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 21 1.5 SUBMITTALS 22 A. Provide submittals in accordance with Section O1 33 00. 23 B. All submittals shall be approved by the Engineer or the City prior to delivery and/or 24 fabrication for specials. 25 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 26 27 28 29 30 31 32 33 34 1. Submit manufacturer's Product Data on all product brands proposed for use to the Engineer for review. 2. Include the manufacturer's installation and/or application instructions. 3. Include cata.lo� cuts technical data stora�e and handlin� requirements, vroduct life surface preparation requirements mixing and apnlication instructions temperature conditions conformity to ASTM or other standards specified, and Material Safety Data Sheets (MSDS). 4. Identifv locations where products are proposed to be applied. 35 B. Design Data 36 l. Submit manufacturer's load test data for all proposed repair products indicating 37 bond and shear strengths for the various tvpes of repair material to be bonded to 38 existin� concrete. 39 C. Test Reports 40 1. Submit manufacturer's certified tests for repair mortar, performed bv an 41 independent testin�laboratory indicating.the followin� stren�th properties and the 42 ASTM method used to determine each: compressive strength, tensile stren�th, bond 43 strength modulus of elasticitv, and shear stren�th. A. Product Data CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July I, 2011 03 80 00 - 3 MODIFICATIONS TO EXISTING CONCRETE Page 3 of 9 1 D. Qualifications 2 1. Repair mortar manufacturer: Demonstrate at least 5 years of experience in the 3 manufacture of products of the type to be provided. Document manufacturer's 4 pro�ram for trainin� and technicallv supporting field personnel. 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE 8 A. When removing materials or portions of existing structures and when making openings 9 in existing structures, take precautions and a�erect all necessary barriers, shoring and 10 bracing, and other protective devices to prevent damage to the structures beyond the 11 limits necessary for the new work, protect personnel, control dust, and to prevent damage 12 to the structures or contents by falling or flying debris. 13 B. Core sanitary sewer manhole penetrations. 14 C. Qualifications 15 1. Manufacturer: See 1.6.D above. 16 D. Pre-Installation Conference 17 1. Arrange a meeting with the Engineer to examine the areas to be repaired and to 18 deternune the extent of repairs. The Engineer will desi an� te anv additional repair 19 areas and the Contractor shall mark the desi�nated areas to delineate the location 20 and extent of repairs to be made once �iven final approval bv the En�ineer. 21 1.10 DELIVERY, STORAGE, AND HANDLING 22 A. Deliver the specified products in original, unopened containers with the manufacturer's 23 name, labels, product identification, and batch numbers. 24 B. Store and condition the specified product as recommended by the manufacturer. 25 1.11 FIELD CONDITIONS {�A-'��B} 26 A. Environmental Requirements 27 1. Com�y fuilv with manufacturer's recommendations as to the environmental 28 conditions under which the products of this Section mav be placed. 29 1.12 WARRANTY [NOT USED] 30 31 32 33 34 35 36 PART2- PRODUCTS 2.1 OWNER-FURNISHED OR OWNER-SUPPLIED PRODUCTS [NOT USED] 2.2 PRODUCT TYPES AND MATERIALS A. Manufacturers 1. In other Part 2 articles where ritles below introduce lists, the following requirements apply to product selection: a. Available Products CITY OF FORT WORTH Village Creek WRF Secondary Ciarifiers I-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 03 80 00 - 4 MODIFICATIONS TO EXISTING CONCRETE Page 4 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 1) Subject to compliance with requirements, products that may be incorporated into the Work include, but are not 1'united to, products specified. b. Available Manufacturers 1) Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, manufacturers specified. B. Materials 1. General a. Comply with this Section and any state or local regulations. C. Steel Reinforcement 1. Reinforcing Bars a_ ASTM A615, Grade 60, deformed. 14 D. Epoxy Bonding Agent 15 l. A 2-component, solvent-free, asbestos-free, moisture-insensitive epoxy resin 16 material used to bond plastic concrete to hardened concrete complying with the 17 requirements of ASTM C881, Type V, and the additional requirements speciiied 18 herein. 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 2. Properties of the cured material a. Compressive Strength (ASTM D695) 1) 8,500 psi minimum at 28 days b. Tensile Strength (ASTM D638) 1) 4,000 psi minimum at 14 days c. Flexural Strength (ASTM D790 - Modulus of Rupture) 1) 6,300 psi xninimum at 14 days d. Shear Strength (ASTM D732) 1) 5,000 psi minimum at 14 days e. Water Absorption (ASTM D570 - 2 hour boil) 1) 1 percent maximum at 14 days f. Bond Strength (ASTM C882) Hardened to Plastic 1) 1,500 psi minimum at 14 days moist cure g. Color 1) Gray h. Available Manufacturers: 1) Sika Corporation, Lyndhurst, New Jersey - Sikadur 32, Hi-Mod 2) BASF, Cleveland, Ohio - Concresive 1438 E. Epoxy Paste 1. A 2-component, solvent-free, asbestos free, moisture insensitive epoxy resin material used to bond dissimilar materials to concrete such as setting railing posts, dowels, anchor bolts, and all-threads into hardened concrete and complying with the requirements of ASTM C881, Type I, Grade 3, and the additional requirements specified herein. 