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HomeMy WebLinkAboutContract 44060 (2)CITY SECRETAR�" � D.O.E. FILE CONTRACT�R'S �t3N@IfV� ��'yo CONSTRUCTI4N'S CO�' GLIEIV� DEEPAR�t�IE�!'�' 0 FORT'�QRi'� ..����.�. �ROJECT MANCTAL � FOR THE CONSTRUCTION OF 2U�8 CIP Contract 7C City Project No. 01268 Betsy Price Mayor .: i �' err� s�c,�' �/�� ���,,� �,'. �TI3�CT N�o � Tom Higgins City Manager Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department S. Frank Crurnb, P.E. Director, Water Department Prepared for The City of Fort Worth Transportation and Public Works 2012 � � Unit I: Water Improvements — Proj ec� No. P253541� 20060717018688� Unit II: Sanitary Sew�r Improvements — Project No. P2585412007071701268�3 Unat III: Paving and Drainage Improvements — Project No. C20454120020740012883 Burgess & Niple TBPE Firm Registration No. F-10834 P OFFI�IAB. i�ECORD CIiY SECREYARY �'� lNQ�'Q"B�y '�"� ��� � - �:, � - ; � �� . . _ , � � � ' PROJECT MANUAL FOR THE CONSTRUCTION OF 2008 CIP Contract 7C City Project No. 01268 Betsy Price Mayor Tom Higgins City Manager Douglas W. Wiersig, P.E. Director, Transportation and Public Works Deparhnent S. Frank Crumb, P.E. Director, Water Department Prepared for The City of Fort Worth Transportation and Public Works 2012 Unit I: Water Improvements — Project No. P2535412006071'70126883 Unit II: Sanitary Sewer Improvements — Project No. P258541200707170126883 - Unit III: Paving and Drainage Improvements — Project No. C20454120020740012883 Burgess & Niple TBPE Firm Registration No. F-10834 000000-i TABLE OF CONTENTS Page 1 of3 � 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 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 Prequalifcations 00 45 12 Prequalification Statement 00 45 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers' Compensation Law 00 45 40 Minority Business Enterprise Goal 00 52 43 Agreement 00 61 13 Performance Bond 00 61 14 Payment Bond 00 61 19 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division O1 - General Requirements O1 11 00 Summary of Work O1 25 00 Substitution Procedures O1 31 19 Preconstruction Meeting O1 31 20 Project Meetings O1 32 16 Construction Progress Schedule O1 32 33 Preconstruction Video O1 33 00 Submittals O1 35 13 Special Project Procedures O1 35 43 Contaminated Material Handling, Loading, Transportation and Disposal �To be completed in earl�� 'OIZ.J O1 45 23 Testing and Inspection Services O1 50 00 Temporary Facilities and Controls O1 55 26 Street Use Permit and Modifications to Traffic Control O1 57 13 Storm Water Pollution Prevention Plan O1 58 13 Temporary Project Signage O1 60 00 Product Requirements O1 66 00 Product Storage and Handling Requirements O1 70 00 Mobilization and Remobilization O1 71 23 Construction Staking O1 74 23 Cleaning O1 77 19 Closeout Requirements CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 9, 2011 ADD #1 2008 CIP Contract 7C Ciry Project No. 01268 000000-3 TABLE OF CONTENTS Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 L � L � � C 33 11 11 33 11 12 33 12 10 33 12 20 33 12 25 33 12 40 333120 33 39 10 33 39 20 33 41 10 33 41 25 33 49 20 Ductile Iron Fittings Polyvinyl Chloride (PVC) Pressure Pipe Water Services 1-inch to 2-inch Resilient Seated Gate Valve Connection to Existing Water Mains Dry-Barrel Fire Hydrants Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe Cast-in-Place Concrete Manholes Precast Concrete Manholes Reinforced Concrete Storm Sewer Pipe/Culverts Connection to Existing Storm Drain Pipe (To be completed i» earh� 201Z.J Curb and Drop Inlets Division 34 - Transportation 34 71 13 Traffic Control Appendix GC-4.02 Subsurface and Physical Conditions GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 9. 201 1 2008 CIP Contract 7C City Project No. 01268 M&C Review ' � 1 � x t� �, � � �: Ofi�ciai site of the City of Fort VVorth, Texas �flRT ��`(� RTEI �.��.� _�.,.����....w�� � n..��._ �.� .�,, �. �_ �� ..�.u,�.�: �w..m�d ���� �� ,.�.� .�� w. � � COUNCIL ACTION: Approved on 1/8/2013 - Ordinance Nos. 20562-01-2013 8� 20563-01-2013 DATE: •� 1/8/2013 REFERENCE NO.: **C-26036 C TYPE: CONSENT LOG NAME PUBLIC HEARING: 202008 CIP CONTRACT 7C_01268 m SUBJECT: Authorize Execution of a Contract in the Amount of $763,495.20 with McClendon Construction Company, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Main Replacement on Portions of Collinwood Avenue, Penticost Street and Sanguinet Street and the Expenditure in the Amount of $158,910.00 to Provide for Construction Contract Costs, Contingencies and Construction Services for a Project Total of $922,406.00 and Adopt Appropriation Ordinances (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Authorize a transfer in the amount of $239,921.00 from the Water and Sewer Fund in the amount of $228,337.00 to the Water Capital Projects Fund and in the amount of $11,584.00 to the Sewer Capitai Projects Fund; 2. Adopt the attached appropriation ordinances increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $228,337.00 and the Sewer Capital Projects Fund in the amount of $11,584.00 from available funds; and 3. Authorize the execution of a contract with McClendon Construction Company, Inc., in the amount of $763,495.20 for pavement reconstruction, water and sanitary sewer main replacement for the streets listed below. DISCUSSION: As a part of the 2008 Capital Improvement Program for Neighborhood Streets the following streets will be reconstructed: Contract 7C — Council District 7: Collinwood Avenue Merrick Street to Penticost Street Penticost Street EI Campo Avenue to South Dead End Sanguinet Street EI Campo Avenue to Birchman Street In addition to pavement reconstruction, deteriorated water and sanitary sewer lines are to be replaced as specified by the Water Department. The contract was advertised for bid on September 27, 2012 and October 4, 2012, in the Fort Worth Star-Tele rq am. On October 25, 2012, the following bids were received: Bidder McClendon Construction Company, Inc. Stabile & Winn, Inc. Conatser Construction TX, LP RKM Utility Services JLB Contracting, LLC Page 1 of 3 Bid Amount $763,495.20 $777,067.10 $784,720.85 $855,892.00 $857,432.17 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17... 1/9/2013 M&C Review Page 2 of 3 Staff recommends that the low bid in the amount of $763,495.20 submitted by McClendon Construction Company, Inc., be selected and a contract awarded. Funding for this project is in the amounts of $682,485.00 from the 2008 Capital Improvement Program Fund and $239,921.00 from the Water and Sewer Capital Projects Funds and includes the amount of $158,910.00 for contingencies and construction services including surveying, material testing and construction inspection for a project total of $922,406.00. McClendon Construction Company, Inc., is in compliance with the City's Business Diversity Ordinance by committing to 10 percent MBE participation and documenting good faith - effort. McClendon Construction Company, Inc., identified several subcontracting and supplier opportunities. However the MBE's contacted in the areas identified did not submit the lowest bids. The City's MBE goal on this project is 14 percent. This project is located in COUNCIL DISTRICT 7, Mapsco 75E, 75F and 75K. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements 2008 Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budgets, as appropriated, of the Water Capital Projects Fund and the Sewer Capital - Projects Fund. TO Fund/Account/Centers 1 &2� P253 476045 6071701268ZZ 1 &2) P258 476045 7071701268ZZ 2)P253 531350 607170126852 ' 2� P253 531350 607170126880 2)P253 541200 607170126883 2�P253 531200 607170126884 2�P253 531350 607170126884 2)P253 531350 607170126885 2)P253 531350 607170126891 2)P258 531350 707170126852 _ 2)P258 531350 707170126880 2)P258 541200 707170126883 2�P258 531200 707170126884 2)P258 531350 707170126884 2iP258 531350 707170126885 - 2)P258 531350 707170126891 $228.337.00 FROM Fund/Account/Centers 1)PE45 538040 0609020 1) PE45 538040 0709020 3)P253 541200 607170126883 3)P258 541200 707170126883 3) C204 541200 207400126883 $228.337.00 $11,584.00 $192.619.90 8 940.00 $561.935.30 $11,584.00 3 860.00 1 926.00 �202.251.00 4 800.00 1 500.00 $13,500.00 500.00 250.00 100.00 9 834.00 500.00 100.00 700.00 100.00 Submitted for City Manaqer's Office bv� Oriqinatinq Department Head: Additional Information Contact: Fernando Costa (6122) Douglas W. Wiersig (7801) Richard Argomaniz (8653) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17... 1/9/2013 M&C Review ATTACHMENTS 202008 CIP CONTRACT 7C 6175 MAP.pdf 202008 CIP CONTRACT 7C 01268 P253 A013.doc 202008 CIP CONTRACT 7C 01268 P258 A013.doc Page 3 of 3 - http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17... 1/9/�013 000sis-i ADDENDA Page 1 of 1 SECTION 00 0515 ADDENDA �- ADDENDUM #1 ******��**********�:�:****************************#*****��* This Addendum, issued pursuant to the provisions of the Coniract Documents identified by heading above, is hereby made a part of said Documents and should be acl�owledged in the space provided on Page 3 of Section 00 41 00, Bid Form, by all persons submitting bids on the Project. Such acl�owledgement also constitutes certification by the bidder that he has obtained corresponding acl�owledgement of receipt by all of his subcontractors and suppliers. ************************�*s�t**********�***************�** This addendum does not r►eodify the projed bid dart� Plsns This addendum does not modify the plans. Specifications Section 00 45 39, Minvrity and Women Business Enterprise Goal, shall be removed from the specifications. Section 00 45 40, Minority Business Enterprise Goal, shali be added to the specifications. The section is ariached at the end of this addendum. Sectivn 00 52 43, Agreement, Item S.1.A.2.i shall be changed from "MWBE Commitment For�n" to — "MBE and/or SBE Commitment Form" *****�************�**�********s******�*******�*«*s*****�x* This Addendum issued BURGESS & 1�iIPLE, INC. October 2, 2012 C1TY OF FOFiT WORTH STANDARD COIVSTRUCTION SPECIFICATION DOCUMENTS aoos c� comu�c �c Ciry Proj ect No. 01268 William D. Wendland, P.E. 000515-1 ADDENDA Page I of 2 SECTION 00 0515 ADDENDA ADDENDUM #2 �*�*�**�:��****�:*�*******�:******��x��x*�****�*�*�*****��x*�x** This Addendum, issued pursuant to the provisions of the Contract Documents identified by heading above, is hereby made a part of said Documents and should be acknowledged in the space provided on Page 3 of Section 00 41 00, Bid Form, by all persons submitting bids on the Project. Such acknowledgement also constitutes certification by the bidder that he has obtained corresponding acknowledgement of receipt by all of his subcontractors and suppliers. **�x*�x**�x�x*****�*�******���:�x*�x**�**�*�***�x**�=�x�****��***** This addendum does not modify the project bid date. Plans Sheet 18 — This addendum removes 3(three) references to HMAC transition at the end of Collinwood that no longer pertain to the project. Collinwood pavement is 7" Concrete. Sheet 20 — This addendum modifies 2(two) references to the concrete retaining wall with integral sidewalk detail to refer to sheet 21 rather than sheet 18. Sheet 21 — This addendum modifies the retaining wall with integral sidewalk detail to clarify the limits of payment. Tl�is revised sheet shall be reissued with this addendum. Sheet 33 - This addendum modifies the driveway approach detail to match the current specifcations. This revised sheet shall be reissued with this addendum. Specifications Section 00 42 43 Proposal Form shall be modified as follows: Joint Sealant has been removed, as it is subsidiary to the price of pavement. Valve Box Adjustment, Manhole Adjustment (Minor), Irrigation Adjustment and Repair, and Topsoil bid items have been converted to prebid items. These items will have a set unit price that the bidder cannot adjust. Water Meter Box adjustment has been added, as a prebid item paid for per each. CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 000s is-z ADDENDA Page 2 of2 Section 00 42 43 Proposal Form shall be reissued wit� this add�endum. ************��**s�s***s*s*******�**x********************* This Addendum issued BURGESS & 1�TIPLE, INC. aF October 22. 2U12 C1TY OF FORT WdRTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS �* *• ��w�����r��w u 4NL.LIAM D. W�NDLAND . .........................�.� �.�. s�s5s ��. William D. Wendland, P.E. 1 tt 1 Z 2oos c�e c�v�c x City Project No. 01268 001113-1 INVITATION TO BIDDERS Page 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 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 11 13 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of 2008 CIP Contract 7C, City Project No. 01268, Collinwood Avenue, Penticost Street, and Sanguinet Street will be received by the City of Fort Worth Purchasing Office: City of Fort Worth Purchasing Division 1000 Throckmorton Street Fort Worth, Texas 76102 until 1:30 P.M. CST, Thursday, October 25, 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: Unit I — Water Improvements 1710 LF of 8" PVC water pipe by open cut 526 LF of 12" PVC water pipe by open cut 29-water service connections 3-Fire hydrants Unit II — Sewer Improvements 2- 4' sanitary sewer manholes Unit III — Paving & Drainage Improvements 56 LF of 21" RCP storm drain pipe by open cut 10 - 10' storm drain inlets 8560 SY of 7" concrete pavement with integral curb 12200 SF of 6" concrete driveway 4000 SF of 4" concrete sidewalk PREQUALIFICATION The improvements included in this project must be performed by a contractor who is pre- qualified by the City at the time of bid opening. The procedures for qualification and pre- qualification are outlined in the Section 00 21 13 — INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained on-line by visiting the City of Fort Worth's Purchasing Division website at http://www.fortworthgov.or�ipurchasingJ and clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. Copies of the Bidding and Contract Documents may be purchased from William D. Wendland, P.E. at Burgess & Niple, 3950 Fossil Creek Blvd., Ste #210 (P:817-306-1444). The cost of Bidding and Contract Documents is: Set of Bidding and Contract Documents with full size drawings: $60.00 Set of Bidding and Contract Documents with half size (if available) drawings: $40.00 CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised July i, 2011 00 11 13 - 2 INVITATION TO BIDDERS Page2 of2 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 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: October 15, 2012 TIME: 10:00 AM PLACE: City of Fort Worth Municipal Building 1000 Throckmorton St. Fort Worth, Texas 76102 LOCATION: Transportation Public Works Room 270 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: Richard Argomaniz, P.E., City of Fort Worth Email: richard.argomaniz@fortworthtexas.gov Phone: 817-392-8653 AND/OR Attn: William D. Wendland, P.E., Burgess & Niple Email: william.wendland@burgessniple.com Phone: 817-306-1444 ADVERTISEMENT DATES September 27, 2012 October 4, 2012 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS Revised July 1, 2011 2008 CIP Contract 7C City Project No. 01268 002113-1 iNSTRUCTIONS TO BIDDERS Page 1 of9 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 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS 1. Defined Terms 1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for perfornung the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.23. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. All Bidders and their subcontractors are required to be prequalified for the work types requiring prequalification at the time of bidding. Bids received from contractors who are not prequalified (even if inadvertently opened) shall not be considered. 3.2. Each Bidder unless currently prequalified, must be prepared to submit to City within seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 45 1 l, 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. CITI' OF FORT WORTA 2008 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCLJMENTS City Project No. 01268 Revised 7uly 1, 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 � 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 i'7 18 19 3.4.In addition to prequalification, additional requirements for qualifcation may be required within various sections of the Contract Documents. 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4_ 1. Before submitting a Bid, each Bidder sha11: 20 4.1.1. Examine and carefully study the Contract Documents and other related data 21 identified in the Bidding Documents (including "technical data" referred to in 22 Paragraph 42. below). No information given by City or any representative of the 23 City other than that contained in the Contract Documents and officially 24 promulgated addenda thereto, shall be binding upon the City. 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 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 furnishing 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 Conditions, 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 shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda. thereto, shall be binding upon the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2008 CIP Contract 7C City Project No. 01268 00 21 13 - 3 INSTRUCTIONS TO BIDDERS Page 3 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 4.1.6. Perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. On request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal is prima-facie evidence that the Bidder has made the investigation, examinations and tests herein required Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. 4.1.8. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfllment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 4.2. l. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 422. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2008 CIP Contract 7C City Project No. 01268 00 21 13 - 4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) 2 that Bidder has complied with every requirement of this Paragraph 4, (ii) that without 3 exception the Bid is premised upon performing and furnishing the Work required by the 4 Contract Documents and applying the specific means, methods, techniques, sequences or 5 procedures of construction (if any) that may be shown or indicated or expressly required 6 by the Contract Documents, (iii) that Bidder has given City written notice of ail 7 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 8 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 9 etc., have not been resolved through the interpretations by City as described in 10 Paragraph 6_, and (iv) that the Contract Documents are generally sufficient to indicate 11 and convey understanding of all terms and conditions for performing and furnishing the 12 Work. 13 14 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 15 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 16 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract 17 Documents. 18 19 5. Availability of Lands for Work, Etc. 20 21 5.1. The lands upon which the Work is to be performed, rights-of-way and easements for 22 access thereto and other lands designated for use by Contractor in performing the Work 23 are identiiied in the Contract Documents. All additionai 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 struchues or permanent changes in existing 27 facilities are to be obtained and paid for by City unless otherwise provided in the 28 Contract Documents. 29 30 5.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 31 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 32 of-way, easements, and/or perxnits are not obtained, the City reserves the right to cancel 33 the award of contract at any time before the Bidder begins any construction work on the 34 proj ect. 35 36 53. The Bidder shall be prepared to commence construction without all executed right-of- 37 way, easements, and/or permits, and shall submit a schedule to the City of how 38 construction will proceed in the other areas of the project that do not require permits 39 and/or easements. 40 41 6. Interpretations and Addenda 42 CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS City Project No. 01268 Revised July 1, 2011 00 21 13 - 5 1NSTRUCTIONS TO BIDDERS PageS of9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1'7 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 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 ta Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Address questions to: City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Attn: Richard Argomaniz, Transportation and Public Works Fax: 81'7-392-7854 Email: richard.argomaniz@fortworthtexas.gov Phone:(817)392-8653 62. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3. Addenda or clarifications may be posted via Buzzsaw at http://www. fortworthgov. or�/�urchasinQ/ 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers 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. l. Each Bid must be accompanied by Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting the requirements of Paragraphs 5.01 of the General Conditions. 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and deliver the complete Agreement within 10 days after the Notice of Award, City may consider Bidder to be in default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all other Bidders whom City believes to have a reasonable chance of receiving the award will be retained by City until fnal contract execution. CITY OF FORT WORTA STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2008 CIP Contract 7C City Project No. 01268 00 21 13 - 6 INSTRUCTIONS TO BIDDERS Pa�e 6 of 9 1 8. Contract Times 2 The number of days within which, or the dates by which, Milestones are to be achieved in 3 accordance with the General Requirements and the Work is to be completed and ready for 4 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 5 attached Bid Form. 7 9. Liquidated Damages 8 Provisions for liquidated damages are set forth in the Agreement. 10 10. Substitute and "Or-Equal" Items 11 The Contract, if awarded, will be on the basis of materials and equipment described in the 12 Bidding Documents without consideration of possible substitute or "or-equal" items. 13 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or "or- 14 equal" item of material or equipment may be fizrnished or used by Contractor if acceptable to 15 City, application for such acceptance will not be considered by City until after the Effective 16 Date of the Agreement. The procedure for submission of any such application by Contractor 1� and consideration by City is set forth in Paragraphs 6.OSA., 6.OSB. and 6.OSC. of the General 18 Conditions and is supplemented in Section O1 25 00 of the General Requirements. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 11. Subcontractors, Suppliers and Others 1 l.l. 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 sha11 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. 36 12. Bid Form 37 38 39 40 41 42 43 44 45 46 47 48 49 50 12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the City. 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, written in ink in both words and numerals, for which the Bidder proposes to do the work contemplated or furnish materials required. All prices shall be written legibly. In case of discrepancy between price in written words and the price in written numerals, the price in written words shall govem. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2008 CIP Contract'7C City Project No. 01268 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 37 38 39 40 41 42 43 44 45 46 47 48 49 50 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president ar other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corparate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official 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 official address of the joint venture shall be shown. All names shall be typed or printed in ink below the signature. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number, Project title, the name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 14. Modification and Withdrawal of Bids 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. After all Bids not requested for withdrawal are opened and publicly read aloud, the Bids for which a withdrawal request has been properly filed may, at the option of the City, be retuxned unopened. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 2008 CIP Contract 7C City Project No. 01268 00 21 13 - 8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 2 time set for the closing of Bid receipt. 3 4 15. Opening of Bids 5 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 6 abstract of the amounts of the base Bids and major alternates (if any) will be made available 7 to Bidders after the opening of Bids. 9 16. Bids to Remain Subject to Acceptance 10 All Bids will remain subject to acceptance for the time period specified for Notice of Award 11 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 12 City's sole discretion, release any Bid and nullify the Bid security prior to that date. 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 1'7. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by City. City also reserves the right to waive informalities not involving price, contract time or changes in the Work with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures wi11 be resolved in favor of the words_ 17.1.1. Any or all bids wi11 be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in 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. 46 17.3. City may conduct such investigations as City deems necessary to assist in the 47 evaluation of any Bid and to establish the responsibility, qualifications, and financial 48 ability of Bidders, proposed Subcontractors, Suppliers and other persons and 49 organizations to perform and furnish the Wark in accordance with the Contract 50 Documents to City's satisfaction within the prescribed time. 51 CITI' OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCiJMENTS City Project No. 01268 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 26 27 28 29 30 31 32 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is riot awarded until formal City Council autharization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by the City. 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement. 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July l, 2011 2008 CIP Coniract 7C City Project No. 01268 003513-1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 3 SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may be downloaded from the website links provided below. http:Uwww.ethics. state.tx.us/forms/CIQ.pdf http://www.ethics.state.tx.us/forms/CIS.pdf �CIQ Form is on file with City Secretary � � � CIQ Form is being provided to the City Secretary CIS Form is on File with City Secretary CIS Form is being provided to the City Secretary BIDDER: McClendon Construction Co., Inc Dan McClendon By: Company lease Print) PO Box 999 Ci��/�� " Signature: Address Burleson, TX 76097 City/State/Zip Title: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 President (Please Print) '�'eighborhood Streets Contract 3B Crry Project No. 01225 00 35 13 - 2 CONFLICT OF INTEREST AFFIDAVIT Page 2 of 3 CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business wRh local govemmental entity 7T[a queeConnalra �etlecb changee made to t!re lar br H_B_ 1491, BOth Leg.. Regular Seaelo2 FORM CIQ OFFlCE USEOHLY This questio�rt3i2 es bemg filed "m aocardance with Chap4� 178. Loral Gwemment Code ���� by a person who has a business 21a5onshq� � defined by Section 178.001( t,a) with a local gouemmental endity and the person meets requirem�� inder Secaon 178.006(a)- By L3w U�is ques0orv�ai2 nx�Y be filed wilh the r�cotds admin6ba0or o6 the local governrreen"aE ersrity not later than the 7th buseiess day after the date the person becomes aware oE facfs that require the siammer►i in be filed_ See Secaon 176_[�8, Loca1 Govemmerrt Code_ A person canmi� an ofiense 'rf the person knowingly viotates SecAon 178_6�8. Local Govemmeru Code_ An oFiense �mder this section is a Class C misdemeartor. Name of person �rho has a ❑ Check Utis box relationsFtip with local govemmet�l entity. filing an update to a previausly filed questionnaire_ (The law requires that you fite an updated comple�d questionnaire with the apprapriate Sling authority not lao-s than the 7th busaeess day �r the d� the o�igv�ady �ed questionna've becornes incwnple� or as�ca�ate_) Narne of local goremmerR ofi�cer s�ith whom filer has employment or business relationsh�_ N�ne of Of�cer This sec�on {it�n 3 induding subparts �L B, C& D) must be completed for each o`Bcer wifh whom the 51er has � e�loyrt�errt or o6her business relatiaiship as d�5ned by Sectiai 178.001(1�a). Local Go�rertment Code. Att3ch addit�a�aE pages to this Form CIQ as necEssary. A Is the Iocal gwemrt�vt officer rtarned in this section reoenring or likely to recenre �ble incame, other rt»an inv�trnent ixome, 4om fhe filer c� Ehe questionnai27 � Yes a No B. Is die 51� of the questionnaire receiv6�g ar liizly m receive �acab{e aicome. other than inv�sunerrt income. from or at tlee drection of tl�e bc31 govemenent o.`iicer named in tivs secbon AND tl�e tazable income is not 2cenred from tlae loc�1 9ouemmers'�I eritigi� � Yes � No C. Is the files of this questionre38e employed by a corporaGon or othes business entity wrth respec[ to w!iich che loc� gouernm�nt aScer serve5 as � aFicer or direc,tor, or hdds an owr�ership of 10 peroent or rrae? � VEs � IYn D. D�cnbe each employmertt or business relatimrstiip eith the local govemrt�ent �iicer nart�ed ai ttus seetion. "�� � s��iae o� pesan adng nusness xim �e gn�emmeraai e�ttry � ACoQteC o6f29t20o7 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 �'eighborhood Streets Contract 3B Ciry Project No. 01225 00 35 13 - 3 CONFLICT OF INTEREST AFFIDAVIT Page 3 of 3 LOCAL GOVERNMENT OFFICER FORM CIS CONFLICTS DISCLOSURE STATEMENT (Ir�tx�ons �orcomple:ing and fifm8 this fwm are provided rn the ne�R PaBP ) rn�a queebo�matre renecb enangee maoe to U�e law by tte. la9i. 8oth Leg. Reguwr seea�on- OFFiCEl18EOf�Y This is the noace to the appropriaEe IocaJ govemmenL31 eritity that the 5o11awing loral govemmerrt afficer has become aware of facts that require the officertio file this st3tenient ���'� ai acco�dan� witli Chapter 178. Loca1 Govemmert[ Code_ 1 Name of Local6ovemment Officer 2 Office Held $ Name of person described by Seetions 176.002�a) and 176_003(a). Lowl Govemment Code a Description of the nature and ertent of employment or other 6usiness relationship vith person named in item 3 5 List grftr accepted by the locaJ government ofiicer and any family member, excluding gif� descnbed by Section 176.003�a-1). if aggregate value of the gifts aceepted from person named in item 3 exceed 5250 during the 12-month period described by Section 176_003(a)(2)�8) Date Gi=`tAccepted Description o`G7ft Date Gift Acceprod Description of Gift Date GiftAccepted Descnption of GiR (atbch addaional fomis as necersary) 6 ��� i saear urroer PE'�ry � P�1�+Y mat tt� adove aat�rce�t �s 5ue aia rarccc ; actrow�� m� me ais�ao�ure appaes to a tarrory rr�e�roer [as aenroa try Scqon 176.0.77(2}, '�nca Goverm�2rrt Cotle) of Rts [ amcei I dlso a�'9EdgA rt�a[ ttYs �rt cw2rs Of2 12-ma�fi bY SecUon 170.003{a;. Lod Gov[irin�t Cotle �g�a4�2 or �or� GDuanrros8 Oilfcef A�FI7[ NOTAh7 97ANP : �FAL AbOVE svom ao a.,a �,r..croeo oerwe me. or v+e �ia tl�ls O�e Oay ai zo . tn cere.y wtvcn. wt�+ers my A�na ana .ea� o' a'Me. � Sqnat�ae af oncc a�,7mw;aertrip wv� Pnntetl name a'o7ncer aCm�nCt=nriq wm T,9e a' ortfoer aCmtil�ertrtq oatn Aooptea �er2?,2�07 END OF SECTION CITY OF FORT WORTH �erghbo��hood Sn�eets Coian�acr 3B STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Cin Project ;1 "o. 0132� Revised July 1, 2011 00 41 00 BID FORM Page 2 of 9 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.: 1268 2008 CIP Contract 7C Collinwood Avenue, Penticost Street, and Sanguinet Street Units/Sections: Unit I- Water Improvements Unit II - Sanitary Sewer Improvements Unit I11- Paving and Drainage Improvements 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 furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and wili provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, coilusive, or coercive practices in competing for the Contract_ For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Proposal - Addendum #2 0o ai oa BID FORM Page 2 of 3 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Concrete Construction/Reconstruction b. Asphalt Construction/Reconstruction c. Water Line Construction d. Sewer Line Construction 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 180 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: �a!This Bid Form, Section 00 41 00 / b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. �Proposal Form, Section 00 42 43 �endor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) �requalification Statement, Section 00 45 12 ,g!Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h/Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. Total Bid CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 $763,495.20 Proposal - Addendum #2 0o ai ao BID FORM Page 4 of 9 7. Bid Submittal This Bid is submitted on 10/25/12 by the entity named below. Respectfu ubmitted, BY- (Signature) Dan McClendon (Printed Name) Title: President � Company: McClendon Construction Address: PO Box 999 Burleson, TX 76028 r- State of Incorporation: TX Emall: Ibiair(o�mcclendonconstruction.omc Phone: 817-295-0066 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Receipt is acknowledged of �nitial the followin Addenda: Addendum No. 1: Addendum No. 2: Addendum No. 3: Addendum No. 4: Corporate Seal: Proposal - Addendum #2 00 42 43 BID PROPOSAL Page 5 of 9 SECTION 00 42 43 PROPOSAL FORM Bidder's Application '• : 1 Project Item Information Bidder's Proposal Bidlist Item Description Specification Unit of Bid Quantity Unit Price Bid Value No. Section No. Measure 1 0241.1302 Remove 6" Water Valve 02 41 14 EA 3 $50.00 $150.00 2 0241.1305 Remove 12" Water Vaive 02 41 14 EA 1 $100.00 $100.00 3 0241.1510 Saivage Fire Nydrant 02 41 14 EA 3 $250.00 $750.00 4 3201.0400 Tem ora Asphalt Paving Re air 32 01 18 LF 2484 $8.25 $20,493.00 5 3201.0611 6" Conc Pvmt Re air 32 01 29 SY 56 $75.00 $4,200.00 6 320'I.O� 13 6' Wide As halt Pvmt Re air, Residential 32 01 17 lF 83 $47.00 $3,901.00 7 3304.0101 Temporary Water ServiCes 33 04 30 LS 1 $20,000.00 $20,000.00 8 3311.0161 6" PVC Water Pi e 33 11 12 LF 33 $32.00 $1,056.00 9 3311.0261 8" PVC Water Pi e 33 11 12 LF 1710 $34.50 $58,995.00 10 3311.0461 12" PVC Water Pi e 33 11 12 LF 526 $48.00 $25,248.00 11 3305.0109 Trench Safety 33 OS 10 LF 2269 $0.10 $226.90 12 3312.0001 Fire H drant 33 12 40 EA 3 $2,250.00 $6,750.00 13 3305.0101 Fire H drant Stem Extension 33 05 14 EA 3 $250.00 $750.00 14 3312.3002 6" Gate Valve 33 12 20 EA 3 $700.00 $2,100.00 15 3312.3003 8" Gate Valve 33 12 20 EA 2 $1,050.00 $2,100.00 16 3312.3005 12" Gate Valve 33 12 20 EA 1 $1,900.00 $1,900.00 17 3312.4107 12" x 8" Ta � Sieeve & Valve 33 12 25 EA 1 $2,400.00 $2,400.00 18 3311.0001 Ductile Iron Water Fittings 33 11 11 TON 2 $4,900.00 $9,800.00 19 33122001 1" Water Service, Meter Relocation 33 12 10 EA 3 $300.00 $900.00 20 3312.2003 'I"WaterService 331210 EA 26 $825.00 $21,450.00 21 3312.2103 1 1/2" WaterService 331210 EA 3 $1,850.00 $5,550.00 22 3312.2203 2" Water Service 33 12 10 EA 1 $2,000.00 $2,000.00 23 0241.1205 12" WaterAbandonment Piug 0241 14 EA_ 4 $250.00 _ $1,000.00 24 3125.0101 SWPPP >_ 1 acre 31 25 00 LS 1 $500.00 $500.00 25 3471.0001 Tra�c Control 34 71 13 MO 3 $100.00 $300.00 Bid Summary Total Bid Unrt I: Water Improvements $192 619.90 26 0241.2201 Remove 4' Sewer Manhole 02 41 14 EA 1 $250.00 $250.00 33 39 10 27 3339.1001 4' Manhole 33 39 20 EA 2 $2,800.00 $5,600.00 28 3305.0112 Concrete Collar 33 OS 17 EA 2 $5.00 $10.00 29 3301.0101 Manhole Vacuum Testing 33 01 30 EA 2 $125.00 $250.00 30 3331.4115 8" Sewer P�e __ 33 31 20 LF _ 27 $45.00 $1,215.00 31 3305.0109 Trench Safe 33 05 10 LF 27 $5.00 $135.00 32 3301.0001 Pre-CCN Ins ection 33 01 31 LF 27 $20.00 $540.00 33 3301.0002 Post-CCN Ins ection 33 01 31 LF 27 $20.00 $540.00 34 3201.0400 Tem ora As halt Pavin Re air 32 01 18 LF 40 $10.00 $400.00 Bid Summary Total Bid Unit 11: Sanitary Sewer Improvements $8 940.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIEICATION DOCUMENi'S Form Revised 20120120 Proposal - Addrndum #2 SECTION 00 42 43 PROPOSAL FORM iJNIT PRICE BID Project Item Information Bidlist Item No. DescripUoa 35 0241. 0100 Remove Sidewaik 36 0241.0401 Remove Concrete Drive 37 0241.1300 Remove Conc Curb&Gutter 38 0241.3011 Remove 15" Storm Line 39 0241.3013 Remove 18" Storm Line 40 0241.3015 Remove 24" Storm Line 41 9999.0000 Remove 5' Curb Inlet 42 0241.4001 Remove 10' Curb Inlet 43 3123.0101 Unclassified Excavation 44 3211.0502 8" Lime Treatment 45 3211.0400 Lime 46 9999.0000 7" Conc Pvmt w/ integral Gurb 47 9999.0000 Pavement Header 48 3212.0401 HMAC Transition 49 3216.0102 7" Conc Curb and Gutter 50 3213.0501 4' Barrier Free Ram �pe A _ 51 3213.0502 4' Barrier Free Ramp, Type B 52 3213.0401 6" Concrete Drivewa 53 3213.0451 6" Concrete Driveway, F�cposed Aggregate 54 3213.0301 4" Conc Sidewaik 55 3213.0351 4" Conc Sidewaik, Exposed Aggregate 56 3232.0100 Conc Ret Wail with Sidewalk 56 9999.0000 6.5" Sidewalk adjacent to Conc. Retaining Wali 57 3305.0111 Valve Box Adjustment 58 3305.0107 Manhoie Adjustment, Minor 59 9999.0000 Water Meter Box Adjustment 60 9999.0000 Irrigation Adjustment and Repair 61 3291.0100 Topsoil _ 62 3349.5001 10' Curb Iniet 63 3341.0201 21" RCP, Class III 64 3341.0205 24" RCP, Class III 65 3125.0101 SWPPP Z 1 acre 66 3471.0001 Traffic Control CITY OF FORT WORTH STANDARD CONSTROCTION SPECIF[CATION DOCUMEN'I'S Fonn Revised 20120120 Bidder's Application Bidder's Proposal Specification Unit of Bid Qnanrity Unit Price Bid Value Section No. Measure 024113 SF 3168 $0.60 $1,90 02 41 13 SF 12180 $0.70 $8,52 02 41 15 LF 3350 $1.50 $5,02 024114 LF 31 $5.00 $15 02 41 14 LF 92 $8-00 $73 02 41 14 LF 37 $10.00 $37 02 41 14 EA 5 $500.00 $2,50 02 41 14 EA 4 $600.00 $2,40 312316 CY 4580 $12.00 $54,96 321129 SY 8870 $2.00 $17,74 321129 TN 212 $140.00 $29,68 321313 SY 8560 $31.00 $265,36 321313 lF 250 $3.50 $87 321216 TN 24 $180.00 $4,32 321613 LF 110 $20.00 $2,20 321320 EA 3 $500.00 $1,50 3213 20 EA 14 $500.00 $7,00 32 13 20 SF 11080 $6.00 $66,48 32 13 20 SF 1100 $6.25 $6,87 32 13 20 SF 3704 $4.25 $15,74 321320 SF 296 $4.50 $1,33 323213 SF 42 $30.00 $1,26 311320 SF 220 $5.00 $1,10 330514 EA 6 $300.00 $1,80 33 OS 14 EA 2 $500.00 $1,00 33 05 14 EA 29 $35.00 $1,01 LS 1 $10,000.00 $10,00 32 91 19 CY 570 $16.00 $9,12 33 49 20 EA 10 $2,900.00 $29,00 334110 LF 156 $56.50 $8,81 33 41 10 LF 37 $63.50 $2,34 31 25 00 LS 1 $500.00 $50 34 71 13 MO 3 $100.00 $30 Bid Summary Total Bid Unit III: Paving and Drai�age improvements $561,93 Total Bid Units i, II, and III $763_49 00 42 43 BID PROPOSAL Page 6 of 9 0.00 2.00 2.00 0.00 0.00 5.00 4.00 Proposal - Addendum #2 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 8 of 9 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresidenYs principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of State Here or Biank , our principal place of business, are required to be % Here percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of State Here or Blank , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. 0 BIDDER: McClendon Construction By a McClendon PO Box 999 `i'���� Burleson, TX 76028 (Signature) Title: President Date: ` � � � ��� END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 Proposal - Addendum #2 004511-1 BIDDERS PREQUALIFICATIONS Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 SECTION 00 45 11 BIDDERS PREQUALIFICATIONS 1. Summary. All contractors are required to be prequali�ed by the City prior to submitting bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder Prequalification Application in accardance with the requirements below. The prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. The information must be submitted seven (7) days prior to the date of the opening of bids. For example, a contractor wishing to submit bids on projects to be opened on the 7th of April must file the information by the 31st day of March in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's Prequalification Application, the following must accompany the submission. a. A complete set of audited or reviewed financial statements. (1) Classified Balance Sheet (2) Income Statement (3) Statement of Cash Flows (4) Statement of Retained Earnings (5) Notes to the Financial Statements, if any b. A certified copy of the %rm's organizational documents (Corporate Charter, Articles of Incorporation, Articles of Organization, Certificate of Formation, LLC Regulations, Certificate of Limited Partnership Agreement). c. A completed Bidder Prequalification Application. (1) The firm's Texas Taxpayer ldentification Number as issued by the Texas Comptroller of Public Accounts. To obtain a Texas Taxpayer ldentification number visit the Texas Comptroller of Public Accounts online at the following web address www.window.state.tx.us/taxpermit/ and fill out the application to apply for your Texas tax ID. (2) The firm's e-mail address and fax number. (3) The firm's DUNS number as issued by Dun & Bradstreet. This number is used by the City for required reporting on Fecieral Aid projects. The DUNS number may be obtained at www.dnb.com. d. Resumes reflecting the construction experience of the principles of the firm for firms submitting their initial prequalification. These resumes should include the size and scope of the work performed. e. Other information as requested by the City. 2. Prequalification Requirements a. Financial Statements. Financial statement submission must be provided in accordance with the following: (1) The City requires that the original Financial Statement or a certifed copy be submitted for consideration. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2008 CIP Contract 7C City Project No. 01268 00 45 11 - 2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1) express an unqualified opinion, or (2) express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The fnancial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital = current assets — current 26 liabilities) by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new fmancial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report, the notation of 37 "None" or "N/A" should be inserted. 38 (2) A minimum of five (5) references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer, model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility to Sid 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 00 45 11 - 3 BIDDERS PREQUALIFICATIONS Page 3 of 3 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid the prequalified work types until the expiration date stated in the letter. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2008 CIP Contract 7C City Project No. 01268 00 45 12 BID FORM Page 9 of 9 � � SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Concrete McClendon Construction 12/31/2012 Construction/Reconstruction Asphalt McClendon Construction 12/31/2012 Construction/Reconstruction Water Line Construction R&D Burns Brothers Inc 2/28/2013 Sewer Line Construction R&D Burns Brothers Ins 2/28/2013 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: McClendon Construction PO Box 999 Burleson, TX 76028 B : Dan McClendon (Signature) Title: President Date: l0 �S ��� � � r CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 END OF SECTION Proposal - Addendum #2 �� �� �� �:� � �� ` � SECTION 00 45 13 BIDDER PREQUALIFICATION APPLICATION Date of Balance Sheet Name under which you wish to qualify Post Office Box Street Address (required) Telephone � Mark only one: Q Individual Q Limited Partnership Q General Partnership � Corparation Q Limited Liability Company City State City State Fax Area Code Number Area Code Number Zip Code Zip Code E-mail Address Texas Taxpayer ldentification No. Federal Employers Identification No. DUNS No. (if applicable) MAIL THIS QUESTIONNAIRE ALONG WITH FINANCIAL STATEMENTS TO: CITY OF FORT WORTH TEXAS 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102-6311 AND MARK THE ENVELOPE: "BIDDER PREQUALIFICATION APPLICATION" 004513-1 BIDDER PREQUALIFICATION APPLICATION Page 1 of 1 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/ar Block 2 is checked) �has fewer than 100 employees and/or �has less than $6,000,000.00 in annual gross receipts O� �does not meet the criteria for being designated a sma11 business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalif ed_ 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 Tunneling — 66" and greater, 350 LF and greater Tunneling — 66" and greater, 350 LF or Less Cathodic Protection Water Distribution, Development, 8-inch diameter and smaller Water Distribution, Urban and Renewal, 8-inch diameter and smaller Water Distribution, Development, 12-inch diameter and smaller Water Distribution, Urban and Renewal, 12-inch diameter and smaller Water Transmission, Development, 24-inches and smaller Water Transmission, Urban/Renewal, 24-inches and smaller Water Transmission, Development, 42-inches and smaller Water Transmission, Urban/Renewal, 42-inches and smaller Water Transmission, Development, All Sizes Water Transmission, Urban/Renewal, All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches — 36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller , 18-inches and smaller , 24-inches and smaller , 42-inches and smaller , 48-inches and smaller CIPP, 12-inches and smaller CIPP, 24-inches and smaller CITY OF FORT WORTA STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED [INSERT REVISION DATE] 004513-1 BIDDER PREQUALIFICATION APPLICATION • Page 1 of 1 MAJOR WORK CATEGORIES, CONTINUED Sewer CIPP, 42-inches and smaller Sewer CIPP, All Sizes Sewer Collection System, Development, 8-inches and smaller Sewer Collection System, Urban/Renewal, 8-inches and smaller Sewer Collection System, Development, 12-inches and smaller Sewer Collection System, Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development, 24-inches and smaller Sewer Interceptors, Urban/Renewal, 24-inches and smaller Sewer Interceptors, Development, 42-inches and smaller Sewer Interceptors, Urban/Renewal, 42-inches and smaller Sewer Interceptors, Development, 48-inches and smaller Sewer Interceptors, Urban/Renewal, 48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement, A11 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 'aving Construction/Reconstruction (LESS THAN 10,000 square yards) 'aving Construction/Reconstruction (10,000 square yards and GREATER) 'aving Heavy Maintenance (UNDER $1,000,000) 'aving Heavy Maintenance ($1,000,000 and OVER) Paving Construction/Reconstruction (LESS THAN 10,000 square yards) Paving Construction/Reconstruction (10,000 square yards and GREATER) and Pedestrian Lighting CTI'I' OF FORT WOR1ii STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED [INSERT REVISION DATE] 004513-1 BIDDER PREQUALIFICATION APPLICATION Page 1 of 1 1. List equipment which you do not own but which is available by renting DESCRII'TION OF EQUII'MENT 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 00 45 13 - 1 BIDDER PREQUALIFICATION APPLICATION Page 1 of 1 7. Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? the name of individual, name of owner and reason. 8. In what other lines of business are you financially interested? If so, state 9. Have you ever perforxned any work for the City? If so, when and to whom do you refer? 10. Give names and detailed addresses of all producers from whom you have purchased principal materials during the last three years? NAME OF FIRM OR COMPANY DETAILED ADDRESS 1 l. Give the names of anv affiliates or relatives currentiv debarred bv the Citv. Indicate vour relationship to this verson or firm. 12. What is the construction experience of the principal individuals in your organization? YEARSOF PRESENT POSITION CONSTRUCTION MAGNITUDE AND NAME OR OFFICE EXPERIENCE TYPE OF WORK IN WHAT CAPACITY CTI'1' OF FORT WORTH STANDARD CONSTRUCTION SPECIFTCATION DOCUMENTS REVISED July 1, 2011 004513-1 BIDDER PREQUALIFICATION APPLICATION Page 1 of 1 13. If any owner, officer, director, or stockholder of your firm is an employee of the City, or shares the same household with a City employee, please list the name of the City employee and the relationship. In addition, list any City 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 licare and assistance from that person as a direct result of a documented medical condition. This includes foster children or those Irelated by adoption or marriage. CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: If a partnership: State of Incorporation State of organization Date of Incorporation Date of organization Charter/File No. Is partnership general, limited, or registered limited liability partnership? President Vice Presidents File No. (if Limited Partnership) General Partners/Officers: Limited Partners (if applicable): Secretary Treasurer LIMITED LIABILITY COMPANY BLOCK If an LLC: Individuals authorized to sign for partnership: State of Incorporation: Date of Organization: File No. Officers or Managers (with titles, if any): Egcept for limited partners, the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised. Should you wish to grant signature authority for additional individuals, please attach a certified copy of the corporate resolution, corporate minutes, partnership agreement, power of attorney or other legal documentation which grants this authority. crrY oF FoxT wox� 2008 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS xEVISED Ju1y i, 2oi1 City Project No. 01268 004513-1 BIDDER PREQUALIFICATION APPLICATION Page 1 of 1 14. Equipment $ TOTAL BALANCE SHEET ITEM QUANTITY ITEM DESCRIl'TION VALUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Various - TOTAL Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as "various". The City, by allowing you to show only 30 types of equipment, reserves the right to request a complete, detailed list of all your equipment. - The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for _ which the firm is seeking qualiiication. In the description include, the manufacturer, model, and general common description of each. CTI'I' OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ,_ REVISED July 1, 2011 004513-1 BIDDER PREQUALIFICATION APPLICATION Page 1 of 1 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given; that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as wall as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information, while this statement is in force, necessary to verify said statement. , being duly sworn, deposes and says that he/she is the of the entity described in and which executed the foregoing stsatement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this day of , Notary Public Notary Public must not be an 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 1 of 1 � 1 2 3 4 5 6 7 8 9 10 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 01268. 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: Compa�CC��;1G�� Gr�rS�ra���i�€'a F'.�. Fi�X g9� BUrlesoe�, Texa� �'6�97 Address City/State/Zip 0 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 ` THE STATE OF TEXAS COUNTY OF TARRANT 0 By: DA�! �L��'���', Please Print) Signature: Title: pR�-��"��i�� (Please Print) .��B FORE ME, the und signed authority, on this day personally appeared �,�'�� C� c��_. , laiown to me to be the person whose name is subscribed to the foregoin,.g mst ment, and acknowledged to me that he/she executed the same as the act and deed of 1�J1 cC.l� -� � for the purposes and consideration therein expressed and in the capacity herein stated. N �jER MY HAND AND SEAL OF OFFICE this �`�� day of Li�IL.111,C1� , 20 � t! �dz�, Notary P 'c in and for the State of Texas 't"�' �'��;- MARY J. PORTER END OF SECTION ��' °_ �.`�0; MY COMMISSION EXPIRES '�;F.� �,� September 17, 2016 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2008 Contract 7C City Project No. 01268 00 45 40-i MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page 1 of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 SECTION 00 45 40 MINORITY BUSiNESS ENTERPRISE GOAL APPLICATION OF POLICY If the total dollar value of the contract is greater than $50,000, then the MBE subcontracting goal may be applicable. If the total dollar value of the contract is $50,000 or less, the MBE subcontracting goai is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. MBE PROJECT GOAL The City's MBE goal on this project is 14% of the total bid (Base bid applies to Parks and Community Services). Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. COMPLIANCE TO BID SPECIFICATIONS On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are required to comply with the intent of the City's Business Diversity Ordinance by one of the following: 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation, or 3. Good Faith Effort documentation, or; 4. Waiver documentation. Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non- responsive. Any questions, please contact the MlWBE Office at (817) 392-6104. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the times allocated, in order for the entire bid to be considered responsive to the specificat 1. Subcontractor Utilization Form, if goal is met or exceeded: 2. Good Faith Effort and Subcontractor Utilization Form, if participation is less than stated goal: 3. Good Faith Effort and Subcontractor Utilization Form, if no MBE artici ation: 4. Prime Contractor Waiver Form, if firm will erform all subcontracrin su lier work: 5. Joint Venture Form, if utilizing a joint venture to meet or exceed goal. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid onening date, exclusive of the bid onenin� date. 37 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 2008 CIP Conuact 7C City Project No. 01268 00 52 43 - 1 Agreeinent Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 SECTION 00 52 43 A.GRFF,MENT THIS AGREEMENT, authorized on�A� o� 2��3 is made by and between the City of Forth Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and McClendon Construction Company, Inc., authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shail complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2008 CIP Contract 7C City Proiect No. 01268 Article 3. CONTRACT TIME 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 24 25 26 ?� 28 29 30 31 32 33 34 35 The Work will be complete for Final Acceptance within 180 days after the date when the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 3 3 Liquidated damages Contractor recognizes that time is of the essence of this Agreement and that City will suffer financial loss if the Work is not completed within the times specified in Parab aph 32 above, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. The Contractor also recognizes the delays, expense and difficuities involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof , Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Si� Hu��dred Fiftv Dollars ($650.00) for each day that expires after the time specified in Parab aph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 09, 20ll 20p8 CIP Contract 7C Ciry Project No..01368 00 52 43 - 2 Agreement Page 2 of 4 36 Article 4. CONTRACT PRICE 37 City agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds of Seven Hundred Sixty-Three Thousand, Four Hundred 39 Ninety-Five and 20/100 Dollars ($763,495.20). 40 Article 5. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 A. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: l. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non-Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table c. Insurance ACORD Form(s) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation �davit i. MWBE Commitment Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 09, 2011 2008 CIP Conn•acz 7C City Project No..(J1268 005243-3 Agreement Page 3 of 4 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 Article 6. INDEMNIFICATION 6.1 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 specificallv intended to operate and be effective even if it is alleaed or proven that all or some of the damaaes bein� sou�ht were caused, in whole or in part, bv anv act omission or ne�h�ence of the crtv. This indemnity provision is intended to include, without lumtatton, indemmty for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specificallv intended to operate and be effective even if it is alle�ed_ or proven that all or some of the dama�es bein� souaht were caused m whole or in p� bv anv act omission or ne�li�ence of the citv. Article 7. MISCELLANEOUS 96 7.1 Terms. 97 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 98 have the meanings indicated in the General Conditions. 99 72 Assignment of Contract. 100 This Agreement, including all of the Contract Documents may not be assigned by the 101 Contractor without the advanced express written consent of the City. 102 7.3 Successors and Assib s. 103 104 105 106 107 108 109 110 111 112 113 114 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. 7.4 Severability. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CITY and CONTRACTOR. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 09, 201 I 2008 CIP Contract 7C City Project No..01268 �- � 00 52 43 - 4 Agreement Page 4 of 4 115 7.6 Other Provisions. 116 The Contractor ab ees to pay at least minimum wage per hour for all labor as the same is 117 classified, promulgated and set out by the City, a copy of which is attached hereto and 118 made a part hereof the same as if it were copied verbatim herein. 119 7.7 Authority to Sign. 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple counterparts. This Ab eement is effective as of the last date sib ed by the Parties ("Effective Date") Contractor:� City of Fort Worth 6V:�,tSLr.�"i���ii �a�.�,'c`s'�c�i�. ��, �&ti�� By: /i/J .. Fernc�nclo Costa By. Assistant City Manager (Signature) Date /// /�S � �-� ���' !��^.�'�.�P���� ?�RE��DENT Attest: (Printed Name) Title: � City/State/Zip: � Y �pproved-as to orm and Legality: � , �_,; . � Date Doug . Black Assistant City Attorney (Seal) , ` �,�, �;�'t y��`�a� p Op000pp vlary r a ser; J� � oo °o�,►a City �cretary � �o o�►� �u o � °�o o �' �19r�ia�,rE �,-� a,.�•s� M&C C_ Z �� � � c�� ��!rra�ct�� P C'� 8�1�4 �a� Date: %,�' ��� �Ui'�eS4� �'exas �6d97 Address: �F���1pL RECOR� CITY SECRETAR� �4.'IINORTHt '�"� APPROVAL RECOMMENDED: . � � f � � '-� V✓, � DouglaS . lViersig, P.E. � DIREC � OR, � Trtansportcctiofz and Public Works C[TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 09, 2011 2008 CIF Contract 7C City Project No..O1368 BOND NO. TXC 100023 titl bl (3 - ! PERFORMANCE BOND Pagc i of 3 1 � 3 4 5 b 7 8 9 10 1i !2 13 i4 IS 16 THE STATE OF TEXAS COUNTY OF TAdtRANT SECTION 40 61 13 PERFORMANCE BOND § § KNOW ALL BY THESE PRESENTS: $ That we, McClendon Construction Comuanv._Inc„ known as "Frincipai" herein and Merchants Bonding Company , a corporate surety (sureties, ifmore than one) duly authorized to do business in the State of Texas, known as "Surety" herein {whether one or more), are held and firm3y bound unto the City of Fort Worth, a municipa! corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of, Seven Hundred Sixtv- Three Thousand�Four Hundred Ninetv-Five and 20/100 Dollars [$?63.495.20). [awful money of the United States, to be paid in Fort Wocth, Taintit County, Texas for the payment of which sum wetl and truty to be made, we bind ourselves, our heirs, executors, administrators, successors and assi�,ms, jointly and severatly, frn�y by these presents. t 7 WHEREAS, the Princ' �d u�to a certain written contract with the City 18 awarded the day of '�����3- , which Contract is hereby referred to and made t9 a part hereaf for all purpases as if fully set forth herein, to fumish all materials, equipment labor 20 and oiher accessories defined by law, in the prosecutian of the Work, inctuding any Change 21 Orders, as provided for in said Contract designated as 2005 Capital Improvements Praject 22 Contract 7C, City Project No. 022b8 23 2�i iVOW, THEREFORE, the condition of this obligation is such tttat if the said Principal 25 shail fpithfudiy perfarm it obligations under the Contract and sha[! in a[t respects duly and 26 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 2� specificaiions, and contract documents therein refecred to, and as well during any period of ZS cxtension of the Contraci ihat may be granted on the part of the City, then this obligation shal! be 24 and become nutB and void, otherwise to remain in ful! force and effect. 3d PROViDED FURTHER, that if any tegal actian be fted on this Bond, venue shall lie in " 3 t Tarrant Caunty, Texas or the United States District Court for the Notthern Disirict of Texas, Fori 32 Worth Division. Ci7Y OF FORT WORTH : ao,r C7P C�,nrr�,rr 'C STANDARDCOAISTRUCTlON SPECSFlCA7ION DOCUv1ENT5 ('i{v%n�j��c�,�u, dl:h�Y Rcvis�d luly 1. �Ql I � OObt 13.3 PERFORMANCE 80ND P�gt 3 of 2 1 This bond is made and executed in compiiance with the provisions of Chapter 2253 of the 2 Texas Govemment Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEAi.,ED 5 this instnsment by duly authorized agents and otFcers on ihis the �AN � g 2��3 day of 6 , 20 . 7 8 9 t0 il 12 t3 14 IS 16 17 18 19 zo zi 22 23 24 2S 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 � �5 ATTEST: (Principal) Secretary �- �>�i�� V+j,itness a§�td Principal � Wifiess as o Surety PRINCIPAL: i�F��,��.��`��� �����. ��. ��`��. BY: Signature �� ���1�{����, �����i� Name and Tide Address: Po Box 996 Burleson, TX 76097 SURETY: Merchants Bondi C SU p ny B � � ; S gn��e ifer J. Clark, Attorney-in-Fact Name artd Title Address: 2100 Fleur Drive Des Moines. IA 50321 Telephone Number. ( s i s) 2 a 3- 8171 *Note: If signed by an officer of the Surety Company, there must be on tile a certified exEract from the by-iaws showing that this person has authority to sign such obligation. If Surety's physicai address is different fi�om its mailing �ddress, both must be provided. The date of the bond s6alt not be prior to the dute the Contract is awarded. ClTY OF FORT 1ti'ORTH StA�DARDCO�5TRUCTIOy SPECIFIZAT[ON OOCU�IENTS R�wixd July 1, 2QI i '1N1.Y ['!P ( i,nh'nrr •'(' Crtv!'r„jrc't.Yo. r�1'6.v BOND NO. TXC 100023 ttti 61 l4 - 1 PAY1�}ENT BOND Page ! i�l'Z 1 2 3 4 5 5 7 8 9 t0 11 12 13 !4 t5 16 t7 18 19 2Q 2! 22 23 24 25 26 �� 28 SECTION 00 6Y 14 PAYMEN'I' BOND THE STATE OF TEYAS § § KNOW ALL BY'�'HESE PRESENTS: COUNTY OF TARRANT § That we, MeClendon Const�vction Companv. Inc., known as "Principal" herein, And Merchants Bonding Company , 8 COtgOt'dte SUtety (sureties}, duly authorized to do business in the State of Texas, knnwn as "Surety" herein (whether one or more}, are hetd and firmly bovnd unto the City of Fod Worth, a municipal corporation created parsuant to the laws of the State of Texas, known as "City" herein, in the penal sum of Seven Hundred Sixtv-Three Thousand Faur fIundred Ninetv-Five and 201100 Dollars 1�763.495.20), lawfiat money of the Unitect States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severaliy, firmty by these presents: WHEREAS, Principa! has entered into a certain writtert Contract with City, awarded the day of . I A N Q�i 2 O 13 , which CantracE is hereby referred to and made a past hereof for atl purposes as if fully set forth herein, to furnish all materials. equipment, labvr and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as 2008 Capital Imprnvements Project Contract 7C, City Prnject No. OI2b8 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principai shall pay all morties owing to any (and aIt) payment bond beneficiary {as defined in Chapter 22S3 of the Texas Government Code, as amended) in the prasecution of the Work under the Contract, itten this obl'egation shall be and become nuil and void; atherwise to remain in full force and ei%ct. 29 This bond is made aad executed in compliunce with the provisions of Chapter 2253 of the 30 Texas Government Code, as amended, and all tiabilities on this bond shall be determined in 31 accordance with the provisions of said siatute. CITY OF FORT tYORTN 't1b,ti C7/' ( bnrrnc•� 'c' STANDr1RDCONSTRUCiION SPECtF(CAT(ON DOCU�tENTS Citc 1'r���cc•t.\'u. 01=b.Y Rcviwd July 1. 3011 tH16! !�{ - 3 PAYMENT BOND Page Z ol'= 2 3 � 5 6 7 8 9 10 � 12 [N WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly autharized abents and officers on this the day of .IAN 0 8 2013 . ao ATTEST: (Principal} Secretary `� � W''�ness as � rincipal ATTEST: C�.�..-w�� (Surety) Secretary Witness as to Surety PRINCIPAL: �CLE�B'��i C�PI�T. C�. �3�C. BY: Si�ature dA�1 �EEL���fl�t, pR�SiQfNT Name and Title Address: P• O. Box 996 Burleson, TX 76097 SURETY: Merchants Bondin Com g - '� � '-�-- Sign re ' Jennifer J. Clark, Attorney-in-Fact Name and Title Telephone Number: c s i s� 2 a 3- S 171 Address: zloo Fleur Drive Des Moines, IA 50321 Note: If signed by an officer of the Surety, there must be on file a cectified extract from the byfaws showin� that this person has authority to sign such obligation. [f Surety's physicai Address is different from its mailing uddress, both must be ptovided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FURi tvORTH STANDARD COtiSTRUCf10N SPECIFICA710N DOCU:►IE,�ITS R�wixtlluly I,.01I '�x�,r C'JP c i,nnuor 'c' C!(L' !'r iji•i t .�ii. Il (!h� BOND NO. TXC 100023 OUbI 19- i �+tAiNTENANCE BOND Pagr 1 ��f 3 i � 3 4 5 6 7 8 9 la it {2 13 14 1S !6 IT 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 3S 36 3T 38 THE STA'FE OF TEXAS COUNTx UF TARRAN'I' SECTION 00 61 19 MAINTENANCE BOND § § KNOW ALL BY THESE FRESEiVTS: § That we McClendon Constructian Company. Inc., lcnown as "Prirtcipal" herein and Merchants Sonding Company , u corporate surery (sureties, if more than one) duly auchorized to do business in the State oFTexas, known as "Surety" herein (whether one ar more), are held and fumly bo�nd unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the sum of Seven Hundred Sixtv-Three Thousand. Four Hundred NinetwFive and ZO/1Q0 Dotlsrs t$?63,495.20), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum wetl and truly be made unto the City and iis successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly hy these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the day of ,1g�Q � 2013 , which Contract is hereby referred to attd a made part hereof for all purposes as if fully set forth herein, to fiunish atl materials, equipment labor and other accessaries as definec! by law, in the prosecution of the Work, including any Woric resulting frocn a duly authorized Change Qrder (collectively herein, the "Work'� as provided for in said contract and designated as 2008 Capital Improvements PrnjecE Cantract 7C, City Project No. 012b8 ; and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, speciftcations and Contract Documents that the Work is and will remain free fr�m defects in Ynaterials or workmanship for and during the period of hro (2) years after the date af Fina! Acceptance of the Work by tite City ("Maintertence P�riad"}; and WI�iEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part ugon receiving natice from the City oFttte aeed therefore ai any time within the Maintenance Period. NOtV THEREFORE, the conditian of this obligation is such thut if Principal shat! reinedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligati�n shall become nul! and void; othenvise to remain in fult farce and ef%ct. CITY OF FORT 1VORTli STAYDARD CO�STRGLTION SPECIF(CATION DpCL'�tEN7S Rcvis��dluly t.20t1 'tN�R C7/' C ;,ra�'rrrt '(' (71c 1'r yc�c'l .t:, tl f.h.y tt(!6t l9.1 17AINTENANCE SONO Pagc 2 cif 3 i PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstiuct any iimely 2 noticed defective Wortc, it is agreed that the City m�y cause aay and aIt such defective Work to 3 be repaired and/or recanstructed with all associated costs thereof being bome by the Principal and 4 the Surety under this Maintenance bond; and 5 6 PRC>VIDED FURTHER, that if any tega[ action be fiied on this Bond, venne shal! !ie in 7 Tarrant Coanty, Texas or the United States District Court for the Northem District of Texas, Fort 8 Worth Division; and 9 10 PROVIDED FURTHER, that this obligation shali be continuous in natwe and t t successive recoveries may be had hereun for successive breaches. l2 13 CCtY OF FORT WORTH STAVDAROCONSTRUC7'10�7 SPECIFlCATION DOCU1�fENTS R�wis«i luty l. 30 t 1 �(N6R C IP Ciiqf777lY %C � C7ry !'mjccc .�'n. ul: b.Y cn�b� �9-3 �tAINTENANCE BOND Pagc 3 af 3 1 IN �V1INESS WHEREOF, the Principa! and the Surety have each SIGNED and SEALED this 2 instniment by duly authorized agents and officers on this the dpy of 3 �nning �f11� ,20 s 6 7 8 9 10 ll 12 13 I4 [S 16 17 18 l9 20 Z1 22 23 24 2S 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 ATTEST: {Principal) Secretary i� �.�"''� �1!ikness as to Principal ATTEST: C�� ( ty) S tary ,; � � itness to Surety � PxtrrciPAt.: IV�cCL��Q�M C�I�ST. GQ. II�. BY: �gnature C#Afil I�ttc�LEN�O�, PR��I�f{� Name and Title Address: P-o. sox 996 Burleson, TX 76097 SURETY: Merchants Bondin n B � ig,n hsie ' Jennifer J. Clark, Attorney-in-Fact Natne and Tide Ad(�CS3: 2100 Fleur Drive Des Moines, IA 50321 Telephane Number: ( s i s> 24 3- 8171 *Note: If signed by an officer of the Surety CampActy, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. if Surety's physical address is different from its mailing address, bottt must be provided. The daie of the bond shall not be prior to the date the ContrAct is awarded. ClTY OF FORT �YORTH '!Nl.4 (%P C i�alrocY '(' STANDARD CONSTRUCTlON SPECIFICATION DOCU�IENTS C'itv 1'rujrct.l5a (J!_'b.Y Reviwd July 1. 