2. Properties of the cured material a. Compressive Properties (ASTM D695): 10,000 psi minixnum at 28 days b. Tensile Strength (ASTM D638): 3,000 psi minimum at 14 days. Elongation at Break - 0.3 percent minimum CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Ciry Project No. 01839 Revised July 1, 2011 03 80 00 - 5 MODIFICATIONS TO EXISTING CONCRETE Page 5 of 9 1 2 3 4 5 6 � 8 9 10 11 12 13 14 IS 16 17 I8 19 2� 21 1. 22 23 24 25 2. 26 27 28 29 30 31 32 33 34 3 35 36 37 38 39 40 41 42 43 44 45 c. Flexural Strength (ASTM D790 - Modulus of Rupture): 3,700 psi minimum at 14 days d. Shear Strength (ASTM D732): 2,800 psi minimum at 14 days e. Water Absorption (ASTM D570): 1.0 percent m�imum at 7 days f. Bond Strength (ASTM C882): 2,000 psi at 14 days moist cure g. Color: Concrete grey h. Available Manufacturers 1) Overhead Applications a) Sika Corporation, Lyndhurst, New Jersey - Sikadur 32, Hi-Mod LV b) BASF - Concresive 1438 2) All Other Applications a) Sika Corporation, Lyndhurst, New Jersey - Sikadur Hi-mod LV 31 b) BASF - Concresive 1401 F. Repair Mortars t D,- ;,7„ �1..�..*.�. �-e ��.. :�:. ,.i. .,.i:f:o.7 D�„-tl�n�_�o ..+ z. '� ""' '� '� � st�se� � A ...,:1..L.1 o T �T.,..,, F ..a.,-e..� 1 \_C+=1..,_C�,��i6 ��`pi `�z�cif'����E3iY �E.'�fi2�' E�i� zTvmu-v Repair mortar shall be a factory blended, one or two component, high earlv strength, fast-settin� epOXv or polvmer modified, stnzctural repair mortar for concrete. The repair mortar shall be suitable for use above or below grade and for �.plication on horizontal, vertical, and overhead surfaces as applicable. The mortar shall not contain chlorides, nitrates, added gypsum, added lime, or hi�h alumina cements. Thev system shall be noncombustible, either before or after cure. Material: a. The Qolvmer modified cementitious system shall consist of a factory preproportioned two-component system whose components conform to the followin� requirements: 1) Component A shall be a liquidpolvmer emulsion of an ac lry ic copolvmer base and additives. This acr�lic copolymer shall have the followin� properties: 1) pH 4.5 to 6.5 2) Minixnum film forming temperature approximately 68 degrees F 3) Tear Strength approximatelv 990 to 1420 psi 4) Elon�ation at break 500 to 900 percent 5) Particle Size Ran�e Less than 0.1 micron 2) Component B shall be a blend of selected portland cements, speciallv aQr ded agQre�ates, organic accelerator and admixtures for controllin setting time, water reducers for workabilitv and a corrosion inhibitor. 3) The component ratio A:B shall be 1:7.2 by wei�ht. The system shall not contain chlorides, nitxates, added gypsum, added lime, or hi�h alumina cements. The system shall be non-combustible, either before or after cure. b. Tvpical Properties of Mixed Components CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July i, 2011 03 80 00 - 6 MODIFICATIONS TO EXISTING CONCRETE Page 6 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 c. 1) Application Time (Working Time) — 30 minutes after combinin� components 2) Finishin�Time — 50 to 120 minutes after combinin� components 3) Color — Concrete Grev Tvnical Pro�erties of Cured Material 1) Abrasion Resistance — 6 times that of controlled concrete 2) Bond Stren�th (pull off inethod) — 100 p,ercent concrete substrate failure 3) Modulus of Elasticitv — 3,600,000 psi minimum 4) Surface Scalin� (Deicin�salt solution freeze/thawl — No deterioration after 120 c�les 5) Compressive Stren (1 day 55 percent RHl — 1 500 psi minimum when tested_per ASTM C109 6) Com�ressive Strength (28 days 55 Qercent RHl — 5 000 psi minimum when testedper ASTM C109 7) Flexural Stren (28 days 50 vercent RHl —1 100 psi minimum when tested per ASTM C78 8) Splitting Tensile Strength —1 000 �si minimum when tested per ASTM C496 9) This system shall conform with ECA/ITSPHS Standards for surface contact with potable water. 10) This system shall not �oduce a vapor barrier. 11) This system shall be thorou lv compatible with concrete includin� comparable thermal expansion vroperties com�ressive strength and elastic moduli. 12) Stone mav be added. 13) System mav be finished with power trowel. 2) Approval Requirements 1) Furnish notarized certification that the material proposed for use meets all of the above requirements. 2) Repair mortaz shall be Sika Top 123 Plus by Sika Comoration, Lvndhurst NJ V/O Patch CI bv US Spec, or approved equal. 3) Where repairs are reqnired to stop leakin� water, Xvpex Patch N Plu�, or approved egual is acceptable for negative side repairs. Xypex Concentrate or approved egual is acceptable for positive side repairs G. Pipe Penetration Sealants 1. 1 component polyurethane, extrudable swelling bentonite-free waterstop that is chemically resistant, not soluble in water and capable of withstanding wet/dry cycling. a. Available Manufacturers 1) Sika Corporation, Lyndhurst New Jersey — SikaSwell S-2 2) Approved equal 43 2.3 ACCESSORIES [NOT USED) CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Ciry Project No. 01839 Revised July l, 2011 03 80 00 - 7 MODIFICATIONS TO EXISTING CONCRETE Page 7 of 9 1 2.4 SOURCE QUALITY CONTROL [NOT USED] 2 PART 3 - EXECUTION 3 3.1 INSTALLERS [NOT USED] 4 3.2 EXAMINATION [NOT USED] 5 3.3 PREPARATION 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 A. General 1. Cut, repair, reuse, demolish, excavate or otherwise modify parts of the existing structures or appurtenances, as indicated on the Drawings, specified herein, or necessary to permit completion of the Work. Finishes, joints, reinforcements, sealants, etc., are specified in respective Sections. Comply with other requirements of this of Section and as shown on the Drawings. 2. Store, mix, and apply all commercial products specified in this Section in strict compliance with the manufacturer's recommendations. 3. Make repairs in all cases where concrete is repaired in the vicinity of an expansion joint or control joint to preserve the isolation between components on either side of the joint. 4. When drilling holes for dowels/bolts at new or existing concrete, stop drilling if rebax is encountered and relocate the hole to avoid rebar as approved by the Engineer. Do not cut rebar without prior approval by the Engineer. 5. Mechanically clean existing ex�osed reinforcement or concrete embedments to remove contaminants and rust before proceeding with anv concrete modification or renair• B. Concrete Removal 1. Remove concrete designated to be removed to specific limits as shown on the Drawings or directed by the Engineer, by chipping, jack-hammering, or saw-cutting as appropriate in areas where concrete is to be taken out. Do not jackhammer sanitary sewer manhole penetrations. Remove concrete in such a manner that surrounding concrete or existing reinforcing to be left in place and existing in place equipment is not damaged. 2. Where existing reinforcing is exposed due to saw cutting/core drilling and no new material is to be placed on the sawcut surface, apply a coating or surface treatment of epoxy paste to the entire cut surface to a thickness of 1/4 inch. 3. In all cases where the joint between new concrete or grout and existing concrete will be exposed in the finished work, except as otherwise shown or specified, provide a 1-inch deep saw cut on each exposed surface of the existing concrete at the edge of concrete removal. 4. Repair concrete specified to be left in place that is damaged using approved means to the satisfaction of the Engineer. 5. The Engineer may from time to time direct additional repairs to existing concrete. Make these repairs as specified or by such other methods as may be appropriate. C. Connection Surface Preparation CIT'1' OF FORT WORTH Viilage Creek WRF Secondary Clarifiers I-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July I, 2011 038000-8 MODIFICATIONS TO EXISTING CONCRETE Page 8 of 9 1 1. Prepare connection surfaces as specified below for concrete areas requiring 2 patching, repairs or modifications as shown on the Drawings, specified herein, or as 3 directed by the Engineer. 4 2. Remove all deteriorated materials, dirt, oil, grease, and all other bond inhibiting 5 materials from the surface by dry mechanical means, i.e., sandblasting, grinding, 6 etc., as approved by the Engineer. Be sure the areas are not less than 1/2-inch in 7 depth_ Irregular voids or surface stones need not be removed if they are sound, free 8 of laitance, and firmly embedded into parent concrete, subject to the Engineer's 9 final inspection. 10 3. If reinforcing steel is exposed, it must be cleaned by wire brush or other similar 11 means to remove all contaminants, rust, etc., as approved by the Engineer. If 1/2 of 12 the diameter of the reinforcing steel is exposed, chip out behind the steel. Chip a 13 minimum of 1 inch behind the steel. Do not Damage reinforcing to be saved during 14 the demolition operation. 15 4. Clean reinforcing from existing demolished concrete that is shown to be 16 incorporated in new concrete by wire brush or other similar means to remove all 17 loose material and products of corrosion before proceeding with the repair. Cut, 18 bend, or lap to new reinforcing as shown on the Drawings and provided with 1-inch 19 minimum cover all around. 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 5. The following are specific concrete surface prepazation "methods" to be used where called for on the Drawings, specified herein, or as directed by the Engineer. a. Method A 1) After the existing concrete surface at connection has been roughened and cleaned, thoroughly moisten the e�sting surface with water. 2) Brush on a 1/16-inch layer of cement and water mixed to the consistency of c_ i� a heavy paste. 3) Immediately after application of cement paste, place new concrete or grout mixture as detailed on the Drawings. Method B 1) After the existing concrete surface has been roughened and cleaned, apply epoxy bonding agent at connection surface. 2) Comply strictly with the manufacturer's recommendations for the field preparation and application of the epoxy bonding agent. 3) Place new concrete or grout mixture to limits shown on the Drawings within time constraints recommended by the manufacturer to ensure bond. Method C 1) Drill a hole 1/4 inch larger than the diameter of the dowel. 2) Blow the hole clear of loose particles and dust just prior to installing epoxy. First fill the drilled hole with epoxy paste, then butter the dowels/bolts with paste then insert by tapping. 3) Unless otherwise shown on the Drawings, drill and set deformed bars to a depth of 10 bar diameters and smooth bars to a depth of 15 bar diameters. 4) If not noted on the Drawings, the Engineer will provide details regarding the size and spacing of dowels. Method D 1) Combination of Method B and C. 47 3.4 INSTALLATION �"Tn�� 48 A. Application of Repair Mortar CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 038000-9 MODIFICATIONS TO EXISTING CONCRETE Page 9 of 9 1. Applv repair mortar to concrete surface bv trowel or screed. Thickness shall be maintained within the limits recommended bv the manufacturer. 2. Work mortar into place and consolidate thoroughlv so that all contact surfaces are wet bv the mortar, and entrained air is reduced to the level recommended by the manufacturer. 