201 l M + w � �' � IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company's toll-free telephone number for information or to make a complaint at: 1-500-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR PO�ICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (1/09) MERC�IANT�S�� BONDING COMPANY� POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONA� BONDING, INC., both being corporations duly organized under the laws of the State of lowa (herein coliectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Betty J Reeh; Bryan K Moore; Gary Wayne Wheatley; Jennifer J Clark; Joseph Hal Clayburne; Michael D Hendrickson; Pat J Moore; Richard A Deal of San Antonio and State of TX their true and lawful Attorney-in-Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shail not exceed the amount of: THREE MILLION ($3,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. - This Power-of-Attorney is made and executed pursuant to and by authority of the foliowing By-Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-i�-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 1st day of ,January , 2012 . STATE OF IOWA COUNTY OF POLK ss. t„�, ...�i,rn.,..y, `t�?,������� �: :�.�`'�.�°��R��' �Q�"= -' � '! � '^d _ '`� : t+ � :�j:. 2C,73 ,-'�n`; s - `�.�,��.• .. ...::-,ti�,: ����I'fy,/rtihiitH fl',y`,,� •��� ��•• ••�O�N-C'-. ��if�;c • ; �O.ORP09'•.9'. . • . G '��: •„c . � N:? -O- d;,�„� Z: :3• : � 1933 ' . yJ.. : c• •. b �a�y� . .��,• - � • •'�'� : •� • '••..... . MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By �� President On this 1st day of �anuary 2012, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, lowa, the day and year first above written. �+t,. MARANDA GREENWALT �j �r� � ���� �,�� _�'� Commission Number 770312 My Commission Expires O1�'' October 28, 2014 IVotary Pubiic, Polk County, lowa STATE OF IOWA COUNTY OF POIK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, i have hereunto set my hand and affixed the seal of the Companies on this dav of . J�ANOS POA 0014 (11/11) �r-µT,� .v�..1� -•. ,, . ;�y�.GQ�D R.q �,�p ; �=. 2�?3 :,� c���f,. + ,.r;�i; `,= ''•.._ 4r•' ....�•'. ,...... . ��\N� , �O�j'• . ;Oo.ORP09 •.'°9' . . • : G� '�.+, <. : z'.? -°- o =^: : a' 1933 ' 3• .s�. � �• ;`'6�� � ..`�ao:• . •...... ���� ����. Secretary �� 7HIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, TEXAS C�NTRQ►,Ci�R'S BLANKET A►DDITIONAL INSUR�D END�RSEMENi This endorsement modifies insurance provided under the folfowing: COMMERCIAL GENERAL LIABIL[TY COVERAGE FORM All of the terrr�s, provisions, exclusions, and Iimifations of the coverage form apply except as specifcaiiy staked befow. Policy Number Agency Number Policy Effective Daie CPP2051702 756324 0l/31/2012 Folicy Expiration/Cancetlatian DaEe Date Account IVumber O1/31/2013 O1/31/2012 20022770 N�med Insured Agency lssuing Company MCCLENDON CONSTRUCTION IBTX RISK SERVICES AMERISIlRE MUTUAL INS CO. COMPANY, INC. 1. SECTiON ll - WNO IS AN fNSURER is amended to add as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business. l'he written contract or written agreement must require additional insured status for a fime period during the term of ihis poficy and be executed prior to fhe "bodily injury", "property damage°, or "persona( and advertising injury" giving rise to a claim under fhis poiicy. lf, however, "your work" was commenced under a letter of inten# or work order, subject to a subsequent reduction to wri#ing within 30 days from such commencement and wiih customers whose customary contracis require fhey be named as additional 3nsureds, we will provide additional insured status as specified in this endorsement. 2. SECTION II - WHO IS AN [NSURED is amended to add the fo[lowing: ffi ihe additionai insured is: a. An individual, their spouse is also an additional insured. b. A partnership or joint venture, rt�embers, partners, and their spouses are also additional insureds. c. A limiied fiability company, rrtembers and managers are a(so addiiional insureds. d. An organizafion other ihan a partnership, joint venture or limited liabiiiiy company, execuiive officers and directors of the organizaiian are also addiiional insureds. Stockholders are also additional insureds, but only with respect to their liab+lity as stockholders. e. A trusi, trustees are also insureds, but only with respect to their duties as trustees. 3. The insurance provided #o the additlonal insured under this endorsemenk is limited as follows: a. That person ar organization is only an addiiional insured wifh res�ect to liability arising out of: (1 j Premises you own, rent, lease, ar occupy; or (2} Your ongoing operaiions, unless the written confract or wriften agreement also requires compfeted operations coverage (or wording to the same effect}, in which case the coverage provided shall extend to your compfeted operations for #hat additional insured. Premises, as respeets this provision, shall inc[vde common or public areas abaut sucI� premises if so required in the wrEtten con#ract or written agreement. incEudes copyrighted maferial of Insurance Services OfFice, fnc. CG 70 85 U510 Page 1 of 2 Ongoing operations, as respecis this provision, does not apply fo "bodily injury" or "property damage" occurring afier: (a} All work including materials, parts or equipment fur�ished in connection wifh such work on ihe project (ather than service, mainfenance or repairs) #o be performed by or on behaff of the additional insured(s} at the sife of fhe covered operations has been completed; or (b) That poriion of "your work" ouf of which the injury or damage arises has been put fo its intended use by any person or organizafion other fhan another confractor or subcontractor engaged in performing operations for a principal as a part of ihe same project. b. The limits of insurance applicable to the additional insvred are the leasf of those specified in the wri#ten cantract or written agreement or in the Declarations of #his policy. The lirnits of insurance applicab(e to the addifional insured are inclusive of and not in addiEion to the limits of insurance s�town in ff�e Declarations. c. The additional insured status provided by this endorsement does not extend beyond fhe expirafion or terminafion of a premises lease or renfal agreement nor beyond the term of this policy. d. Ifi a written contracf or written agreement as outlined above requires that additionai insured sfaius be provided by the use of CG 20 10 11 85, then fhe kerms of thai endorsement, which are shown below, are incorporated inta this endorsemeni as respects such additional insured, to the extent that s�ch terms da not restrict coverage ofherwiss provided by ti�is endorsement: ADDITiONAL [iVSURED - OWNERS, LESSEES OR COI�TRACTORS (FORM BJ This endorsement m�difes insvrance pravided under fhe fo[lawing: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Biankef Where Required by Written Con#ract or Agreement that ihe terms of CG 20 1� 1� 85 apply. (If no en#ry appears above, information required to complate this endorsement will be shown in the Declarations as applicable io this endorsement.} WHO IS AN If�SL1RED (Secfion 11) is amended to include as an insured the persan or organization shown in the Schedu[e, but only with respec# to liabitity arising out of °your work" for that insured by or for you. Copyright, Insurance S�rvices office, Inc., 1984 CG 2010 9 9 85 e. Tf�e insurance provided io the additional insured does not appiy to "bodily injury", "properiy damage", or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including but not limited to: (1) The preparing, approving, or faifing to prepare or approve maps, drawings, opinions, reports, surveys, chartge orders, design specificafions; and (2) Supervisory, inspection, or engineering services. SECTION IV - COMMERGIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is delefed and reptaced with fhe fQllowing: 4. Other Insurance. Any coverage provided in this endorsement is excess over any o#her valid and collectible insurance available to the additional insured whefher primary, excess, contingent, or on any other basis unless the written contract or written agreement requires that fhis insurance be primary, in which case this insurance will be primary wifhout contribution from such other insurance available ta fhe additional lnsured. Includes copyrighted material of Insurance Services Of€ice, lne. CG 70 85 051U Page 2 of 2 Policy Number: CPP2051702 Named Insured: McClendon Construction Company, Inc. (2) Cease any further release, shipment, consignmeni or any ofher method of distribution of iike or similar praducts until ii has been determined thai all such products are free from defecis that could be a cause of ioss vnder the insurance. 16. UNINTENTIONAL FAILURE TO DISCLOSE NAZARDS Paragraph 6. Representations is deleted and rep(aced with the following: 6. Representations By accepting this poiicy, you agree: a. The statements in the €�eclarations are accurate and complete; b. Those statements are based upon represenfations you made to us; and c. We have issued this policy in reiiance upon your representations. We will not deny coverage under this coverage part if you unintenfionally fail to disclose all hazards existing as of the #ncepfion date of this policy. You must report io us any knowledge of an error or omission in fhe description of any premises or operations intended to be Covered by fhe Coverage �orm as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium or exercise aur right of cancellaiion flr nonrenewat. 1T. TRANSFER OF RIGHTS (BLANKEi WAIVER OF SUBROGATION) Paragraph 8. Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the foilowing: 8. If the insured has righfs to recover a(E or part of any payment we have made under this Coverage Form, those righ#s are transferred to us. The insured must do nothing after loss to impair them. At our reguest, the insured wiEl bring "suit" or transfer those rights to us and help us enforce #hem. However, if ihe insured has waived rights to recover through a written contract, or if "your work" was commenced under a letter of intent or work order, subject to a subsequent reciucfion io writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. '18. EX7ENDED NOTICE OF CANCELLATION AND NONRENEWAL Paragraph 2.b, of A. Cancellation of the COMMON POLICY CONDITI�NS is deieted and replaced with the following: b. 60 days before the effective date af the cancellation if we cancel for any other reason. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 9. When We Do Not Renew is defeted and repiaced with the following: 9. When We Do Noi Rer�ew a. We may elect not to renew this policy except, that under fhe provisions of the Texas insurance Code, we may not refuse to renew this policy solely because the policyholcler is an electe8 officiai. b. If we e[ect noi to renew this policy, we may do so by mailing ar delivering to the first Named Insured, at the las# mailing address known to us, wriiien notice of nonrenewa[, stating the reason for nonrenewal, at ieast 60 days before the expiration date. If notice is rr;ailed or delivered iess than 60 days. before ihe expiration dafe, tt�is policy will rerr�ain in effect unfil the 61 st day after the date on which the notice is mailed or d�livered. Earned premium for any period of.coverage that extends beyond the expiration date wili be computed pro rata based an the previous year's premium. c. !f notice is mailed, proof of mailing will be su�cient proof of nofice_ d. The transfer of a policyholder between admifted companies within the same insurance graup is not considered a refusat to renew. 19. MOBILE EQUIPMENT REDEFlNED Under SECTION V- DEFINITiONS, paragraph 12. "Mobiie equipmenf", paragraph f. (1) does not appiy fo seff- propelled vehicfes of less ihan 1,000 pounds gross vehicle weight that are not designed for highway use. Includes copyrighted ma#e�ial of Insurance Services Office, inc. Page 8 of 9 CG 70 63 11 09 Policy Number: CPP2051702 Named Insured: McClendon Construction Company, Inc. COMM�RCIAL GEN�RAL I,IABILITY CG U2 0� 0't 96 THIS ENDORSEMEIVT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AIVIENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorssment modifies insurance provided under the following: COMMERCtAL GENERAL LIABIl.ITY CQVERAGE PRRT LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS RROTECTIVE LfA61lITY COVERAG� PART POLLUTIO�! L{ABILITY COV�RAGE PART PRODUC7S/C4MPLETED OPERATiONS LIABILITY COVERAGE PART RAELROAD PROTECTIVE LIAB[LITY COVERAGE PART In the event of cancel[a6on or material change that reduces or restricts the insurance affor�ed by this Coverage Part, we agree to mail prior written notice of canceilafion or material change io: SCHEDUL.E 1. Name: qNY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS Et�TERED INTO A WRITTEN CONTRACT WHlCH REQUIRES WRITTEN NO710E OF CANCELLATION AS PEf2 CERTIFICATES ON FILE WITH THE COMPANY 2. Address: 3. IVumber of days advance notice: 30* (If no eniry appears above, information required to compleie ihis endorsement wil[ be shown in the Declarations as appficable to fhis endorsements.} "EXCEPT IN THE �VENT OF CAEVCELLATION FOR THE NON-PAYMENT OF PREMtUM FOR WH[CN 10 bAYS NOTICE SHALL BE GIVEN. CG 02 05 41 96 Copyright,lnsurance Services Office, lnc., 1994 Page � of 1 0 Policy Number: CA2051701 Named Insured: McClendon Construction Company, Inc. THIS ENDORSEMENT CHANGES THE POLiCY. PLEASE READ IT CARE�ULLY. TEXAS ADVANTAGE CC3MMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the BUSiN�SS AU'i'O COVERAGE FORM With respect to coverage provided by this endorsement, the pravisions af the Coverage Form apply unless modifed hy thp PnrlorsPmPnt_ The premium for this endorsement is $ 1. SROAD �ORM INSUR�D SECTl�N II - LIABILITY COVERAGE, A.1. Who Is An Insured is amended by the addition of the foflowing: d, t�ny organization you newly acqu�re or torm, other than a partnership, jotnt venture or Iimited liabiiity company, anc! over which yau maintain ownership or a majority interest, will qualify as a Named Insured. However, (1). Coverage under �his provision is afforded only uniil the end of the policy period; (2) Coverage does not appiy to "accidents" or "loss" thai occurred before you acquired or forrned the orgar►ization; and (3} Coverage does not apply to an organization that is an "insured" under any ather policy or. would be an "insured" but for its terminatian or the exhausting of its limit of insurance. e. Any "empfoyee" of yours using: (1) A covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by fhe "employee" or a member of his or her househa(d, while performing duties related to [he conduct of your business or your personaI affair5; �r (2) An "auto" hired or rented under a contract ar agreement in that "employee's" name, with your permissian, whiie performing duties related to the conduct of your business. However, your "employee" does r�ot qua(ify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the "employee's" hausehold. f. Your members, if you are a iimiied fiability company, while using a covered "auto" you do not own, hire or borrow and whife performing duiies reiated to the conduct of your business or your personal affairs. g. Any person or organization with whom you agree in a written contract, written agreement or permit, to provide insurance such as is afforded under this policy, but onfy with respect to your covered "autos". This provision does not apply: (1) Uniess the written contract or agreement is executed or the permit is issued prior io the "bodily inJur}l' or "property damage"; (2} To any person or organization included as an insured by an endorsement or in the Declarations; or (3) To any Iessor o#."autos" unfess: (a) The {ease agreement requires you to provide direct primary insurance for the Eessor; (b) The "auta" is leased without a driver; and {c) The lease nad not expired. includes copyrighted material of lnsurance Services Office, Inc., with its permission. Copyriqht Insurance Ser'vices Office, tnc., 2005 CA 77 '!E3 OS 08 Page 1 of 6 Policy Number: CA2051701 Named Insured: McClendon Construction Company, Inc. �eased "autas" covered under this pravision will be cansidered covered "autos" you own and not covered "autos" you hire. h. Any iega[ly incorporated organization or subsidiary in which you own more than 50% of the voting stock on the effective date af this endorsement. This �rnviSi�n cfnP¢ nnt ar�ly tn "hndil� injr_ir�' nr "prnPerty damage" for which an "ins�Ired" is atso an insured under any other automobile poiicy or woufd be an insured under such a poficy, bu� for its termination or the exhaustion of its limits ot insurance, unless such poiicy was written to apply specifically in excess af this policy. 2. COVERAGE EXTENSIONS - SUPPLEMENTARY PAY1VIEf�TS Under Secfion It - LIABILlTY COVERAGE, A.2.a. Suppiementary Payments, paragraphs (2� and {4) are deleted and repiaccd a� foIlows: (2) Up to $2,SOQ far the cost of bail bonds (including bonds for re[ated traffic !aw violations} required because of an "accidenY' we cover. We da not have to furnish these bonds. (4) A�I reasonable expenses incurred by the "insured" at our request, inciuding actua! loss of earnings up to $500 a day because of time off from work. 3. AMENDED FELLOW EhJlPLOYEE EXCLUSION Under SECTION It - LIABlLITY CC?VERAGE, B. EXCLUSIONS, paragraph 5. Fellaw Employee is rlefeted and replaced by the following: "t3odi(y injury' io any fellow "empioyee" ot the "insured" arising out af and in the course of the fellow "employee's" employment or whiie performing duties re[ated to the conduct of your business. However, this exclusion does not appiy to your "emp[oyees" that are officers or managers if the "badily injur}t' results fram the use of a couered "auto" yau own, hire or borrow. Coveraga is excess ouer any ather calEectibte insurance. 4. HtRED AUTD PHYStCAL DAMAGE COVERAGE AND LOSS OF USE EXPEfVSE A. linder SECTION lil - PHYSICAL DAMAG� COVERAGE, A. COVERAGE, the foflowinq is added: If any af your owned covered "autos" are covered for Physical Damage, we wiEl pravide Physica� Damaga coverage to "autos" that you or your "employees" hire ar borrow, under your name or the "employee's" name> for the purpose of doing your work. We will provide coverage equ�l to the broadest physicaI damage coverage applicabfe ta any covered "auta" shown in the Declaraiians, Iterri Three, Schedufe of Covered Autas You Own, or on any endorsements amending this schedule. B. Under SECTION I[I - PHYSICAl. DAMAGE COVERAGE, A.4. Coverage Extensions. paragraph b. Loss Of Use Expenses is deieted and replaced wiih the follawing: b. Loss Of Use Expenses Far Hired Auto Physical Damage, we will pay expenses far whicE� an "insured" becomes fegally responsible to pay for loss of use of a vehic{e rented or hired without a driver, under a written rental contract or agreem�nt. We wilf pay for [oss of use expenses if caused by: (1) Other than coilision, only if the �eclara�ians indicate that Camprehensive Caverage is provided for any covered "auto"; (2} Specified Causes of Loss, only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auio"; ar (3) Collision, anty if tl�e Declaratioris iri�lical� ltial C�Ilision Coverage is provided for arty covered "aufo". Hawever, the most we wif! pay for any expenses for Ioss af use is $30 per day, to a maximum o# �2,000. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright lnsurance Services OfFce, inc., 20Q5 Page2of6 CA71180508 Policy Number: CA2051701 Named Insured: McClendon Construction Company, Inc. (1) Wear and tear, freezing, mechanical or electricai breakdown. However, this exclusion does not include the discharge of an airbag. (2) Blowouts, punctures or other road damage to tires. 8. GLASS REPAIR— WAIVER OF DEDUCTIBI�� Section III — PHYSICAL DAMAGE COVERAGE, D. Deduc#ible is amended io add the following: No deductib[e applies to glass damage if the glass is repaired rather than replaced. 9. COLLISION COVERAGE — WAIVER OF DEDUCTIBLE Under Section [II - PHYSICAL DAMAG� COVERAGE, D. Deductibte is amended to add the foIlowing: When ther� is a loss tn ynur covPred "autn" insurPd f�r f'nllisinn C'ovPrac�P, nn dPdiJc-tih{P will aprly if thP Ins� was caused by a collision with another "auto" insured by us. 'i0. KN�WLEDGE OF ACCIDENT Under SECi'!ON IV - BUSW�SS AUiO CONbI�IONS, A. Lass Conditions, 2. Duties In The Event Of Accident, Ctaim, Suit Or Loss, paragraph a. is defefed and replaced by fhe #ollowing: a. You must see to it that we are notified as soon as practicable of an "accident", claim, "suit" or "lass". Knowlecige of an "accident", claim, "suit" or "loss" by your "employees" shafl not, in itself, constitute knowledge ta you unless one of your partners, execukive o�cers, directors, managers, or members (if you are a limited iiabifity company) has knowledge of the "accidenY', clairn, "suiY' or "loss". Notice should include: (� ) How, when and where the "accident" or "Ioss" occurred; (2} The "insured's" name and address: and {3) To the extent possibfe, the names and addresses of any injured persons and witnesses. 9'i. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION} Under SECTION IV � BUSINESS AUTO CONDITIONS, A. Lass Conditions paragraph 5. Transfer Of Righis Of Recovery Against Others To Us is deleted and replaced by the following: 5. Transfer Of Rights �f Recovery Against Others To 11s If any person or organizat+on to or for whom we make payrrfent under this Coverage Form has rights to recover damages ftom anottier, ti�ose rights are transferred to us. That person or organization must do everything necessary to secure our rigl�fs and must do notl�ing after "accident" or "foss" to im�air tEiem. However, if the "insured" has waived rights to recover through a written contract, or if your work was commenced under a leiter of intent or work order, subject to a subsequent reduction in writing with customers whose customary c�ntracts require a waiver, we waive any right of recovery. we may have under this Coverage Form. 12. UNINTENTfONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, paragraph 2. Concealment, Misrepresentation Or Fraud is amended by the addition of the folIowing: We will not deny coverage under this Coverage Form if you unintentionally fail #o disclose all hazards existing as of the inception date of this policy. You must report to us any knowiedge of an error or omission in your representations as soon as practicabfe after its discovery. This provision does not affect aur right to collect additional premium or exercise our right of cancellaiion or non-renewal. Incfudes copyrighted material of Insurance Services Office, Inc., with tts permission. Copyright lnsurance Services Office, Inc., 2005 Page 4 of 6 CA 79 18 05 QS Paur_YNUMBER: CA2051701 COMMERCIAL AUTO CA Oc 44 06 04 TH15 ENaaRSEMEP�T CHANGES THE POL[CY. PLEASE READ IT CAREFl9LLY. TEXAS CANCELLATION PROVlS10N �R CO�rI'ERAGE CHA�IGE ENDOF�SEMENT 7his endarsement modifies insurance provided imder the follqw�ng: BUSINESS AUTO COVERAGE FQRM GARAGE COUERAGE FORM M��41? CARRIEF. COVERAGE FOR.M TRUCKERS COVERAGE FQRM �th respect to co�erage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fed byihe endorsement. This endorsement changes fhe policy effective on the ir�ception date af the policy un�ess another date is indicated bclow. Endorsement Effective. O1/31/2012 Cauntersi ed By: Named Insured:; McClendon Construction � � Company, Inc. SCHEDULE ;/ � l i..� -�� '�-n � (/\ulh ized Reprc�entalivc} Humb�r of Days' IVotice 3 o Nama Of Person Or Organization F��� ��Qso:; QR OHG�1PrIZATIGN V;ITfi t�rxor•t �rH� �d1111F.D rNsti��n Y.f1S Ei�TGF,FI� Ii1T0 R�':RIT'TSC7 CONTRRC'j' RF.QUIRING S•lR2TTEtJ NO'�ICI� OF C1INCELLATION PER CLRTIFICT�T�S OPI I'TLE 4VITH Address C01�1PANY. CXCGPJ.' 10 DAYS NOTICE SIIALL I3L GIVEN I'c�R 2�TON— PAY[-0ENT If khi5 p�olicy is cant�led or rnateriafly changed to reduce or restrict caverage, we will mail notice af �anceJlation or change to the person or organizatian named in the 5chedule. We will give the i�umber of day's nolice indicated in the Schedule. CA Oz 44 06 04 C� ISO Properties, [nc., 2003 page 1 of 1 �1 WORICERS COMPENSATI�N ANQ EMPLOYERS LIABIliTY INSURANCE POI.ICY WC 42 03 Q4 A {Ed. 1-00} TEXAS WAEVER �F OUR RiGH'f TO RECOVER FROM OTHERS ENDORSEMENT This endorserr►ent app[ies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We t�ave the rigkrt to recover our payments from anyone Iiable for an injury covered by this policy. We will not enfarce our right against the person or organization named in the Scheduis, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written cont�act ta obtain this waiver from us. This endorsement shall not operate directfy or indirectly to benefit anyone no# named in the Schedule. i"he premium for #his ertdorsement is shown in the Schedule. Schedule 'f . t ) Specific Waiver Name of person or organizatian {X) Blanket Waiver Any person or organization for wham the Named )nsured has agreed by written cantract to furnish this waiver. 2. Operations: 3. Premium The premiutn charge far this endorsement shail be 0.020 percent ai the premium deve}oped on payroli in connection with work perforrr�ed for the above person(s) or organizatian(s) a�ising out of the operations described. 4. Advance Premium This andorsement changes the policy ta which it is attached and is effective on the date issued un(ess otherwise stated. (The infarmation betow 'is requir2d only wheh this ehdorsement is is§ued" subsequsnt to preparatiori of t�ie pofioy:j Endorsement Effective Ol/31/12 Paiicy No. WC2051704 Endorsement No. - Insured McClendon Construction Company, Inc. Premium $ lnsurance Company Amerisure Mutual Insurance Countersigned by WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 f�d. 7-84) TEXAS NOTICE OF NIATER1Al. CNANGE ENDORSEMEN7 This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the (nformation Page. In the event of cancellation or ather materia! change of the poiicy, we will maii advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement sha[I not operate directly or indirectly to benefit anyone not named in #he Schedule. Schedule 1. Number af days advance notice: 30 *EXCEPT W TNE EVENT OF CANCELLATION FOR NON-PAYMENT �F PREMIUM FOR WHlCH 10 DAYS SHAL� BE GIVEN. 2. Notice will be mailed to: AIVY PERSON OR ORGANIZA710N WITH WHOM TNE NAMED INSURED HAS ENTERED INTO A WRITTEN CONTRACT WHICH REQUIRES WRITTEN NOTICE OF CANCELLATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is requireti only utiihen this endorsement is issued su6sequent ta preparation of the policy:} Endorsement Effective 01/31/12 Policy No. WC2051704 Endorsement No. Insured McClendon Construction Company, Inc _ Premium � Insurance Company Amerisure Mutual Insurance Countersigned 6y WC 42 06 01 {Ed. 7-$4) HR oFdems & $4 4856 STANDARD GENERA.L CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH -- STANDARD CONSTRUCTION SPECIFICATION DOCIJMENTS Revised: November 9, 2011 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Article 1— Definitions and Terminology . 1.01 Defined Terms ...................... 1.02 Terminology ......................... Article 2 — Preliminary Matters •-------•-••--••••---••••-•------• ........................... 2.01 Copies of Documents ........................................................ 2.02 Commencement of Contract Time; Notice to Proceed .... 2.03 Starting the Work .............................................................. 2.04 Before Starting Construction ............................................ 2.05 Preconstruction Conference .............................................. 2.06 Public Meeting..••••••••••••-•••••••••• ......................................... 2.07 Initial Acceptance of Schedules ........................................ ..•----• ................................ ........................................ ....-•-• ................................ ........................................ -••••••• ................•--•---••------- ................•..............----..... � Page 1 1 6 ........ 7 --�-••--� ........ 7 ........ 8 ........ 8 ........ 8 ........ 8 ........ 8 Article 3— Contract Documents: Intent, Amending, Reuse ......... 3.01 Intent ............................................................•--•---...•-•.. 3.02 Reference Standards ................................................... 3.03 Reporting and Resolving Discrepancies .................... 3.04 Amending and Supplementing Contract Documents 3.05 Reuse of Documents .................................................. 3.06 Electronic Data ................................................•--........ ----��--�-------------------------- g ................................... 8 ................................... 9 ................................... 9 •• .............•---..............10 .....--•-...........•------•-•--.10 .................................11 Article 4— Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points ........................•••.............-•---------....•••••................................... 4.01 Availability of Lands .....................................................•••••••...-•-•-------••••••••••••-----....-•---.. 4.02 Subsurface and Physical Conditions ......................................•--------.....--•--•-•-•--............... 4.03 Differing Subsurface or Physical Conditions .................................................................. 4.04 Underground Facilities .........................................................•-•-•-•-•••-•-----------................... 4.05 Reference Points -------------•--•-------......................................................-•••..........................., 4.06 Hazardous Environmental Condition at Site ................................................................... 11 11 12 12 13 14 14 Article 5— Bonds and Insurance -•----•---•----------------•--.......................................................................................16 5.01 Licensed Sureties and Insurers ..•••••• ..............................................................••••-•--------•-••---........16 5.02 Performance, Payment, and Maintenance Bonds .......................................................................16 5.03 Certificates of Insurance .....................................••..........................................................•-••-----...16 5.04 Contractor's Insurance--•------•-• .........................................................••----•-••--...............................18 5.05 Acceptance of Bonds and Insurance; Option to Replace ...........................................................19 Article 6 — Contractor's Responsibilities ......----••----------••--• ................................................••--------•--•--•--..........19 6.01 Supervision and Superintendence .............................•------------------.........................................-••••• 19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 6.02 Labor; Working Hours ................................................................................................................20 6.03 Services, Materials, and Equipment ...........................................................................................20 6.04 Project Schedule ........................•-------...........................................................................----•--........21 6.05 Substitutes and "Or-Equals" ................................................•---.................................................:.21 6.06 Concerning Subcontractors, Suppliers, and Others ....................................................................24 6.07 Wage Rates ........................................................................................................•--•--....................25 6.08 Patent Fees and Royalties ........................................................................................................... 26 6.09 Pernuts and Utilities .........................................................................................•---------•--•---..........27 6.10 Laws and Regulations .................................................................................................................27 _ 6.11 Taxes ...........................................................................................................................................28 6.12 Use of Site and Other Areas ....................................................................................................... 28 6.13 Record Documents ......................................................................................................•---............29 6.14 Safety and Protection .........................................................................................•--•--...................29 6.15 Safety Representative .......................................••--.......................................................................30 6.16 Hazard Communication Programs ............................................................................................. 30 6.17 Emergencies and/or Rectification ...............................................................................................30 _ 6.18 Submittals ....................................................................................................................................31 6.19 Continuing the Work ................•--..............................................---...............................................32 6.20 Contractor's General Warranty and Guarantee ..........................................................................32 6.21 Indemnification ............................................................••---••---...................................................33 6.22 Delegation of Professional Design Services .............................................................................. 34 6.23 Right to Audit .......................•---................................................................................................... 34 _ 6.24 Nondiscrimination .......................................................................................................................35 Article7- Other Work at the Site .....................•--........................------....................................-•--•-----...............35 7.01 Related Wark at Site .....................................................••-...........................................---•--..........35 7.02 Coordination........•• ......................................................................................................................36 Article 8 - City's Responsibilities ...................•--•------...................................--------...... _ ..................................... 8.01 Communications to Contractor ...................................................................................................36 8.02 Furnish Data ..................•-••........................................-•---.............................................................36 8.03 Pay When Due ................................••--•.............................-•----.........................................-•---......36 8.04 Lands and Easements; Reports and Tests ...................................................................................36 8.05 Change Orders .........................••••....-•-------...............................