3. Finish mortar surface to texture, color, and smoothness required for the specific application. 4. Upon completion of finishin� operations, protect and allow mortar to cure in accordance with manufacturer's recommendations. 3.5 REPAIR [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING {��1�E��ll�} A. Ixnmediately remove anv adhesive or repair materials applied or spilled beyond the desired area using materials desi a-gn ted by the manufacturer. Avoid contamination of the work area. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 25 CITY OF FORT WORTH Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01839 Revised July l, 2011 Division 06 Woods and Plastics, and Composites THIS PAGE LEFT INTENTIONALLY BLANK Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement City Project No. 01839 068500-2 FIBERGLASS WEIRS AND BAFFLES Pagc 2 of 5 1 1. ASTM A276 - Standard Specification for Stainiess and Heat-Resisting Steel Bars 2 and Shapes. 3 2. ASTM D256 - Standard Test Methods for Determining the Pendulum Impact Resis- 4 tance of Notched Specimens of Plastics. 5 3. ASTM D570 - Standard Test Method for Water Absorption of Plastics. 6 4. ASTM D638 - Standard Test Method for Tensile Properties of Plastics. 7 5. ASTM D648 - Standard Test Method for Deflection Temperature of Plastics Under 8 Flexural Load. 9 10 11 12 13 14 15 16 6. ASTM D696 - Standard Test Method for Coefficient of Linear Thermal Expansion of Plastics Between -30EC and 30EC. 7. ASTM D790 - Standard Test Methods for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating Materials. 8. ASTM D2583 - Standard Test Method for Indentation Hardness of Rigid Plastics by Means of a Barcol Impressor. B. Where reference is made to one of the above standards, the revision in effect at the time of bid opening shall apply. 17 1.5 QUALITY ASSURANCE 18 19 20 21 22 23 A. All fiberglass weirs, baffles, anchors, and supports shali be furnished by the Contractor from a single manufacturer who is fully experienced, reputable and qualified in the fa- brication of such equipment. B. Fiberglass weirs, baffles, anchors, and supports shall be manufactured by Warminster Fiberglass Co., Southampton, PA; Nefco, Inc., Palm Beach Gardens, FL; Molded Fiber Glass Water Treatment Products, Union City, PA or approved equal. 24 1.6 SYSTEM DESCRIPTION 25 A. Weirs, baffles, anchors, and support brackets shall be supplied for Final Clarifiers 1-9 26 as shown on the Drawings. 27 1.7 WARRANTY 28 A. Provide from the equipment manufacturer an unconditional extended warranty for a pe- 29 riod of 12 months after the final acceptance of the equipment by the ENGINEER. The 30 warranty shall stipulate that the equipment furnished is suitable for the purpose intended 31 and free from defects of material and workmanship for the duration of the extended 32 warranty. In the event the equipment fails to perform as specified, promptly repair or 33 replace the defective equipment without additional cost to the OWNER. 34 PART 2 - PRODUCTS 35 2.1 FIBERGLASS WEIRS AND BAFFLES 36 A. Except for bolts and hardware as later specified herein, the weirs, baffles and supports 37 shail be polyester plastic resin, reinforced with fiberglass. Villa�e Crcek WRF Secondary Clarifiers I-9 Weir Replacement City Project No. 01839 06 85 00 - 3 FIBERGLASS WEIRS AND BAFFLES Page 3 of 5 1 B. All weir piates, scum baffle plates, spiice piates, washers and scum baffle support 2 brackets shall be fiberglass reinforced polyester piastic molded by the matched die me- 3 thod to produce uniform, smooth surfaces. All surfaces shall be smooth, resin rich, free 4 of voids and porosity, without dry spots, crazes, or unreinforced areas and shall provide 5 for increased corrosion resistance and weathering. 6 C. Laminate shall contain a glass content of 30 plus or minus 2 percent using Type "E" 7 glass with chrome or silane finish. Powdered reinforcements shall consist of 47.5 plus 8 or minus 1 percent of resin mixture. "Leo-Lite (141-120-32)" resin mixture shall be of 9 the "Low Profile" type. Final laminate thickness shall be within plus or minus 10 per- 10 cent of the nominal specified thickness. Laminate shall contain ultra-violet inhibitors 11 added to protect the laminate from deterioration from sunlight. 12 D 13 14 15 E. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Manufacturer shall maintain a continuous quality control program and shall furnish the ENGINEER with certified test reports consisting of physical tests of samples as listed below and otherwise as required to show quality of plastic being furnished. Hardness test shall be made with the resin-rich surface of the product. Flexural tests shail be made with the resin rich surface in compression. Test samples shall be full thickness of the item produced and shall not be machined on the surface. F. Procedure to be used in determining the properties listed in the foilowing tables shall be in accordance with the foliowing ASTM Standards: ASTM D638, ASTM D790, ASTM D256 and ASTM D570. G. Minimum physical properties at a temperature of 70 degrees F for the plastic shall be as follows: 1. Tensile Strength: 7,500 psi 2. Flexural Strength: 16,000 psi 3. 