-----•••............................................36 8.06 Inspections, Tests, and Approvals ......-• ...................................•••-•••--.........---.........................----- 36 _ 8.07 Limitations on City's Responsibilities .......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition ....................................................................37 8.09 Compliance with Safety Program ..............•••-------•--................................•--------...........................37 Articie 9- City's Observation Status During Construction ...........................................................................37 9.01 City's Project Representative .....................•--•----......................-----.....--•---..................................37 9.02 Visits to Site ................................•••••--••-•-•---......................................----•--...................................37 9.03 Authorized Variations in Work .....................••••••-----•--.............................•-•----••••••••...................38 9.04 Rejecting Defective Work ......................................•--•-----••••-•-......................•••------•-----...............38 9.05 Determinations for Work Performed.•••• ..........................•----..................................-------•••••........38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work .....................38 CITY OF FORT WORTH - - STANDARD CONSTRUCTION SPECIFICATION DOCIJMENTS Revised: November 9, 2011 Article 10 - Changes in the Work; Clairris; Extra Work ........ 10.01 Authorized Changes in the Work ....................... 10.02 Unauthorized Changes in the Work ................... 10.03 Execution of Change Orders ............................... 10.04 Extra Work .......................................................... 10.05 Notification to Surety .......................................... 10.06 Contract Claims Process ..................................... ................................. ..38 ..38 ..39 ..39 ..39 ..39 .. 40 Article 11- Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement ......................41 11.01 Cost of the Work .........................................................................................................................41 11.02 Allowances..........•••••-•••••-....•----•--•••• ..............................•••••••••••••••....................•-••••••••••...............43 11.03 Unit Price Work ..........................................................................................................................44 11.04 Plans Quantity Measurement ..........................................•-••--••--•------...........................................45 Article 12 - Change of Contract Price; Change of Contract Time .................................................................46 12.01 Change of Contract Price ............................................................................................................46 12.02 Change of Contract Time ................................•-•----.....................................................................47 12.03 Delays ..........................••-•------......................................................................................................47 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ............... 13.01 Notice of Defects ................................................................................................................. 13.02 Access to Work ........................................•---..........................................-•-------------............... 13.03 Tests and Inspections ......................................................................•--•................................. 13.04 Uncovering Work ................................................................................................................. 13.05 City May Stop the Work.........••••••---•-• ..................................•-•-••-••-•••••-•.............................. 13.06 Correction or Removal of Defective Work ......................................................................... 13.07 CorrectionPeriod.•-• .......................................................................••••••.............••••••............. 13.08 Accepta.nce of Defective Work...........-• .........................................•--.....-•-••......................... 13.09 City May Correct Defective Work ............••-• ..........................................•-----------•-•--•--........ Article 14 - Payments to Contractor and Completion ........................... 14.01 Schedule of Values ......................•---•--................................ 14.02 Progress Payments -----•--•• ...................................••••-........... 14.03 Contractor's Warranty of Title .......................................... 14.04 PartialUtilization .............................•••-----•-........................ 14.05 Final inspection ...................................•--•••••....................... 14.06 Final Acceptance ................................................................ 14.07 Final Payment .............................................••••-................... 14.08 Final Completion Delayed and Partiai Retainage Release 14.09 Waiver of Claims .-• .......................................••---•-----.......... 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.. Article 16 - Dispute Resolution .......... 16.01 Methods and Procedures. � 48 48 48 48 49 49 50 50 51 51 .......................... 52 .......................... 52 .......................... 52 .......... • • •------------- 54 .......................... 55 ......................•--- 55 ...............•---•-----. 55 .......................... 56 .......................... 56 ......................... 57 ..................... 57 .....•--•-........... 57 ..................... 5 8 ..................... 60 ..................... 61 ..................... 61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCiJMENTS Revised: November 9, 2011 Article 17 — Miscellaneous ................................................. 17.01 Giving Notice ................................................. 17.02 Computation of Times ................................... 17.03 Cumulative Remedies .................................... 17.04 Survival of Obligations .................................. 17.05 Headings ...............................••---•-..............•--•- m ........................................... ..... 62 ..... 62 ..... 62 ..... 62 ..... 63 ..... 63 CITY OF FORT WORTH STANDARD CONSTRUC'I'ION SPECIFICATION DOCUMENTS Revised: November 9, 2011 oo�zoo-i GENERAL CONDITIONS Page 1 of 62 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Te�ns A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or fmal payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award — Authorization by the City Council for the City to enter into an Agreement. 6. Bic�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 Doctur-ients (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 1 l. Buzzsaw — City's on-line, electronic document management and collaboration system. 12. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 �2 00 - 2 GENERAL CONDITIONS Page 2 of 62 13. Change Order A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an 4 adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for imal enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 20. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance. 23. Contractor—The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-3 GENERAL CONDITIONS Page 3 of 63 25. Damage Claims — A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 26. Day or day — A day, unless otherwise defined, shall mean a Calendar Day. 27. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director of Planning and Development — The officially appointed Director of the Planning and Development Deparhnent of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. Director of Water Department — The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representa.tive, assistant, or agents. 32. DYawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36. Field Order—A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-4 GENERAL CONDITIONS Page 4 of 62 38. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. GeneYal Requirements—Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, ar other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens—Charges, security interests, or encumbrances upon Project funds, real properiy, or personal property. 44. Major Item — An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 45. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs—Polychlorinated biphenyls. -- 49. Petroleum Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50. Plans — See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 oo�zoo-s GENERAL CONDITIONS Page 5 of 62 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project—The Work to be performed under the Contract Documents. 53. Project Representative—The authorized representative of the City who will be assigned to the Site. 54. Public Meeting — An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 56. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 57. Samples Physical examples of materials, equipment, or worlananship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Spec�cations That part of the Contract Documents consisting of written requirements for materiais, equipment, systems, standards and wori�nanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-6 GENERAL CONDITIONS Page 6 of 62 63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent — The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 69. Unit Price Work—See Paragraph 11.03 of these General Conditions for defmition. 70. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, instailing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH - STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00�200-� GENERAL CONDITIONS Page 7 of 62 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: l. 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 Docuxnents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perf'orm, Provide: l. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-laiown technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELII��IINARY MATTERS 2.01 Copies ofDocuments City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time; Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCiJMENTS Revised: November 9, 2011 007200-8 GENERAL CONDITIONS Page 8 of 62 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 StaYting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3— CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereo fl to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-9 GENERAL CONDITIONS Page 9 of 62 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations l. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any 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: 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 shali 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 �2 00 - io GENERAL CONDITIONS Page 10 of 62 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, enor, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govem 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: l. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: l. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereo fl prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of ___ the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 oo�?oo-li GENERAL CONDITIONS Page 11 of 62 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4— AVAII,ABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIROTTMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. l. The City has obtained or anticipates acquisition of andlor access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCLJMENTS Revised: November 9, 2011 oo�?oo-ia GENERAL CONDITIONS Page 12 of 62 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized.• Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 D�ering Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: l. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or - 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH - STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-13 GENERAL CONDITIONS Page 13 of 62 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if 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 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 fizrnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated.• l. 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 shali, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, ZOl i 00 72 00 -14 GENERAL CONDITIONS Page 14 of 62 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades ar locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or wilifully 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 wilifully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized.• Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 -15 GENERAL CONDITIONS Page 15 of 62 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor inteipretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone far whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confum such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suita.ble for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall 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 Contractor or by arryone 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 16 GENERAL CONDITIONS Page 16 of 62 ARTICLE 5— BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall funiish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is ternunated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and SA2.C. 5.03 Cert�cates of Insurance Contractor shail deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. l. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on ali liability policies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 �z oo - i� GENERAL CONDITIONS Page 17 of 62 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent fmancial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shali state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00�2oo-is GENERAL CONDITIONS Page 18 of 62 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 1l. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions; revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-19 GENERAL CONDITIONS Page 19 of 62 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years 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 properly damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. T'here 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 accardance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCiIMENTS Revised: November 9, 2011 00 �a oo - zo GENERAL CONDITIONS Page 20 of 62 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; Working HouYs A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: l. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 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, transporta.tion, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentais 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 shail expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 �z oo - zi GENERAL CONDITIONS Page 21 of 62 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. 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. 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 quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. "Or-Equal " Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or-equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.OS.A.1, a proposed item of material or equipment will be considered fiinctionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 �a oo - za GENERA� CONDITIONS Page 22 of 62 2) it will reliably perForm at least equally we11 the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.OS.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than - Contractor. c. Contractor shall make written application to City for review of a proposed substitute item - of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section Ol 25 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of fmal completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed - - substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 23 GENERAL CONDITIONS Page 23 of 62 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Constnrction 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 wiil be allowed a reasonable time within which to evaluate each proposal or submitta.l made pursuant to Paragraphs 6.OS.A and 6.OS.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or-equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or-equal." City will advise Contractor in writing of its detennination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contf-actor shall indemn� and hold harmless City and arcyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City s Cost Reimbursement: City wili record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.OS.A.2 and 6.OS.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFTCATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 24 GENERAL CONDITIONS Page 24 of 62 G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions: No additional time wi11 be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those ,_ acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Minority and Women Owned Business Enterprise Compliance: It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City's MWBE Ordinance (as amended) by the following: l. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract in accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. E. Contractor shall be fully responsible to City for ali acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 35 GENERAL CONDITIONS Page 25 of 62 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; 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 furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the 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 shali be retained by the Ciry to offset its administrative costs, pursua.nt to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, inciuding 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 e�sts to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CTl'I' OF FORT WORTH STANDARD CONSTRUCTION SPECIFTCATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 26 GENERAL CONDITIONS Page 26 of 62 D. Arbitr�ation 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 (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the l lth day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on ail parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at ali reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shali pertain to this inspection. ___ F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royaliy 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 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 any infringement of patent rights or copyrights incident to the use in the perf'ormance of the Work or resulting from CITY OF FORT WORTH - STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 �z oo -?� GENERAL CONDITIONS Page 27 of 62 the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.09 Pernzits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contxact Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: l. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Pernuts 3. Texas Commission on Environmental Quality Pern�its 4. Railroad Company Permits C. Outstanding pennits and licenses. The City anticipates acquisition of-and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicabie to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shali bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFTCATION DOCUMENTS Revised: November 9, 2011 00 �2 00 - Zs GENERAL CONDITIONS Page 28 of 62 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Tcrxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax 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 tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .Ol l, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax pernuts and information may be obtained from: l. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 7871 l; or 2. http://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: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas pernutted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 �z oo -?9 GENERAL CONDITIONS Page 29 of 62 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Parab aph 6.21, Contractor shall indemn� and hold harmless City, fi�om and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal oY equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfaetory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor pernut any part of any structure to be loaded in any manner that wiil endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shali include accurate locations for buried and imbedded items. 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-30 GENERAL CONDITIONS Page 30 of 62 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: l. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site ar adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain ali necessary safeguards for such safety and protection. Contractar shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and repiacement of their properiy. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any properiy referred to in Paragraph 6.14.A.2 or 6.14.A3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 HazaYd Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-31 GENERAL CONDITIONS Page 31 of 62 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in confornuty with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 32 GENERAL CONDITIONS Page 32 of 62 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section O1 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: l. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or CITY OF FORT WORTH - STANDARD CONSTRUCTION SPECIFICAT'ION DOCUMENTS Revised: November 9, 2011 00 72 00 - 33 GENERA� CONDITIONS Page 33 of 62 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accardance with the Contract Documents: l. observations by City; 2. recommendation or payment by City of any progress or fmal payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.B. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmiess and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CIT'I'. This indemnity provision is intended to include, without limitation, indemnity for costs, egpenses 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 egpense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDElVINIFICATION PROVISION IS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 34 GENERAL CONDITIONS Page 34 of 62 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WFIOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design .-- drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for - the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after fmal 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 ail 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, untii the expiration of three (3) years after fmal 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 shali have access during Regular Working Hours to all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-35 GENERAL CONDITIONS Page 35 of 62 Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor far the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended.• Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7— OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 36 GENERAL CONDITIONS Page 36 of 62 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: l. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8 — CITY'S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data - City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements; Reports and Tests City's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4A2 refers to City's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH --- STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-37 GENERA� CONDITIONS Page 37 of 62 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the perFormance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9— CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City s Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. The Project Representative(s) will be as provided in the Supplementary Conditions. 9.02 Visits to Site A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Representative will deternline, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representa.tive will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-38 GENERAL CONDITIONS Page 38 of 62 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 fiznctioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Dete�ninations for Work Performed Contractor wili determine the actual quantities and classifications of Work performed. City's Project _ Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City wiil render a written decision on any issue referred. G City's written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH - STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-39 GENERAL CONDITIONS Page 39 of 62 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.O1.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. 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 ail costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Not�cation to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 40 GENERAL CONDITIONS Page 40 of 62 10.06 ContYact Claims Process A. City s Decision RequiYed: 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 ar by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment ciaimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shali submit any response to the Contractor within 30 days after receipt of the claimant's last submittal (unless Contract allows additional time). C. City s Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any, take one of the following actions in writing: l. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. CITY OF FORT WORTH - STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-41 GENERAI. CONDITIONS Page 41 of 63 D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Contractar invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11— COST OF THE WORK; ALLOWANCES; iTNIT 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 perfortnance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.O1.B, and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of perForn�ing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment fiarnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rentai of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 42 GENERAL CONDITIONS Page 42 of 62 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifcally related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not � compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long dista.nce telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash -- items in connection with the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-43 GENERAL CONDITIONS Page 43 of 62 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded.• The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, 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 1 l.Ol.A.l or specifically covered by Paragraph 1 l.Ol.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 Contractar's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, . the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Wark, Contractor's fee shall be determined as set forth in Paragraph 12.O1.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 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. Spec�ed Allowance: It is understood that Contractor has included in the Contract Price ali allowances so named in the Contract Documents and shali cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre-bid Allowances: l. Contractor agrees that: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 �z oo - �w GENERAL CONDITIONS Page 44 of 62 a. the pre-bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre-bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to fmal payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the _ estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and detennining 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 inciude an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if: 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 will be paid for at the Contract unit price. CITY OF FORT WORTH ---- STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 45 GENERAL CONDITIONS Page 45 of 62 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25% from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plans Quantity Measurement A. Pians 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 fmai quantity for which payment wili 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 wili be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new pians quantity. D. If the tota.l Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to f� the final quantity as a plans quantity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 46 GENERA� CONDITIONS Page 46 of 62 E. For callout work or non-site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12 — CHANGE OF CONTR.ACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, - by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.O1.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.O1.B2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractar's fee for overhead and profit (deternuned as provided in Paragraph 12.O1.C). C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.O1.A.1, 11:O1.A.2. and 11.O1.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) bonds and insurance; b. for costs incurred under Paragraph 1 l.Ol.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 f�ed fee is agreed upon, the intent of Paragraphs 12.O1.C.2.a and 12.O1.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH -- --- STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 47 GENERAL CONDITIONS Page 47 of 62 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.O1.A.1 and 11.O1.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11 A 1.A.6, and 11.O1.B; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra 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 perfornung other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or materiai, if any, which is to be furnished by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 48 GENERAL CONDITIONS Page 48 of 62 ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, ar 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 fl to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shali pay all costs in connection with any inspections, tests, re-tests, or approvais required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, m� designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a"fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-49 GENERAL CONDITIONS Page 49 of 62 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractar. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, fizrnishing all necessary labor, material, and equipment. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributa.ble to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CI1'1' OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-50 GENERAL CONDITIONS Page 50 of 62 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Co�ection or Removal of Defective YVork A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: l. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All ciaims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 �� oo - si GENERAI. CONDITIONS Page 51 of 62 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractar 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 limitaxion or repose. 13.08 Acceptance ofDefective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If Contractar fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attomeys, and other professionals and all court or other dispute resolution CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 �2 00 - sz GENERAL CONDITIONS Page 52 of 62 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of T�alues The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: l. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to Ciry. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 53 GENERAL CONDITIONS Page 53 of 62 B. Review ofApplications: l. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules, that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a fmal deterniination 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 e�austive, extended to every aspect of the Work in progress, or involved deta.iled inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor, or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 54 GENERA� CONDITIONS Page 54 of 62 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: 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 City. E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accardance with the Contract Documents. F. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor's Wan�anty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Appiication for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and ciear of all Liens. CITY OF FORT WORTH - - STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 55 GENERAL CONDITIONS Page 55 of 62 14.04 Partial Utilization A. Prior to Final Acceptance of all the 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, detern�ines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractar in writing to pernut City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: l. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.OS.A.1, City and Contractor shall make an inspection of that part of the Work to detern�ine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Finallnspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: l. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of aIl particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification of the City and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City wiil notify the Contractor in writing of the reasons and Contract Time will resume. 14.06 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIF'ICATION DOCUMENTS Revised: November 9, 2011 14.07 Final Payment A. Application for Payment.