601Flexural Modulus: 800,000 psi 4. Impact, Notches, Izod foot pound per inch: 10.0 5. Barcol Hardness (minimum): 35 6. Average coefficient of thermai expansion — inch per inch, per degree F: .000016 7. Water absorption, percent 24 hours: 0.20 H. The weir plates, baffle plates and support brackets shall be piastic laminate that is 1/4-inch thick and molded to the sizes and shapes as shown on the Drawings. Oversize mounting holes to provide for the total adjustment required shall be provided as shown on the Drawings. Cut ends of non-standard lengths of weirs and baffles shall be resin sealed. I. Anchor bolts, boits, nuts, washers and other hardware shall be of the size indicated on the drawings and stainless steel in accordance with ASTM A276, Type 316. J. Drilled concrete anchors shall be adhesive anchor bolts as specified below: Villagc Creek WRF Secondary Clarificrs I-9 Wcir Replacement City Projcct No. 01839 06 85 00 - 4 FIBERGLASS WEIRS AND BAFFLES Paac 4 of 5 1 l. Adhesive anchors shall consist of a metal stud assembly and a two-component resin 2 anchoring system. Chemical resins shall be polyester or vinylester resin, combined 3 with a hardener and aggregates, as applicable. Stud assembiies shall consist of an 4 all-thread anchor rod with nut and washer, unless otherwise noted on the Drawings. 5 Provide manufacturer's recommended instailation tools for installing anchor com- 6 ponents. Install anchors in full compliance with the manufacturer's recommenda- 7 tions. 9 2. Adhesive anchors shall be: HIT RE 500 SD (seismic applications) as manufactured 10 by Hilti, Inc., or approved equal. Anchor rods shali be of the size and type desig- 11 nated on the Drawings. Where specificaliy indicated on the Drawings, the adhesive 12 anchoring system noted shall be used; no substitutions. 13 14 K. Caulking compound shall be an acrylic polymer or a two part sealant equal or exceed- 15 ing Federal Spec. TT-S227B. 16 L. The scum baffle and supports shall withstand the constant forces exerted on it by the 17 scum skimming mechanisms and weir brush assemblies of the clarifiers. 18 PART 3 - EXECUTION 19 3.1 INSTALLATION 20 A. Installation shall be in strict accordance with the manufacturer's instructions and rec- 21 ommendations, by mechanics skilled in the installation of this type of work, in the loca- 22 tions shown on the Drawings. Anchor bolts shall be furnished by the manufacturer and 23 set in accordance with the manufacturer's recommendations. 24 B. Weirs and baffles shall be carefully aligned and leveled to the elevations shown on the 25 Drawings. In the completed installation, no variation greater than 1/8-inch shall exist 26 between any two notches of the weir plate in any one final clarifier. In addition, the av- 27 erage deviation from one quadrant of the weir to any other shall not exceed 1/16-inch. 28 Caullcing compound shali be used to completely prevent flow of liquid up between the 29 concrete weir wall and the weir plate. All weir elevations shall be verified in the field 30 once each tank has been filled. 31 C. Baffles shall be coordinated with the skimmings boxes of the tank equipment to assure 32 fitting between the baffles and the skimmings boxes and the proper action of the skim- 33 ming blade to collect and discharge the skimmings to the boxes. Care shall be taken 34 during installation to ensure that the existing weir brush assemblies are not damaged 35 during the instailation of the new weir and baffle plates. 36 3.2 FIELD INSPECTION AND TESTING 37 A. Furnish the services of a factory representative for one day per clarifier, who has com- 38 plete knowiedge of proper installation, startup and operation of the weirs and baffles to 39 inspect the final installation and supervise a test run of the equipment. If there are diffi- 40 culties in operation of the equipment due to the manufacturer's fabrication or CON- 41 TRACTOR's installation, additional service shall be provided at no cost to the 42 OWNER. Village Creck WRF Secondary Clarificrs 1-9 Weir Replaccment City Project No. 01839 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 068500-5 FIBERGLASS WEIRS AND BAFFLES Pagc 5 of 5 B. Upon compietion of instailation, fiil each tank with process water to observe the leve- ling of the weir plates and operate the siudge collector mechanism to demonstrate prop- er installation. Furnish all labor and materials for such tests and correct defects in the fabrication and installation. Weirs and baffles exhibiting excessive deflection, as de- termined by the ENGINEER, shall be removed and replaced at no additional cost to the OWNER. END OF SECTION Village Creek WRF Secondary Clarificrs 1-9 Weir Replacc�nent Ciry Project No. 01839 GC-6.06.D Minority and Women Owned Business Enterprise Compliance THIS PAGE LEFT INTENTIONALLY BLANK Village Creek WRF Secondary Clarifiers I-9 Weir Replacement City Project No. 01839 Fo__.�'!l o,� H City of Fort Worth Minority and Women Business Enterprise Specifications SPECIA� INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is $25,000 or more, the M/WBE goai is applicable. If the total dollar value of the contract is less than $25.000, the M/VVBE qoal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable pa�ticipation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. MNVBE PROJECT GOALS The City`s M/WBE goal on this project is % of the total bid (Base bid applies to Parks and Community Services). COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the MWBE documentation in person to the approp�iate employee of fhe managing department'antl obtain a date/time receipt. Such receipt sfiall 6e evidence that the City received the documentation in the"time allocated. A faxed copy will not be accepted. 