• 00 72 00-56 GENERA� CONDITIONS Page 56 of 62 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 fmal Application for Payrnent shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any, to fmal payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The making of the fmal 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 fmal completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's fmal Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 �2 00 - s� GENERAL CONDITIONS Page 57 of 62 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 fmal payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of fmal payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of Ciry related to or connected with the Contract. ARTICLE 15 — SUSPENSION OF WORK AND TERNIINATION 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 Wark will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an iudefinite period, the Contractor shall store all materials in such a manner that they wiil not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction proj ect for the City. CITY OF FORT WORTii STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 15.02 City May Terminate for Cause 00 �2 00 - ss GENERAL CONDITIONS Page 58 of 62 A. The occurrence of any one or more of the following events by way of example, but not of limitation, may justify termination for cause: l. Contractor's persistent failure to perform the Work in accardance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City's MWBE ordinance established under Paragraph 6.06.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise fmancially unable to carry on the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be heid not later than 15 days, after receipt of notice. l. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the - Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-59 GENERAL CONDITIONS Page 59 of 62 obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.B, Contractor's services will not be terniinated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so tern�inated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shali not supersede the provisions of this Articie. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCiJMENTS Revised: November 9, 2011 15.03 City May Terminate For Convenience 00 72 00 - 60 GENERAL CONDITIONS Page 60 of 62 A. City may, without cause and without prejudice to any other right or remedy of City, terniinate the Contract. Ariy termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the perfortnance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the ternunation; 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 properiy 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 ternunation date specified in the notice of ternunation, . the Contractor may submit to the City a list, certified as to quantity and quality, of any or all - items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CPI'I' OF FORT WORTH STANDARD CONS'IRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-61 GENERAL CONDITIONS Pa�e 61 of 62 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, Contractor shall be paid for (without duplication of any items): l. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly 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 Coniractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C3 or 10.06.D shall become fmal and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: CITY OF FORT WORTH STANDARD CONS1'RUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 62 GENERAL CONDITIONS Page 62 of 62 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: l. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving parly. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 63 GENERAL CONDITIONS Page 63 of 62 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive fmal payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUC"I'ION SPECIFICATION DOCUMENTS Revised: November 9, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 00 73 00 - 1 SUPPLEMENTARY CONDITIONS Page 1 of5 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. Aii 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 following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-3.03B.2, "Resolving Discrepancies" Plans govern over Specifications and Specifications shall govern over standard details. SC-4.OlA Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.O1A.1., "Availability of Lands" The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of July 11, 2012: Outstanding Right-Of-Way, and/or Easements to Be Acquired PARCEL OWNER NUMBER ��� TARGET DATE OF POSSESSION The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations. SC-4.O1A.2, "Availability of Lands" CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 11, 2012 2008 CIF' Contract 7C City Project No. 01268 00 73 00 - 3 SUPPLEMENTARY CONDITIONS Page 2 of 5 Utilities or obstructions to be removed, adjusted, and/or relocated The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as of July 1 i, 2012: EXPECTED UTILITY AND LOCATION OWNER TARGET DATE OF ADJUSTMENT � 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 4'7 48 49 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. SC-4.02A., "Subsurface and Physical Conditions" The following are reports of explorations and tests of subsurface conditions at the site of the Work: A Geotechnical Investigation, Report No. E09-0704, dated Aub st 24, 2009, prepared by Mas-Tek Engineering & Associates, Inc. a sub-consultant of Burgess and Nipie, a consultant of the City, providing additional information on subsurface conditions. 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 lrnown to the City: None SC-5.03A., "Certificates of Insurance" 'The entities listed below are "additional insureds as their interest may appear" including their respective officers, directors, agents and employees. (i) City (2) Consultant: Burgess & Niple, Inc. (3) Other: None SC-5.04A., "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 regularions: 5.04A. Workers' Compensation, under Paragraph GC-5.04A. Statutory limits Employer's liability $100,000 each accident/occurrence $100,000 Disease - each employee $500,000 Disease - policy limit CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 11, 2012 2oos c�r con�� �c City Proj ect No. 01268 00 73 00 - 3 SUPPLEMENTARY CONDITIONS Page 3 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 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 GG5.04C. Contractor's Liability Insurance under Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", 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 owned and operated by: None. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a"Right of Entry Agreement" with the particular 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 railroad company's properties. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operarions and work cross, occupy, or touch railroad property: (1) General Aggregate: (2) Each Occurrence: _ Required far this Contract CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1 l, 2012 $0 $0 X Not required for this Contract 2008 CIP Contract 7C City Project No. 01268 00 73 00 - 4 SUPPLEMENTARY CONDITIONS 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 govern: Pa�e 4 of 5 1. Where a single raikoad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same raiiroad company, separate coverage may be required, each in the amount stated above. 2. Where more than one railroad company is operating on the same right-of-way or where several raiiroad companies are involved and operated on their own separate rights-of-way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. 3. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a raikoad company's right-of-way at a location entirely separate from the grade separation or at- b ade 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 sepazate locations. No work or activities on a raikoad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. The insurance specified above must be carried until all Work to be performed on the raikoad 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 raikoad 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 Appendixes: 2008 Prevailing Wage Rates Construction Industry SC-6.09., "Permits and Utilities" SC-6.09A., "Contractor obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: None SC-6.09B. "City obtained permits and licenses" The following are Irnown permits and/or licenses required by the Contract to be acquired by the City: None SC-6.09C. "Outstanding permits and licenses" CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 11, 2012 2008 CIP Contract 7C City Project No. 01268 00 73 00 - 5 SUPPLEMENTARY CONDITIONS Page 5 of 5 1 2 3 4 5 The following is a list of known outstanding permits and/or licenses to be acquired, if any as of July 11, 2012: Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE E1ND LOCATION None TARGET DATE OF POSSESSION 6 7 SC-7.02., "Coordination" 8 9 The individuals or entities listed below have contracts with the City for the performance of other work at 10 the Site: Scope of Work Coordination Authority Vendor None 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SC-8.01, "Communications to Contractor" None SC-9.01., "City's Project Representative" The following firm is a consultant to the City responsible for construction management of this Project: None SC-13.03C., "Tests and Inspections" None SC-16.O1C.1, "Methods and Procedures" None END OF SECTION CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised July 1 l, 2012 oi ii o0-1 SUMMARY OF WORK Page 1 of 3 1 2 3 PART1- GENERAL SECTION O1 11 00 SLT�vIMARY OF WORK 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to" 10 1. Division 0- Bidding Requirements, Contract Forms, and Conditions of the Contract 11 2. Division 1- General Requirements ' 2 1.2 PRICE AND PAYMENT PROCEDURES 3 A. Measurement and Payment i4 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 A. Work Covered by Contract Documents l. 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 a11 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 l. 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. a. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. CITY OF FORT WORTH 2O08 CIF' Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCITMENTS City Project No. 01268 Revised July l, 2011 01 li oo-? SUMMARY OF WORK Page 2 of 3 1 b. Excavated and waste materials shall be stored in such a way as not to interfere 2 with the use of spaces that may be designated to be left free and unobstructed 3 and so as not to inconvenience occupants of adjacent property. 4 c. If the street is occupied by railroad tracks, the Wark shall be carried on in such 5 manner as not to interfere with the operation of the railroad. 6 1) All Work shall be in accordance with railroad requirements set forth in 7 Division 0 as well as the railroad permit. 8 D. Work within Easements 9 1_ Do not enter upon private property for any purpose without having previously 10 obtained perxnission from the owner of such property. 11 2. Do not store equipment or material on private property unless and until the 12 specified approval of the property owner has been secured in writing by the 13 Contractor and a copy furnished to the City. 14 3. Unless specifically provided otherwise, clear all rights-of-way or easements of 15 obstructions which must be removed to make possible proper prosecution of the 16 Work as a part of the project construction operations. 17 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 18 lawns, fences, culverts, curbing, and a11 other types of structures or improvements, 19 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 20 appurtenances thereof, including the construction of temporary fences and to all 21 other public or private property adjacent to the Work. 22 5. Notify the proper representatives of the owners or occupants of the public or private 23 lands of interest in lands which might be affected by the Work. 24 a_ Such notice shall be made at least 48 hours in advance of the beginning of the 25 Work. 26 b. Notices shall be applicable to both public and private utility companies and any 27 corporation, company, individual, or other, either as owners or occupants, 28 whose land or interest in land might be affected by the Work. 29 c. Be responsible for all damage or injury to property of any character resulting 30 from any act, omission, neglect, or misconduct in the manner or method or 31 execution of the Work, or at any time due to defective work, material, or 32 33 34 35 36 37 38 39 40 41 42 equipment. 6. Fence a. Restore all fences encountered and removed during construction of the Proj ect to the original or a better than original condition. b. Erect temporary fencing in place of the fencing removed whenever the Work is not in progress and when the site is vacated overnight, and/or at all times to provide site security. c. The cost for all fence work associated with easements, including removal, temporary closures and replacement, shall be subsidiary to the various items bid in the project proposal, unless a bid item is specifically provided in the proposal_ CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS City Project No. 01268 Revised July 1, 2011 01 11 00 - 3 SUMMARY OF WORK Page3 of3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 112 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3- EXECUTION [NOT USED] 11 END OF SECTION 12 13 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS Revised July 1, 2011 2008 CIP Contract 7C City Project No. 01268 012500-1 SUBSTITUTION PROCEDURES Page 1 of4 i 2 3 PART1- GENERAL 4 1.1 SL�'VIMARY 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1.2 SECTION Ol 25 00 SUBSTITUTION PROCEDURES A. Section Includes: 1. The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to 1 or more of the following: a. Name of manufacturer b. Name of vendor c. Trade name d. Catalog number 2. Substitutions are not "or-equals". B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements PRICE AND PAYMENT PROCEDURES 20 A. Measurement and Payment 21 1. Work associated with this Item is considered subsidiary to the various items bid. 22 No separate payment will be allowed for this Item. 23 1.3 REFERENCES [NOT USED] 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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 Speciiications 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 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS City Project No. 01268 Revised July l, 2011 oi zs oo -? SUBSTITUTION PROCEDURES Page2 of4 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 l. Substitution sha11 be considered only: 6 a. After award of Contract 7 b. Under the conditions stated herein 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 2. Submit 3 copies of each written request for substitution, including: a. Documentation 1) Complete data substantiating compliance of proposed substitution with Contract Documents 2) Data relating to changes in construction schedule, when a reduction is proposed 3) Data relating to changes in cost b. For products 1) Product identification a) Manufacturer's name b) Telephone number and representative contact name c) Specification Section or Drawing reference of originally specified product, including discrete name or tag number assi�ed to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a) Size b) Composition or materials of construction c) Weight d) Electrical or mechanical requirements 4) Product experience a) Location of past proj ects utilizing product b) Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product c) Available field data and reports associated with proposed product 5) Samples a) Provide at request of City. b) Samples become the property of the City. c. For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C. Approval or Rejection 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 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS City Project No. 01268 Revised July l, 2011 O1 25 00 - 3 SUBSTITUTION PROCEDURES 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 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] 1.7 CLOSEOUT SUBNIITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. In making request for substitution or in using an approved product, the Contractor represents that the Contractor: l. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work, to include building modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] l.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] 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 2O08 CIP Contract 7C STt1NDARD CONSTRUCTION SPECIFICATION DOCLTMENTS City Project Ido. 01268 Revised July I, 2011 O1 25 00 - 4 SUBSTITLI'I'ION 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. Fi11 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 speciiied item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and speciiied items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature as noted Firm _ Address Date Telephone For Use by City: Approved City CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS Revised July 1, 2011 _ Recommended _ Not recommended By Date Remarks Date Rej ected _ Recommended Received late 2008 CII' Contract 7C City Project No. 01268 013119-1 PRECONSTRUCTION MEETING Page i of3 1 2 3 PART1- GENERAL SECTION Ol 31 19 PRECONSTRUCTION MEETING 4 l.l SiJMMARY 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 � 10 11 12 13 1.2 B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 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 REQITIREMENTS 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 27 28 29 30 31 32 33 34 35 36 37 38 B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the execution of the Agreement and before Work is started. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Project Representative b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised July l, 2011 Ol 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 Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor's work plan and schedule e. Contract Time 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. Materiai Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre-Construction Conditions q. Weekend Work Notifcation r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City's representative for operations of existing water systems v. Storm Water Pollution Prevention P1an 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 ar Comments CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2008 CIF' Contract 7C City Project No. 01268 O1 31 19 - 3 PRECONSTRUCTION MEETING Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBNIITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSITRANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED) 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3- EXECUT�ON [NOT USED] 11 12 13 END OF SECTION Revision Log DATE NAME SLTNIMARY OF CHANGE CITY OF FORT WORTA STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS Revised July l, 2011 2008 CIP Contract 7C Ciry Project No. 01268 013120-1 PROJECT MEETINGS Page 1 of3 1 2 3 PARTl- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 SECTION Ol 3120 PROJECT MEETINGS A. Section Includes: 1. Provisions for project meetings throughout the construction period to enable orderly review of the progress of the Work and to provide for systematic discussion of potential problems B. Deviations this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: l. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various items bid. 17 No separate payment will be allowed for this Item. � 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 A. Coordination l. Schedule, attend and administer as specified, periodic progress meetings, and specially called meetings throughout progress of the Work. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meetings administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. 4. Meetings, in addition to those specified in this Section, may be held when requested by the City, Engineer or Contractor. B. Pre-Construction Neighborhood Meeting 1. After the execution of the Agreement, but before construction is allowed to begin, attend 1 Public Meeting with affected residents to: a. Present projected schedule, including construction start date b. Answer any construction related questions 2. Meeting Location a. Location of ineeting to be determined by the City. 3. Attendees a. Contractor CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised July 1, 2011 O1 31 20 -2 PROJECT MEETINGS Page 2 of 3 1 2 3 4 5 6 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. 7 C. Progress Meetings 8 1. Formal project coordination meetings will be held periodically. Meetings wili be 9 scheduled and administered by Project Representative. 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 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 ar 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 CITI' OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised July 1, 2011 O1 31 20 - 3 PROJECT MEETINGS Page 3 of 3 1 6. Meeting Schedule 2 a. Progress meetings will be held periodically as determined by the Project 3 Representative. 4 1) Additional meetings may be held at the request of the: 5 a) City 6 b) Engineer 7 c) Contractor 8 7. Meeting Location 9 a. The City will establish a meeting location. 10 1) To the extent practicable, meetings will be held at the Site. 11 1.5 SUBMITTALS [NOT USED] 12 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 13 1.7 CLOSEOUT SUBMITTALS [NOT USED] 14 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USEDJ 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 22 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 23 CITY OF FORT WORTH 2O08 CIP Contract'7C STt1NDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised July 1, 2011 013216-1 CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 1 2 3 PART1- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 15 1.2 16 17 18 19 1.3 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 SECTION Ol 32 16 CONSTRUCTION PROGRESS SCHEDULE A. Section Includes: 1. General requirements for the preparation, submittal, updating, status reporting and management of the Construction Progress Schedule 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance Document B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. REFERENCES A. Definitions 1. Schedule Tiers a. Tier 1- No schedule submittal required by contract. Sma11, brief duration projects b. Tier 2- No schedule submittal required by contract, but will require some milestone dates. Small, brief duration projects c. Tier 3- Schedule submittal required by contract as described in the Speciiication and herein. Majority of City projects, including all bond program proj ects 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 treatxnent plant 2. Baseline Schedule - Initial schedule submitted before work begins that will serve as the baseline for measuring progress and departures from the schedule. 3. Progress Schedule - Monthly submittal of a progress schedule documenting progress on the project and any changes anticipated. CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS City Project No. 01268 Revised July i, 2011 O1 32 16-2 CONSTRUCTION PROGRESS SCHEDULE 1 4. Schedule Narrative - Concise narrative of the schedule including schedule 2 changes, expected delays, key schedule issues, critical path items, etc 3 B. Reference Standards 4 1. City of Fort Worth Schedule Guidance Document 5 1.4 ADMINISTRATIVE REQUIREMENTS 6 A. Baseline Schedule Page 2 of 5 7 l. General 8 a. Prepare a cost-loaded baseline Schedule using approved software and the 9 Critical Path Method (CPM) as required in the City of Fort Worth Schedule 10 Guidance Document. 11 b. Review the draft cost-loaded baseline Schedule with the City to demonstrate 12 understanding of the work to be performed and known issues and constraints 13 related to the schedule. 14 c. Designate an authorized representative (Project Scheduler) responsible for 15 developing and updating the schedule and preparing reports. 16 17 18 19 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. 20 3 _ Change Orders 21 a. Incorporate approved change orders, resulting in a change of contract time, in 22 the baseline Schedule in accordance with City of Fort Worth Schedule 23 Guidance Document. 24 C. Responsibility for Schedule Compliance 25 1. Whenever it becomes apparent from the current progress Schedule and CPM Status 26 Report that delays to the critical path have resulted and the Contract completion 27 date will not be met, or when so directed by the City, make some or all of the 28 following actions at no additional cost to the City 29 a. Submit a Recovery Plan to the City for approval revised baseline Schedule 30 outlining: 31 1) A written statement of the steps intended to take to remove or arrest the 32 delay to the critical path in the approved schedule 33 2) Increase construction manpower in such quantities and crafts as will 34 substantially eliminate the backlog of work and return current Schedule to 35 meet projected baseline completion dates 36 3) Increase the number of working hours per shift, shifts per day, working 37 days per week, the amount of construction equipment, or any combination 38 of the foregoing, sufficiently to substantially eliminate the backlog of work 39 4) Reschedule activities to achieve maximum practical concurrency of 40 accomplishment of activities, and comply with the revised schedule 41 2. If no written statement of the steps intended to take is submitted when so requested 42 by the City, the City may direct the Contractor to increase the level of effort in 43 manpower (irades), equipment and work schedule (overtime, weekend and holiday 44 work, etc.) to be employed by the Contractor in order to remove or arrest the delay 45 to the critical path in the approved schedule. 46 a. No additional cost for such work will be considered. CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCiTMENTS City Project No. 01268 Revised July 1, 2011 O1 32 16-3 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 D. The Contract completion time will be adjusted only for causes specified in this Contract. a. Requests for an extension of any Contract completion date must be supplemented with the following: 1) Furnish justification and supporting evidence as the City may deem necessary to determine whether the requested extension of time is entitled under the provisions of this Contract. a) The City will, after receipt of such justification and supporting evidence, make findings of fact and will advise the Contractor, in writing thereof. 2) If the City finds that the requested extension of time is entitled, the City's determination as to the total number of days allowed for the extensions shall be based upon the approved total baseline schedule and on all data relevant to the extension. a) Such data shall be included in the next updating of the Progress schedule. b) Actual delays in activities which, according to the Baseline schedule, do not affect any Contract completion date shown by the critical path in the network wi11 not be the basis for a change therein. 2. Submit each request for change in Contract completion date to the City within 30 days after the beginning of the delay for which a time extension is requested but before the date of final payment under this Contract. a. No time extension will be granted for requests which are not submitted within the foregoing time limit. b. From time to time, it may be necessary for the Contract schedule or completion time to be adjusted by the City to reflect the effects of job conditions, weather, technical difficulties, strikes, unavoidable delays on the part of the City or its representatives, and other unforeseeable conditions which may indicate schedule adjustments or completion time extensions. 1) Under such conditions, the City will direct the Contractor to reschedule the work or Contract completion time to reflect the changed conditions and the Contractor shall revise his schedule accordingly. a) No additional compensation will be made to the Contractor for such schedule changes except for unavoidable overall contract time extensions beyond the actual completion of unaffected work, in which case the Contractor shall take all possible action to minimize any time extension and any additional cost to the City. b) Available float time in the Baseline schedule may be used by the City as well as by the Contractor. 3. Float or slack time is defined as the amount of time between the earliest start date and the latest start date or between the earliest finish date and the latest finish date of a chain of activities on the Baseline Schedule. a. Float or slack time is not for the exclusive use or benefit of either the Contractor or the City. b. Proceed with work according to early start dates, and the City shall have the right to reserve and apportion float time according to the needs of the proj ect. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2008 CIP Contract 7C City Project No. 01268 O1 32 16 -4 CONSTRUCTION PROGRESS SCHEDULE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Page 4 of 5 c. Acknowledge and agree that actual delays, affecting paths of activities containing float time, will not have any effect upon contract completion times, providing that the actual delay does not exceed the float time associated with those activities. E. Coordinating Schedule with Other Contract Schedules 1. Where work is to be performed under this Contract concurrently with or contingent upon work performed on the same facilities or area under other contracts, the Baseline Schedule shall be coordinated with the schedules of the other contracts. a. Obtain the schedules of the other appropriate contracts from the City for the preparation and upda.ting of Baseline schedule and make the required changes in his schedule when indicated by changes in corresponding schedules. 2. In case of interference between the operations of different contractors, the City wi11 determine the work priority of each contractor and the sequence of work necessary to expedite the completion of the entire Project. a. In such cases, the decision of the City shall be accepted as final. b. The temporary delay of any work due to such circumstances shall not be considered as justification for claims for additional compensation. 18 1.5 SUBNIITTALS 19 A. Baseline Schedule 20 21 22 23 24 25 l. Submit Schedule in native file format and pdf format as required in the City of Fort Worth Schedule Guidance Document. a. Native file format includes: 1) Primavera (P6 or Primavera Contractor) 2. Submit draft baseline Schedule to City prior to the pre-construction meeting and bring in hard copy to the meeting for review and discussion. 26 B. Progress Schedule 27 1. Submit progress Schedule in native file format and pdf format as required in the 28 City of Fort Worth Schedule Guidance Document. 29 2. Submit progress Schedule monthly no later than the last day of the month. 30 31 32 33 34 35 36 37 38 39 C. Schedule Narrative 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth Schedule Guidance Document. 2. Submit schedule narrative monthly no later than the last day of the month. D. Submittal Process l. 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. CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS City Project No. 01268 Revised July l, 2011 013216-5 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE 5 A. The person preparing and revising the construction Progress Schedule shall be 6 experienced in the preparation of schedules of similar complexity. 7 B. Schedule and supporting documents addressed in this Specification shall be prepared, 8 updated and revised to accurately reflect the performance of the conshuction. 9 C. Contractor is responsible far the quality of all submittals in this section meeting the 10 standard of care for the construction industry for similar projects. 11 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 12 1.11 FIELD [SITE] CONDITIONS [NOT USED] 13 1.12 WARRANTY [NOT USED] 14 PART 2- PRODUCTS [NOT USED] 15 PART 3- EXECUTION [NOT USEDJ 16 END OF SECTION 17 18 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2008 CIP Contract 7C City Project No. 01268 013233-1 PRECONSTRUCTION VIDEO Page 1 of2 1 2 3 PARTl- GENERAL 4 1.1 SUMMARY SECTION Ol 32 33 PRECONSTRUCTION VIDEO 5 A. Section Includes: 6 1. Administrative and procedural requirements for: 7 a. Preconstruction Videos 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1— General Requirements 13 1.2 PRICE AND 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 wi11 be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Preconstruction Video 20 1. Produce a preconstruction video of the site/alignment, including all areas in the 21 vicinity of and to be affected by construction. 22 a. Provide digital copy of video upon request by the City. 23 2. Retain a copy of the preconstruction video until the end of the maintenance surety 24 period. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUSMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBNIITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 31 1.11 FIELD [SITE] CONDITIONS [NOT USED] 32 1.12 WARRANTY [NOT USED] 33 PART 2- PRODUCTS [NOT USED] CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised 7uly i, 2011 013233-2 PRECONSTRUCTION VIDEO PART 3 - EXECUTION [NOT USED] END OF SECTION Page2 of3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH 2O08 CII' Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised July 1, 2011 O1 33 00 -1 SUBMITTALS Page 1 of 8 1 2 3 PART1- GENERAL 4 1.1 SUIVIMARY 5 6 7 8 9 10 11 12 13 14 15 16 17 SECTION 0133 00 SUBMITTALS A. Section Includes: 1. General methods and requirements of submissions applicable 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. 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 l. Work associated with this Item is considered subsidiary to the various items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADNIINISTRATIVE REQUIREMENTS 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal su�ciently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication fl Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH 2O08 CIP Contract �C STANDARD CONSTRUCTION SPECIFTCATION DOCiTMENTS City Project No. 01268 Revised July 1, 2011 01 33 00 - 2 SUBMITTALS Page 2 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the %rst 6 digits of the applicable Speciiication Section Number. b. For the next 2 digits number use numbers O1-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: CIx�G�IIIIIaI% :, 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification 1. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) "By this submittal, I hereby represent that I have determined and verif ed 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'/2 inches x 11 inches to 8%2 inches x 11 inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description ofPacket 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July l, 2011 2008 CIP Contract'IC City Project No. 01268 O1 33 00 - 3 SUBMITTALS Page 3 of 8 1 2. The Project title and number 2 3. Contractor identification 3 4. The names of: 4 a. Contractor 5 b. Supplier 6 c. Manufacturer 7 5. Identi�cation of the product, with the Specification Section number, page and 8 paragraph(s) 9 6. Field dimensions, clearly identified as such 10 7. Relation to adjacent or critical features of the Work or materials 11 8. Applicable standards, such as ASTM or Federal Specification numbers 12 9. Identification by highlighting of deviations from Contract Documents 13 10. Identification by highlighting of revisions on resubmittals 14 1 l. An 8-inch x 3-inch blank space for Contractor and City stamps 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 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. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product da.ta for products included on the City's Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City's Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer`s product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing-in diagrams and templates 5) Catalog cuts 6) Product photographs CITY OF FORT WORTH 2O08 CIP Contract'7C STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS City Project No. 01268 Revised July 1, 2011 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 7) Standard wiring diagrams 8) Printed performance curves and operational-range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mili reports 11) Product operating and maintenance instructions and recommended spare-parts listing and printed product warranties 12) As appiicable to the Work H. Samples l. As specified in individual Sections, include, but are not necessarily limited to_ a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattem 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 18 I. Do not start Work requiring a shop drawing, sample or product data nor any material to 19 be fabricated or installed prior to the approval or qualified approval of such item. 20 1. Fabrication performed, materials purchased or on-site construction accomplished 21 which does not conform to approved shop drawings and data is at the Contractor's 22 risk. 23 24 25 26 2'7 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution 1. Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor sha11 submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised July 1, 2011 Ol 33 00 - 5 SUBMITTALS PageS of8 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 a. � c. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. Product Data 1) Distributed to the City 2) Copies a) 4 copies Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as . directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1 29 2. 30 31 32 33 34 3. 35 36 37 38 39 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 fulfillment of the terxns 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 responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 CITY OF FORT WORTFi 2008 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised July l, 2011 O1 33 00 - 6 SUBMITTALS Page 6 of 8 1 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of 2 the notations and comments IS NOT required by the Contractor. 3 a) The Contractor may release the equipment or material far manufacture; 4 however, all notations and comments must be incorporated into the 5 final product. C� c. Code 3 7 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 8 assigned when notations and comments are extensive enough to require a 9 resubmittal of the package. 10 a) The Contractor may release the equipment or material for manufacture; 11 however, all notations and comments must be incorporated into the 12 final product. 13 b) This resubmittal is to address all comments, omissions and 14 non-conforming items that were noted. 15 c) Resubmittal is to be received by the City within 15 calendar days of the 16 date of the City's transmittal requiring the resubmittal. 17 d. Code 4 18 1) "NOT APPROVED" is assigned when the submittal does not meet the 19 intent of the Contract Documents. 20 a) The Contractor must resubmit the entire package revised to bring the 21 submittal into conformance. 22 b) It may be necessary to resubmit using a different manufacturer/vendor 23 to meet the Contract Documents. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor's risk if not marked b. Submittals for each item will be reviewed no more than twice at the City's expense. 1) A11 subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative's then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractar to an extension of Contract Time. 39 7. Partial Submittals 40 a. City reserves the right to not review submittals deemed partial, at the City's 41 discretion. 42 b. Submittals deemed by the City to be not complete will be returned to the 43 Contractor, and will be considered "Not Approved" until resubmitted. 44 c. The City may at its option provide a list or mark the submittal directing the 45 Contractor to the areas that are incomplete. 46 8. If the Contractor considers any correction indicated on the shop drawings to 47 constitute a change to the Contract Documents, then written notice must be 48 provided thereof to the City at least 7 Worlang Days prior to release for 49 manufacture. CITY OF FORT WORTH 2O08 CIP Contract'7C STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS City Project No. 01268 Revised July 1, 2011 O1 33 00 - 7 SUBMITTALS Page 7 of 8 1 . 9. When the shop drawings have been completed to the satisfaction of the City, the 2 Contractor may carry out the construction in accordance therewith and no further 3 changes therein except upon written instructions from the City. 4 10. Each submittal, appropriately coded, will be returned within 30 calendar days 5 following receipt of submittal by the City. 6 L. Mock ups 7 1. Mock Up units as specified in individual Sections, include, but are not necessarily 8 limited to, complete units of the standard of acceptance for that type of Work to be 9 used on the Project. Remove at the completion of the Work or when directed. 10 M. Qualifications 11 1. If specifically required in other Sections of these Specifications, submit a P.E. 12 Certiiication for each item required. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 N. Request for Information (RFI) l. 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_ NumberingofRFI a. Prefix with "RFI" followed by series number, "-�", beginning with "Ol" and increasing sequentially with each additional transmittal. 4. Sufficient information shall 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 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCIJMENTS City Project No. 01268 Revised July l, 2011 013300-8 SUBMITTALS Page 8 of 8 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 l.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARItA]vTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3- EXECUTION [NOT USED] 11 12 END OF SECTION Revision Log DATE NAME SUNIlVIARY OF CHANGE 13 CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised July l, 2011 013513-1 SPECIAL PROJECT PROCEDURES Page 1 of 8 1 2 3 PARTl- GENERAL 4 l.l SLiMMARY 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 SECTION 013513 SPECIAL PROJECT PROCEDURES A. Section Includes: 1. The procedures for speciai project circumstances that includes, but is not limited to: a. Coordination with the Texas Department of Transportation b. Work near High Voltage Lines c. Confined Space Entry Program d. Air Pollution Watch Days e. Use of Explosives, Drop Weight, Etc. f. Water Department Notification g. Public Notification Prior to Beginning Construction h. Coordination with United States Army Corps of Engineers i. Coordination within Railroad permits areas j. Dust Control k. Employee Parking B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: l. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 3. Section 33 12 25 — Connection to Existing Water Mains 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Coordination within Railroad permit areas a. Measurement 1) Measurement for this Item will be by lump sum. b. Payment 1) The work performed and materials furnished in accordance with this Item will be paid for at the lump sum price bid for Raikoad Coordination. c. The price bid shall include: 1) Mobilization 2) Inspection 3) Safety training 4) AdditionalInsurance S) Insurance Certificates 6) Other requirements associated with general coordination with Railroad, including additional employees required to protect the right-of-way and property of the Railroad from damage arising out of and/or from the construction of the Project. 2. Railroad Flagmen CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS City Project No. 01268 Revised July 20, 2012 013513-2 SPECIAL PROJECT PROCEDURES Page 2 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 a. Measurement 1) Measurement for this Item will be per working day. b. Payment 1) The work performed and materials furnished in accordance with this Item will be paid for each working day that Railroad Flagmen are present at the Site _ c. The price bid shall include: 1) Coordination for scheduling flagmen 2) Flagmen 3) Other requirements associated with Railroad 3. All other items a. Work associated with these Items is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 14 1.3 REFERENCES 15 A. Reference Standards 16 1. Reference standards cited in this Specification refer to the current reference 17 standard published at the time of the latest revision date logged at the end of this 18 Specification, unless a date is specifically cited. 19 2. North Central Texas Council of Governments (NCTCOG) — Clean Construction 20 Specification 21 1.4 ADMINISTRATIVE REQUIREMENTS 22 A. Coordination with the Texas Deparhnent of Transportation 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 1. When work in the right-of-way which is under the jurisdiction of the Texas Department of Transportation (T�OT): a. Notify the Texas Deparhnent of Transportation prior to commencing any work therein in accordance with the provisions of the permit b. All work performed in the TxDOT right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation B. Work near High Voltage Lines 1. Warning sign a. Provide sign of sufficient size meeting all OSHA requirements. 2. Equipment operating within 10 feet of high voltage lines will require the following safety features a. Insulating cage-type of guard about the boom or arm b. Insulator links on the lift hook connections for back hoes or dippers c. Equipment must meet the safety requirements as set forth by OSHA and the safety requirements of the owner of the high voltage lines 3. Work within 6 feet of high voltage electric lines a. Notification shall be given to: 1) The power company (example: ONCOR) a) Maintain an accurate log of all such calls to power company and record action taken in each case. b. Coordination with power company 1) After notification coordinate with the power company to: CITY OF FORT WORTH 2O08 CIP Contract'7C STANDARD CONSTRUCTION SPECIFICATION DOCIJMENTS City Project No. 01268 Revised July 20, 2012 O1 35 13 -3 SPECIAL PROJECT PROCEDURES Page 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 a) Erect temporary mechanical barriers, de-energize the lines, or raise or lower the lines c. No personnel may work within 6 feet of a high voltage line befare the above requirements have been met. C. Confined Space Entry Program l. Provide and follow approved Confined Space Entry Program in accordance with OSHA requirements. � 2. Confined Spaces include: a. Manholes b. All other conf`ined spaces in accordance with OSHA's Permit Required for Confined Spaces D. Air Pollution Watch Days 1 �� Genera� a. Observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLLTTION 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. Watch Days a. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. b. Requirements 1) Begin work after 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. 2) However, the Contractor may begin work prior to 10:00 a.m. if: a) Use of motorized equipment is less than 1 hour, or b) If equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. E. Use of Explosives, Drop Weight, Etc. 1. When Contract Documents permit on the project the following will apply: a. Public Notifcation 1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior to commencing. 2) Minimum 24 hour public notiiication in accordance with Section Ol 31 13 F. Water Department Coordination 39 l. During the construction of this project, it will be necessary to deactivate, for a 40 period of time, existing lines. The Contractor shall be required to coordinate with 41 the Water Department to determine the best times for deactivating and activating 42 those lines. 43 2. Coordinate any event that will require connecting to or the operation of an existing 44 City water line system with the City's representative. 45 a. Coordination shall be in accordance with Section 33 12 25. CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCLJMENTS City Project No. 01268 Revised July 20, 2012 O1 35 13 -4 SPECIAL PROJECT PROCEDURES Page 4 of 8 1 b. If needed, obtain a hydrant water meter from the Water Department for use 2 during the life of named proj ect. 3 c. In the event that a water valve on an existing live system be turned off and on 4 to accommodate the construction of the project is required, coordinate this 5 activity through the appropriate City representative. 6 1) Do not operate water line valves of existing water system. 7 a) Failure to comply will render the Contractor in violation of Texas Penal 8 Code Title 7, Chapter 28.03 (Criminal Mischiefl and the Contractor 9 will be prosecuted to the full extent of the law. 10 b) In addition, the Contractor will assume ali liabilities and 11 responsibilities as a result of these actions. 12 G_ Public Notification Prior to Beginning Construction 13 1. Prior to beginning construction on any block in the project, on a block by block 14 basis, prepare and deliver a notice or flyer of the pending construction to the front 15 door of each residence or business that will be impacted by construction. The notice 16 shall be prepared as follows: 17 a. Post notice or flyer 7 days prior to beginning any construction activity on each 18 block in the project area. 19 1) Prepare flyer on the Contractor's letterhead and include the following 20 information_ 21 22 23 24 25 26 27 28 a) Name of Project b) City Project No (CPN) c) Scope of Project (i.e. type of construction activity) d) Actual construction duration within the block e) Name of the contractor's foreman and phone number fl Name of the City's inspector and phone number g) City's after-hours phone number 2) A sample of the `pre-construction notification' flyer is attached as E�chibit 29 A. 30 3) Submit schedule showing the construction start and finish time for each 31 block of the project to the inspector. 32 4) Deliver flyer to the City Inspector for review prior to distribution. 33 b. No construction will be allowed to begin on any block until the flyer is 34 delivered to all residents of the block. 35 36 37 38 39 40 41 42 43 H. Public Notification of Temporary Water Service Interruption during Construction l. In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction, prepare and deliver a notice or flyer of the pending interruption to the front door of each affected resident. 2. Prepared notice as follows: a. The notification or flyer shall be posted 24 hours prior to the temporary interruption. b. Prepare flyer on the contractor's letterhead and include the following information: 44 1) Name of the project 45 2) City Project Number 46 3) Date of the interruption of service 47 4) Period the interruption will take place 48 5) Name of the contractor's foreman and phone number CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS City Project No. 01268 Revised July 20, 2012 013513-5 SPECIAL PROJECT PROCEDURES Page 5 of 8 1 2 3 4 5 6 � 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6) Name of the City's inspector and phone number c. A sample of the temporary water service interruption notification is attached as Exhibit B. d. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed. e. No interruption of water service can occur until the flyer has been delivered to all affected residents and businesses. f. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector. I. Coordination with United States Army Corps of Engineers (USACE) 1. At locations in the Project where construction activities occur in areas where USACE permits are required, meet all requirements set forth in each designated permit. J. Coordination within Railroad Permit Areas l. At locations in the project where construction activities occur in areas where railroad permits are required, meet all requirements set forth in each designated railroad permit. This includes, but is not limited to, provisions for: a. Flagmen b. Inspectors c. Safety training d. Additional insurance e. Insurance certificates f. Other employees required to protect the right-of-way and property of the Railroad Company from damage arising out of and/or from the construction of the project. Proper utility clearance procedures shall be used in accordance with the permit guidelines. 2. Obtain any supplemental information needed to comply with the railroad's requirements. 3. Railroad Flagmen a. Submit receipts to City for verification of working days that railroad flagmen were personnel were present on Site. 32 K. Dust Control 33 l. Use acceptable measures to control dust at the Site. 34 a. If water is used to control dust, capture and properly dispose of waste water. 35 b. If wet saw cutting is performed, capture and properly dispose of slurry. 36 L. Employee Parking 37 1. Provide parking for employees at locations approved by the City. CITY OF FORT WORTH 2O08 CIF' Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised July 20, 2012 013513-6 SPECIAL PRO7ECT PROCEDURES Pa�e 6 of 8 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBNIITTALS [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 12 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE July 2011 13 CITY OF FORT WORTH 2O08 CIl' Contract'7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised July 20, 2012 013513-7 SPECIAL PROJECT PROCEDURES Page 7 of 8 1 2 3 4 5 6 Date: 7 8 CPN No.: 9 Project Name: l0 Mapsco Location: 11 Limits of Construction: 12 13 EXHIBIT A (To be printed on Contractor's Letterhead) 14 15 16 17 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 18 WORTH, OUR COMPANY WILL WORK ON UTILITY �INES ON OR AROUND YOUR 19 PROPERTY. 20 21 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 22 OF THIS NOTICE. 23 24 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 25 ISSUE, PLEASE CA��: 26 27 28 Mr. <CONTRACTOR�S SUPERINTENDENT> AT <TELEPHONE NO.> 29 30 OR 31 32 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 33 34 AFTER 4:30 PM OR ON WEEKENDS, P�EASE CALL (817) 392 8306 35 36 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 37 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 7uly 20, 2012 2008 CIP Contract 7C Ciry Project No. 01268 O1 35 13 - 8 SPECIAL PROJECT PROCEDURES Pa�e 8 of 8 1 2 EXHIBIT B FORTWORTH �: DOE IiO. XXXX Project Iieme: rI01'ICE OF ?EMPORAI�Y WA?Ei� SERVICE II�ITERRiIPTIOI�i DUE TO UTII.ITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT-OUT, PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR Mg. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POS5IBLE. THANK YOU, ,CONTRACTOR 3 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 20, 2012 2008 CIP Contract 7C City Project No. 01268 014523-1 TESTING AND iNSPECTION SERVICES Page 1 of2 1 2 3 PARTl- GENERAL 4 1.1 SUMMARY SECTION Ol 45 23 TESTING AND INSPECTION SERVICES 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 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1— General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 a. Contractor is responsible for performing, coordinating, and payment of all 17 Quality Control testing. 18 b. City is responsible for performing and payment for first set of Quality 19 Assurance testing. 20 1) If the first Quality Assurance test performed by the City fails, the 21 Contractor is responsible for payment of subsequent Quality Assurance 22 testing until a passing test occurs. 23 a) Final acceptance wi11 not be issued by City until all required payments 24 for testing by Contractor have been paid in full. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 28 29 30 31 32 33 34 35 36 37 38 A. Testing l. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another external FTP site approved by the City. CITY OF FORT WORTA 2008 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised July 1, 2011 014523-2 TESTING AND INSPECTION SERVICES Page 2 of 2 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 Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered 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 SUBNIITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 24 25 26 27 28 29 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUNIMARY OF CHANGE 30 CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS City Project No. 01268 Revised July 1, 2011 oi s000-i TEMPORARY FACILITIES AND CONTROLS Page 1 of4 1 2 SECTION Ol 50 00 TEMPORARY FACILITIES AND CONTROLS 3 PARTl- GENERAL 4 11 SUMMARY 5 A. Section Includes: 6 1. Provide temporary facilities and controls needed for the Work including, but not 7 necessarily limited to: 8 a. Temporary utilities 9 b. Sanitary facilities 10 c. Storage Sheds and Buildings 11 d. Dust control 12 e. Temporary fencing of the construction site 13 B. Deviations from this City of Fort Worth Standard Specification 14 1. None. 15 C. Related Specification Sections include, but are not necessarily limited to: 16 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division 1— General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 l. Work associated with this Item is considered subsidiary to the various Items bid. 21 No separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 A. Temporary Utilities l. 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. 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 CITY OF FORT WORTH 2O08 CIP Contract'7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised July 1, 2011 Ol 50 00 - 2 TEMPORARY FACILITIES AND CONTROLS Pa�e2 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 d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City's established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of 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. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. 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 will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off-site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project G Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. � a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. 42 D. Temporary Fencing 43 1. Provide and maintain for the duration or construction when required in contract 44 documents 45 E. Dust Control CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2ooa crn con�� �c City Proj ect No. 01268 1 2 3 4 5 6 � 8 9 10 11 12 13 14 15 O1 50 00 - 3 TEMPORARY FACILITIES AND CONTROLS Page 3 of4 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 l. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] l.11 FIELD [SITE] CONDITIONS [NOT USED] 112 WARRANTY [NOT USED] 16 PART 2- PRODUCTS [NOT USED] 17 PART 3- EXECUTION [NOT USED] 18 3.1 INSTALLERS [NOT USED] 19 3.2 . EXAIVIINATION [NOT USED] 20 3.3 PREPARATION [NOT USED] 21 3.4 INSTALLATION 22 A. Temporary Facilities 23 1. Maintain all temporary facilities for duration of construction activities as needed. 24 3.5 [REPAIR] / [RESTORATION] 25 3.6 RE-INSTALLATION 26 3.7 FIELD [ox] SITE QUALITY CONTROL [NOT USED] 27 3.8 SYSTEM STARTUP [NOT USED] 28 3.9 ADJUSTING [NOT USED] __ 29 3.10 CLEANING [NOT USED] _ 30 3.11 CLOSEOUT ACTIVITIES 31 A. Temporary Facilities CTTY OF FORT WORTH 2O08 CIP Contract'7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised July l, 2011 Ol 50 00 -4 TEMI'ORARY FACILITIES AND CONTROLS Page4 of4 1 1. Remove all temporary facilities and restore area after completion of the Work, to a 2 condition equal to or better than prior to start of Work. 3 3.12 PROTECTION (NOT USED] 4 3.13 MAINTENANCE [NOT USED] 5 3.14 ATTACHMENTS [NOT USED] 6 END OF SECTION 7 Revision Log DATE NAME SLTMIVIARY OF CHANGE CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Ciry Project No. 01268 Revised July l, 2011 015526-1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 1 2 SECTION Ol 55 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 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 2'7 28 29 30 31 32 33 34 35 36 37 38 l.l SUMMARY A. Section Includes: 1. Administrative procedures for: a. Street Use Permit b. Modification of approved traffic control c. Removal of Street Signs B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 3. Section 34 71 13 — TrafFic Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REF`ERENCES A. Reference Standards l. 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 specifcally cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 AD�MINISTRATIVE REQUIREMENTS A. Traffic Control l. General a. When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare tra�c control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B. Street Use Permit l. Prior to installation of Traffic Control, a City Street Use Permit is required. a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. CITY OF FORT WORTH 2O08 CII' Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCIJMENTS City Project No. 01268 Revised July i, 2011 O1 55 26 - 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1 2 3 1) Allow a minimum of 5 working days for permit review. 2) Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. 4 C. Modification to Approved Traffic Control 5 1. Prior to installation traffic control: 6 a. Submit revised traffic control plans to City Department Transportation and 7 Public Works Department. 8 1) Revise Traffic Control plans in accordance with Section 34 71 13. 9 2) Allow minimum 5 working days for review of revised Traffic Control. 10 3) It is the Contractor's responsibility to coordinate review of Traffic Control 11 plans for Street Use Permit, such that construction is not delayed. 12 D. Removal of Street Sign 13 l. If it is determined that a street sign must be removed for construction, then contact 14 City Transportation and Public Works Department, Signs and Markings Division to 15 remove the sign. 16 17 18 19 20 21 22 23 E. Temporary Signage 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. 24 F. Traffic Control Standards 25 1. Traffic Control Standards can be found on the City's Buzzsaw website. 26 1.5 SUBMITTALS [NOT USED] 27 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBNIITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 30 1.9 QUALITY ASSURANCE [NOT USED] 31 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 32 33 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WAI21tANTY [NOT USED] 34 PART 2- PRODUCTS [NOT USED] 35 PART 3- EXECUTION [NOT USED] 36 END OF SECTION CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised July l, 2011 1 2 015526-3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME Si.TNINIARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2008 CIP Contract 7C City Project No. 01268 015713-1 STORM WATER POLLUTION PREVENTION Page 1 of3 1 2 SECTION Ol 5713 STORM WATER POLLUTION PREVENTION 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 34 35 36 37 1.1 SUMMARY A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 3. Section 31 25 00 — Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance a. Measurement and Payment shall be in accordance with Section 31 25 00. 1.3 REFERENCES A. Abbreviations and Acronyms l. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environxnental Quality: TCEQ 5. Notice of Change: NOC A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Speci�cation, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A. General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised July 1, 2011 015713-2 STORM WATER POLLUTION PREVENTION Page 2 of 3 1 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 B. Construction Activities resulting in: �� �� 40 1.5 SUBNIITTALS 41 42 43 44 45 46 47 A. SWPPP 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 31 25 00 and Drawings. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Sma11 Construction Site Notice Required under general pernut TXR150000 a) Sign and post at job site b) Prior to Preconstnzction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Terxnination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 1. Submit in accordance with Section O1 33 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Deparhnent of Transportation and Public Works, Environmental Division for review CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July i, 2011 2008 CIP Contract 7C City Project No. 01268 01 57 13 - 3 STORM WATER POLLUTION PREVENTION Page3 of3 i B. Modified SWPPP 2 1. Ifthe SWPPP is revised during construction, resubmit modified SWPPP to the City 3 in accordance with Section O1 33 00. 4 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS (NOT USED] 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUSNIITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE [NOT USED] 8 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 9 1.11 FIELD [SITE] CONDITIONS (NOT USED] 10 1.12 WA,�2RANTY [NOT USED] 11 PART 2- PRODUCTS [NOT USED] 12 PART 3- EXECUTION [NOT USED] 13 14 15 ��IZ�Ta7.� x����l Revision Log DATE NAME SL�MMARY OF CHANGE CITY OF FORT WORTH 2O08 CIl' Contract �C STANDARD CONSTRUCTION SPECIFICATION DOCtJMENTS City Project No. 01268 Revised July 1, 2011 015813-I TEMPORARY PROTECT SIGNAGE Page 1 of3 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 SECTION Ol 58 13 TEMPORAKY PROJECT SIGNAGE PARTl- GENERAL 1.1 SUMTVIARY 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 SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING (NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-F`URNISHED [ox] 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July l, 2011 2008 CIP Contract 7C City Project No. 01268 Ol 58 13 -2 TEMPORARY PROJECT SIGNAGE Page 2 of 3 1 B. Materials 2 1. Sign 3 a. Constructed of 3/4-inch fir plywood, grade A-C (exterior) or better 4 2.3 ACCESSORIES [NOT USED] 5 2.4 SOURCE QUALITY CONTROL [NOT USED] 6 PART 3 - EXECUTION 7 3.1 INSTALLERS [NOT USED] 8 3.2 EXAMINATION [NOT USED] 9 3.3 PREPARATION [NOT USED] 10 3.4 INSTALLATION 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 ZS 26 A. General 1. Provide vertical installation at extents of project. 2. Relocate sign as needed, upon request of the City. B. Mounting options a. Skicls b. Posts c. Barricade 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 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2008 CIP Contract 7C City Project No. 01268 1 2 O1 58 13 - 3 TEMPORARY PROJECT SIGNAGE Pa�e3 of3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July l, 2011 2008 CII' Contract 7C City Project No. 01268 O16000-1 PRODUCT REQUIREMENTS Page 1 of2 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 30 31 32 33 34 SECTION Ol 60 00 PRODUCT REQUIREMENTS l.l SUMMARY A. Section Includes: 1. A listing of the approved products for use in the City 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 [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. A list of City approved products for use is attached to this Section. B. Only products specifically included on City's Standard Product List in these Contract Documents shall be allowed for use on the Project. l. Any subsequently approved products will only be allowed for use upon specifc approval by the City. C. Any specific product requirements in the Contract Documents supersede similar products included on the City's Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City's Standard Product List. D. Although a specific product is included on City's Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer's standard product. E. See Section O1 33 00 for submittal requirements of Product Data included on City's Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] CITY OF FORT WORTH 2O08 CIF' Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised July 1, 2011 O1 60 00 - 2 PRODUCT REQUIREMENTS Pa�e 2 of 2 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WA,RRANTY [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3- EXECUTION (NOT USED] 5 END OF SECTION Revision Log DATE NAME SITMMARY OF CHANGE 7 CITI' OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Ciry Project No. 01268 Revised July l, 2011 O16600-1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of4 1 2 SECTION Ol 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PART1- GENERAL 4 5 6 � 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forxns 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 SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBNIITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUSMITTALS [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 WORTA 2008 CII' Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCIJMENTS City Project No. 01268 Revised 7uly i, 2011 O16600-2 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page Z of 4 1 2 3 4 5 6 C. Storage Requirements 1. Store materials in accordance with manufacturer's recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 7 B. Handling Requirements 8 l. Handle products or equipment in accordance with these Contract Documents and 9 manufacturer's recommendations and instructions. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 3 � E E:j 9. 10 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. 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 construction site for storage of material and equipment as shown on Drawings, or approved by City's Project Representative. Provide off-site storage and protection when on-site storage is not adequate. a. Provide addresses of and access to off-site storage locations for inspection by City's Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written perxnission of owner or other person in possession or control of premises. Store in manufacturers' unopened containers. Neatly, safely and compactly stack ma.terials 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July l, 2011 2008 CIP Contcact 7C City Project No. 01268 O 1 66 00 - 3 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page3 of4 1 l.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 ERECTION [NOT USED] 9 3.5 REPAIR / RESTORATION [NOT USED] 10 3.6 RE-INSTALLATION [NOT USED] 11 3.7 FIELD [ox] SITE QUALITY CONTROL 12 A. Tests and Inspections " 13 1. Inspect all products or equipment delivered to the site prior to unloading. 14 B. Non-Conforming Work 15 1. Reject all products ar equipment that are damaged, used or in any other way 16 unsatisfactory for use on the project. 17 3.8 SYSTEM STARTUP [NOT USED] 18 3.9 ADJUSTING [NOT USED] 19 3.10 CLEANING [NOT USED] 20 3.11 CLOSEOUT ACTIVITIES [NOT USED] 21 3.12 PROTECTION 22 A. Protect all products or equipment in accordance with manufacturer's written directions. 23 B. Store products or equipment in location to avoid physical damage to items while in 24 storage. 25 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 26 the manufacturer. ___ 27 3.13 MAINTENANCE [NOT USED] 28 3.14 ATTACI3MENTS [NOT USED] 29 END OF SECTION 30 CITY OF FORT WORTA 2008 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCiTMENTS City Project No. 01268 Revised July 1, 2011 O1 66 00 - 4 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCiTMENTS City Proj ect No. 01268 Revised July 1, 2011 - oo�000-i MOBILIZATION AND REMOBILIZATION Page 1 of3 1 2 3 PART1- GENERAL SECTION Ol 70 00 MOBILIZATION AND REMOBILIZATION 4 l.l SUMMARY 5 A. Section Includes: 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 3 3. 2. Mobilization and Demobilization a. Mobilization: 1) Transportation of Contractor's personnel, equipment, and operating supplies to the Site 2) Establishxnent of necessary general facilities for the Contractor's operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor's personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor's operation from one location to another location on the Site. b. Demobilization: 1) Transportation of Contractor's personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization: a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization: a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor's operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June'7, 2012 2008 CIP Contract 7C City Project No. 01268 00 �o 00 -? MOBILIZATION AND REMOBILIZATION Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site for the issued Work Order. b) Establishment of necessary general facilities for the Contractor's operation at the Site for the issued Work Order 2) Demobilization sha11 consist of the activities and cost necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Work Order c) Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occurs within 24 hours of the issuance of the Work Order_ B. Deviations from City of Fort Worth Standa.rds 2. None 21 C. Related Specification Sections include but are not necessarily limited to 22 2. Division 0- Bidding Requirements, Contract Forms, and Conditions of the 23 Contract. 24 1.2 PRICE AND PAYMENT PROCEDURES 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 A. Measurement and Payment 2. Mobilization and Demobilization a. Measurement and Payment 1) Work associated with this Item is considered subsidiary to the various items bid. No separate payxnent will be allowed for this item. 3. Remobilization for suspension of Work as specifically required in the Contract Documents a. Measurement 1) Measurement for this Item shall be per each remobilization preformed b. Payment 1) The work performed in accordance with this Item will be paid for at the unit price per each "Specified Remobilization" in accordance with Contract Documents. c. The price shall include: 1) Demobilization as described in Section l.l.A.2.a.1) 2) Remobilization as described in Section 1.1.A.2.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 4. Remobilization for suspension of Work as required by City a. Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of 00 72 00 General Conditions. CITY OF FORT WORTH 2O08 CIP Contract'7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised June 7, 2012 00 70 00 - 3 MOBILIZATION AND REMOBILIZATION Pa�e 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 5. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed in accordance with this Item will be paid for at the unit price per each "Work Order Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include 1) Mobilization as described in Section 1.1.A.3.a.1) 2) Demobilization as described in Section l.l.A.3.a2) 3) No payments will be made for standby, idle time, or lost profits associated this Item. 6. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payrnent 1) The Work performed in accordance with this Item will be paid for at the unit price per each "Work Order Emergency Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include 1) Mobilization as described in Section 1.1.A.4.a) 2) Demobilization as described in Section l.l.A.3.a2) 3) No payments will be made for standby, idle time, or lost profits associated this Item. 1.3 TO 1.12 [NOT USED] 32 PART 2- PRODUCTS [NOT USED] 33 PART 3- EXECUTION [NOT USED] 34 35 END OF SECTION Revision Log DATE NAME SUNIMARY OF CHANGE [2010 JAN 06] 36 CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised June 7, 2012 017123-1 CONSTRUCTION STAKING Page 1 of3 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 30 31 32 33 34 35 36 SECTION Ol 7123 CONSTRUCTION STAKING 1.1 SLfPvI:MARY A. Section includes: 1. Requirements for construction staking. B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Construction Stakes 1. Construction staking will be performed by the City. 2. Coordination a. Contact City's Project Representative at least 2 weeks in advance for scheduling of Construction Staking. 3. General a. It is the Contractor's responsibility to coordinate staking such that construction activities are not delayed or negatively impacted. b. Contractor is responsible for preserving and maintaining stakes furnished by City. c. If in the opinion of the City, a sufficient number of stakes or markings have been lost, destroyed or disturbed, by Contractor's neglect such that the contracted Work cannot take place, then the Contractar will be required to pay the City for new staking with a 25 percent markup. 1) The cost for staking will be deducted from the payment due to the Contractor for the Project. 1.5 SUBMITTALS A. Submittals, if required, shall be in accordance with Section Ol 33 00. l. All submittals shall be approved by the Engineer or the City prior to delivery. CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCIJMENTS City Project No. 01268 Revised July l, 2011 017123-2 CONSTRUCTION STAKING Pa�e 2 of 3 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBNIITTALS 2 A. Certificates 3 1. Provide certificate certifying that elevations and locations of improvements are in 4 conformance or non-conformance with requirements of the Contract Documents. 5 a. Certificate must be sealed by a registered professional land surveyor in the 6 State of Texas. 7 B. Field Quality Control Submittals 8 l. Documentation verifying accuracy of field engineering work 9 1.7 CLOSEOUT SUBMITTALS [NOT USED] 10 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 11 1.9 QUALITY ASSURANCE 12 A. Use adequate numbers of skilled workmen who are thoroughly trained and experienced 13 in the necessary crafts and who are completely familiar with the specified requirements 14 and the methods needed for proper performance of the Work. 15 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 16 1.11 F'IELD [SITE] CONDITIONS [NOT USED] 17 112 WARRANTY [NOT USED] 18 PART 2- PRODUCTS [NOT USED] 19 PART 3 - EXECUTION 20 3.1 INSTALLERS [NOT USED] 21 3.2 EXANIINATION [NOT USED] 22 3.3 PREPARATION 23 A. Verify location and protect control points before commencing Work. 24 B. Notify City's Project Representative immediately of any discrepancies discovered. 25 3.4 APPLICATION [NOT �USED] 26 3.5 REPAIR / RESTORATION [NOT USED] 27 3.6 RE-INSTALLATION [NOT USED] 28 3.'7 FIELD [ox] SITE QUALITY CONTROL 29 A. Preserve permanent reference points during progress of the Work. 30 B. Do not change or relocate reference points without approval from the City. 31 C. Utilize recognized engineering survey practices. CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS City Project No. 01268 Revised July 1, 2011 017123-3 CONSTRUCTION STAKING Page 3 of 3 1 3.8 SYSTEM STARTUP [NOT USED] 2 3.9 ADJUSTING [NOT USED] 3 3.10 CLEANING [NOT USED] 4 3.11 CLOSEOUT ACTIVITIES [NOT USED] 5 3.12 PROTECTION [NOT USED] 6 3.13 MAINTENANCE [NOT USED] 7 3.14 ATTACHMENTS [NOT USED] 8 END OF SECTION 9 Revision Log DATE NAME SUNIMARY OF CHANGE 10 CITY OF FORT WORTH 2O08 CIP Contract �C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised July 1, 2011 017423-1 CLEANING Page 1 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 SECTION Ol 74 23 CLEANING PARTl- GENERAL 1.1 Sti�MMARY A. Section Includes: 1. Intermediate and final cleaning for Work not includi ig special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specif cation 1. None. C. Related Specification Sections include, but are not neces ;arily limited to: l. 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 Sc dding 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidi �ry 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 l. 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 fmal inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBNIITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 7uly l, 2011 2008 CIP Contract 7C City Project No. 01268 017423-2 CLEANING Page2 of4 1 l.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART2- PRODUCTS 4 2.1 OWNER-FURNISHED [ox] OWNER-SUPPLIEDPRODUCTS [NOT USED] 5 2.2 MATERIALS 6 7 8 9 10 11 12 A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] 13 PART 3 - EXECUTION 14 3.1 INSTALLERS [NOT USED] 15 3.2 EXANIINATION [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.� FIELD [ox] 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 storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS City Project No. 01268 Revised July 1, 2011 01 74 23 - 3 CLEANING Page3 of4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with this proj ect. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on-site. B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which may become airborne or transported by flowing water during the storm. 21 C. Interior Final Cleaning 22 l. Remove grease, mastic, adhesives, dust, dirt, stains, fmgerprints, labels and other 23 foreign materials from sight-exposed surfaces. 24 2. Wipe all lighting fu�ture reflectors, lenses, lamps and trims clean. 25 3. Wash and shine glazing and mirrors. 26 4. Polish glossy surfaces to a clear shine. 27 5. Ventilating systems 28 a. Clean permanent filters and replace disposable filters if units were operated 29 during construction. 30 b. Clean ducts, blowers and coils if units were operated without filters during 31 construction. 32 6. Replace all burned out lamps. 33 7. Broom clean process area floors. 34 8. Mop office and control room floors. 35 36 37 38 39 40 41 42 D. Exterior (Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a. Re-seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. CIT`Y OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS City Project No. 01268 Revised July l, 2011 Ol 74 23 - 4 CLEANING Page 4 of4 1 4. If no longer required for maintenance of erosion facilities, and upon approval by 2 City, remove erosion control from site. 3 5. Clean signs, lights, signals, etc. 4 3.11 CLOSEOUT ACTIVITIES [NOT USED] 5 3.12 PROTECTION [NOT USED] 6 3.13 MAINTENANCE [NOT USED] 7 3.14 ATTACHMENTS [NOT USED] 8 � END OF SECTION Revision Log DATE NAME SiJMMARY OF CHANGE 10 CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised July l, 2011 017719-1 CLOSEOUT REQUIREMENTS Page 1 of 3 1 2 SECTION Ol 7719 CLOSEOUT REQUIREMENTS 3 PART1- GENERAL 4 l.l SUMMARY 5 A. Section Includes: 6 1. The procedure for closing out a contract 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1— General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Guarantees, Bonds and Affidavits 19 l. No application for fmal payment will be accepted until all guarantees, bonds, 20 certificates, licenses and affidavits required for Work or equipment as specified are 21 satisfactorily filed with the City. 22 B. Release of Liens or Claims 23 l. No application for final payment will be accepted until satisfactory evidence of 24 release of liens has been submitted to the City. 25 1.5 SUBMITTALS 26 A. Submit a11 required documentation to City's Project Representative. CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS City Project No. 01268 Revised July 1, 2011 01 77 19 - 2 CLOSEOUT REQUIREMENTS Page 2 of 3 1 1.6 INFORMATIONAL SUBMITTALS [NOT.USED] 2 1.7 CLOSEOUT SUBNIITTALS [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 CLOSEOUT PROCEDURE 9 A. Prior to requesting Final Inspection, submit: 10 1. Project Record Documents in accordance with Section Ol 78 39 11 2. Operation and Maintenance Data, if required, in accordance with Section O1 78 23 12 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 13 Ol 74 23. 14 C. FinalInspection 15 1. After final cleaning, provide notice to the City Project Representative that the Work 16 is completed. 17 a. The City will make an initial Final Inspection with the Contractor present. 18 b. Upon completion of this inspection, the City will notify the Contractor, in 19 writing within 10 business da.ys, of any particulars in which this inspection 20 reveals that the Work is defective or incomplete. 21 2. Upon receiving written notice from the City, immediately undertake the Work 22 required to remedy deficiencies and complete the Work to the satisfaction of the 23 City. 24 3. Upon completion of Work associated with the items listed in the City's written 25 notice, inform the City, that the required Work has been completed Upon receipt 26 of this notice, the City, in the presence of the Contractor, will make a subsequent 27 Final Inspection of the project. 28 4. Provide all special accessories required to place each item of equipment in full 29 operation. These special accessory items include, but are not limited to: 30 a. Specified spare parts 31 b. Adequate oil and grease as required for the first lubrication of the equipment 32 c. Initial fill up of all chemical tanks and fuel tanks 33 d. Light bulbs 34 e. Fuses 35 f. Vault keys 36 g. Handwheels 37 h. Other expendable items as required for initial start-up and operation of all 38 equipment 39 D. Notice of Project Completion CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS City Proj ect No. 01268 Revised July 1, 2011 017719-3 CLOSEOUT REQUIREMENTS Page 3 of 3 1 l. Once the City Project Representative finds the Work subsequent to Final Inspection 2 to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). 3 E. Supporting Documentation 4 1. Coordinate with the City Project Representafive to complete the following 5 additional forms: ___ 6 a. Final Payment Request 7 b. Statement of Contract Time - 8 c. Affidavit of Payment and Release of Liens 9 d. Consent of Surety to Final Payment 10 e. Pipe Report (if required) -- 11 f. Contractor's Evaluation of City 12 g. Performance Evaluation of Contractor 13 F. Letter of Final Acceptance 14 l. Upon review and acceptance of Notice of Project Completion and Supporting ___. 15 Documentation, in accordance with General Conditions, City will issue Letter of 16 Final Acceptance and release the Fina1 Payment Request for payment. 17 3.5 REPAIR / RESTORATION [NOT USED] 18 3.6 RE-INSTALLATION [NOT USED] 19 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 20 3.8 SYSTEM STARTUP [NOT USED] 21 3.9 ADJUSTING [NOT USED] 22 3.10 CLEANING [NOT USED] 23 3.11 CLOSEOUT ACTIVITIES [NOT USED] 24 3.12 PROTECTION [NOT USED] 25 3.13 MAINTENANCE [NOT USED] - 26 3.14 ATTACHMENTS [NOT USED] 27 END OF SECTION 28 � Revision Log � DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS Ciry Project No. 01268 Revised July l, 2011 017823-1 OPERATION AND MAINTENANCE DATA Page 1 of5 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 34 35 36 37 SECTION Ol 78 23 OPERATION AND MAINTENANCE DATA 1.1 SITMMARY A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products fiunished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) c. Butterfly Valves B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment wi11 be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADNIINISTRATIVE REQUIREMENTS A. Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A. Submittals shall be in accordance with Section O1 33 00 Submittal Procedures. All submittals shall be approved by the City prior to delivery. 1.6 INFORMATIONAL SUBMITTALS A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8%2 inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer's printed data, or neatly typewritten CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCIJMENTS City Project No. 01268 Revised July 1, 2011 O17823-2 OPERATION AND MAINTENANCE DATA Page 2 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 3'7 38 39 40 41 42 43 44 45 46 47 48 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 MAlNTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual 3. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent �oupmgs. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content 3 � 1. Neatly typewritten table of contents for each volume, ananged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Loca1 source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a. Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information Drawings a. Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c. Do not use Project Record Drawings as maintenance drawings. Written text, as required to supplement product data for the particular installation: a. Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2008 CIP Contract 7C City Project No. 01268 O1 78 23 - 3 OPERATION AND MAINTENANCE DATA Page 3 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes l. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems l. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut-down and emergency instructions 3) Suminer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions f. Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July l, 2011 2008 CIP Contract 7C City Project No. 01268 O1 78 23 -4 OPERATION AND MAINTENANCE DATA Page 4 of 5 1 i. Charts of valve tag numbers, with location and function of each valve 2 j. List of original manufacturer's spare parts, manufacturer's current prices, and 3 recommended quantities to be maintained in storage 4 k. Other data as required under pertinent Sections of Speciiications 5 3. Content, for each electric and electronic system, as appropriate: 6 a. Description of system and component parts 7 1) Function, normal operating characteristics, and limiting conditions 8 2) Performance curves, engineering data and tests 9 3) Complete nomenciature and commercial number of replaceable parts 10 b. Circuit directories of panelboards 11 1) Electrical service 12 2) Controls 13 3) Communications 14 c. As installed color coded wiring dia�ams 15 d. Operating procedures 16 1) Routine and normal operating instructions 17 2) Sequencesrequired 18 3) Special operating instructions 19 e. Maintenance procedures 20 1) Routine operations 21 2) Guide to "trouble shooting" 22 3) Disassembly, repair and reassembly 23 4) Adjustment and checking 24 f. Manufacturer's printed operating and maintenance instructions 25 g. List of original manufacturer's spare parts, manufacturer's current prices, and 26 recommended quantities to be maintained in storage 27 h. Other data as required under pertinent Sections of Specifications 28 4. Prepare and include additional data when the need for such data becomes apparent 29 during instruction of City's personnel. 30 1.7 CLOSEOUT SUBNIITTALS [NOT USED] 31 1.8 MAINTENANCE MATERIAL SUBNIITTALS [NOT USED] 32 1.9 QUALITY ASSURANCE 33 A. Provide operation and maintenance data by personnel with the following criteria: 34 l. Trained and experienced in maintenance and operation of described products 35 2. Skilled as technical writer to the extent required to communicate essential data 36 3. Skilled as draftsman competent to prepare required drawings CITI' OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCiJMENTS City Project No. 01268 Revised July l, 2011 O1 �823-5 OPERATION AND MAINTENANCE DATA Page 5 of 5 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 l.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WA,RRANTY [NOT USED] 4 PART 2- PRODUCTS [NOT USED] 5 PART 3- EXECUTION [NOT USED] 0 � END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2oos crn con��t �c City Project No. 01268 01 78 39 -1 PROJECT RECORD DOCUMENTS Page 1 of4 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 34 35 36 SECTION Ol '78 39 PROJECT RECORD DOCUMENTS l.l SUMMARY 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 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 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City's Project Representative. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBNIITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 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 sha11 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 WORTA 2008 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCtJMENTS City Project No. 01268 Revised July 1, 2011 01 78 39 - 2 PROJECT RECORD DOCUMENTS Page2 of4 1 2 3 4 5 3 7 8 9 10 11 12 13 14 15 16 3. To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of a11 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. l.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] 17 PART 2 - PRODUCTS 18 2.1 OWNER-FURNISHED [ox] OWNER-SUPPLIED PRODUCTS [NOT USED] 19 20 21 22 23 24 25 26 27 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] 28 PART 3 - EXECUTION 29 3.1 INSTALLERS [NOT USED] 30 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 2O08 CIF' Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised July l, 2011 01 78 39 - 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 47 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 fmal 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 far 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 pomay precise physicallayout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the verticallocation of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents l. Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding fmal 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2008 CIP Contract 7C City Project No. 01268 01 78 39 - 4 PROJECT RECORD DOCUMENTS Pa�e 4 of4 c. Call attention to each entry by drawing a"cloud" around the area ar 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 fmal Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 1 2 3 4 5 6 7 8 9 10 11 12 13 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] 14 15 16 17 18 19 20 21 22 23 END OF SECTION 24 25 Revision Log DATE NAME SUMMARY OF CHANGE � 26 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS Revised July 1, 2011 2008 CIP Contract �C City ProjecfNo. 01268 APPENDIX GC-4.02 Subsurface and Physical Conditions GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GR-01 60 00 Product Requirements CITY OF FORT WORTH 2O08 CIP Contract 7C STt1NDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised July l, 2011 GC-4.02 Subsurface and Physical Conditions THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH 2O08 CIP Contract'7C STANDARD CONSTRUCTION SPECIFICATION DOCLJMENTS City Project No. 01268 Revised July 1, 2011 ��C?T����11�At� IN1�E�T���►,T`IC�I� PAVEMEN�` F�E�C�N�T�U��"IQf� G,�4PITAL Pl�C�,��CTS �'t�R CQNT�.��T` �� FC� RT VICa �TF� � T��.�,� MAS-TEK PRQJECT NQ: E09-0704 AUGUST 24, 20Q9 PRESENTED TO: ��� � ■ FQRT iNQRTH� TE�AS PRESENTED 8Y: MAS-TEK ENGINEER/NG 8c ASSOClATES, INC. 5132 Sharp Street - Da//as Texas 75247 MARK �l. FARROW, P.E. Principal �'�� rw-r�c�c�.� & s►ssoe:at.s, U.a. ! / ,.� MAs-TEtc Engineering & Associates, Inc. August 24, 2009 Mr. William D. Wendland, P.E. GSWW 3950 Fossil Creek Boulevard., Suite 210 Fort Worth, Texas 76137-2745 E-Mail: bwendlandCa�burnip.com Re: Geotechnicallnvestigation Pavement Reconstruction Capital Projects for Contract 7C Fort Worth, Texas MTE Projeei No. E09-0704 Dear Mr. Wendland: Please find enclosed our report summarizing the results of the geotechnical investigation perFormed at the above referenced project. We trust the recommendations derived from this investigation will provide you with the information necessary to complete your proposed project successfully. For your future construction materials testing and related quality control requirements, it is recommended that the work be perFormed by Mas-Tek Engineering & Associates, Inc. in order to maintain continuity of inspection and testing services for the project under the direction of the geotechnical project engineer. We thank you for the opportunity to provide you with our geotechnical services. If we can be af further assistance, please do not hesitate to contact us. Sincerely, MAS-TEK ENGINEERING & ASSOCIATES ��`�� �� Aaron J. Allen, M. .C�.I.T. Project Manager �� � G :c . � ..�-f r : � TiExAS REc�1s`TEFtEp ENG1t+lEEFut�IG F1R�1 F-1418 � Mark J. � Principa � ,;�: • ��;� . ��f � �� s . '��..— Geotechnical Consulting & Materials Testing 5 I 32 Sharp Street Dallas, Texas 75247 972 709-7384 TABLE OF CONTENTS PAVEMENT RECONSTRUCTION NEIGHBORHOOD RESIDENTIAL STREETS FORT WORTH, TEXAS PAGE 1.Q INTRODUCTION ......................................................................................................1 1.1 PROJECT DESCRIPTION ............................................................................1 1.2 PURPOSE AND SCOPE ..............................................................................1 2.0 FIELD INVESTIGATION ..........................................................................................1 3.0 LABORATORY TESTING ........................................................................................2 4.0 SITE AND SUBSURFACE CONDITIONS ................................................................2 4.1 GENERA� SITE CONDITIONS .....................................................................2 4.2 SUBSURFACE CONDITIONS ......................................................................2 4.3 S1TE GEOLOGY ...........................................................................................3 4.4 GROUNDWATER CONDITlONS ..................................................................3 4.5 SOIL MOVEMENTS ......................................................................................3 5.0 ANALYSIS AND RECOMMENDATIONS .................................................................4 5.1 PAVEMENT RECOMMENDATIONS ............................................................4 5.2 EXISTING FILL SOILS ..................................................................................4 5.3 SUBGRADE PREPARATION .......................................................................5 5.4 LIME STABILIZATION ..................................................................................5 5.5 DESIGN AND CONSTRUCTION REQUIREMENTS .....................................6 5.6 PAVEMENT SECTION RECOMMENDATIONS ............................................7 5.7 PAVEMENT CONSIDERATIONS .................................................................9 5.8 SITE GRADING AND DRAINAGE ..............................................................10 5.9 FIELD SUPERVISION AND DENSITY TESTING .......................................10 6.0 LIMITATIONS ........................................................................................................11 ILLUSTRATIONS FIGURES PLANOF BORI NGS -------------------------------------------------------------------------------1 A thru 1 B LOGSOF BORINGS----------------------------------------------------------------------------------2 thru 8 LEGEND - KEY TO LOG TERMS & SYMBOLS -------------------------------------------------------- g SWELLSUMMARY -----------------------------------------------------------------------------------------10 SOLUBLE SULFATES TEST RESULTS-------------------------------------------------_______________11 LIMESERIES RESULTS ------------------------------------------------------------------------------------12 MAS-TEK ENGINEERING & ASSOCIATES E09-07Q4 PAVEMENT RECONSTRUCTION NEIGHBORHOOD RESIDENTIAL STREETS FORT WORTH, TEXAS 1.0 INTRODUCTION 1.1 PROJECT DESCRIPTION Pavement reconstruc#ion with the same curb to curb dimension is to occur along three (3) residential streets in Fort Worth, Texas. These three (3) streets included Collinwood Avenue (Penticost Street to Merrick Street), Penticost Street (EI Campo South to Pershing Avenue) and Sanguinet Street (EI Campo Avenue to Birchman Avenue). Pavement design was performed per the current City of Fort Worth Pavement Design Standards Manual with the exception that only typical testing needed for pavement design was performed as detailed below. Proctor compaction, UU Triaxial tests and CBR tests were not performed. CBR correlations were based on strength, swell and index properties. 1.2 PURPOSE AND SCOPE The purposes of this geotechnical investigation were io: 1) explore the subsurface conditions at the site, 2) provide boring logs that present subsurface conditions encountered including water level observations and laboratory test results, 3) provide thickness measurements of the existing pavements at the core locations, and 4) provide subgrade and pavement recommendations for roadway reconstructions. 2.0 FIELD INVESTIGATION The field investigation consisted of drilling seven (7) test borings along the proposed alignment for the pavement reconstructions. The test borings were advanced to depths of 10 feet. A truck-mounted drilling rig was used to advance the borings and to obtain samples for laboratory evaluation. The boring locations were located at the approximate locations shown on the Boring location plans (Figures 1A through 1 B). � Undisturbed samples of cohesive soils were obtained at intermittent intervals with standard, thin-walled, seamless tube samplers. These samples were extruded in the field, logged, MAS-TEK ENGINEERING & ASSOCIATES E09-0704 PAGE 1 sealed, and packaged to protect them from disturbance and maintain their in-situ moisture content during transportation to our laboratory. A split-spoon sampier was used to obtain samples of granular soils in accordance with the Standard Penetration Test. Rock hardness was evaluated by cone penetration tests. The test borings were backfilled and #he pavement patched immediatefy upon completion of the borings. The results of the boring program are presented on the Logs of Borings, Figures 2 through 8. A key to the descriptive terms and symbols used on the logs is presented on Figure 9. 3.0 LABORATORY TESTING Laboratory tests were performed on representative samples of the soil to aid in classification of the soil materials. These tests included Atterberg limits fiests and moisture content tests. Hand penetrometer tests were perFormed on the clay soil samples to provide indications of the swell potential and the foundation bearing properties of the subsurface strata. The results of these tests are presented on the Logs of Borings (Figures 2 through 32). The results of swell tests performed on representative samples of the clay soils at this site are shown on Figure 10. Lime series and soluble sulfate tests were also performed on selected samples and are shown on Figures 11 and 12, respectively. 4.0 SITE AND SUBSURFACE CONDITIONS 4.1 GENERAL. SlTE CONDITIONS The project site consists of three (3) existing City of Fort Worth residential streets. These streets include Collinwood Avenue (Penticost Street to Merrick Street), Penticost Street (EI Campo South to Pershing Avenue) and Sanguinet Street (EI Campo Avenue to Birchman Avenue). See Figures 1A and 1 B for aerial view of the subject streets. 4.2 SUBSURFACE CONDITIONS SubsurFace conditions encountered in the borings, including descriptions of the various strata and their depths and thickness, are presented on the Logs of Borings. Note that depth on all borings refers to the depth from the existing grade or ground surface present at the time of the investigation. Boundaries between the various soil types are approximate. mAs-� CK ENGINEERING & ASSOCIATES E09-0704 PAGE 2 4.3 SITE GEOLOGY As shown on the Tarrant County sheet of the Geoloqic Atlas of Texas, the streets are located in areas underlain by the Duck Creek Formation. The Formation typically consist of interbedded layers of limestone and clays. Soils derived from the formations are typically highly plastic clays exhibiting a high shrink/swell potential with variations in moisture content. 4.4 GROUNDWATER CONDITIONS The borings were advanced using continuous flight auger methods. Advancement of the borings using these methods allows observation of the initial zones of seepage. Groundwater was not encountered during drilling and the borings were 4dry at completion. The borings were backfilled and the pavement patched with concrete immediately upon completion of the borings each day; therefore, long term water level readings could not be obtained. It is not possible to accurately predict the magnitude of subsurface water fluctuations that might occur based upon short-term observations. The subsurFace water conditions are subject to change with variations in climatic conditions and are functions of subsurface soil conditions and rainfall. 4.5 SOI� MOVEMENTS Our scape of work did not include PVR studies or recommendations to reduce soil swell PVR. However, the subsurFace exploration revealed clay soils having a moderate to very high shrink/swell potential depending upon the moisture condition. See Figure 9. Also, as mentioned above, soils derived from the geologic formations are typically Fiighly plastic clays exhibiting a high shrink/swell potential with variations in moisture content. Therefore, differential soil swell movements should be anticipated at this site. Ponding conditions near the reconstructed pavements must be avoided. Existing trees are also present near the curb lines of both roadways. As the trees mature, the tree roots will extend below the pavement causing differential settlement due to ground shrinkage. An arborist should be contracted regarding the feasibility of root barriers along the curb lines near the trees in an attempt to reduce future settlements. MAS-TEK ENGINEERING & ASSOCIATES E09-0704 PAGE 3 5.0 ANALYSIS AND RECOMMENDATIONS 5.1 PAVEMENT RECOMMENDATtONS We understand that all of the streets to be reconstructed are classified as Residential-Urban (High Volume) with the City of Fort Worth. The following traffic data was obtained from Table 4.1 of the City of Fort Worth's 2005 Pavement Design Standards Manual and was used in developing the pavement section recommendations. Annual ESALS • 35, 000 % Growth • 0.0 Percent Design Life � 25 Years 5.2 EXISTING FILL SOILS In order to provide adequate pavement support, we recommend that all existing trench backfill be tested for compaction. All non-compact backfill {having a compaction level below 95% ASTM D 698) should be removed and replaced in 8 inch compacted lifts. We recommend that the base of cut be compacted prior to fill placement. We recommend that a Mas-Tek Engineer or his representative observe the base of cut and compaction operations. The contract documents should specify that the contractor is responsible to protect all existing underground utilities from damage during excavation and compaction operations. After excavation to the required subgrade elevation, the entire subgrade should be proofrolled. Proofrolling can generally be accomplished using a heavy (25 ton or greater total weight) pneumatic tired roller making several passes over the areas. Where soft, loose or compressible zones are encountered, these areas should be removed to a firm subgrade. Wet or very moist surficial materials may need to be undercut and either dried or replaced virith proper compaction or replaced with a material which can be properly compacted. Any resulting void areas should be backfilfed to finished subgrade in 8 inch compacted lifts compacted to 95 percent of maximum dry density as determined by ASTM D 698. Clay soils having a PI over 30 should be compacted at optimum to +3% above optimum. Sandy soils mA5-s tK �NGINEERING & ASSOCIATES E09-0704 PAGE 4 having a Pl less than 30 should be compacted at -2 to +2 percentage points of its optimum moisture content. After proofrolling is performed and any soft, loose or compressible zones are removed and replaced, compact upper 8 inches of subgrade to 95% ASTM D698 as specified above. Then fill to pavement subgrade using on-site clay soils. Compact the fill in 8 inch compacted lifts compacted to 95 percent of maximum dry density as determined by ASTM D 698 as specified above. Where lime-stabilization is to be performed, the upper 8 inches of the pavement subgrade should consist of clay and sandy clay soils that are relatively free of large rock. Sand should not be used as fill in the upper 8 inches of the pavement subgrade where lime stabilization is to be performed. 