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no M/WBE participation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal, opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/VI/BE Office at (817) 392-6104. Rev. 11/1/OS ATTACHMENT1A Page 1 of 4 FORT WORTH City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime PROJECT NAME: M!W/DBE NON-MNV/DBE BID DATE City's M/WBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER % % Identify all subcontractors/suppliers you will use on this project _ Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1� tier, a payment by a subcontractor to its supplier is considered 2"d tier ALL MNVBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner-operators, and receive full M/WBE credit. The MJWBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev. 5/30/03 ATTACHMENT1A FORT W(}RTH Page 2 of 4 � Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. Certification N (check one) � SUBCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail Address e M yy � X M Subcontracting Work Supplies Purchased Doilar Amount T D W Telephone/Fax � B B R O B E E C T E A Rev. 5/30/03 I ATTACHMENT1A FORT �ORTH Page 3 of 4 � Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. Certification N (check one) � SUBCONTRACTORlSUPPLIER T n Company Name ; N T Detail Detail Address e ry� yy � X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax � B B R O B E E C T E A Rev. 5/30/03 FoR� x ATTACHMENT1A Page 4 of 4 Total Doliar Amount of M/WBE Subcontractors/Suppliers $ Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS � The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of' contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor' shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed I M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. � -- By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or __ _ examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable - subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature Printed Signature Title Company Name Address Contact Name/Title (if different) Telephone and/or Fax E-mail Address City/State/Zip Date Rev. 5/30/03 FORT wORTH City of Fort Worth Subcontractors/Suppliers Utilization Form for Chanqe Orders Page 1 of 4 PRIME COMPANY NAME: Check applicable block to describe prime PROJECT NAME: MNV/DBE NON-M!W/DBE Change Order Date City's M/WBE Change Order Goal: Prime's M/WBE Change Order Utilization: PROJECT NUMBER • % % Is this form being submitted with the Acceptance of Previous MWBE Commitment Form? Yes � No �, If yes, provide the MWBE commitment percentage % Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1St tier, a payment by a subcontractor to its supplier is considered 2"d tier ALL MNVBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace; that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, includinq M/WBE owner-operators, and receive full M/WBE credit. The 7/8/10 Page 2 of 4 M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. Certification N (check one) � SUBCONTRACTOR/SUPPLIER T n Company Name ; N T Detail Detail Address e M w � X M Subcontracting Work Supplies Purchased Dollar Amount T D W Telephone/Fax � B B R o g E E C T E A 7/8/10 Page 3 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ TOTA� DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the OfFeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work perFormed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature Printed Signature Title Contact NamelTitle (if different) Company Name Telephone and/or Fax - Address E-mail Address 7/8/10 Page 4 of 4 City/State/Zip Date 7/8/10 FORT WORTH City of Fort Worth Prime Contractor Waiver Form ATTACHMENT 1B Page 1 of 1 PRIME COMPANY NAME: Check applicable block to describe prime M/W/DBE NON-M/WlDBE PROJECT NAME: BID DATE City's M/WBE Project Goal: PROJECT NUMBER % If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1 C. This form is only applicable if b.Qth answers are yes. --- Failure to complete this form in its entirety and be received by the Manaainq Department on or before 5:00 a.m., five (51 Citv business days after bid openinq, exclusive of the bid opening date, will result in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this NO project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information �egarding actual work performed by all subcontractors, including MIWBE(s) on this contract, the payment therefore and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work perFormed by the M/WBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature Title Company Name Address City/State/Zip Printed Signature Contact Name (if different) Phone Number Fax Number Email Address Date Rev. 5/30/03 ATTACHMENT 1B Page 2 of 1 Rev. 5/30/03 ATTACHMENT 1C Page 1 of 3 FORT WORTH City Of FOrt WOrth Good Faith Effort Form PRIME COMPANY NAME: Check applicable block to describe prime MNV/DBE NON-M/W/DBE PROJECT NAME: BID DATE City's M/WBE Project Goal: PROJECT NUMBER % If you have failed to secure M/WBE participation and you have subcontracting and/or suppiier opportunities or if your DBE participation is less than the City's project goal, you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. fve (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunityj, for the completwn of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES OF FIRMS On Combined Projects, list each subcontracting and or supplier opportunity through the 2" tier. (Use additional sheets, if necessary) �ist of Subcontracting Opportunities List of Supplier Opportunities Rev. 05/30/03 ATTACHMENT 1C Page 2 of 3 2.) Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. Yes No Date of Listing / / 3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? YeS (If yes, attach M/WBE mail listing to include name of Frm and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? Y8S (If yes, attach list to include name of M/WBE firm, ep rson contacted, phone number and date and time of contact.) No NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and documentation faxed. NOTE: If the list of M/VIIBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two- thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specitications in order to assist the M/VIIBEs? Yes No 6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. P/ease use additional sheets, if necessa , and aftach. Com an Name Tele hone Contact Person Sco e of Work Reason for Re'ection Rev. 05/30/03 ATTACHMENT 1C Page 3 of 3 ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain M/V1IBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and �les held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or �ocal laws concerning false - statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/V1/BE Office. Authorized Signature Title Company Name Address City/State/Zip Printed Signature Contact Name and Title (if different) Phone Number Fax Number Email Address Date Rev. 05/30/03 Joint Venture Page 1 of 3 FORT WORTH ` Name of City project: 1 7nin+vnnfi�ra infnrmafinn• CITY OF FORT WORTH Joint Venture Eli�ibilitv Form All questions must be answered; use "NA"ifapplicable A joint venture form must be completed on each project RFPBid/Purchasing Number: Joint Venture Name: Joint Venture Address: (Ijapplicable) Telephone: Facsimile: E-mail address: Cellular: Identify the firxns that comprise the joint venture: P/ease attach extra sheets if additional space is required to provide detailed explanations of work to 6e performed by each firm comprising the 'oint venture M/WBE firm Non-M/WBE name• firm name• Business Address: Business Address: City, State, Zip: City, State, Zip: Telephone Facsimile E-mail Telep6one Facsimile Cellular Cellular Certification Status: E-mail address Name of Certifying Agency: 2. Sco e of work erformed b the Joint Venture: Describe the sco e of work of the M/WBE: Describe the sco e of work of the non-M/WBE: Rev. 5/30/03 Joint Venture Page 2 of 3 3. What is the percentage of M/WBE participation on this joint venture that you wish to be counted toward meeting the project goal? 4. Attach a copy of the joint venture agreement. 5. List components of ownership of joint venture: (Do not complete if this information is described in joint venture agreement) Profit and loss sharing: Capital contributions, including equipment: Other applicable ownership interests: 6. Identify by name, race, sex and firm those individuals (with titles) who are responsible for the day-to-day management and decision making of the joint venture: Financial decisions (to include Account Payable and Receivable): Management decisions: a. Estimating - -------------------------------------- b. Marketing and Sales - - - - - - - - - ------------- - - --- - - - ------ -- - c. Hiring and Firing of management personnel ---------------------------------------------- d. Purchasing of major equipment and/or supplies Supervision of field operations The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the M/WBE percentage applied toward the goal for the project listed on this form. - NOTE: From and after the date of project award, if any of the participants, the individually defined scopes of work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's M/WBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and - may result in debarment in accord with the procedures outlined in the City's M/WBE Ordinance. Rev. 5/30/03 Joint Venture Pa e3of3 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payments herein. The City also reserves the right to request any additionai information deemed necessary to detemune if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits, interviews with owners and examination of the books, records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract, which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false statements or willful misrepresentation of facts. Name ofM/WBE firm Name ofnon-M/WBE firm Printed Name of Owner Printed Name of Owner Signature ofOwner Signature ofOwner Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Title Title Date Date State of On this Notarization County of day of , 20 , before me appeared and to me personally known and who, being duly swom, did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as their free act and deed. Notary Public Print Name Notary Public Signature Commission Expires �Seaq Rev. 5/30/03 GC-6.07 Wage Rates THIS PAGE LEFT INTENTIONALLY BLANK Village Creek WRF Secondary Clarifiers 1-9 Weir Replacement Ciry Project No. 01839 2008 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY AC Mechanic AC Mechanic Hetper Acoustical Ceiling Mechanic Bricktayer/Stone Mason Bricklaver/Stone Mason Hel Concrete Finisher Concrete Form Builder Drvwalt Mechanic Electrician (Journeyrr Electrician Helper Electronic Technician Electronic Technician Floor Layer (Resitient Floor Layer Helper Glazier Glazier Helper Insulator Insulator Helper Laborer Common Laborer Ski(led Lather Painter Painter Helper $14.90 $10.00 $14.00 $10.00 $16.96 $12.31 518-00 $9.00 $17.43 $20.50 $17.76 $12.63 $10.50 $14.91 $16.06 $9.75 Plasterer Plasterer $21.69 Ptumber $12.00 Plumber Helper $15.24 Reinforcing Steel Setter $19.12 Roofer $10.10 Roofer Helper $16.23 Sheet Metal Worker $11.91 Sheet Metal Worker Hetper $13.49 Sprinkler System Instatler $13.12 Sprinkler System instalter Helper $14.62 Steel Worker Structurat $10.91 Concrete Pump Crane, Clamsheel, Backhoe, Derrick, D'Line $13.00 Shovel $9.00 Forklift $20.20 Front End Loader $14.43 Truck Driver $19.86 Welder $12.00 Welder Helper $20.00 $13.00 $18.00 $13.00 $14.78 $11.25 $10.27 $13.18 $16.10 $14.83 $8.00 $18.85 $12.83 $17.25 $12.25 HEAVY & HIGHWAY CONSTRUCTION PREVAILING WAGE RATES 2008 Air Tool O erator $10.06 As halt Distributor O erator $13.99 As halt Pavin Machine O erator $12.78 As halt Raker $11.01 As halt Shoveler $ 8.80 Batchin Plant Wei her $14.15 Broom or Swee er O erator $ 9.88 Bulldozer O erator $13.22 Ca enter $12.80 Concrete Finisher, Pavin $12.85 Concrete Finisher, Structures $13.27 Concrete Pavin Curbin Machine O erator $12.00 Concrete Pavin Finishin Machine O erator $13.63 Concrete Pavin Joint Sealer O erator $12.50 Concrete avin Saw O erator $13.56 Concrete Pavin S reader O erator $14.50 Concrete Rubber $10.61 Crane, Clamshell, Backhoe, Derrick, Dra line, Shovel O erator $14.12 Electrician $18.12 Fla er $ 8.43 Form Builder/Setter, Structures $11.63 Form Setter, Pavin & Curb $11.83 Foundation Drill O erator, Crawler Mounted $13.67 Foundation Drili O erator, Truck Mounted $16.30 Front End Loader O erator $12.62 Laborer, Common $ 9.18 Laborer, Utili $10.65 Mechanic $16.97 Millin Machine O erator, Fine Grade $11.83 Mixer O erator $11.58 Motor Grader O erator, Fine Grade $15.20 Motor Grader O erator, Rou h $14.50 Oiler $14.98 Painter, Structures $13.17 Pavement Markin Machine O erator $10.04 Pi ela er $11.04 Reinforcin Steel Setter, Pavin $14.86 Reinforcin Steel Setter, Structure $16.29 Roiler O erator, Pneumatic, Self-Pro elled $11.07 Roller O erator, Steel Wheel, Flat WheeUTam in $1092 Roller O erator, Steel Wheel, Plant Mix Pavement $11.28 Scra er O erator $11.42 Servicer $12.32 Sli Form Machine O erator $12.33 S reader Box O erator $10.92 Tractor O erator, Crawler T e $12.60 Tractor O erator, Pneumatic $12.91 Travelin Mixer O erator $12.03 Truck Driver, Lowbo -Float $14.93 Truck Driver, Sin le A�cle, Hea $11.47 Truck Driver, Sin le Axle, Li ht $10.91 Truck Driver, Tandem Axle, Semi-Trailer $11.�5 Truck Driver, Transit-Mix $12.08 Wa on Drill, Borin Machine, Post Hole Driller O erator $14.00 Welder $13.57 Work Zone Barricade Servicer $10.09 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY (ADOPTED 6/2010) _ . . - - . - AC Mechanic 525.92 $1.01 $0.19 $0.83 $27.91 AC Mechanic Helper $15.81 $0.00 $0.00 $0.30 $16.77 Acousticat Ceiting Mechanic $15.56 $0.57 $0.03 $0.12 $16.26 Acoustical Ceiling Hetper $12.27 50•19 50.00 $0.00 $12.46 Abestos Worker $0.00 $0.00 $0.00 SO•00 $0.00 Bricklayer/Stone Mason $18.54 $0.24 $0.00 $0.00 $18.78 Bricklayer/Stone Mason Helper $10.39 $0.00 $0.00 $0.00 $10.39 Carpenter $17.08 $1.62 $0.17 $0.81 $19.69 Carpenter Helper $13.45 50.75 $0.08 $0.71 $14.99 Concrete Finisher $13.97 $0.41 $0.04 $0.14 $14.55 Concrete Finisher Helper $12.14 $0.43 50.04 50.11 $12.72 Concrete Form Buitder $14.03 50.67 $0.03 $0.15 $14.88 Concrete Form Builder Hetper $11.72 $0.54 $0.03 $0.10 $12-39 Drywall Mechanic $16.10 $0.56 $0.02 $0.30 $16.98 Drywall Helper $12.43 $0.33 $0.00 50.28 $13.05 Drywall Taper $15.00 $0.07 $0.00 $0.00 $15.07 Drywatt Taper Helper $11.50 $0.07 $0.00 $0.00 511.57 Electrician (Journeyman) $21.77 $1.08 $0.05 50.38 $23.29 Electrician Helper $15.32 $1.09 $0.05 $0.27 $16.73 Etectronic Technician $20.00 $0.00 50.00 $0.00 $20.00 Etectronic Technician Helper $0.00 S0.00 $0.00 $0.00 $0.00 Floor �ayer(Carpet) $0.00 $0.00 $0.00 $0.00 $0.00 Floor Layer (Resilient) 518.00 $0.00 $0.00 $0.00 $18.00 Ftoor Layer Helper $10.00 $0.00 $0.00 $0.00 $10.00 Gtazier $18.53 $1.92 $0.38 $0.71 $21.54 Gtazier Hetper $13.49 $1.20 $0.10 $0.35 $15.13 Insutator S16.59 $0.29 $0.12 $0.08 $17.08 Insutator He(per $11.21 $0.36 50.11 $0.13 $11.81 laborer Common $10.47 $0.70 $0.06 $0.08 $11.30 Laborer Skitled 513.24 $0.98 $0.06 50.12 $14.41 Lather $17.00 $0.00 $0.00 $0.00 $17.00 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY (ADOPTED 6/2010) _ . - - - . . - �ather Helper 515.00 $0.00 $0.00 $0.00 $15.00 Metal Building Assembler $16.00 $1.56 $0.63 50.00 $18•19 Metat Building Assembler Helper $12.00 $1.56 $0.63 $0.00 $14.19 Painter $12.57 $0.69 $0.02 $0.09 $13.37 Painter Helper $9.98 $0.61 $0.02 $0.09 $10.70 Pipefitter $21.14 $0.90 $0.13 50.45 $22.59 Pipefitter Helper $14.92 $0.58 $0.11 $0.23 $15.82 Ptasterer $17.24 $0.05 50.00 $0.00 517-30 Plasterer Helper $12.85 $0.05 $0.12 $0.43 $12.90 Plu m ber 520•33 $0.69 $0.12 $0.43 $21.56 Ptumber Helper 514.95 $0.95 $0.11 $0.00 $16.42 Reinforcing SteelSetter 513.01 $0.36 50.07 $0.23 $13.67 Reinforcing Steel Setter Helper $11.19 $0.25 $0.05 $0.16 $11.64 Roofer $16.78 $1.25 $0.23 $0.17 $18.43 Roofer Helper 512.33 $1.25 $0.23 $0.17 $13.98 Sheet Metat Worker 517.49 $0.97 $0.10 $0.51 519.06 Sheet Metat Worker Helper $14.16 $1.40 50.17 $0.44 $16.15 Sprinkler System Instatler $19.17 $1.68 $0.33 50.33 $21.52 Sprinkler System installer Helper $14.15 $1.50 $0.00 $0.50 $16.07 Steel Worker Structural $19.28 $1.37 $0.55 $0.12 $21.32 Steel Worker Structural Helper 513.74 $1.37 $0.39 $0.09 $15.59 Concrete Pu mp $18.50 $0.00 $0.00 $0.00 518.50 Crane, Clamsheel, Backhoe, Derrick, D'Line Snovel $17.81 $1.30 $0.12 $0.24 $19.48 Forklift $12.96 $0.42 $0.04 $0.08 $13.50 Foundation Drill Operator $22.50 $0.00 $0.00 $0.00 $2Z•50 Front End Loader $13.21 $0.36 $0.06 $0.17 $13.79 Truck Driver $15.21 $0.65 $0.06 $0.19 $16.11 Welder $17.81 $0.92 50.12 50.30 519.15 Welder Helper $12.55 $0.75 $0.00 $0.33 $13.64