5.3 SUBGRADE PREPARATION It is recommended that provisions be made in the contract documents to provide for proofrolling in areas where the subgrade will support new pavements. It is also recommended that an item be included for removal and replacement of soft materials which are identified by this procedure. See Section 5.9. Surficial clays are generally present at these sites that are subject to losses in shear strength with increases in moisture content beneath the paving. They typically react with hydrated lime which serves to improve their support value at higher moisture levels and provides a firm, uniform subgrade beneath the paving. 5.4 LIME STABILIZATION Based upon the results of Lime / Atterberg Series testing (see Figure 12), 8 percent hydrated lime by dry weight (48 pounds per square yard per 8-inch depth) should be anticipated to stabilize the existing clay subgrade. The lime should be thoroughly mixed and blended with the highly active subgrade soil (TxDOT Item 260) and the mixture compacted to a minimum of 98 percent of maximum dry density as determined in accordance with ASTM D698, within 2 percentage points of the soil's optimum moisture content. We recommend that this lime stabilization extend 1 to 2 feet beyond pavement edges, if possible, in order to reduce the effects of shrinkage during MAS-TEK ENGINEERING & ASSOCIATES E09-0704 PAGE 5 extended dry periods. After blue top stakes are set in preparation for grading the lime stabilized subgrade, depth checks should be performed to verify that the specified depth of stabilization is present after final grading of the stabilized subgrade. Sand should be specifically prohibited beneath pavement areas during final grading (after stabilization), since these more porous soils can allow water inflow, resulting in heave and strength loss of subgrade soils. It should be specified that only lime-stabilized soil (or compacted rock fines where limestone is present at final pavement subgrade) will be allowed for fine grading. After fine grading each area in preparation for paving, the subgrade surface should be lightly moistened, as needed, and recompacted to obtain a tight non- yielding subgrade. Project specifications should allow a curing period between initial and final mixing of the limelsoil mixture. After initial mixing, the lime treated subgrade should be lightly rolled and maintained at or within 5 percentage points above the soil's optimum moisture content until final mixing and compaction. We recommend a 2 to 3 day curing period for these soils. The following gradation requirements are recommended for the stabilized materials prior to final compaction: Minimum Passing 1 3/4" Sieve Minimum Passing No. 4 Sieve Percent 100 60 All non-slaking aggregates retained on the No. 4 sieve shou(d be removed prior to testing. 5.5 DESIGN AND CONSTRUCTION REQUIREMENTS The stabilized subgrade should be protected and moist cured or sealed with a bituminous material for a minimum of 7 days or until the pavement materials are placed. Pavement areas should be graded at all times to prevent ponding and infiltration of excessive moisture on or adjacent to the pavement areas. Due to the presence of expansive clay soils, differential pavement movements should be anticipated. Inspection during construction is particu(arly important to insure proper construction procedures are followed. All joints must be effectively seated. Ponding conditions should not be allowed in any area. �vip►s-1 CK ENGINEERING & ASSOCIATES E09-0704 PAGE 6 Where asphaltic concrete pavement is used, a geotextile separator should be placed on the lime-stabilized subgrade at the contact between the flex base and the fime-stabilized subgrade. The geotextile shall be as specified in the "Special Technical Specifications" in Appendix C of the City of Fort Worth's 2005 Pavement Design Standards Manual. 5.6 PAVEMENT SECTION RECOMMENDATIONS The pavement section recommendations provided below were designed based upon AASHTO Guide for Design of Pavement Structures using DARWin 3.1 computer program. A summary of the inputs are provided below: Design E 18's: Initial Serviceability: Terminal Serviceability: Modulus of Rupture: Elasticity Modulus: Effective k-value: Reliability Level: Standard Deviation: Load Transfer J: Drainage Coefficient: Concrete Pavement 875,000 (35;000 ESALs / year for 25 years with 0.0% growth rate) 4.5 2.25 550 psi (3,600 psi Concrete) 3,712,500 psi 250 psi/in - for 8 inches of lime-stabilized subgrade 85% 0.35 3.2 1.0 Asphalt Pavement Design E 18's: Initial Serviceability: Terminal Serviceability: Soil Resilient Modulus: Reliability Level: Overall Deviation: 875,000 (35,000 ESALs / year for 25 years with 0.0% growth rate) 4.2 2.0 4,118 (untreated subgrade — CBR of 3) 80% 0.45 The following Table presents the recommended pavement section for this project: � MAS-TEK ENGINEERING & ASSOCtATES E09-0704 PA�� 7 RECOMMENDED PAVEMENT SECTIONS * CITY OF FORT WORTH RESIDENTIAL-URBAN (High Volume) PCC SECTION 7 inch Portland Cement Concrete (3,600 psi Concrete) 8 inch Lime-Stabilized Subgrade HMAC SECTION 2 inch Type C Surface Course 4 inch Type B Binder Course (2 lifts) 8 inch Crushed Stone Flex Base or Crushed Concrete Base (2 lifts) 8 inch Lime-Stabilized Subgrade '� -The recommended pavement sections above include a small construction tolerance. The concrete should have a minimum 28 day compressive sfrength of 3,600 psi. Concrete quality will be important in order to produce the desired flexural strength and long term durability. Assuming a nominal maximum aggregate size of 1 inch to 1 3/8 inches, we recommend that the concrete have entrained air of 5 percent (± 1%) with a maximum water cement ratio of 0.40. Proper joint placement and design is critical to pavement performance. Load transfer at all joints and maintenance of watertight joints should be provided. Control joints should be sawed as soon as possible after placing concrete and before shrinkage cracks occur. All joints including sawed joints should be properly cleaned and sealed as soon as possible to avoid infiltration of water. The joint construction and spacing and reinforcing should be in accordance with the Ciiy of Fort Worth's 2005 Pavement Design Standards Manual based on the actual concrete thickness used for each road. We recommend that the perimeter of the pavements have a stiffening curb section to prevent possible distress due to heavy wheel loads near the edge of the pavements and to provide channelized drainage. All asphaltic concrete construction should comp)y with requirements of TxDOT, Item 340 (1993 Edition). The flex base should meet requirements of TxDOT Item 247, Type A, Grade 1, compacted in 4 to 6 inch lifts at or above optimum moisture content to a minimum of 95% Modified Proctor density (ASTM D1557). �w�►s-1 CK tNGINEERING & ASSOCIATES E09-0704 PAGE 8 5.7 PAVEMENT CONSIDERATIONS It is recommended that provisions be made in the contract to provide for proofrolling in areas where the subgrade will support new pavements. It is also recommended that an item be included for removal and replacement of soft materials, which are identified by this procedure. Proofrolling can generally be accomplished using a heavy (25 ton or greater total weight) pneumatic tired roller making several passes over the areas. Where soft or compressible zones are encountered, these areas should be removed to a firm subgrade. Wet or very moist surficial materials may need to be undercut and either dried or replaced with proper compaction or replaced with a material which can be properly compacted. Any resulting void areas should be backfil(ed to finished subgrade in 6 inch compacted lifts compacted to 95 percent of maximum dry density as determined by ASTM D698. Clay soils having a PI over 25 should be compacted at optimum to +3% above optimum. Sandy soils having a PI less than 25 should be compacted at -2 to +2 percentage points of its optimum moisture content. Achieving the required field density is dependent upon the adequate pulverization of the clay fill materials, the magnitude of compaction energy and the mainienance of field moisture near optimum. All joints and pavements should be inspected at regular intervals to ensure proper performance and to prevent crack propagation. The soils at the site are active and differential heave within the paving areas will occur. Large differential upward pavement movement may occur in any areas where the pavement is widened. If it is desired to reduce differential upward soils swell movements, excavation and moisture conditioning in lifts would be required. The extent of excavation would depend upon the desired tolerance for movement. The service life of paving may be reduced due to water infiltration into subgrade soils through heave induced cracks in the paving section. This will result in softening and loss of strength of the subgrade soils. A regular maintenance program to seal paving cracks will help prolong the service life of the paving. The life of the pavement can be increased with proper drainage. Areas should be graded to prevent ponding adjacent to curbs or pavement edges. Backfill materials, which could hold water behind the curb, should not be permitted. Flat pavement grades should be avoided. MAS-TEK ENGtNEERING & ASSOCIATES E09-0704 PAGE 9 Due to the presence of deep utility backfill in some areas and highly expansive clay in other areas, the use of reinforced concrete pavement would be preferred to accommodate differential pavement movements. 5.8 SiTE GRADING AND DRAINAGE All grading should provide positivs drainage away from the proposed pavements and should prevent water from collecting or discharging near the pavements. Water must not be permitted to pond adjacent to the pavements during or after construction. Otherwise, soil swell movements could exceed the estimates contained in this report. The pavements will be subject to some post construction movement. Joints in the pavements should be sealed to prevent the infiltration of water. Since some post construction movement of pavement may occur, joints should be periodically inspected and resealed where necessary. 5.9 FIELD SUPERVISION AND DENSITY TESTING Field density and moisture content determinations should be made on each lift of fill with a minimum of 1 test per 150 linear feet of pavement. Supervision by the field technician and the project engineer is required. Some adjustments in the test frequencies may be required based upon the general fill types and soil conditions at the time of fill placement. Many problems can be avoided or solved in the field if proper inspection and testing services are provided. It is recommended that all site and subgrade preparation and pavement placement be monitored by a qualified engineering technician. Density tests should be performed to verify compaction and moisture content of any earthwork. Inspection should be performed prior to and during concrete and asphalt placement operations. Mas- Tek Engineering & Associafies, Inc. employs a group of experienced, welf-trained technicians for inspection and construction materials testing who would be pleased to assist you on this project. �v�Hs-1 tK tNGINEERING & ASSOCIATES E09-0704 PAGE 9 O 6.0 LIMITATIONS The professiona! services, which have been perFormed, the findings obtained, and the recommendations prepared were accomplished in accordance with currently accepted geotechnical engineering principles and practices. The possibility always exists that the subsurFace conditions at the site may vary somewhat from those encountered in the test borings. The number and spacing of test borings were chosen in such a manner as to decrease the possibility of undiscovered abnormalities, while considering the nature of loading, size, and cost of the project. lf there are any unusual conditions differing significantly from those described herein, Mas-Tek Engineering & Associates, Inc. should be notified to review the effects on the performance of the recommended foundation system. The recommendations given in this report were prepared exclusively for the use of the client, and their consultants. The infarmation supplied herein is applicable only for the design of the previously described development to be constructed at locations indicated at this site and should not be used for any other structures, locations, or for any other purpose. We will retain the samples acquired for this project for a period of 30 days subsequent to the submittal date printed on the report. After this period, the samples will be discarded unless otherwise notified by the owner in writing. MAS-TEK EIVGINEERING & ASSOCIATES E09-0704 PAGE 11 . � _ ._ ,, J LOG OF BORING B-1 Project: Pavement Reconstruction - Ft. Worth, Texas Date: 07/26/2009 Elev.: Location: See Figure 1 Depth to water at completion of boring: Dry North: Depth to water when checked: Depth to caving when checked: ELEVATION/ SOIL SYMBOLS DEPTH SAMPLERSYMBOLS DESCRIPTION (feet) & FIELD TEST DATA 0 -z.s 50/4.5" -s 50/0.75" 50/0.25" - 7.5 -10 — — 12.5 15 17.5 Notes: Brown gravelly silty C�AY Dark brown & brown CLAY w/ gravel & calcareous nodules (FILL) Dark brown CLAY w/ occasional calcareous nodules Hard tan weathered LIMESTONE, fractured, w/ clay seams Tan & gray shaley CLAY w/ calcareous clay layers Boring terminated at 10' MTE, 1NC. Project No.: E09-0704 East: was: was: MC LL PL P� -200 DD P.PEN UNCON Slrain % % % % pcf tsf ksf % 4.5+ — — a.s+ — — as+ 4.5+ FIGURE: 2 LOG OF BORING B-2 Project: Pavement Reconstruction - Ft. Worth, Texas Project No.: E09-0704 Date: 07/26/2009 Elev.: Location: See Figure 1 Depth to water at completion of boring: Dry North: East: Depth to water when checked: was: Depth to caving when checked: was: ELEVATION/ SOIL SYMBOLS DEPTH SAMPLERSYMBOLS DESCRIPTION MC LL PL -200 DD P.PEN UNCON Strain feet & FIELD TEST DATA % % % P� % pCf t5f ksf % ° 2" ASPHALT — _ -_ � � � � 4.5 ... .. ���� Brown sandy CLAY w/ gravel & sandstone fragments FILL � s� � ss �oa a.s+ — -- Brown & dark brown CLAY w/ limestone nodules & — — __ ieces FILL z.s Brown CLAY w/ occasional calcareous nodules 4�5+ -w/ iron nodules at 3' 1e a.o 4.5+ , 5 Hard tan weathered LIMESTONE, fractured, w/ c sor,° seams SO/0.12" 7.5 50/0.5" � � 50/0.5„ Boring terminated at 10' '12.5 15 17.5 Notes: MTE, INC. �e�. FIGURE: 3 . LOG OF BORING B-3 Project: Pavement Reconstruction - Ft. Worth, Texas Date: 07/26/2009 Elev.: Location: See Figure 1 Depth to water at completion of boring: Dry North: Depth to water when checked: Depth to caving when checked: ELEVATION/ SOfL SYMBOLS DEPTH SAMP�ERSYMBOLS DESCRIPTION (feet & FIELD TEST DATA r a �ea�■-� .,,, � � �, , �, T 2.5 7.5 10 12.5 15 17.5 Notes: Brown sandy CLAY wi gravel & limestone fragments (FILL) Tan silty calcareous C�AY w/ calcareous deposits Hard tan weathered LIMESTONE, fractured, w/ �° extremely hard seams -very hard layers at 5.5' to 7.5' - very hard layer at 10' Boring terminated at 10' MTE, INC. Project No.: E09-0704 East: was: was: MC LL PL P� -200 DD P.PEN UNCON Strain /o % % /o pCf Isf ksf yo 17 48 17 31 114 4.5+ 4.5+ 18 � � ( ( � � 4.0 FIGURE: 4 LOG OF BORING B-4 Project: Pavement Reconstruc#ion - Ft. Worth, Texas Date: 07i25J2009 Elev.: �ocation: See Figure 1 Depth to water at completion of boring: Dry North: Depth to water when checked: Depth to caving when checked: EVATION/ SOII SYMBOIS DEPTH SAMPLERSYMBOLS DESCRIPTION (feet) & FIELD TEST DATA 0 - 2.5 -5 t�� 10 12.5 �� 17.5 Notes: Brown sandy CLAYwI limestone pieces, sand seams gravel (FILL) Dark brown CLAY w/ limestone pieces Tan silty calcareous CLAY w/ calcareous deposits Hard tan extremely weathered LIMESTONE, fractured, w/ occasional clay seams -ciay layer at 6.5' to 7' -clay layer at 9.5' to 10' Boring terminated at 10' MTE, INC, Project No.: E09-07Q4 East: was: was: MC �l. PL P� -200 DD P.PEN UNCON SVain % % % % pcf lsf ksf % � 4.5++ — — - 27 66 22 44 4.5+ a.s+ 4-0�—�— FIGURE: 5 - LOG OF BORING B-5 Project: Pavement Reconstruction - Ft. Worth, Texas Project No.: E09-0704 Date: 07/23/2009 Elev.: Location: See Figure 1 Depth to water at completion of boring: Dry Nor�h: �- East: Depth to water when checked: was: Depth to ca�ing when checked: was: ELEVATION/ SOII SYMBOLS DEPTH SAMPLERSYMBOLS . DESCRIPTION MC LL PL P� -200 DD P.PEN UNCON Strain feet & FIELD TEST DATA �o � � % pcf tsf ksf / ° 2" ASPHALT = __ a.s++ Brown ravelly silty CLAYw/ limestone pieces (FILL) Brown CLAY wl limestone nodules 2� ss z2 a, a.s+ — -- - 2.5 -5 - 7.5 -10 - 72.5 15 Light brown silty CLAY w/ limestone pieces a.s++ — — -w/ calcareous deposits at 3.5' 14 118 4.5++ Hard tan weathered LIMESTONE, fractured; w/ clay� � T�T T� �� seams I I I Boring terminated at 10' 4.5+ 4.5;+ 17.5 Notes: MTE, INC FIGURE: 6 LOG OF BORING B-6 Project: Pavement Reconstruction - Ft. Worth, Texas Date: O7/2412009 Elev.: Location: See Figure 1 Depth to water at completion of boring: Dry North: Depth to water when checked: Depth to caving when checked: EVATION! SOIL SYMBOIS DEPTH SAMPLERSYMBOIS DESCRIPTION feet & FIE�D TEST DATA ro 3.25" ASPHALT Light gray clayey GRAVEI� base Reddish brown & tan silty CLAYw/ limestone fragments & sandstone fragments (FILL) Tan siltv CLAY w/ limestone fragments & calcareous deposits -tan extremely weathered limestone layer at 3' Project No.: E09-0704 East: was: was: MC LL PL P� -200 OD P.PEN UNCON Strain /o % % /o pcf tsf ksf % - a.s++ — — - 13 46 17 29 4.5++ -- a.s+T — � — a.5 a.s++ 13/6" 14l6" 5 25/6" '12/6" 16/6" 24/6" 7.5 soia� sor�° 10 ,z.s 15 17.5 Notes: Tan extremely weathered LIMESTONE, highly fractured, w/ clay layers Boring terminafed at 10' MTE, INC, 16 � � � � � �4.5++ FIGURE: 7 LOG OF BORING B-7 Project: Pavement Reconstruction - Ft. Worth, Texas Date: 07/25/2009 Elev.: Location: See Figure 1 Depth to water at completion of boring: Dry North: Depth to water when checked: Depth to caving when checked: EVATION/ S011. SYMBOIS DEPTH SAMPLERSYMBOI.S DESCRIPTION feet & FIELD TEST DATA r0 � u . ��• � '�.-.-.-.� .. ,.�. �..-- .. ,.�. %%.� ...�- '....�. II���I�� U''�''I ���D��I � : �������I� , . ,��p0� � ���p���i .. I�I�I,II� :::.-_.. �..._.�� , .. ..�.� :�..�. ...�. ,�..�. .. ..�: ..... .. ,.�: -10 ��� 15 17.5 Notes: 25" 75" 4 ASPHALT Brown sandv CLAY w/ limestone pieces & sandstone fragments (F1LL) Tan extremely weathered LIMESTONE, highly fractured, w/ silty clay seams Tan silty CLAY w/ limestone seams Hard tan weathered LIMESTONE, fractured, w/ clay seams Boring terminated at 10' MTE, INC Project No.: E09-0704 East: was: was: MC lL PL P� -200 DD P.PEN UNCON Strain % % % % pcf tsf ksf % 15 34 16 18 14 FIGURE: 8 Symbol Description Strata svmbols Asphaltic Paving KEY TO LOG TERMS & SYMBOLS Symbol Description • • CLAY & •� �• GRAVEL .. Soil Samplers Gravelly Silty Clay Auger � CLAY � LIMESTONE, weathered � CLAY, _ shaley . ' CLAY, � sandy � � Thin Wall Shelby Tube " ,/ " Silty Calcareous Clay LIMESTONE, severely weathared � CLAY, silty Standard Penetration Test THD Cone Penetration Test Rock Core Notes• l. Exploratory borings were drilled on dates indicated using truck mounted drilling equipment. 2. Water level observations are noted on boring logs. 3. Results of tests conducted on samples recovered are reported on the boring logs. Abbreviations used are: DD = xiatural dry density (pcf) LL = liquid limit (�) MC = natural moisture content (�) PL = plastic limit (�) IIncon.= unconfined compression (tsf) PI = plasticity index P.Pen.= hand penetrometer (tsf) -200 = percent passing ##200 4. Rock Cores REC =(Recovery) sum of core sample recovered divided by length of run, expressed as percentage. RQD =(Rock Quality Designation) sum of core sample recovery 4�� or greater in length divided by the run, expressed as percen�age. FIGURE:9I MTE, INC. SWELL TEST RESULTS BORiNG DEPTH DRY IN-SITU FINAL LOAD % NO. (FEET) DENSITY MOISTURE MOISTURE �pS,� VERTICAL (pcf) CONTENT CONTENT SWELL B-2 1-2 104.1 21.7 24.9 188 4.2 B-3 1-2 114.0 16.7 19.5 188 3.9 B-5 5-6 118.1 14.4 16.6 563 1.5 PROCEDURE: 1. Sample placed in confining ring, design load (including overburden) applied, free water with surFactant made available, and sample allowed to swell completely. 2. Load removed and final moisture content determined. SOLUBLE SULFATES PPM TEST RES U LTS DEPTH SOLUBLE BORING NO. �FT.� SULFATES (PPM) B-1 1-2 180 B-3 3-4 120 B-5 1-2 260 B-7 2-3 160 LIME SERIES RESULTS BORING DEPTH LIME �tQUtD pLASTIC PLASTICITY IVO. (FEET) ADDED LIMIT INDEX (%) (%o) LIMIT (PI)1 B-1 1-2 0% 69 24 45 1-2 4% 58 39 19 1-2 6% 56 41 15 1-2 8% 55 42 13 BORING DEPTH LIME LIQUID pLASTIC PLASTIC(TY NO. (FEET) ADDED LIMIT INDEX (%) (%j LIMIT (PI)) B-4 1-2 0% 66 22 44 1-2 4% 54 36 18 1-2 6% 52 38 14 1-2 8% 50 40 10 GC-6.06.D Minority and Women Owned Business Enterprise Compliance THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCLTMENTS Revised July l, 2011 2008 CIP Contract 7C City Project No. 01268 F+�►�z� �c��,R,,�r�[ `"'""''� City of Fort Worth Minority Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY f the total doilar value of the contract is greater than $50,000, then a'MBE subcontracting goal may be �pplicable. If the total dollarvalue of the contract is $50,000 or less, then an MBE subcontracting goal is not �pplicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance applies to this bid. MBE PROJECT GOALS The City's MBE goal on this projeCt is 14 % of the total bid (Base bid applies to Parks and Community Services). Note: If both MBE and SBE subcontracting goals are established for this project, then an (�fferor must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. COMPLIANCE TO BID SPECIFICATIONS On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are required to comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation, or; 3. Good Faith Effort documentation, or; 4. Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department within the following times allocated, in order , for the entire bid to be considered responsive to the specifications. The� rotz�l��1�,.����U�r„�h��MB�,�i.�ic�rrte���t�t�� tr► 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no MBE participation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISEiORDINANCE, WI�L RESULT IN - THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE O�ce at (817) 212-2674. Rev. 5/30/12 ATTACHMENT1A Page 1 of 4 FORT WORTH City of Fort Worth MBE Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime McClendon Construction Co, Inc PROJECT NAME: f!/�;`:'vi��- 7( `:C�-���::;"��.'v��E BID DATE 2008 CIP Contract 7C October 25, 2012 City's MBE Project Goal: Prime's MBE Project Commitment: PROJECT NUMBER 14 % 10.2 % 01268 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 MBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications MBEs listed toward meeting the project goal must be located in the six (6) county marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Dallas, Denton, Johnson, Parker, and Wise counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 15t tier, a payment by a subcontractor to its supplier is considered 2"d tier ALL MBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located within the Marketplace, that have been determined to be a bondafide minority business enterprise by the North Central Texas Regional Certification Agency (NCTRCA) or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth. If hauling services are utilized, the prime will be given credit as long as the MBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The MBE may lease trucks from another MBE firm, including MBE owner-operators, and receive full MBE credit. The MBE may lease trucks from non-MBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the MBE as outlined in the lease agreement. FORT WORTH ATTACHMENT 1A `�� Page 2 of 4 � Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. MBE firms are to be listed first, use additional sheets if necessary. If a subcontractodsupplier is identified as an SBE, please attach a copy of the firm's SBE certification if they have not previously registered with the City's M/WBE Office, which may be contacted for verification. Please note that onl certified MBEs will be counted to meet an MBE oal. NCTRCA Attach o Certificate SUBCONTRACTOR/SUPPLIER T n Company Name i Address e M W Telephone/Fax � B B E E Rubio Trucking 9000 Co Rd 513 Alvarado, TX 76009 817/829-3711 No Fax Klutz Construction PO Box 100263 Ft Worth TX 76185 817/921-0990 Fax 817/921-0990 Earth Haulers, Inc 11500 Mosier Valley Rd Ft Worth, TX 76040 817/540-2777 817/571-4321 11x 11x 11x Bluebonnet Waste Control PO Box 223845 Dallas, TX 75222-3845 1 x 214/748-5221 Fax 214/748-6886 Cowtown Traffic Control 2724 Bryan Ave Ft Worth, TX 76104 1 x 817/924-4524 817-926-2725 Larry Rambo Trucking 501 Allison Lane Ft Wor[h, TX 76140 817/551-6539 817/483-2820 12 Ix S IM B B E E Detail Subcontracting Work Hauloff Trucking Drainage Construction Detail Supplies Purchased Topsoil Portable Toilets Barricades and Project Signs Hauling, Base and sand thru R&D Burns Brothers Dollar Amount $23,250.00 $28,500.00 $9,120.00 $375.00 $4,100.00 $11,500.00 Fox_ r� W� o� ATTACHMENT1A Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. MBE firms are to be listed first, use additional sheets if necessary. If a subcontractodsupplier is identified as an SBE, please attach a copy of the firm's SBE certification if they have not previously registered with the City's M/WBE Office, which may be contacted for verification. Please note that only certified MBEs will be counted to meet an MBE goal. SUBCONTRACTOR/SUPPLIER Company Name Address Telephone/Fax NCTRCA Attach Certificate T i e M W S r B B B E E E 1 x N 0 ° Detail Subcontracting M Work Detail Supplies Purchased Dollar Amount C Green Scaping 2401 Handley-Ederville Ft Worth, TX 76118 817/577-9299 817/577-9331 B E Erosion Control Devices $850.00 FORT WORTH '� � ATTACHMENT1A Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. Please list MBE firm's first, use additional sheets if necessary. If a subcontractor/supplier is identified as an SBE, please attach a copy of the firms SBE certification if they have not previously registered with the City's M/WBE Office which may be contacted for verification. Please note that onl certified MBEs will be counted to meet an MBE oal. Attach N NCTRCA Certificate ° SUBCONTRACTOR/SUPPLIER T � Detail Detail Company Name i Subcontracting Supplies Address e M W S M Work Purchased Dollar Amount Telephone/Fau r E E E E R& D Burns Bros Const PO Box 783 Burleson, TX 76097 1 817/447-0292 Fax 817/447-0207 Tarrant Concrete PO Box 6194 Ft Worth, TX 76115 1 817/926-6660 Barnsco, Inc 2609 Willowbrook Dallas, TX 75220 1 214/352-9091 Fax 214/379-0341 APAC Texas Inc PO Box 848164 Dallas, TX 75284 1 214/741-3531 U S Lime P.O. Box 851 Cleburne, Texas 76033 1 (817) 641-4433 W.O.E. Const Inc PO Box 185176 Grand Prairie, TX 76181 817/284-7401 817/284-7400 11 x Water and SewE x (Prequalified) Storm Drainage x x x x Silicone Joint Seal Ready-Mix Concrete Rebar Supplier Hot Mix Asphalt Hydrated Lime $194,235.40 $177,355.00 $24, 900.00 $1,272.00 $28,408.00 $4,982.00 Fox_ T�x ATTACHMENT1A Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. Please list MBE firm's first, use additional sheets if necessary. If a subcontractor/supplier is identified as an SBE, please attach a copy of the firms SBE certification if they have not previously registered with the City's M/WBE OfFce which may be contacted for verification. Please note that onl certified MBEs will be counted to meet an MBE oal. NCTRCA Attach o Certificate SUBCONTRACTOR/SUPPLIER T Company Name i Address e M W Telephone/Fax � B B E E Fortiline Waterworks 1705 Cypress Street Haltom City, TX 76117 2 682/747-0879 682/747-0884 S IM B B E E x Detail Detail Subcontracting Supplies Work Purchased Water / Sewer Pipe/Fittings (2nd Tier thru R8�D Burns) Dollar Amount $60,102.00 Fox� H ATTACHMENT1A Page 4 of 4 Total Dollar Amount of MBE Subcontractors/Suppliers $ $77,695.00 Total Dollar Amount of Non-MBE Subcontractors/Suppliers $ $491,254.40 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ $568,949.40 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office through the submittal of a Request for Approval o Change/Addition form. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed MBE goal. If the'' detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and any special arrangements with MBEs. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers participating on the contract that will substantiate the actual work performed by the MBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of the contract and may result in a determination of an irresponsible Offeror and debarment from participating in City work for a period of time not less than one (1) year. � Authorized Signature Dan McClendon Printed Signature President Title McClendon Construction Co, Inc Company Name PO Box 999 Address Burleson, TX 76097 City/State/Zip Contact NamelTitle (if different) 817/295-0066 Telephone and/or Fax dan@mcclendonconstruction.com E-mail Address October 29, 2012 Date McClendon Construction Company, Inc MBE/WBE Compliance Report 2008 CIP Contract 7C OVERVIEW The following actions were taken, by category, to secure M/WBE participation in the bid for this project: Opportunity Category: Action Taken: Result: Water and Sewer, Prequalified Good Faith Effort No MBE bids received Drainage Construction Good Faith Effort MBE Participation Haul-off Trucking Use only MBE's NIBE Participation Joint Seal Good Faith Effort One MBE Bid Rec'd Ready Mix Concrete Rebar Supplier Hydrated Lime Fuel Topsoil Portable Toilets Hot-Mix Asphalt Material Project Signs, Barricades Erosion Devices Good Faith Effort Good Faith Effort Good Faith Effort Good Faith Effort Good Faith Effort Good Faith Effort Good Faith Effort Good Faith Effort Good Faith Effort Not Low bidder No MBE bids received No MBE's Available No MBE's Available No MBE's Available MBE Participation MBE Participation No MBE's Available MBE Participation MBE Participation GC-6.07 Wage Rates THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH 2O08 CIP Contract 7C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised July 1, 2011 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7J8120Q8 DATE: Tuesday, July 08, 2QQ8 �OG NAME: 30WAGE RATES REFERENCE NO.: �G-16190 SUBJECT: Adopt 200$ Prevailing Wage Rates far City-Awarded Public-Works Projects RECOMMENDATION: It is recommended that the City Council adapt the attached 2008 Prevailing Wage Raies for City-awarded - public warks prajects. DISCUSSION: Texas Government Code Chapter 2258 requ�res that a public body awarding a contract for public warks shall de#ermine the general prevaiiing rate of per diem wages for each craft or type of worker needed fa execute the contract, and shall specify ln the bid documents and in the contract the prevailing waga raies in that locality. Each year The Quoin Chapter of the Associated General Contractors, in conjunction with the Association af -- Builders and Contractors (ABC} and the American Sub-Contractors Assaciation (ASA}, canducis a wage raie survey for North Texas construction. The attached 2008 Prevailing Wage Rate data was compiled from ihat survey. FISCA! INFORMATIONICERTIFiCATION: The Finance Directar certifies that this action will have no material effect on City funds. TO FundlAccaunt/Centers FROM FundlAccount/Centers Submitted for City Manager's Office by. Originating Depar#ment Head: Fernando Costa {8476} A. Qauglas Rademaker {6957) Additio»al Infarmafion Confact: Eric Bundy (7598} HEAVY & HIGHWAY CONSTRUCTION PREVAILING WAGE RATES 2008 Air Tool Operator Asphalt Distributor Oper Asphalt Paving Machine Asphalt Raker Asphalt Shoveler Batching Plant Weigher Broozn ar Sweeper Oper; Bulldozer Operator Concrete Finisher, Paving Concrete Finisher, Structures Concrete Paving Cnrbing Machine ( Concrete Pavin� Finishing Machine Concrete Paving Joint Sealer Opera' Concrete navin� Saw Ouerator Concrete Paving Cor►crete Rubber Crane, Clamshell Electrician Form Builder/Sette Form Setter, Pavin Faundation Drill C Poundation Drill C Front End Loader � Laborer. Common Structures 3c Curb .rator, Crawier Mounted :rator, Truck Mounted Mechanic Milling Machine C Mixer Operator Motor Gradex Ope Motor Grader Ope Oiler Painter, Structw-es Pavement Markin� Fine Grade Fine Grade Reinforcing Steel Setter, Paving Reinforcing Steel Setter, Structure Roller Operator, Pneumatic, Self-� Roller Operator, Steel Wheel, Flat Wheel/Tamp%ng Roller Onerator, Steel Wheel, Plant Mix Pavement Servicer Slip Form Machine Operator Spreader Box Operator Tractor Operator, Crawler T; Tractor Operator, Pneumatic Traveling Mixer Operator_ Truck Driver, Lowboy-Float Truck Driver, Single Axle, F Truck Driver, Tandem Truck Driver, Transit-: Wagon Drill, Boring A Welder Work Zone Barricade Semi- Ha1e DriIler Servicer �lO.Ob $13.99 $12.78 $11.01 $ 8.80 $14.15 $ 9.88 $13.22 $12.80 $12.&5 $13.27 $12.04 �13.63 $12.50 $I3.56 $14,50 �10.61 $14.12 $1$.12 $ 8.43 $11.63 $1 l .83 $13.67 $1b.30 $12.62 $ 9.i8 �] 0.65 $16.97 $11.83 $11.58 $15.20 $ i 4.50 $ I4.98 $13.17 $10.04 $ I 1.04 $ I4.86 $i 1.07 $10.92 $11.28 $11.42 �12.32 $12.33 $10.92 $12.60 $12.91 $14.93 $11.41 $10.91 $11.75 $I2.08 $14.00 $ l 3.57 $10.0� 2008 PREVAILING WAGE RATES C�NSTRUCTION 1NDUSTRY GR-01 60 00 Product Requirements TI�IS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH 2O08 CIP Contract 7C " STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01268 Revised July 1, 2011 cin OF FORT WORTH'S STANDARD PRODUCTS LIST UPDAlE0:3�22�10 a,ow�oa ey amw�n> >mrzo�z v�aa � CffY OF FORT WORTH'S S7ANDARD PRODUCTS LIST uaon�o:a-uno v�ovo�oa ev am�si �mrzmz P�9a � cin OF FORT WORTH'S STAN�ARD PRODUCTS LIST P�ap�roa ey emw��i vrzvnms uPonreo:au-�o aID